§ 9-2-1808 — Panel composition; selection; disqualification of panelist; multiple defendants

(a) The panel for each claim reviewed under this act shall
consist of two (2) professionals licensed in this state if
required by law to be licensed, and three (3) lay persons who
are not professionals or an employee of a professional. All
panel members shall be residents of this state. If feasible one
(1) member of the panel shall be from the professional's
profession or specialty. In those cases where the theory of
respondeat superior or some other derivative theory of recovery
is employed, if feasible one (1) member shall be from the
professional's profession or specialty and one (1) member shall
be from the profession or specialty of the professional named as
employer, master or principal.
(b) Within five (5) days of receipt, the director shall
notify the state licensing agency if any, of the professional
involved and the governor of the filing of the claim. Within
fourteen (14) days of notification, the state licensing agency
shall each provide the director a list of twelve (12) of its
members as proposed panelists. Within fourteen (14) days of
notification, the governor shall also provide the director with
a list of twelve (12) people willing and able to serve as
panelists. To the extent possible, the state licensing agency
shall include on the list persons specializing in the same field
or discipline as the professional against whom the claim is
made. The director shall select two (2) from each list to serve
as panelists and shall notify the parties and the panel members
selected of their selection. The four (4) panelists shall
unanimously select and appoint one (1) person as the fifth
panelist.
(c) At or prior to the hearing, the panel shall select a
chairman from among its members. The chairman shall preside
over the panel proceedings.
(d) If, within fifteen (15) days of receipt of the notice
of selection of panelists, the claimant or the professional
against whom the claim is made files an affidavit stating his
belief that a 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) panel
members under this subsection.
(e) 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.
(f) When a claim is filed against two (2) or more
professionals, the claim against each professional shall be
consolidated for hearing unless by stipulation of all parties or
at the discretion of the panel, the claims are heard separately.