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.
Proposed law provides that the board shall act only with the concurrence of a majority of board
members present and voting, provided at least four board members participate and vote.
Proposed law authorizes the board to admit into the record of an adjudication proceeding any
medical records or other information which may be necessary in order for the board to render a
final decision, and stipulates that such medical records or other information admitted into the
proceeding's record shall remain confidential and not constitute a public record.
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)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. (3)Adds provision stipulating that pursuant to consideration of a hearing panel's findings, the
board shall adopt a final decision only with the concurrence of a majority of the board
members present and voting, provided at least four board members participate and vote. Proposed law requires the board to destroy all records or other evidence of the existence of
complaints upon which the board has not taken any formal or informal action after five years
from the date the complaint was filed with the board.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1267, 1278(B), 1283, and 1285.1(B) and (D); Adds R.S. 37:1285.1(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. In provisions of proposed law requiring concurrence of a majority of La. State Board
of Medical Examiners (board) members in order for the board to act, clarified that
such concurrence must be of a majority of board members present and voting.
2. Deleted provision of proposed law authorizing the board to include a medical finding
on which a decision concerning fitness of a person to practice medicine is based in the
written record of the decision. Added in lieu thereof a provision authorizing the
board to admit into the record of an adjudication proceeding any medical records or
other information which may be necessary in order for the board to render a final
decision, and stipulating that such medical records or other information admitted into
the record of the proceeding shall remain confidential and not constitute a public
record.
3. Deleted provisions of proposed law stipulating that a public report of a final decision
by the board shall only include a statement of the basis and reasons for the decision,
and 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.
4. Deleted provisions of proposed law stipulating that informal disposition of
adjudication by the board shall not constitute a public record, but that the board shall
have the authority to report the disposition to the National Practitioner Data Bank if
notification of such disposition is required by federal law.
5. Deleted provision of proposed law prohibiting a hearing panel of the board from
being convened concerning an administrative complaint if more than one year has
elapsed since the date the complaint was lodged with the board.
6. Deleted provision of proposed law stipulating 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. 7. Revised provision of proposed law relative to compulsory destruction of records to
require that the board destroy all records or other evidence of the existence of
complaints upon which the board has not taken any formal or informal action after
five years from the date the complaint was filed with the board.
House Floor Amendments to the engrossed bill.
1. Made technical changes.