Asbestos Attorney: FAIR Act of 2005

Your Asbestos Attorney provides you with House Resolution 1360: FAIR Act of 2005. If you have been injured by Asbestos, this document may help you understand your Asbestos lawsuit. To find out if you have a claim, use our FREE Asbestos Case Evaluator.

SEC. 105. PHYSICIANS PANELS.

(a) Appointment- The Administrator shall, in accordance with section 3109 of title 5, United States Code, appoint physicians with experience and competency in diagnosing asbestos-related diseases to be available to serve on Physicians Panels as necessary to carry out this Act.

(b) Formation of Panels-

(1) IN GENERAL- The Administrator shall periodically determine--

(A) the number of Physicians Panels necessary for the efficient conduct of the medical review process under section 121;

(B) the number of Physicians Panels necessary for the efficient conduct of the exceptional medical claims process under section 121; and

(C) the particular expertise necessary for each panel.

(2) EXPERTISE- Each panel shall be composed of members having the particular expertise determined necessary by the Administrator, randomly selected from among the physicians appointed under subsection (a) having such expertise.

(3) PANEL MEMBERS- Each panel shall consist of 3 physicians, 2 of whom shall be designated to participate in each case submitted to the panel, and the third of whom shall be consulted in the event of disagreement.

(c) Qualifications- To be eligible to serve on a Physicians Panel under subsection (a), a person shall be--

(1) a physician licensed in any State;

(2) board-certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology; and

(3) an individual who, for each of the 5 years before and during his or her appointment to a Physicians Panel, has earned no more than 25 percent of his or her income as an employee of a participating defendant or insurer or a law firm representing any party in asbestos litigation or as a consultant or expert witness in matters related to asbestos litigation.

(d) Duties- Members of the Physicians Panel shall--

(1) make such medical determinations as are required to be made by Physicians Panels under section 121; and

(2) perform such other functions as required under this Act.

(e) Compensation- Notwithstanding any limitation otherwise established under section 3109 of title 5, United States Code, the Administrator shall be authorized to pay members of the Physician Panel such compensation as is reasonably necessary to obtain their services.

(f) Federal Advisory Committee Act- A panel established under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).