ENROLLED
2016 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 134
BY REPRESENTATIVE JACKSON
A CONCURRENT RESOL UTION
To urge and request 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.
WHEREAS, the physician-patient relationship is one in which the patient places an
enormous amount of trust in the physician; and
WHEREAS, when prospective patients want to obtain information on a physician's
record or bedside manner, they may seek out internet sites that offer patient reviews and
ratings which do not include a physician's record with state medical boards or which may
be hard to navigate or even misleading; and
WHEREAS, a recent report from Consumer Reports shows that patients want to
know if their physician is on disciplinary probation; and
WHEREAS, the survey results indicated that eighty-two percent of American
consumers would want to know if their physician was on probation as well as the basis for
the probation; and
WHEREAS, the Louisiana State Board of Medical Examiners, hereinafter referred
to as the "board", is the authority responsible for protecting the public by granting licenses
only to qualified individuals and ensuring that disciplinary and competency standards are
upheld; and
WHEREAS, the ongoing duty of the board goes far beyond the licensing of
physicians; and
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WHEREAS, the board also has the responsibility of determining when a physician's
professional conduct or ability to practice medicine warrants modification, suspension, or
revocation of a license to practice medicine; and
WHEREAS, by following up on complaints and disciplining physicians when
appropriate, the board will ensure the public's trust in the basic standards of competence and
ethical behavior in their physicians; and
WHEREAS, when the board receives a complaint about a physician, the board has
the power to investigate, hold hearings, and impose discipline, including probation,
suspension, or revocation of a physician's license, public reprimands, and fines; and
WHEREAS, the board may place restrictions on a physician's license or put a
physician on probation to protect the public while a physician receives special training or
rehabilitation aimed at an existing issue; and
WHEREAS, probation is a disciplinary action taken by the board that extends over
a specified period of time during which the physician is monitored periodically by the board
to assure compliance with the terms and conditions established in the board's order; and
WHEREAS, physicians may be placed on probation for a variety of reasons ranging
from mild violations for failure to file paperwork to more serious violations such as their
own addiction problems, overprescribing controlled substances, or even medical negligence;
and
WHEREAS, if a licensee has ever been the subject of disciplinary action by the
board, the type of discipline and current status will be noted on the verification page of the
medical board's website; and
WHEREAS, if a patient checks a physician's history on the board's website, it is
difficult for the patient to determine the severity of the underlying violation which led to the
probation which may cause undue concern for the patient.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request 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.
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BE IT FURTHER RESOLVED, the board shall report its findings and
recommendations to the legislature no later than sixty days prior to the 2017 Regular Session
of the Legislature of Louisiana.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to
executive director of the Louisiana State Board of Medical Examiners.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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