Duties of physicians and of the Medical Examining Board and requiring the exercise of rule-making authority

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.

3. The other physician is or may be medically incompetent.

4. The other physician is or may be mentally or physically unable to engage in the practice of medicine or surgery.

The bill provides that a physician who complies in good faith with the duty to report may not be held civilly or criminally liable or be found guilty of unprofessional conduct.

Definition of "unprofessional conduct" Current law governing persons regulated by the board defines "unprofessional conduct" as those acts or attempted acts of commission or omission defined as unprofessional conduct by the board by rule and any act by a physician or physician assistant in violation of the law governing the prescriptive authority of the physician or physician assistant. This bill modifies the definition of "unprofessional conduct" to include failure on the part of a physician to comply with the duty to report as required under the bill.

Biennial training requirement Current law requires each person licensed or certified by the board to, by November 1 of each odd-numbered year, register with the board. As a condition of registration, each physician must submit proof of attendance at and completion within the preceding two calendar years of continuing education programs or courses of study approved by the board. The board may waive the requirement if it finds that exceptional circumstances have prevented the physician from meeting the requirement.

This bill requires a physician to complete professional development and maintenance of certification or performance improvement or continuing medical education programs or courses of study required by the board by rule, and to include proof of attendance at and completion of these additional programs or courses of study in the biennial application for registration with the board. The board may waive this new requirement if it finds that exceptional circumstances have prevented the physician from meeting the requirement.

Temporary educational permit to practice medicine and surgery Currently, the board may grant a temporary educational permit (TEP) to practice medicine and surgery to a person who has graduated and possesses a diploma from a medical or osteopathic college approved by the board and has completed postgraduate training of 12 months in a facility approved by the board.

The board may also grant a TEP to a graduate of a foreign medical school which has not been approved by the board if the graduate of a foreign medical school has had postgraduate training in this country in a 12-month program approved by the board or has had other professional experience suitable to the board, has passed the examinations given by the educational council for foreign medical graduates or its successors, and meets other conditions established by the board.

A person who holds a TEP may take postgraduate educational training in a facility approved by the board, perform services under the direction of a person licensed to practice medicine and surgery, and prescribe drugs other than narcotics.

This bill eliminates the prohibition on prescribing narcotics for a person holding a TEP.