SB 635

Current law authorizes the Medical Examining Board (board) in the

Department of Regulation and Licensing to issue licenses to practice medicine and

surgery, to practice perfusion, and to practice as a physician assistant, and to certify

respiratory care practitioners. This bill makes several changes to the laws

regulating persons licensed, permitted, or certified by the board.

Order of summary suspension

Currently, the board may summarily suspend a license, certificate, or other

limited permit (credential) granted by the board if the board has probable cause to

believe that the credential holder has violated the law and that suspending the

credential is necessary to protect the public health, safety, or welfare. The board may

suspend the credential for no more than 30 days pending hearing, but may extend

the suspension for an additional 30 days while the hearing is in progress and, if the

credential holder has caused a delay in the hearing process, from the time the

hearing is commenced until a final decision is issued. In addition, the board may

designate any of the officers of the board to suspend a credential for a period of up

to 72 hours.

This bill provides that the board chair and two board members designated by

the chair or, if the board chair is unavailable, the board vice-chair and two board

members designated by the vice-chair, may exercise the authority to summarily

suspend a credential. The bill requires an order of summary suspension to be served

on the credential holder in the manner established for service of process. The bill

eliminates both the 30-day and 72-hour limitations imposed under current law on

a summary suspension. Instead, under the bill, the order of summary suspension

remains in effect until the effective date of a final decision and order granted in a

disciplinary hearing against the credential holder or until the order of summary

suspension is discontinued by the board following a hearing to show cause.

The bill requires the board to issue a notice of hearing commencing a

disciplinary proceeding against the credential holder no more than ten days after the

order of summary suspension has been issued. The bill also requires the board to

notify the credential holder that he or she may request a hearing to show cause. If

a hearing to show cause is requested, the board must schedule the hearing on a date

within 20 days of the board's receipt of the request.

Duty to report

This bill requires a person licensed by the board as a physician to promptly

submit a written report to the board when the person has reason to believe any of the

following about another physician licensed by the board:

1. The other physician is engaged in acts that constitute a pattern of

unprofessional conduct.

2. The other physician is engaged in an act that creates an immediate or

continuing danger to one or more patients or to the public.