ROBERT L. EHRLICH, JR., Governor                               H.B. 2

B. EXCEPT AS PROVIDED IN ITEM 2 OF THIS SUBPARAGRAPH,
IF THE DEFENDANT IS BOARD CERTIFIED IN A SPECIALTY, SHALL BE BOARD
CERTIFIED IN THE SAME OR A RELATED SPECIALTY AS THE DEFENDANT.

2. ITEM (II)1 B OF THIS SUBPARAGRAPH DOES NOT APPLY IF:

A. THE DEFENDANT WAS PROVIDING CARE OR TREATMENT
TO THE PLAINTIFF UNRELATED TO THE AREA IN WHICH THE DEFENDANT IS BOARD
CERTIFIED; OR

B. THE HEALTH CARE PROVIDER TAUGHT MEDICINE IN THE
DEFENDANT'S SPECIALTY OR A RELATED FIELD OF HEALTH CARE.

3-2A-04.

(a) (1) (I) THIS PARAGRAPH APPLIES TO A CLAIM FILED BEFORE
JANUARY 1, 2005.

(II) A person having a claim against a health care provider for
damage due to a medical injury shall file [his] THE claim with the Director[,] and, if
the claim is against a physician, the Director shall forward copies of the claim to the
State Board of Physicians.

(III) (II) The Director shall cause a copy of the claim to be served
upon the health care provider by the appropriate sheriff in accordance with the
Maryland Rules.

(IV) (III) The health care provider shall file a response with the
Director and serve a copy on the claimant and all other health care providers named
therein within the time provided in the Maryland Rules for filing a responsive
pleading to a complaint.

(V) (IV) The claim and the response may include a statement that
the matter in controversy falls within one or more particular recognized specialties.

(VI) EACH CERTIFICATE OF A QUALIFIED EXPERT DESCRIBED IN
THIS SECTION SHALL BE FILED WITH THE DIRECTOR FOR A CLAIM SUBJECT TO THIS
PARAGRAPH.

(2) (I) 1. A PERSON MAY NOT FILE A CLAIM WITH THE DIRECTOR
UNDER PARAGRAPH (1) OF THIS SUBSECTION ON OR AFTER JANUARY 1, 2005.

2. THIS PARAGRAPH APPLIES TO A CLAIM FILED ON OR
AFTER JANUARY 1, 2005.

(II) A PERSON WHO HAS A CLAIM FOR A MEDICAL INJURY AGAINST
A HEALTH CARE PROVIDER SHALL FILE A COMPLAINT IN A COURT AS PROVIDED BY
THE MARYLAND RULES.

(III) 1. THE CLERK OF THE COURT SHALL FORWARD A COPY OF A
COMPLAINT TO THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

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