Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Includes midwives within definition of “licensed person” for purposes of affidavits of merit in certain actions filed on or after effective date.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain causes of action for negligence or malpractice and amending P.L.1995, c.139.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.139 (C.2A:53A-26) is amended to read as follows:
1. As used in this act, "licensed person" means any person who is licensed as:
a. an accountant pursuant to [P.L.1977, c.144 (C.45:2B-1 et seq.)] P.L.1997, c.259 (C.45:2B-42 et seq.);
b. an architect pursuant to R.S.45:3-1 et seq.;
c. an attorney admitted to practice law in New Jersey;
d. a dentist pursuant to R.S.45:6-1 et seq.;
e. an engineer pursuant to P.L.1938, c.342 (C.45:8-27 et seq.);
f. a physician in the practice of medicine or surgery pursuant to R.S.45:9-1 et seq.;
g. a podiatrist pursuant to R.S.45:5-1 et seq.;
h. a chiropractor pursuant to P.L.1989, c.153 (C.45:9-41.17 et seq.);
i. a registered professional nurse pursuant to P.L.1947, c.262 (C.45:11-23 et seq.);
j. a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2);
k. a physical therapist pursuant to P.L.1983, c.296 (C.45:9-37.11 et seq.);
l. a land surveyor pursuant to P.L.1938, c.342 (C.45:8-27 et seq.);
m. a registered pharmacist pursuant to [R.S.45:14-1 et seq.] P.L.2003, c.280 (C.45:14-40 et seq.);
n. a veterinarian pursuant to R.S.45:16-1 et seq.; [and]
o. an insurance producer pursuant to [P.L.1987, c.293 (C.17:22A-1 et seq.)] P.L.2001, c.210 (C.17:22A-26 et seq.); and
p. a midwife pursuant to R.S.45:10-1 et seq.
(cf: P.L.2001, c.372, s.1)
2. This act shall take effect on the 30th day next following enactment and apply to causes of action filed on or after that date.
STATEMENT
Pursuant to section 2 of P.L.1995, c.139 (C.2A:53A-27), once a defendant has filed an answer to a malpractice or negligence complaint, a plaintiff is required to file an affidavit from an appropriate licensed person stating that a reasonable probability of care, skill or knowledge was absent in the treatment or practice provided by the defendant. This bill includes midwives as a licensed person who may now provide an affidavit for a cause of action filed against a defendant midwife. The bill will take effect on the 30th day next following enactment and apply to causes of action filed on or after that date.