Session Law

Identifying Information:L. 2001 ch. 006
Other Identifying Information:2001 House Bill 2032
Tax Type:Other
Brief Description:An Act concerning professional malpractice liability screening panels; relating to providing copies of opinions to the insurance commissioner; amending K.S.A. 2000 Supp. 60-3505 and 65-4904 and repealing the existing sections.
Keywords:


Body:

CHAPTER 6

HOUSE BILL No. 2032


An Act concerning professional malpractice liability screening panels; relating to providing

copies of opinions to the insurance commissioner; amending K.S.A. 2000 Supp. 60-3505

and 65-4904 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 60-3505 is hereby amended to read as

follows: 60-3505. (a) Within 90 days after the screening panel is com-

menced, such panel shall make written recommendations on the issue of

whether the professional licensee departed from the standard of conduct

in a way which caused the plaintiff or claimant damage. A concurring or

dissenting member of the screening panel may file a written concurring

or dissenting opinion. All written opinions shall be supported by corrob-

orating references to published literature and other relevant documents.

(b) The screening panel shall notify all parties when its determination

is to be handed down, and, within seven days of its decision, shall provide

a copy of its opinion and any concurring or dissenting opinion to each

party and each attorney of record and to the judge of the district court

or the chief judge of such court. The screening panel shall also provide

a copy of its opinion and any concurring or dissenting opinions, and the

reasons therefor, to the commissioner of insurance.

(c) The written report of the screening panel shall be admissible in

any subsequent legal proceeding, and either party may subpoena any and

all members of the panel as witnesses for examination relating to the

issues at trial.

Sec. 2. K.S.A. 2000 Supp. 65-4904 is hereby amended to read as

follows: 65-4904. (a) Within 90 days after the screening panel is com-

menced, such panel shall make written recommendations on the issue of

whether the health care provider departed from the standard of care in

a way which caused the plaintiff or claimant damage. A concurring or

dissenting member of the screening panel may file a written concurring

or dissenting opinion. All written opinions shall be supported by corrob-

orating references to published literature and other relevant documents.

(b) The screening panel shall notify all parties when its determination

is to be handed down, and, within seven days of its decision, shall provide

a copy of its opinion and any concurring or dissenting opinion to each

party and each attorney of record and to the judge of the district court

or, if the district court has more than one division, the chief judge of such

court. The screening panel shall also provide a copy of its opinion and

any concurring or dissenting opinions, and the reasons therefor, to the

commissioner of insurance.

(c) The written report of the screening panel shall be admissible in

any subsequent legal proceeding, and either party may subpoena any and

all members of the panel as witnesses for examination relating to the

issues at trial.

Sec. 3. K.S.A. 2000 Supp. 60-3505 and 65-4904 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 9, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001