Maryland Courts and Judicial Proceedings Section 3-2C-01

Article - Courts and Judicial Proceedings

§ 3-2C-01.

      (a)      In this subtitle the following words have the meanings indicated.

      (b)      "Claim" means a civil action, including an original claim, counterclaim, cross-claim, or third-party claim, originally filed in a circuit court or United States District Court against a licensed professional or the employer, partnership, or other entity through which the licensed professional performed professional services that is based on the licensed professional's alleged negligent act or omission in rendering professional services, within the scope of the professional's license, permit, or certificate, for others.

      (c)      "Licensed professional" means:

            (1)      An architect licensed under Title 3 of the Business Occupations and Professions Article;

            (2)      An interior designer certified under Title 8 of the Business Occupations and Professions Article;

            (3)      A landscape architect licensed under Title 9 of the Business Occupations and Professions Article;

            (4)      A professional engineer licensed under Title 14 of the Business Occupations and Professions Article; or

            (5)      A professional land surveyor or property line surveyor licensed under Title 15 of the Business Occupations and Professions Article.

      (d)      (1)      "Qualified expert" means an individual who is a licensed professional, or comparably licensed or certified professional under the laws of another jurisdiction, knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom a claim is filed.

            (2)      "Qualified expert" does not include:

                  (i)      A party to the claim;

                  (ii)      An employee or partner of a party;

                  (iii)      An employee or stockholder of a professional corporation of which a party is a stockholder; or

                  (iv)      A person having a financial interest in the outcome of the claim.