7038 - Fair hearing policy

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7038 - Fair hearing policy Powered By Docstoc
					    SUBJECT:     FAIR HEARING POLICY                                     REFERENCE #7038
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GROUNDS FOR A HEARING:

      Except as otherwise specified in the medical staff bylaws, any one (1) or more of the
       following recommended actions made by a peer review body after informal investigatory
       activity or pre-hearing meetings shall constitute grounds for a hearing:

              A physician’s, psychologist’s or other allied health practitioner’s (“practitioner”)
               application for staff privileges is denied or rejected for a medical disciplinary cause
               or reason, or

              A practitioner’s participation in the medical staff of _________________ is
               terminated for a medical disciplinary cause or reason, or

              Restrictions on participation in the medical staff of ________________ are imposed
               or voluntarily accepted by a practitioner for a cumulative total of 30 days or more for
               any 12 month period, for a medical disciplinary cause or reason.

      For purposes of this procedure, “medical disciplinary cause or reason” shall mean that
       aspect of the practitioner’s competence or professional conduct which is reasonably likely
       to be detrimental for patient safety or the delivery of patient care.

EXHAUSTION OF REMEDIES:

If any of the above actions are recommended, the practitioner shall exhaust the remedies
afforded by this procedure before resorting to any legal action.

NOTICE OF ACTION OR PROPOSED ACTION:

      The committee shall notify the practitioner, in writing, within 15 days after recommending
       an action. This notification shall be sent by certified mail, return receipt requested and
       shall inform the practitioner of the following:

              The proposed action,

              That such proposed action, if adopted by the Governing Body of
               __________________ (“Board”), shall be reported to the appropriate professional
               licensing board,

              That the practitioner has the right to request a hearing within 10 days from the date
               she/he received Notice 1,
    SUBJECT:     FAIR HEARING POLICY                                     REFERENCE #7038
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              That the request shall be in writing and sent by certified mail, return receipt
               requested, to the Chief Executive Officer, the Chairperson of the Committee and the
               Chief of Medical Staff, and

              In the event the practitioner does not request a hearing within the time and manner
               previously described, the practitioner shall be deemed to have waived any right to a
               hearing and accepted the proposed action.

NOTICE OF TIME AND PLACE OF HEARING:

      If a hearing is requested, the committee shall notify the practitioner, in writing, of the basis
       for the proposed action, including the acts or omissions with which the practitioner is
       charged. This notice shall be sent no later than 15 days following the date the committee
       received the practitioner’s request for a hearing. Notice shall also contain the time, date
       and location of the hearing. The hearing shall be held as soon as arrangements can be
       reasonably made, but in no event shall exceed 60 days from the date of receipt of the
       request for a hearing.

      Failure (without good cause) of the practitioner to personally attend the hearing and
       proceed in an efficient and orderly manner shall be deemed to constitute a voluntary
       acceptance of the proposed action.

IMMEDIATE TERMINATION OF PARTICIPATION IN THE MEDICAL STAFF:

Notwithstanding anything to the contrary contained in this procedure, the committee, upon its sole
and absolute discretion, may immediately terminate a practitioner’s participation in the medical
staff of __________________ where the failure to do so may result in imminent danger to the
health or safety of any individual, provided that the practitioner is subsequently provided with the
notice and hearing rights as set forth in this procedure.

PRE-HEARING PROCEDURE:

      Selecting the Judicial Review Committee (“Panel”):

              When a hearing is requested, the Board shall appoint a Judicial Review Committee
               (“panel”) which shall be composed of not less than three (3) nor more than five (5)
               unbiased participating providers who shall gain no direct financial benefit from the
               outcome and who have not acted as an accuser, investigator, fact finder or initial
               decision maker in the same matter. Knowledge of the matter shall not preclude a
    SUBJECT:     FAIR HEARING POLICY                                    REFERENCE #7038
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               participating practitioner from serving on the panel. When possible, the panel shall
               include at least one (1) practitioner practicing in the same specialty as the
               practitioner.

      Selecting the Hearing Officer:

              The Board shall appoint a Hearing Officer to preside at the hearing. The Hearing
               Officer shall be an attorney-at-law qualified to preside over a quasi-judicial hearing.
               The Hearing Officer shall not be an attorney regularly utilized by the organization.
               The Hearing Officer shall gain no direct financial benefit from outcome and shall not
               act as a prosecuting officer or advocate. The Hearing Officer shall endeavor to
               assure that all participants in the hearing have a reasonable opportunity to be heard
               and to present oral and documentary evidence in an efficient and expeditious
               manner. The Hearing Officer shall not be entitled to vote. The cost of the Hearing
               Officer shall be borne equally by the organization and the practitioner.

      Questioning Panel Members:

              Both the committee and the practitioner shall be entitled to the right to have a
               reasonable opportunity to question and challenge the impartiality of panel members
               and the Hearing Officer. Challenges to the impartiality of panel members or the
               Hearing Officer shall be ruled on by the Hearing Officer.

      Review and Inspection of Documents:

              The practitioner shall have the right to inspect and copy, at the practitioner’s
               expense, any documentary information relevant to the proposed action which the
               committee has in its possession or under its control as soon as practicable after
               requesting the hearing. The failure of the committee to provide the practitioner with
               access to this information at least 30 days prior to the hearing shall constitute good
               cause for a continuance.

              The committee shall have the right to inspect and copy at its expense 
				
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