60-3502. Convening of screening panel; selection of members; list of professional licensees to be maintained by state agencies.
60-3502
60-3502. Convening of screening panel; selection ofmembers; list ofprofessional licensees to be maintained by state agencies.(a) If a professional malpractice liability action is filed ina district court of this stateand one of the parties to the actionrequests, by filing a memorandum with the court, that a professionalmalpracticescreening panel be convened, the judge of thedistrict court or, if the district court has more than one division, thechief judge of such court shall convene a professionalmalpracticescreening panel, hereafter referred to as the screening panel. If a claimfor damages arising out of the rendering of orfailure to render services by a professional licenseehas not been formalizedby the filing of a petition, any party affected by such claim may request,by filing a memorandum with the court, that a screening panel be convenedand, if such request is made, the judge of the district court or thechief judge ofsuch courtshall convene a screening panel. If a petition or claim is filed naming morethan one defendant or more than one person against whom a claim is being made,each defendantor person is entitled to request a separate screening panel.
(b) Themembership of the screening panel shall be selected as follows:(1) A person licensed in the same profession as thedefendant or person against whom the claim is filed, designatedby the defendant or by the personagainst whom the claim is made if no petition has been filed;(2) aperson licensed in the same profession as thedefendant or person against whom the claim is filed, designated by theplaintiff or by the claimant ifno petition has been filed; (3) a person licensed in the sameprofession as the defendant or person against whom theclaim is filed, selected jointlyby the plaintiff and the defendant or by the claimant and the personagainst whom the claim is made, if no petition has been filed; and(4) anattorney selected by the judge of the district court or thechief judge ofsuch courtfrom a list of attorneys maintained by the judge of the district courtfor such purpose. Such attorney shall be anonvoting member of the screening panel but shall act as chairperson ofthe screening panel.
(c) The state agency which licenses, registers,certifies or otherwise is responsible for the practice of any group ofprofessional licensees shall maintain and make available to the partiesto the proceeding a current list of professional licenseeswho arewilling and available to serve on the screening panel. The personsappointed shall constitute the screening panel for the particularprofessional malpractice claim to be heard.
History: L. 1987, ch. 214, § 2;L. 1999, ch. 57, § 55;L. 2008, ch. 80, § 1; July 1.