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- Subject Index: Since 1995
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2003 SESSION
HB 1441 Health regulatory boards; disciplinary procedures;report requirements.
Introduced by: Winsome Earle Sears | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Health regulatory boards; disciplinary procedures and reporting requirements. Lowers the disciplinary standard for persons licensed by the Boards of Medicine and Physical Therapy from gross negligence to simple negligence. The bill creates a confidential consent agreement that may be used by a health regulatory board (board), in lieu of discipline, in cases involving minor misconduct where there is little or no injury to a patient or the public and little likelihood of repetition by the practitioner. A board shall not be able to use the confidential consent agreement if it believes there is probable cause to believe the practitioner has (i) demonstrated gross negligence or intentional misconduct in the care of patients or (ii) conducted his practice in a manner as to be a danger to patients or the public. Such agreements will include findings of fact and may include an admission or a finding of a violation. Such agreements may be used by a board in future disciplinary proceedings. The bill provides that before reinstatement to practice, a three-year minimum period must elapse after the revocation of the certificate, registration or license of any person regulated by one of the boards; however, individuals who have had their licenses revoked by a health regulatory board are grandfathered and subject to provisions concerning reinstatement in effect prior to July 1, 2003. Existing reporting requirements by hospitals, health care institutions, health professionals and others concerning disciplinary actions, certain disorders, malpractice judgments, and settlements are clarified concerning timing for the reports, mandated reporters and the information required to be reported to the Board of Medicine. The bill excludes from reporting by hospitals and health care institutions certain health professional misconduct if it is reported to a peer review panel. Civil penalties for failure to report are increased up to a maximum of $25,000 for hospitals and health care institutions and $5,000 for all others. Certification, registration and licensure are conditioned upon the payment of such penalties. The confidentiality of the reported information is clarified. In addition, the Department of Health Professions' biennial reporting requirements on disciplinary actions by each of the health regulatory boards is clarified. The Department is given increased authority to regulate unlicensed practice and is directed to investigate all complaints within the jurisdiction of the relevant health regulatory board. Finally, the bill requires the executive committee of the Board of Medicine to include 2 citizen members. This bill is identical to SB 1334.
FULL TEXT
- 01/08/03 House: Presented & ordered printed, prefiled 11/15/02 035764930 pdf
- 01/21/03 House: Committee substitute printed 033139930-H1 pdf | impact statement
- 01/30/03 Senate: Committee substitute printed 033173930-S1 pdf | impact statement
- 02/11/03 House: Bill text as passed House and Senate (HB1441ER) pdf | impact statement
- 03/27/03 Governor: Acts of Assembly Chapter text (CHAP0762) pdf
HISTORY
- 01/08/03 House: Presented & ordered printed, prefiled 11/15/02 035764930
- 01/08/03 House: Referred to Committee on Health, Welfare and Institutions
- 01/08/03 House: Assigned to H. W. I. sub-committee: 1
- 01/21/03 House: Reported from H. W. I. w/substitute (21-Y 0-N)
- 01/21/03 House: Committee substitute printed 033139930-H1
- 01/22/03 House: Read first time
- 01/23/03 House: Read second time
- 01/23/03 House: Committee substitute agreed to 033139930-H1
- 01/23/03 House: Engrossed by House - committee substitute 033139930-H1
- 01/24/03 House: Read third time and passed House BLOCK VOTE (96-Y 0-N)
- 01/24/03 House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
- 01/24/03 House: Communicated to Senate
- 01/27/03 Senate: Constitutional reading dispensed
- 01/27/03 Senate: Referred to Committee on Education and Health
- 01/30/03 Senate: Reported from Ed. & H. with substitute (15-Y 0-N)
- 01/30/03 Senate: Committee substitute printed 033173930-S1
- 02/03/03 Senate: Read second time
- 02/04/03 Senate: Read third time
- 02/04/03 Senate: Reading of substitute waived
- 02/04/03 Senate: Committee substitute agreed to 033173930-S1
- 02/04/03 Senate: Engrossed by Senate - committee substitute 033173930-S1
- 02/04/03 Senate: Passed Senate with substitute (39-Y 0-N)
- 02/04/03 Senate: VOTE: PASSAGE (39-Y 0-N)
- 02/04/03 Senate: Rec. of Sen. passage agreed to by Senate (38-Y 0-N)
- 02/04/03 Senate: VOTE: RECONSIDER (38-Y 0-N)
- 02/04/03 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/04/03 Senate: VOTE: PASSAGE (40-Y 0-N)
- 02/05/03 House: Placed on Calendar
- 02/06/03 House: Senate substitute agreed to by House (95-Y 0-N)
- 02/06/03 House: VOTE: ADOPTION (95-Y 0-N)
- 02/11/03 House: Bill text as passed House and Senate (HB1441ER)
- 03/05/03 House: Enrolled
- 03/05/03 House: Signed by Speaker
- 03/06/03 Senate: Signed by President
- 03/20/03 Governor: Approved by Governor-Chapter 762 (effective-see bill)
- 03/27/03 Governor: Acts of Assembly Chapter text (CHAP0762)