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2003 SESSION

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SB 1334 Health regulatory boards; disciplinary procedure report requirements.

Introduced by: William Bolling | 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 has been 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 at least two citizen members. This bill is identical to HB 1441.


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