HOUSE BILL NO. 98
INTRODUCED BY D. LEWIS
AN ACT GENERALLY REVISING LAWS RELATED TO THE MONTANA CHIROPRACTIC LEGAL PANEL; PROVIDING AN APPROPRIATION; AMENDING SECTIONS 27-12-206, 27-12-306, 27-12-308, AND 27-12-502, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 27-12-206, MCA, is amended to read:
"27-12-206. Funding. (1) There is an account in the state special revenue fund. There is a pretrial review fund to be
administered by the director for the purposes stated in this chapter. The fund and any income from it must be held in trust,
deposited in an account, and invested and reinvested by the director. The fund may not become part of or revert to the
general fund of this state but is subject to auditing by the legislative auditor. Money from the assessments levied under this
section must be deposited in the account fund.
(2) For each fiscal year, beginning July 1, an annual assessment is levied on all chiropractic physicians. The amount of
the assessment must be annually set by the director and equally assessed against all chiropractic physicians. A fund surplus
at the end of a fiscal year, that is not required for the administration of this chapter, must be retained in the account by the
director and used to finance the administration of this chapter during the next fiscal year, in which event the director shall
reduce the next annual assessment to an amount estimated to be necessary for the proper administration of this chapter
during that fiscal year.
(3) The annual assessment must be paid on or before the date the chiropractic physician's annual renewal fee under 37-12-307 is due. An unpaid assessment bears a late charge fee of $25. The late charge fee is part of the annual assessment. The director has the same powers and duties in connection with the collection of and failure to pay the annual assessment as the department of commerce has under 37-12-307 with regard to a chiropractic physician's annual license fee."
Section 2. Section 27-12-306, MCA, is amended to read:
"27-12-306. Chiropractic physician's appearance and answer -- waiver of confidentiality of records. (1) If a
chiropractic physician whose alleged malpractice caused the application to be filed chooses to retain legal counsel, his the
chiropractic physician's attorney must shall informally enter an appearance with the director.
(2) The chiropractic physician shall answer the application and submit a statement authorizing the panel to inspect all
medical, chiropractic, and hospital records and information pertaining to the application and, for the purposes of such panel
inspection only, waiving any privilege as to the content of those records. Nothing in the statement waives any privilege for
any other purpose."
Section 3. Section 27-12-308, MCA, is amended to read:
"27-12-308. Director to furnish panel members with documents. At least 10 days prior to the hearing, the director shall give each panel member copies of all claims, all briefs, all chiropractic, medical, or hospital records, and all other documents that the director considers necessary."
Section 4. Section 27-12-502, MCA, is amended to read:
"27-12-502. Conduct of hearing. (1) At the time set for hearing, the claimant must be present and give a brief
statement of his the claimant's case, including the facts constituting the alleged professional malpractice that he the
claimant is prepared to prove. The chiropractic physician against whom the claim is brought and his the chiropractic
physician's attorney may be present and may make an introductory statement of his the chiropractic physician's case.
(2) A party may call witnesses to testify before the panel. Witnesses must be sworn. Medical and chiropractic texts, journals, studies, and other documentary evidence relied upon by a party may be offered and admitted if relevant. Written statements of facts by treating chiropractic physicians may be reviewed.
(3) The hearing is informal, and an official transcript must may not be made."
Section 5. Appropriation. If on June 30, 2001, a balance remains in the account of the state special revenue fund for the administration of Title 27, chapter 12, the balance is appropriated, in an amount not to exceed $50,000, to the Montana chiropractic legal panel provided for in 27-12-104.
Section 6. Effective date. [This act] is effective July 1, 2001.
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