21-25B-19. Disability or disqualification of panel member--Petition for court-appointed replacement--Prior exhibits and testimony available--Recommendation by originally appointing party.
If any person serving on a health care services arbitration panel becomes disabled or is disqualified from service thereon for any reason, the presiding judge of the circuit court shall, upon petition of any party to the arbitration agreement on the controversy under consideration, within fifteen days appoint someone to fill such vacancy. The person appointed to fill a vacancy shall have made available to him all exhibits and testimony heard or introduced prior to his appointment. If the vacancy is a position originally appointed by one of the parties to the controversy, on making such appointment the court shall consider persons recommended by the party originally making the nomination for the position vacated, but the court shall not be bound by any such recommendation.
Source: SL 1976, ch 155, ยง14.
Structure South Dakota Codified Laws
Chapter 25B - Arbitration Agreements Relating To Medical Services
Section 21-25B-3 - Warning clause required in arbitration agreement.
Section 21-25B-6 - Institution of claim--Written statement and receipt--Contents of statement.
Section 21-25B-7 - Joinder of subrogee--Segregation of damages or costs.
Section 21-25B-11 - Duties of arbitration officer.
Section 21-25B-13 - Three-member panel selected for small claims--Selection process.
Section 21-25B-14 - Five-member panel for large claims--Selection process.
Section 21-25B-15 - Five-member panel for multiple parties--Selection process.
Section 21-25B-16 - Striking selections for five-member panel.
Section 21-25B-20 - Panel members to receive copies of statements.
Section 21-25B-21 - Two-stage hearings--Waiting period between stages.
Section 21-25B-22 - Transcription of hearing--Expert witnesses--Expenses of panel members.