Originally published: . Volume 9, No. 7. Source pages: 4.
The state medical board once again found itself in the hot seat over its investigatory processes, with Act 599 being passed into law in the 2018 Regular Session
The new law stipulates that the duration of any preliminary review of a licensee initiated in accordance with proposed law shall be no greater than 90 days unless extended by the board. The board, in conducting such a preliminary review, may obtain all files and records related to the complaint and to the complainant, and may obtain no more than 20 additional files or records in connection with the review unless authorized by the board.
Act 599 requires that prior to the board conducting any site visit or requesting medical records from an individual licensed by the board who is not subject to an active investigation, the executive director of the board shall request approval of the board through a duly adopted motion by two- thirds vote of the board, meeting in executive session, to conduct the site visit or records request.
And the law requires that prior to offering a consent order to a person licensed by the board, the board shall make available to the person all files and records which pertain to the case against him before the board, and which are not required by law to remain confidential or which are not otherwise privileged.
Proposed law requires that prior to offering a consent order to a person the board shall make available to the person all files and records which pertain to the case against him before the board, and which are not required by law to remain confidential or which are not otherwise privileged.
This is not the first pass for the Medical Board. They have been in front of the legislators several times now, beginning in 2015 when the Louisiana Medical Society worked to make key changes in the way the state medical board manages investigations, pushing for the Rules changes, including a limit on preliminary investigations to one, rather than three years.
Government affairs consultant and spokesperson for the Louisiana State Medical Society, Ms. Jennifer Marusak explained to the Times that the need for major changes came after years of complaints about how physicians were treated by the investigations staff at the state medical board.
“There were no limits, no structures, no definitions,” Marusak said. “A complaint of having a poor bedside manner could open up the door so that the investigators could go in and investigate everything in that physician’s office.”
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