§29-12B-4 State medical malpractice advisory panel; creation, composition, duties and compensation.
§29-12B-4. State medical malpractice advisory panel; creation, composition, duties and compensation.
(a) (1) There is hereby created, under the direction and control of the board, the medical malpractice advisory panel. The panel shall be composed of seven members appointed by the governor with the advice and consent of the Senate. Each member shall be a resident of West Virginia. No more than three members may reside in the same congressional district, no more than two members may reside in the same county, and no more than four members may belong to the same political party.
(2) Initial appointment of the members shall be for the following terms:
One member shall be appointed for a term ending the thirtieth day of June, two thousand two;
Two members shall be appointed for a term ending the thirtieth day of June, two thousand three;
Two members shall be appointed for a term ending the thirtieth day of June, two thousand four; and
Two members shall be appointed for a term ending the thirtieth day of June, two thousand five.
(3) Except for appointments to fill vacancies, each subsequent appointment shall be for a term ending the thirtieth day of June of the fourth year following the year the preceding term expired. In the event a vacancy occurs it shall be filled by appointment for the unexpired term. A member whose term has expired shall continue in office until a successor has been duly appointed and qualified. No member of the panel may be removed from office by the governor except for official misconduct, incompetency, neglect of duty, or gross immorality.
(4) The panel shall consist of the following:
(A) A physician licensed in this state by the state board of medicine recommended from a list of three candidates from a specialty area and three candidates from a non-specialty area submitted by the state medical association;
(B) A physician licensed by the state board of osteopathy recommended from a list of three candidates submitted by the state society of osteopathic medicine;
(C) A physician licensed by the state board of medicine from a specialty area recommended from the list of three candidates submitted by the West Virginia academy of family practitioners;
(D) A chief executive officer or chief financial officer of a hospital recommended from a list of three submitted by the state hospital association;
(E) One consumer or consumer representative;
(F) One person with training or experience in underwriting; and
(G) A person with training or experience in insurance industry management.
(b) The members of the panel shall receive from the executive director of the board the same compensation authorized by law for members of the Legislature for their interim duties for each day, or portion thereof, the member is engaged in the discharge of official duties. All panel members shall be reimbursed for their actual and necessary expenses incurred in the discharge of official duties, except that mileage shall be reimbursed at the same rate as that authorized for members of the Legislature.
(c) The panel shall advise the board with regard to those duties imposed on the board by the provisions of this article and the provisions of subsection (c), section five, article twelve of this chapter relating to medical professional liability insurance.