House Bill No. introduced by B. Close aims to revise the disqualification grounds for members or proposed members of the Medical Legal Panel by amending Section 27-6-404 of the Montana Code Annotated (MCA). The bill establishes clearer criteria for disqualification, stating that a panel member must be disqualified if their impartiality could reasonably be questioned due to personal bias, knowledge of disputed facts, or relationships with parties involved in the case. It also outlines specific situations that would necessitate disqualification, such as having a personal interest in the case or being a material witness.

Additionally, the bill allows parties to request disqualification of a panel member by filing an affidavit that identifies the basis for the request and provides supporting facts. Each party is limited to three requests for disqualification for members who are attorneys or health care providers. The director is tasked with determining the sufficiency of the affidavit, removing disqualified members, and selecting replacements. Furthermore, the bill permits a member to disclose their disqualification basis and seek a waiver from the parties, allowing them to participate in the proceeding if an agreement is reached.

Statutes affected:
LC Text: 27-6-404
HB0766_1(1): 27-6-404
HB0766_1(2): 27-6-404
HB0766_1(3): 27-6-404
HB0766_1(4): 27-6-404
HB0766_1: 27-6-404