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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, and 1285.1(B) and (D) and to enact2
R.S. 37:1285.1(E), relative to the Louisiana State Board of Medical Examiners; to3
provide relative to a quorum of the board; to provide for conditions pursuant to4
which the board may take official action; to provide for written records of certain5
decisions of the board; to provide for reports; to except certain records of the board6
from designation as public records; to provide for dispensation of certain records; to7
provide for informal dispositions of adjudication; to provide relative to hearing8
panels for adjudicatory functions of the board; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:1267, 1278(B), 1283, and 1285.1(B) and (D) are hereby amended11
and reenacted and R.S. 37:1285.1(E) is hereby enacted to read as follows:12
§1267. Quorum13
Three Four members of the board constitute a quorum for all purposes14
including the holding of examinations, the granting of licenses and permits,15
rulemaking and, except as provided in R.S. 37:1285.1, the adjudication functions of16
the board. The board shall act only with the concurrence of a majority of board17
members present and voting, provided at least four board members participate and18
vote.19
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§1278. Application for or acceptance of license or permit; waiver of personal1
privileges2
* * *3
B. Any person applying for, accepting, or holding a license or permit to4
practice medicine in this state shall be deemed, notwithstanding any privilege of5
confidentiality, to have given his authorization and consent to the disclosure to the6
board, by any physician or other health care provider and by any health care7
institution, of any and all medical records and information pertaining to such person's8
diagnosis, evaluation, treatment, and prognosis for any physical or mental condition,9
disease, illness, deficiency, or infirmity, when the board is acting upon a written10
complaint and it has reasonable cause to believe that his fitness and ability to11
practice medicine with reasonable skill and safety may be impaired by mental illness12
or deficiency, or physical illness, including but not limited to deterioration through13
the aging process or the loss of motor skills, and/or excessive use or abuse of drugs,14
including alcohol; however, any records or information obtained by the board15
pursuant to this Section shall not constitute public records and shall be maintained16
in confidence by the board until and unless such records or information are admitted17
into the record of proceedings before the board pursuant to R.S. 37:1285. However,18
during an adjudication proceeding the board may admit into the record of the19
proceeding any medical records or other information which may be necessary in20
order for the board to render a final decision, but such medical records or other21
information admitted into the record of the proceeding shall remain confidential and22
shall not constitute a public record.23
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§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 REENGROSSED
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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
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§1285.1. Hearing panels4
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B. At the direction of the board, a hearing panel, consisting of one two or6
more board members and totaling less than a quorum, may hear the charges and7
submit written findings, conclusions, and recommendations to the board to consider8
in arriving at its decision.9
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D. The decision of a majority of a quorum shall be adopted as the final11
decision of the board. The board shall adopt a final decision only with the12
concurrence of a majority of the board members present and voting, provided at least13
four board members participate and vote. A member of the board who serves on a14
hearing panel shall not participate in the board's deliberations or final decision with15
respect to the subject matter of such panel, nor shall said such member be considered16
in determining a quorum for a vote on the final decision of the board.17
E. The board shall destroy all records or other evidence of the existence of18
complaints upon which the board has not taken any formal or informal action after19
five years from the date the complaint was filed with the board.20
Section 2. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 13RS-895 REENGROSSED
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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. HLS 13RS-895 REENGROSSED
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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.