HLS 14RS-2817 ORIGINAL
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 178
BY REPRESENTATIVE HUNTER
PHYSICIANS: Requests the Department of Health and Hospitals to study the desirability
of a prospective state policy on the practice of medicine by late-career practitioners
A CONCURRENT RESOLUTI ON1
To urge and request the Department of Health and Hospitals to study the desirability of a2
prospective state policy on the practice of medicine by late-career practitioners.3
WHEREAS, a fifth of the nation's physicians are over sixty-five and that proportion4
is expected to rise; and5
WHEREAS, due to the recent economic downturn, as doctors in the baby boom6
generation reach sixty-five, some of those doctors may face increasing financial pressures7
that make them reluctant to retire; and8
WHEREAS, many doctors retain their skills and sharpness of mind into their9
seventies and beyond; however, some may be affected by dementia, Parkinson's disease,10
stroke, and other ills commonly associated with aging; and11
WHEREAS, an age-related complication may not be addressed until a state medical12
board has found it necessary to discipline an aging physician; and13
WHEREAS, a 2005 study published in the American Journal of Medicine found that14
the rate of disciplinary action was over six percent for doctors out of medical school for at15
least forty years, compared with approximately one percent for those out only ten years; and16
WHEREAS, in 2006, a study published in the Annals of Surgery found that in17
complicated operations, patients' mortality rates were higher when the surgeon was sixty or18
older, though there was no difference between younger and older doctors in routine19
operations; and20 HLS 14RS-2817 ORIGINAL
HCR NO. 178
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WHEREAS, in a policy statement posted online in June 2009, the American College1
of Emergency Physicians observed that thirty percent of its membership was aged fifty years2
or older and urged the adoption of appropriate workload modifications, including3
minimizing rotating shifts, moving older physicians off nightshifts, scheduling additional4
recovery time after nightshifts, shortening shifts to eight to ten hours or less, and5
encouraging physicians to transition from clinical to administrative work; and6
WHEREAS, it may be necessary for both patient safety and physician well-being to7
establish a state policy regarding limits on the practice of medicine by late-career8
practioners; and9
WHEREAS, the policy may include a mandatory retirement age for physicians,10
periodic recertification requirements, or a process by which late-career physicians'11
performance and capacities can be fairly and accurately evaluated; and12
WHEREAS, such an evaluation may include a peer assessment of the practitioner's13
clinical performance, a comprehensive history and physical exam, a cognitive screening, or14
any combination of these.15
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby16
urge and request the Department of Health and Hospitals to study the desirability of a17
prospective state policy regarding the practice of medicine by late-career practitioners.18
BE IT FURTHER RESOLVED that in conducting the study, the department shall19
solicit the input, recommendations, and advice of the Louisiana State Board of Medical20
Examiners and the Louisiana State Medical Society, and any other group or organization21
with an interest in the practice of medicine by late-career practitioners.22
BE IT FURTHER RESOLVED that the department shall submit a written report of23
its findings and conclusions, including any recommendations for legislation relative to the24
issue, to the House and Senate committees on health and welfare and each member of the25
legislature on or before December 31, 2014.26
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the27
secretary of the Department of Health and Hospitals.28 HLS 14RS-2817 ORIGINAL
HCR NO. 178
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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)]
Hunter HCR No. 178
Requests the Dept. of Health and Hospitals to study the desirability of a prospective state
policy on the practice of medicine by late-career practitioners and report its findings to the
Legislature by Dec. 31, 2014.