2016 Regular Session ENROLLED
SENATE BILL NO. 429
BY SENATOR BARROW
1 AN ACT
2 To amend and reenact R.S. 37:1263 and to repeal R.S. 37:1264 and 1265, relative to the
3 board of medical examiners; to provide for membership; to provide for
4 qualifications; to provide for an appointment process; to provide for removal; to
5 provide for terms; to provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1263 is hereby amended and reenacted to read as follows:
8 ยง1263. Louisiana State Board of Medical Examiners; membership; qualifications;
9 appointment; removal; terms
10 A. The Louisiana State Board of Medical Examiners is hereby created within
11 the Department of Health and Hospitals and is subject to the provisions of R.S.
12 36:803.
13 B.(1) Until January 1, 2000, the board shall consist of seven members, all
14 appointed by the governor from lists of names submitted by the Louisiana State
15 Medical Society and the Louisiana Medical Association. At least one of the members
16 appointed to the board shall be a physician practicing in a parish or municipality with
17 a population of less than twenty thousand people, and at least one member shall be
18 appointed from the list submitted by the Louisiana Medical Association.
19 (2) Beginning on January 1, 2000, January 1, 2017, the board shall consist
20 of seven voting members, all appointed by the governor and subject to Senate
21 confirmation as follows:
22 (a) Four (1) Two members from a list of names submitted by the Louisiana
23 State Medical Society. One of the members so appointed shall practice in a parish
24 or municipality with a population of less than twenty thousand people.
25 (2) One member from a list of names submitted by the Louisiana State
ACT No. 584
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1 University Health Sciences Center at New Orleans and the Louisiana State
2 University Health Sciences Center at Shreveport.
3 (3) One member from a list of names submitted by the Tulane Medical
4 School.
5 (b) (4) Two members from a list submitted by the Louisiana Medical
6 Association.
7 (c) (5) One member from a list submitted by the Louisiana Academy of
8 Family Practice Physicians.
9 C. All voting members of the board shall be graduate physicians or surgeons
10 and practitioners. Each physician member of the board shall at the time of
11 appointment:
12 (1) Be a resident of this state for not less than six months.
13 (2) Be currently licensed and in good standing to engage in the practice
14 of medicine in this state.
15 (3) Be actively engaged in the practice of medicine in this state.
16 (4) Have five years of experience in the practice of medicine in this state
17 after licensure.
18 (5) Have not been convicted of a felony.
19 (6) Have not been placed on probation by the board.
20 D.(1) The governor shall appoint the members of the board in
21 accordance with other provisions of this Section and the state constitution.
22 (2) When a vacancy occurs in the membership of the board for any
23 reason, including expiration of term, removal, resignation, death, disability, or
24 disqualification, the vacancy shall be filled in the same manner as the original
25 appointment.
26 (3) Each member of the board appointed to fill a vacancy occurring by
27 death, resignation, inability to act, or other cause, shall serve for the remainder
28 of the term of his predecessor.
29 E.(1) A board member may be removed upon one or more of the
30 following grounds:
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1 (a) The refusal or inability for any reason to perform his duties as a
2 member of the board in an efficient, responsible, and professional manner.
3 (b) The misuse of office to obtain personal, pecuniary, or material gain
4 or advantage for himself or another through such office.
5 (c) The violation of the laws governing the practice of medicine.
6 (2) Removal of a member of the board shall be in accordance with the
7 Administrative Procedure Act or other applicable laws.
8 (3) The governor may remove any member of the board for good cause.
9 F. Except as provided in Subsection D of this Section, members of the
10 board shall be appointed for a term of four years, beginning on July first of the
11 year in which the appointment is made.
12 Section 2. R.S. 37:1264 and 1265 are hereby repealed.
13 Section 3. This Act shall become effective on August 1, 2016; if vetoed by the
14 governor and subsequently approved by the legislature, this Act shall become effective on
15 August 1, 2016, or on the day following such approval by the legislature, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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words in boldface type and underscored are additions.