CHAPTER 3

SELECTION OF THE PANEL

  Section 1. Notice to Licensing Agency and State Bar and Selection of Professional Panelists.  Within five (5) days of receipt of a claim and medical release, the Director shall notify the appropriate state licensing agency of the HCP involved and the state bar of the filing of the claim. Within fourteen (14) days of the notification, the state licensing agency and the state bar shall each provide the Director a list of twelve (12) of its members as proposed panelists. To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the HCP against whom the claim is made.

  Section 2. When the claim is set for hearing, the Director shall select two (2) HCPs from the list provided by the state licensing agency and two (2) attorneys from the state bar list to serve as panelists and shall notify the parties and the panel members selected of their selection.

  Section 3. Selection of Lay Panelist.  The four professional panelists, chosen in Section 2 above, shall unanimously select and appoint one (1) person as lay panelist. The lay member chosen by the original panel shall serve even if one of the original panel members is challenged and replaced in accordance with W. S. § 9-2-1520(d). The Director shall solicit and maintain a list of lay persons who wish to serve as members of medical review panels.

  Section 4. Qualifications of Panel Members.

  (a) All panel members must be residents of the State of Wyoming.

  (b) The lay panel member cannot be an attorney, HCP or an employee of an attorney or HCP.

  (c) If feasible, one (1) member of the panel shall be from the HCP's profession or specialty, in good standing with the state licensing agency.

  (d) If feasible, in those cases where the theory of respondent superior or some other derivative theory of recovery is employed, one (1) member shall be from the individual HCP's profession or specialty and one (1) member shall be from the profession or specialty of the HCP named as employer, master or principal.

  (e) If feasible, in those cases where a facility licensed to provide health care is named in the complaint, one (1) member who is an individual currently serving in an administrative position directly related to operations or conduct that includes responsibility for the area of practice that is the subject of the claim.

  (f) No panel member shall be the subject of the claim, or an employee or the employer of a HCP subject to the claim for which the panel is formed.

  Section 5. Disqualification of Panel Members.

  (a) If, within fifteen (15) days of receipt of the notice of selection of the professional panelists, the Claimant or the HCP against whom the claim is made files an affidavit stating his belief that a professional panelist selected by the Director cannot be impartial in reviewing the claim, the panel member is disqualified, and the Director shall select another from the list. Each party may disqualify not more than three (3) professional panel members under this subsection.

  (b) The Director may excuse a panelist from serving if the panelist feels his presence on the panel would be inappropriate under the circumstances of the case, or the panel member is unable to serve. Section 6 . Compensation of Panel Members.

  (a) Members of the panel shall receive the following compensation while engaged in the business of the board, not to exceed two thousand dollars ($2000) per claim reviewed;

    (i) Five hundred dollars ($500) per day each calendar day the panel is convened.

    (ii) Twenty-five dollars ($25.00) per preparation hour.

    (iii) Compensation for travel and other services as provided in W.S. §§ 9-3-102 and 9-3-103.

  Section 7. Ex Parte Contacts.  Except to the extent authorized by law, a party or party's attorney shall not communicate, directly or indirectly, in connection with any issue of fact or law with any medical review panel member concerning any pending case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the Director shall advise all parties as soon as possible thereafter, and if requested, allow any party or panel member an opportunity to respond.