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Regular Session, 2013
HOUSE BILL NO. 273
BY REPRESENTATIVE LORUSSO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BOARDS/COMMISSIONS: Provides relative to reports, records, and adjudicatory
functions of the La. State Board of Medical Examiners
AN ACT1
To amend and reenact R.S. 37:1267, 1278(B), 1283, 1285(E) through (I), and 1285.1(B) and2
(D) and to enact R.S. 37:1285(J) and 1285.1(E), relative to the Louisiana State Board3
of Medical Examiners; to provide relative to a quorum of the board; to provide for4
conditions pursuant to which the board may take official action; to provide for5
written records of certain decisions of the board; to provide for reports; to except6
certain records of the board from designation as public records; to provide for7
dispensation of certain records; to provide for informal dispositions of adjudication;8
to provide relative to hearing panels for adjudicatory functions of the board; and to9
provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:1267, 1278(B), 1283, 1285(E) through (I), and 1285.1(B) and (D)12
are hereby amended and reenacted and R.S. 37:1285(J) and 1285.1(E) are hereby enacted13
to read as follows:14
§1267. Quorum15
Three Four members of the board constitute a quorum for all purposes16
including the holding of examinations, the granting of licenses and permits,17
rulemaking and, except as provided in R.S. 37:1285.1, the adjudication functions of18 HLS 13RS-895 ORIGINAL
HB NO. 273
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the board. The board shall only act with the concurrence of a majority of board1
members, provided at least four board members participate and vote.2
* * *3
§1278. Application for or acceptance of license or permit; waiver of personal4
privileges5
* * *6
B. Any person applying for, accepting, or holding a license or permit to7
practice medicine in this state shall be deemed, notwithstanding any privilege of8
confidentiality, to have given his authorization and consent to the disclosure to the9
board, by any physician or other health care provider and by any health care10
institution, of any and all medical records and information pertaining to such person's11
diagnosis, evaluation, treatment, and prognosis for any physical or mental condition,12
disease, illness, deficiency, or infirmity, when the board is acting upon a written13
complaint and it has reasonable cause to believe that his fitness and ability to14
practice medicine with reasonable skill and safety may be impaired by mental illness15
or deficiency, or physical illness, including but not limited to deterioration through16
the aging process or the loss of motor skills, and/or excessive use or abuse of drugs,17
including alcohol; however, any records or information obtained by the board18
pursuant to this Section shall not constitute public records and shall be maintained19
in confidence by the board until and unless such records or information are admitted20
into the record of proceedings before the board pursuant to R.S. 37:1285. In the21
event a board decision is based upon a medical finding, the board may include such22
finding in the written decision.23
* * *24
§1283. Reports by board25
The board shall report annually to the governor and to the House and Senate26
committees on health and welfare upon the condition of the practice of medicine in27
the state, make recommendations for the improvement of the practice, and send a28 HLS 13RS-895 ORIGINAL
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record of the proceedings of the board during the year, together with the names of1
all physicians to whom the board issued licenses during the year.2
* * *3
§1285. Causes for nonissuance; suspension; revocation; or the imposition of4
restrictions; fines; reinstatement; publication of action; stays5
* * *6
E. The board's final decision in an adjudication proceeding under this7
Section, other than by consent order, agreement, or other informal disposition, shall8
constitute a public record, and the board may disclose and provide such final9
decision to any person, firm, or corporation, or to the public generally. A public10
report of a final decision by the board shall only include a statement of the basis and11
reasons for the decision. Any other parts of the record other than those which are12
disclosed in a public report of the final decision shall not constitute a public record13
unless the physician seeks judicial review of the board adjudication. The board's14
disposition of an adjudication proceeding by consent order shall not constitute a15
public record, but the board shall have authority and discretion to disclose such16
disposition.17
F. No informal disposition of adjudication by the board shall constitute a18
public record; however, the board shall have the authority to report the disposition19
to the National Practitioner Data Bank if notification of such disposition is required20
by federal law. Before entering into any informal disposition with a physician, the21
board shall ensure that the physician fully understands all terms and conditions22
required by the informal disposition.23
G. No judicial order staying or enjoining the effectiveness or enforcement24
of a final decision or order of the board in an adjudication proceeding, whether25
issued pursuant to R.S. 49:964(C) or otherwise, shall be effective, or be issued to be26
effective beyond the earlier of:27
(1) One hundred twenty days from the date on which the board's decision or28
order was rendered.29 HLS 13RS-895 ORIGINAL
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(2) The date on which the court enters judgment in a proceeding for judicial1
review of the board's decision or order pursuant to R.S. 49:964.2
G. H. Notwithstanding any other law to the contrary, no judicial order3
staying, enjoining, or continuing an adjudication proceeding before, or a preliminary,4
procedural, or intermediate decision, ruling, order, or action of, the board shall be5
effective or issued to be effective, whether pursuant to R.S. 49:964 or otherwise,6
prior to the exhaustion of all administrative remedies and issuance of a final decision7
