Introduced Version
House Bill 2996 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2996
(By Delegates Kessler, Burdiss, Guthrie and Martin)
[Introduced January 9, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-2B-1, §30-2B-2,
§30-2B-3 and §30-2B-4, all relating to establishing a Doctor's
Disciplinary Review Board to review the work and practice of
medical and osteopathic physicians who have five or more
lawsuits filed against them; designating membership on the
board; providing duties of the board; providing mandatory
reporting by hospitals and physicians; and, requiring the
board to propose legislative rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §30-2B-1, §30-2B-2,
§30-2B-3 and §30-2B-4, all to read as follows:
ARTICLE 2B. DOCTOR'S DISCIPLINARY REVIEW BOARD.
§30-2B-1. Creation of board; composition of board.
(a) There is hereby established the Doctor's Disciplinary
Review Board who shall review the work and practices of medical and
osteopathic physicians who have five or more malpractice suits
filed against them.
(b)
The current insurance advocate shall serve as chairman of
the board. The insurance advocate shall, in turn, appoint four
additional members as follows: Two persons who are licensed
medical or osteopathic physicians and two persons who are not
physicians. The board shall be funded from insurance revenues
generated and shall be disbursed indirectly and independently of
the commissioner.
§30-2B-2. Duties of the board.
(a) The board shall review records of any medical or
osteopathic physician who has been served with a minimum of five
civil complaints alleging medical malpractice. To this end, the
boards has authority to require any such physician to appear for
informal discussion concerning the civil complaints. The board
shall also be entitled to review all records they consider to be
relevant to their inquiry. Upon completion of review, the board
shall make a recommendation to the applicable licensing authority
whether a physician's license should be revoked or suspended or
whether disciplinary action is appropriate.
(b) The board is hereby authorized to engage in background
checks of any medical or osteopathic physician who applies for a license in this state and is hereby directed to do so upon the
submission of any such application directing special emphasis to
possible name changes.
(c) In the event the board recommends disciplinary action
against any physician and the applicable licensing authority
rejects such action and an additional complaint is made against the
subject physician after such licensing authority's rejection of the
recommendation, the Doctor's Disciplinary Review Board shall report
the matter to the Insurance Commissioner who shall be required to
take action leading to revocation or suspension of the subject
physician's license upon the occurrence of an additional complaint
being filed against the subject physician.
§30-2B-3. Hospitals and physicians required to report.
Any hospital, insurance company, licensed medical or
osteopathic physician in this state who is aware of a complaint or
pending lawsuit against any medical or osteopathic physician shall
be required to report
the existence thereof to the board upon
becoming aware of same: Provided, That a complainant shall be
required to file a complaint with the appropriate board prior to
filing a civil lawsuit.
§30-2B-4. Board to propose rules.
The board is hereby directed to propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code designed to fully implement the provisions of this article.
NOTE: The purpose of this bill is to
establish a Doctor's
Disciplinary Review Board to review the work and practice of
medical and osteopathic physicians who have five or more lawsuits
filed against them.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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