GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1295

Short Title:  Medical Malpractice Claims Arb. Study Comm.     	(Public)
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Sponsors: Senators Johnson of Wake; Allran, Basnight, Block, Conder, Daniel, Harris, Kaplan, Rauch, Staton, Taft, Walker, and Ward.
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Referred to:  Rules and Operation of the Senate.
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May 11, 1989

A BILL TO BE ENTITLED
AN ACT TO CREATE THE MEDICAL MALPRACTICE CLAIMS ARBITRATION STUDY COMMISSION.
Whereas, the North Carolina Bar Association's special committee on the Tort Liability System has supported "...the continued development of alternative dispute resolution procedures, including mediation, court-annexed arbitration, independent arbitration and summary jury trials when such are desired by the litigants"; and
Whereas, a successful program of court-annexed arbitration has been conducted in cases involving sums up to one hundred fifty thousand dollars ($150,000) in the United States District Court for the Middle District of North Carolina, and a successful program of arbitration of small claims has been conducted in three Judicial Districts in North Carolina; and
Whereas, it would be in the best interest of the public and health-care delivery to provide a more efficient and less costly method of resolving claims between patient and physician; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The Medical Malpractice Arbitration Study Commission is hereby created.  The Commission shall consist of 13 members who shall be appointed as follows:
(1)	Five members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives as follows:
a.	Three persons who are members of the House of Representatives at the time of their appointment, one of whom shall be a licensed attorney regularly representing plaintiffs or a member of a firm that regularly represents plaintiffs, and one of whom shall be a licensed attorney regularly representing defendants or a member of a firm that regularly represents defendants;
b.	One physician licensed to practice medicine in North Carolina; and
c.	One at-large member representing the general public;
(2)	Five members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate as follows:
a.	Three persons who are members of the Senate at the time of their appointment, one of whom shall be a licensed attorney regularly representing plaintiffs or a member of a firm which regularly represents plaintiffs, and one of whom shall be a licensed attorney regularly representing defendants or a member of a firm which regularly represents defendants;
b.	One physician licensed to practice medicine in North Carolina; and
c.	One at-large member representing the general public;
(3)	The Chief Justice of North Carolina or his designee;
(4)	The Chief Judge of the North Carolina Court of Appeals or his designee;
(5)	The President of the North Carolina Bar Association or his designee.
If a vacancy occurs in the membership, the appointing authority shall appoint another person to serve the balance of the unexpired term in the same manner in which the original appointment was made.
The Commission shall terminate upon the filing of a report with the General Assembly.
Sec. 2.  The President Pro Tempore of the Senate shall designate one Senator as cochairman, and the Speaker of the House of Representatives shall designate one member of the House of Representatives as cochairman.
Sec. 3.  The Commission shall study the use of court-annexed arbitration in medical malpractice actions, as described in G.S. 90-21.12, and as a part of its study, the Commission may also consider studies by the American Medical Association, the North Carolina Bar Association Dispute Resolution Committee, and the Duke University Private Adjudication Center, regarding alternate forms of dispute resolution in mediation, conciliation, and other forms of alternate dispute resolution, which might lead to a more expeditious and more economical determination of issues arising in a medical malpractice action than the present system of discovery and jury trial, which has been found to be very time consuming and expensive.  The Commission is specifically empowered to study arbitration and other alternate dispute resolution forms which have been implemented or are being considered for implementation in other states of the United States.
Sec. 4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1991 Session of the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  The Commission may, but is not required to, file its report on or before the first day of the 1990 Budget Session of the 1989 General Assembly, if it can complete its work and adopt a report requiring filing on or before such date.  Upon filing its final report, the Commission shall terminate.
Sec. 5.  The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.  The Commission may meet at any time upon the joint call of the cochairmen.  The Commission may meet in the Legislative Building or the Legislative Office Building.
Sec. 6.  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist in the work of the Commission.  The House of Representatives' and the Senate's Supervisor of Clerks shall assign clerical staff to the Commission, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Commission.
Sec. 7.  All State departments and agencies shall furnish the Commission with any information in their possession or available to them.
Sec. 8.  The Commission shall have all powers necessary or convenient to carry out the purposes and provisions of this act, including, but not limited to, the power to receive and accept grants or funds from any public or private agency for, or in the aid of, the purposes of this section, and to receive or accept contributions, from any source, of money, or labor, to be held, used, and applied for the purposes of this act.  Any grants or contributions received shall be held by the Legislative Services Commission and these monies received shall be used prior to the use of any available State funds.  If grants or contributions are received thereafter, they shall be retained by the Legislative Services Commission in amount equal to State funds already expended.
Sec. 9.  There is appropriated from the General Fund to the General Assembly the sum of $25,000 for the fiscal year 1989-90 and the sum of $25,000 for the fiscal year 1990-91 for the expenses of the Commission.  Any unused sums shall revert to the Legislative Research Commission of the General Assembly.
Sec. 10.  This act shall become effective July 1, 1989.