Article archive / June 1, 2015
Originally published: . Volume 6, No. 6. Source pages: 6.
HB 573 by Representatives Hazel, Hoffmann, and Jackson, put forth 33 pages of changes and additions to the methods for dealing with complaints in the Louisiana State Board of Medical Examiners, but was revamped by substitute, and became HB 843.
The new substitute bill clarifies the causes for restrictions on licenses and discipline, including professional incompetency, medical incompetency, and unprofessional conduct.
The new law authorizes any staff member of the board, except the executive director, to act as the lead investigator for any complaint regarding a physician received by the board or any investigation regarding a physician initiated by the board upon its own motion. It provides that an initial complaint may be made by any person or by the LSBME on its own initiative and requires the initial complaint, except in cases of egregious conduct, to be made in writing and dated and provides for the minimum required content for the complaint.
The proposal prohibits the board, except in cases of egregious conduct, from taking any action upon receipt of an anonymous complaint or a complaint involving conduct that occurred more than three years from the date the complaint is received by the board.
Proposed law requires any final decision of the board to be supported by a preponderance of the evidence presented at the adjudicatory hearing.
Much of the intent of HB 573 now appears to be absent from the new measure.
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