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 introduces new 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 specifies that a member may be disqualified if they or their close relatives have an economic interest in the case or are likely to be material witnesses.

Additionally, the bill outlines a process for parties to request disqualification by filing an affidavit that identifies the basis for the request and provides specific supporting facts. Each party is allowed to file up to three requests for disqualification for both attorney and health care provider members. The director is tasked with determining the sufficiency of the affidavit, removing disqualified members, and selecting replacements. Furthermore, the bill allows for the possibility of waiving disqualification under certain circumstances, provided that all parties agree and the agreement is documented in the record of the proceeding.

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(5): 27-6-404
HB0766_1(6): 27-6-404
HB0766_1: 27-6-404