Esta ley enmienda la Ley de la Junta Examinadora de Médicos de Puerto Rico para crear un banco de datos de peritos por especialidad médica. Estos peritos serán utilizados en reclamaciones por impericia médico-hospitalaria. La ley establece que la Junta proporcionará peritajes gratuitos a demandantes indigentes que necesiten un informe pericial para presentar una demanda. También obliga a la Junta a enviar una lista de peritos disponibles a la Oficina de Administración de los Tribunales anualmente.
(H. B. 3821) (Conference) (No. 286) (Approved October 2, 2003)
To add a new Section 21 to Act No. 22 of April 22, 1931, as amended, known as the "Puerto Rico Board of Medical Examiners," to create a pool of experts by specialty, to be used in complaints for professional medical-hospital malpractice; remitting a list of such experts to the Courts Administration Office.
The current legal system of the Commonwealth of Puerto Rico determines that any person, previously qualified by a court of justice, may be an expert. On the other hand, the high cost of the services provided by these experts in Puerto Rico is a fact known by all, particularly in judicial claims for medical-hospital malpractice, and the difficulty posed for the parties in obtaining medical professionals willing to serve as experts. This cost becomes highly burdensome for a great part of our population, especially for indigent physicians, which results in few having the opportunity to adequately present their claims before the pertinent forums.
In view of this situation, this Act authorizes the Puerto Rico Board of Medical Examiners to create a data bank of experts, by medical specialty, who could serve as experts, whether for plaintiffs or defendants, and/or remain available for the courts. This Act also provides that, in case of medical-hospital malpractice claims, filed by the beneficiaries of the Commonwealth of Puerto Rico Insurance, or of any other insurance
subsidized by public funds, the cost of the expertise provided by the Board of Medical Examiners' databank of experts during the stage of the expert report, shall be subsidized by the Board of Medical Examiners. The above evidences the disposition of medical groups to contribute positively to our society.
It is the concern of the Commonwealth of Puerto Rico's Legislature to create those legal mechanisms dealing with the problems burdening the different sectors of Puerto Rican society, framed by social justice guidelines and a healthy co-existence. This Act, in harmony with an advanced public policy in favor of our indigent doctors is a helpful tool for addressing the problems besieging the medical class of the Country.
Section 1.- To add a new Section 21 to Act No. 22 of April 22, 1931, as amended, known as "Puerto Rico Board of Medical Examiners," for the purpose of establishing the creation of a databank of experts by specialty, to be used in claims for medical-hospital malpractice, and to establish the remittance of a list of such experts to the Courts Administration Office. "Section 21.- Panel of Experts When any District Court so requires, the Puerto Rico Board of Medical Examiners shall make available the necessary experts with the pertinent specialties and qualifications, according to Rule 53 of the Rules of Evidence. The purpose of these experts shall be where the District Court so orders in cases where the defendant alleges indigence.
these cases the plaintiff must request the services of the Board of Examiners before the cause of action lapses and before the claim is filed. The request must include all the documentary evidence obtained up to then. 2. Once the expert's intervention has been requested, in cases where it is necessary to file the complaint, the same must submit his report within a term not to exceed thirty (30) days. 3. The compensation of doctors who render services as experts shall be established by regulations of the Board of Medical Examiners. 4. The Board of Medical Examiners shall be under the obligation to send to the Courts Administration Office a list of experts available in each specialty no later than January $10^{ ext {th }}$ of every natural year.
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 286 (H.B. 3821) (Conference) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a new Section 21 to Act No. 22 of April 22, 1931, as amended, known as the "Puerto Rico Board of Medical Examiners," to create a pool of experts by specialty, to be used in complaints for professional medical-hospital malpractice; remitting a list of such experts to the Courts Administration Office, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director