1996-02-02                     Senate Journal                      Page 2280
SB 254                                                                       
SENATE BILL NO. 254 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to expert advisory panels in                                  
medical malpractice litigation and the definition of                           
health care provider for medical liability.                                    
                                                                               
was read the first time and referred to the Labor and Commerce,                
Judiciary and Finance Committees.                                              
                                                                               
Zero fiscal notes published today from Department of Health and                
Social Services, Department of Corrections, Department of Commerce             
and Economic Development, Department of Law, Department of                     
Public Safety.                                                                 
                                                                               
Governor's transmittal letter dated February 1:                                
                                                                               
Dear President Pearce:                                                         
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill relating to expert advisory panels in medical         
malpractice actions and the definition of health care provider in those        
actions.  The intent of this proposal is to promote faster and,                
therefore, less costly resolution of medical malpractice cases by              
ensuring that expert advisory panels can be appointed to review cases          
regardless of whether the parties or providers are in the public or            
private sector.                                                                
                                                                               
Current state law requires the courts to appoint an expert advisory            
panel in medical malpractice cases brought against a private party,            
unless the court decides that a panel is unnecessary.  In most                 
medical malpractice cases involving the state, courts have appointed           
an expert panel to help determine fault.  But in at least one instance,        
a court concluded that an expert panel was not available in a case             
against the state.  There have been other cases in which the                   
argument has been raised and rejected.                                         
                                                                               

1996-02-02                     Senate Journal                      Page 2281
SB 254                                                                       
Expert advisory panels for medical malpractice cases are comprised             
of three medical professionals or specialists.  They review the                
professional services at issue, consider specific questions set out in         
statute and issue a report.  The report may be used as evidence in             
the malpractice litigation and often leads to settlement of the case,          
instead of a drawn out, costly court battle.  It makes no sense to             
clearly allow private providers access to an expert panel, and deny            
that access to government defendants.                                          
                                                                               
This bill also adds certain professionals to the definition of health          
care providers for purposes of medical malpractice actions --                  
specifically osteopaths, physician assistants, mobile intensive care           
paramedics and emergency medical technicians.  By omitting these               
health care professionals from the list of providers that can have             
access to an expert advisory panel, they are denied the benefits of            
such review in court cases for no good reason.                                 
                                                                               
This bill is intended to help ease the flow of medical malpractice             
cases through the court system by giving more equal treatment to               
health care providers.  I urge your support of this legislation.               
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor