House of Representatives

HB 2412

allopathic board of medical examiners

Sponsors: Representatives Huppenthal, Hatch-Miller, Johnson, et al

DP	Committee on Health
DPA	Caucus and COW
X	As Passed the House

HB 2412 increases the Board, review committees and executive director regulatory authorities.

History

The Allopathic Board of Medical Examiners is responsible for the licensure, regulation and rehabilitation of allopathic physicians. The Board is comprised of eight physician members, three public members and one public member who must be a nurse.

Provisions

· Expands the definition of unprofessional conduct to include sexual misconduct with a current patient or former patient within one year after the termination of treatment.

· Defines sexual misconduct as soliciting consensual or nonconsensual sexual relationships, making sexual advances, requesting sexual favors through verbal or physical contact or intentionally viewing a completely or partially disrobed patient unrelated to patient diagnosis or treatment.

· Allows health care professionals, instead of just physicians, to provide temporary patient supervision when prescribing medication without first conducting a physical examination.

· Deletes the term “arbitration” in reference to malpractice awards required to be posted on Internet physician profiles.

· Expands delegated authority of the executive director to dismiss complaints if the information does not merit action against the licensee. Currently, the executive director can only dismiss complaints involving medical incompetence.

· Expands delegated authority of the executive director to directly refer any case to formal hearing. Currently, the executive director can only refer cases to formal hearing where the evidence warrants suspension or revocation.

· Provides for the inactivation of a license if the licensee is not presently under investigation and the Board has not commenced any disciplinary proceeding against the licensee.

· Allows the Board to take emergency action by restricting or limiting a licensee’s ability to practice medicine.

· Expands the role of the review committee to conduct formal interviews and take any of the actions that the full Board may take after it conducts a formal interview. The review committee may also refer matters to the full Board for further review.

· Changes statutory language for clarity and consistency.

HB 2412 passed the Health Committee unamended.

HB 2412 was amended in the Committee of the Whole as follows:

· Changes the term sexual misconduct to sexual conduct within the definition of unprofessional conduct. Changes the language “termination of treatment” to “last medical consultation” as it applies to unprofessional conduct.

· Adds settlements to list of malpractice actions that must be reported to the Board.

· Clarifies that a review committee may dismiss a complaint if the information is without merit. The term information is used instead of referring to the actual complaint.

· Removes the six-member size limitation of the review committee.

· Removes the ability of the review committee to take any of the actions of the full board after it conducts a formal interview.

· Allows the review committee to initiate formal proceedings and impose civil penalties.

· Raises the minimum civil penalty amount from three hundred dollars to one thousand dollars.

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44th Legislature

Second Regular Session 2 May 9, 2001

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