HLS 16RS-2146 ORIGINAL
2016 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 134
BY REPRESENTATIVE JACKSON
BOARDS/COMMISSIONS: Directs the Louisiana State Board of Medical Examiners to
study and make recommendations concerning a potential tiered approach for placing
physicians on probation and a best practice for the reporting of the probationary
status of a physician to patients
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Board of Medical Examiners to study and make
3 recommendations concerning a potential tiered approach for placing physicians on
4 probation and a best practice for the reporting of the probationary status of a
5 physician to patients.
6 WHEREAS, the physician-patient relationship is one in which the patient places an
7enormous amount of trust in the physician; and
8 WHEREAS, when prospective patients want to obtain information on a physician's
9record or bedside manner, they may seek out internet sites that offer patient reviews and
10ratings which do not include a physician's record with state medical boards or which may
11be hard to navigate or even misleading; and
12 WHEREAS, a recent report from Consumer Reports shows that patients want to
13know if their physician is on disciplinary probation; and
14 WHEREAS, the survey results indicated that eighty-two percent of American
15consumers would want to know if their physician was on probation as well as the basis for
16the probation; and
17 WHEREAS, the Louisiana State Board of Medical Examiners, hereinafter referred
18to as the "board", is the authority responsible for protecting the public by granting licenses
19only to qualified individuals and ensuring that disciplinary and competency standards are
20upheld; and
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HCR NO. 134
1 WHEREAS, the ongoing duty of the board goes far beyond the licensing of
2physicians; and
3 WHEREAS, the board also has the responsibility of determining when a physician’s
4professional conduct or ability to practice medicine warrants modification, suspension, or
5revocation of a license to practice medicine; and
6 WHEREAS, by following up on complaints and disciplining physicians when
7appropriate, the board will ensure the public's trust in the basic standards of competence and
8ethical behavior in their physicians; and
9 WHEREAS, when the board receives a complaint about a physician, the board has
10the power to investigate, hold hearings, and impose discipline, including probation,
11suspension, or revocation of a physician’s license, public reprimands, and fines; and
12 WHEREAS, the board may place restrictions on a physician’s license or put a
13physician on probation to protect the public while a physician receives special training or
14rehabilitation aimed at an existing issue; and
15 WHEREAS, probation is a disciplinary action taken by the board that extends over
16a specified period of time during which the physician is monitored periodically by the board
17to assure compliance with the terms and conditions established in the board’s order; and
18 WHEREAS, physicians may be placed on probation for a variety of reasons ranging
19from mild violations for failure to file paperwork to more serious violations such as their
20own addiction problems, overprescribing controlled substances, or even medical negligence;
21and
22 WHEREAS, if a licensee has ever been the subject of disciplinary action by the
23board, the type of discipline and current status will be noted on the verification page of the
24medical board's website; and
25 WHEREAS, if a patient checks a physician's history on the board's website, it is
26difficult for the patient to determine the severity of the underlying violation which led to the
27probation which may cause undue concern for the patient.
28 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
29authorize and direct the Louisiana State Board of Medical Examiners to study and make
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HCR NO. 134
1recommendations concerning a potential tiered approach for placing physicians on probation
2and a best practice for the reporting of the probationary status of a physician to patients.
3 BE IT FURTHER RESOLVED, the board shall report its findings and
4recommendations to the legislature no later than sixty days prior to the 2017 Regular Session
5of the Legislature of Louisiana.
6 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to
7executive director of the Louisiana State Board of Medical Examiners.
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)]
HCR 134 Original 2016 Regular Session Jackson
Directs the La. State Board of Medical Examiners to study and make recommendations
concerning a potential tiered approach for placing physicians on probation and a best
practice for the reporting of the probationary status of a physician to patients.
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