Expert Witness Certification for Out of State Physicians Required

The creation of Fla. Stat. § 458.3175, 459.0066, and 466.005 by the Legislature now require that an out of state physician, osteopathic physician, or dentist wishing to provide expert testimony in Florida must be certified by the State of Florida Department of Health to do so.

The requirements for registration are the submission of an application containing the physician, osteopathic physician, or dentist's information and an application fee of $50.

The out of state physician, osteopathic physician, or dentist's registration will be approved so long as the practitioner holds an active and valid license in another state or a province of Canada and has not had a previous expert witness certification registration revoked by the Board.

This Expert Witness certification would allow the out of state practitioner to testify as to the prevailing standard of care in connection with medical negligence litigation and provide a verified written medical expert opinion, but it does not give the practitioner the authority to practice in Florida.

The statute also provides for the time frame requirements, the length of validity of the registration, and the classification of this registration as a license in any disciplinary action so that the holder of the registration will be subject to discipline by the Board of Medicine.

Relatedly, Fla. Stat. § 458.331, 459.015, and 466.028 have been amended to make the provision of fraudulent or deceptive expert witness testimony related to the practice of medicine, osteopathic medicine, or dentistry a ground for denial of a license application or discipline.

 

Back to News & Trends