House of Representatives

SB 1199

BOMEX; formal interviews; information access

Sponsors: Senators Gerard, Bowers, Nichols

 

DPA

Committee on Health

DPA

Caucus and COW

 

F

As Passed the House

 

SB 1199 requires the Board of Medical Examiners (BOMEX) to provide a doctor with a copy of the investigation file prior to conducting a formal interview.

 

History

Upon completion of an investigation of a complaint against a doctor, the Board of Medical Examiners conducts a formal interview to hear evidence, interview the doctor and take action.  At the conclusion of a formal interview, the Board may take any disciplinary action against a doctor with the exception of revocation or suspension for more than 12 months. 

 

Prior to the formal interview, the doctor is provided a summary of the complaint, the findings of a medical consultant who reviewed the case and the conclusion and recommendation by staff to the Board.  In FY 1999-2000, the Board conducted 189 formal interviews to resolve 234 complaints.

 

SB 1199 requires BOMEX to supply certain investigative materials to the doctor ten days before a formal interview.

 

Provisions

·                      Requires the Board to provide the following information to a doctor 10 days before a formal interview:

1.      Any review, evaluation and opinion of the case by an expert or consultant.

2.      Any patient records obtained by the Board from other health care providers.

3.      The results of any evaluations or tests of the doctor.

4.      Any other factual information used by the Board in determining the case.

·                      Stipulates that the Board shall not disclose the name of the person who provided information regarding a complaint involving a doctor’s drug or alcohol impairment or any person filing a complaint that wishes to remain anonymous.

·                      Prohibits the doctor and the doctor’s attorney from releasing the investigative materials to any other person or entity or to use the materials for any proceeding other that a formal interview or administrative proceeding.

 

SB 1199 was amended in the Health Committee as follows:

·                      BOMEX will only provide the formal interview information if requested by the doctor

·                      Allows the Board to charge for copies of the information

·                      Reorganizes the statute for clarity and makes technical changes.

 

SB 1199 was amended in the Committee of the Whole as follows:

·                      Makes technical changes.

·                      Requires BOMEX to notify the doctor of the availability of information prior to the formal interview.

 

SB 1199 failed to pass Third Read.

 

 

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45th Legislature                                                                                                                                   

First Regular Session                                       2                                                             April 12, 2001

 

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