Article archive / October 1, 2015
Originally published: . Volume 6, No. 10. Source pages: 6.
The Louisiana State Board of Medical Examiners intends to publish new rules because the Louisiana Medical Practice Act was amended by Act 441 of the 2015 Legislative session. The new rules will govern the investigation of complaints.
The new proposed rules include Review, Formal Investigation, Informal Settlements and Consent Orders, and Adjudication. “Preliminary review of a complaint shall be completed as promptly as possible within one-hundred and eighty days of receipt.” Formal investigations “shall be completed within thirty-six months after initiated by the board,” according to the proposed rules.
Discovery, Prehearing Conference, and Recusal is also covered. In recusal, the new rule will be, “A. Any board member who, because of bias or interest, is unable to assure a fair hearing shall be recused from that particular proceeding. The reasons for the recusal shall made part of the record. Should the majority of the board members be recused for a particular proceeding, the governor shall be requested to appoint a sufficient number of pro tem members to obtain a quorum for the proceeding.”
According to the announcement, the proposed rule will result in an estimated cost of $422,429 in FY 16 and recurring costs of approximately $340,000 beginning in FY 17. The announcement noted that estimated costs are attributable to: the need to hire a physician consultant separate from the physician executive director to conduct investigations ($246,901 – base salary $175,000 per year + $64,750 retirement for state employees + $4,613 group insurance per year + $2,538 Medicare contribution = $246,901 salary package). Also a compliance investigator to monitor investigations is to be hired, to insure compliance with other procedural requirements ($74,240 – base salary $50,000 per year + $18,500 retirement for state employees + $5,015 group insurance per year + $725 Medicare contribution = $74,240 salary package).
The Board will also incur one-time costs to acquire a new software system to properly track and monitor investigations and complaints ($100,000).
The Rules will set out Informal Settlements and Consent Orders. “Informal dispositions may be either non- disciplinary or disciplinary: 1. Non- disciplinary dispositions consist of correspondence, an informal conference and a letter of concern. These dispositions shall not constitute disciplinary action, are not a public record of the board and are not reported and distributed in the same manner as final decisions of the board. 2. Disciplinary dispositions consist of consent orders, and other orders and agreements, and stipulations for voluntary surrender of a license. These dispositions shall constitute disciplinary action, shall be a public record of the board, and are reported and distributed in the same manner as final decisions of the board.”
This comes after changes from the legislative session and Bill 573 proposed by Representatives Hazel, Hoffman and Jackson. HB 573 put forth 33 pages of changes. The bill would have required that a member of the board act as a supervisor for each complaint and that all complaints and investigations be supervised by a board member. It also included language that limited the amount that a person had to pay for his or her own proceeding. HB 573 also would have established expert physician review panels relating to medical specialities.
However, HB 573 was replaced by substitute and much of the original language was changed when it became HB 843 and Act 441.
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