Pub. L. 118-159, div. A, tit. VII, subtit. D, sec. 731 (as amended)
TREATMENT OF EXPERT MEDICAL OPINIONS WITH RESPECT TO MEDICAL MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES.
SEC. 731. TREATMENT OF EXPERT MEDICAL OPINIONS WITH RESPECT TO MEDICAL MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES.
Section 2733a of title 10, United States Code, is amended—
(1) by striking “subsection (g)” each place it appears and inserting “subsection (h)”;
(2) in subsection (f)(1), by inserting “, and information regarding the qualifications of each such expert who provided an expert medical opinion” before the semicolon;
(3) by redesignating subsections (g) through (j) as subsections (h) through (k), respectively; and
(4) by inserting after subsection (f) the following new subsection (g):
“(g) Expert Medical Opinions.—In using an expert medical opinion to evaluate a claim under this section, the Secretary of Defense shall use the opinion of—
“(1) an individual who is board-certified in the medical specialty with respect to that claim; or
“(2) if the claim involves medical, dental, or related health care functions for which board certification does not apply, an individual who is a highly qualified expert regarding the relevant medical, dental, or related health care function.”
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