RÉSUMÉ DIGEST
ACT 441 (HB 843) 2015 Regular Session Hazel
Prior law provided that three members of the La. State Board of Medical Examiners
(LSBME) constitute a quorum for all purposes including the holding of examinations, the
granting of licenses and permits, rulemaking and, except as provided in prior law, the
adjudication functions of the LSBME.
New law increases the quorum to four.
Existing law authorizes the LSBME to refuse to issue any license or permit, suspend or
revoke any license or permit, or impose probationary or other restrictions on any license or
permit for certain causes.
New law clarifies the following causes: professional incompetency, medical incompetency,
and unprofessional conduct.
New law authorizes any staff member of the LSBME, except the executive director, to act
as the lead investigator for any complaint regarding a physician received by the board or any
investigation regarding a physician initiated by the board upon its own motion.
New law requires the LSBME to adopt rules to provide for the investigation of complaints
against physicians and adjudication of alleged violations by physicians. Further requires the
rules to satisfy the minimum due process requirements of the Constitution of Louisiana and
the Constitution of the United States of America and to address certain issues such as notice,
discovery, and hearing procedure.
New law requires the LSBME to adopt the rules required by new law no later than Jan. 1,
2016. Further requires the board to report monthly on the progress of the promulgation of
the required rules to the House and Senate committees on health and welfare.
New law requires notice, including a brief summary of the facts constituting the alleged
violation, to be given to any physician who is the subject of an investigation by the LSBME
within five business days after the board's investigation is approved by a majority vote of
board members present and voting.
New law requires any final decision of the board to be supported by a preponderance of the
evidence presented at the adjudicatory hearing.
New law shall have prospective application only and shall not apply to any investigation
pending on the effective date of new law.
Effective upon signature by governor (July 1, 2015).
(Amends R.S. 37:1267 and 1285(A)(12)-(14); Adds R.S. 37:1285.2)