or order by the board.8
H. I. No order staying or enjoining a final decision or order of the board shall9
be issued unless the district court finds that the applicant or petitioner has established10
that the issuance of the stay does not do either of the following:11
(1) Threaten harm to other interested parties, including individuals for whom12
the applicant or petitioner may render medical services ; or .13
(2) Constitute a threat to the health, safety, and welfare of the citizens of this14
state.15
I. J. No stay of a final decision or order of the board shall be granted ex16
parte. The court shall schedule a hearing on a request for a stay order within ten days17
from filing of the request. The court's decision to either grant or deny the stay order18
shall be rendered within five days after the conclusion of the hearing.19
§1285.1. Hearing panels20
* * *21
B. At the direction of the board, a hearing panel, consisting of one two or22
more board members and totaling less than a quorum, may hear the charges and23
submit written findings, conclusions, and recommendations to the board to consider24
in arriving at its decision.; however, in no case shall a hearing panel be convened if25
more than one year has elapsed since the date the initial administrative complaint26
was lodged with the board.27
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D. The decision of a majority of a quorum shall be adopted as the final1
decision of the board. The board shall only adopt a final decision with the2
concurrence of a majority of the board members, provided at least four board3
members participate and vote. A member of the board who serves on a hearing panel4
shall not participate in the board's deliberations or final decision with respect to the5
subject matter of such panel, nor shall said member be considered in determining a6
quorum for a vote on the final decision of the board.; however, in no case shall more7
than one year elapse from the date an administrative complaint is filed to when a8
final decision is rendered by the board.9
E. The board shall destroy all records and other evidence of the existence of10
complaints terminated by dismissals after five years from the date of the dismissal.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lorusso HB No. 273
Abstract: Provides relative to reports, records, and adjudicatory functions of the La. State
Board of Medical Examiners.
Present law creates the La. State Board of Medical Examiners (board) and authorizes this
body to regulate the practice of medicine in the state. Proposed law retains present law and
revises or adds to various provisions addressing reports, records, and adjudicatory functions
of the board.
Present law requires the board to submit an annual report to the governor on the condition
of the practice of medicine in the state which includes recommendations for the
improvement of the practice, a record of the proceedings of the board during the year, and
the names of all physicians to whom the board issued licenses during the year. Proposed law
retains present law and adds the legislative committees on health and welfare as entities to
which the board shall also provide the annual report.
Proposed law changes the number of members which constitutes a quorum of the board from
three to four. HLS 13RS-895 ORIGINAL
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Proposed law provides that the board shall only act with the concurrence of a majority of
board members, provided at least four board members participate and vote.
Proposed law provides that in the event a board decision concerning the fitness of a person
to practice medicine is based upon a medical finding, the board may include the finding in
the written decision.
Proposed law stipulates that a public report of a final decision by the board shall only include
a statement of the basis and reasons for the decision. Further provides that any other parts
of the record other than those which are disclosed in a public report of the final decision
shall not constitute a public record unless the physician seeks judicial review of the board
adjudication.
Proposed law provides that no informal disposition of adjudication by the board shall
constitute a public record, but that the board may report the disposition to the National
Practitioner Data Bank if required by federal law. Further provides that before entering into
any informal disposition with a physician, the board shall ensure that the physician fully
understands all terms and conditions required by the informal disposition.
Present law provides that at the direction of the board, a hearing panel consisting of one or
more board members and totaling less than a quorum may hear charges and submit written
findings, conclusions, and recommendations to the board to consider in arriving at its
decision. Proposed law makes the following changes relative to hearing panels:
(1)Changes the number of board members which may comprise a hearing panel from
one or more to two or more.
(2)Adds a prohibition on convening a hearing panel if more than one year has elapsed
since the date the initial administrative complaint was lodged with the board.
(3)Deletes provision stipulating that pursuant to consideration of a hearing panel's
findings, the decision of a majority of a quorum shall be adopted as the final decision
of the board.
(4)Adds provision stipulating that pursuant to consideration of a hearing panel's
findings, the board shall only adopt a final decision with the concurrence of a
majority of the board members, provided at least four board members participate and
vote.
Proposed law stipulates that in no case shall more than one year elapse from the date an
administrative complaint is filed to when a final decision is rendered by the board.
Proposed law requires the board to destroy all records and other evidence of the existence
of complaints terminated by dismissals after five years from the date of the dismissal.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1267, 1278(B), 1283, 1285(E)-(I), and 1285.1(B) and (D); Adds R.S.
37:1285(J) and 1285.1(E))