House of Representatives

HB 2412

allopathic board of medical examiners

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

 

DP

Committee on Health

DP

Caucus and COW

 

DP

As Passed the House

X

As Transmitted To The Governor

 

HB 2412 increases the Board, review committees and executive director regulatory authorities.  Expands the definition of unprofessional conduct as it relates to sexual conduct. Requires an evaluation by the Office of Auditor General (OAG) and provides for a carryover of unexpended funds.

 

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 conduct with a current patient or former patient within six months after the last medical consultation.

·                      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. Provides exemption from this provision for prescriptions written to prepare a patient for a medical 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 a complaint if the complaint is without merit.  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, initiate formal proceeding and issue civil penalties.  Stipulates that a review committee consists of at least three members that include one public member.

·                      Requires the Officer of Auditor General to conduct a follow-up evaluation to a 1998 audit of BOMEX by October 2001.

·                      Allows BOMEX to carryover $225,000 of unexpended funds.

·                      Changes statutory language for clarity and consistency.

 

 

 

 

 

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44th Legislature                                                                                                                                   

Second Regular Session                                   2                                                             April 30, 2001

 

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