Introduced Version
House Bill 2502 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2502
(By Delegates Hunt, Barill, Phillips, R., Tomblin,
Eldridge, Stowers, Hamilton, Perry, Poling, D., Ferro and Sobonya)
[Introduced February 15, 2013; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §30-3-14 of the Code of West Virginia,
1931, as amended; and to amend and reenact §30-14-11 of said
code, all relating to professional discipline of physicians,
podiatrists and osteopathic physicians and surgeons generally;
and including oral or written inquiry of a patient about
possession, ownership or storage of firearms as a reason for
invoking disciplinary proceedings.
Be it enacted by the Legislature of West Virginia:
That §30-3-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §30-14-11 of said code be
amended and reenacted, all to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-14. Professional discipline of physicians and podiatrists;
reporting of information to board pertaining to
medical professional liability and professional
incompetence required; penalties; grounds for license denial and discipline of physicians and podiatrists;
investigations; physical and mental examinations;
hearings; sanctions; summary sanctions; reporting by
the board; reapplication; civil and criminal
immunity; voluntary limitation of license; probable
cause determinations.
(a) The board may independently initiate disciplinary
proceedings as well as initiate disciplinary proceedings based on
information received from medical peer review committees,
physicians, podiatrists, hospital administrators, professional
societies and others.
The board may initiate investigations as to professional
incompetence or other reasons for which a licensed physician or
podiatrist may be adjudged unqualified based upon criminal
convictions, complaints by citizens, pharmacists, physicians,
podiatrists, peer review committees, hospital administrators,
professional societies or others or unfavorable outcomes arising
out of medical professional liability. The board shall initiate
an investigation if it receives notice that three or more
judgments, or any combination of judgments and settlements
resulting in five or more unfavorable outcomes arising from medical
professional liability, have been rendered or made against the
physician or podiatrist within a five-year period. The board may
not consider any judgments or settlements as conclusive evidence of professional incompetence or conclusive lack of qualification to
practice.
(b) Upon request of the board, any a medical peer review
committee in this state shall report any information that may
relate to the practice or performance of any a physician or
podiatrist known to that medical peer review committee. Copies of
the requests for information from a medical peer review committee
may be provided to the subject physician or podiatrist if, in the
discretion of the board, the provision of such copies will not
jeopardize the board's investigation. In the event that If copies
are provided, the subject physician or podiatrist is allowed
fifteen days to comment on the requested information and such
comments must be considered by the board.
The chief executive officer of every hospital shall, within
sixty days after the completion of the hospital's formal
disciplinary procedure and also within sixty days after the
commencement of and again after the conclusion of any resulting
legal action, report in writing to the board the name of any member
of the medical staff or any other physician or podiatrist
practicing in the hospital whose hospital privileges have been
revoked, restricted, reduced or terminated for any cause, including
resignation, together with all pertinent information relating to
such action. The chief executive officer shall also report any
other formal disciplinary action taken against any a physician or podiatrist by the hospital upon the recommendation of its medical
staff relating to professional ethics, medical incompetence,
medical professional liability, moral turpitude or drug or alcohol
abuse. Temporary suspension for failure to maintain records on a
timely basis or failure to attend staff or section meetings need
not be reported. Voluntary cessation of hospital privileges for
reasons unrelated to professional competence or ethics need not be
reported.
Any managed care organization operating in this state which
provides a formal peer review process shall report in writing to
the board, within sixty days after the completion of any formal
peer review process and also within sixty days after the
commencement of and again after the conclusion of any resulting
legal action, the name of any physician or podiatrist whose
credentialing has been revoked or not renewed by the managed care
organization. The managed care organization shall also report in
writing to the board any other disciplinary action taken against a
physician or podiatrist relating to professional ethics,
professional liability, moral turpitude or drug or alcohol abuse
within sixty days after completion of a formal peer review process
which results in the action taken by the managed care organization.
For purposes of this subsection, "managed care organization" means
a plan that establishes, operates or maintains a network of health
care providers who have entered into agreements with and been credentialed by the plan to provide health care services to
enrollees or insureds to whom the plan has the ultimate obligation
to arrange for the provision of or payment for health care services
through organizational arrangements for ongoing quality assurance,
utilization review programs or dispute resolutions.
Any professional society in this state comprised primarily of
physicians or podiatrists which takes formal disciplinary action
against a member relating to professional ethics, professional
incompetence, medical professional liability, moral turpitude or
drug or alcohol abuse shall report in writing to the board within
sixty days of a final decision the name of the member, together
with all pertinent information relating to the action.
Every person, partnership, corporation, association, insurance
company, professional society or other organization providing
professional liability insurance to a physician or podiatrist in
this state, including the state Board of Risk and Insurance
Management, shall submit to the board the following information
within thirty days from any a judgment or settlement of a civil or
medical professional liability action excepting product liability
actions:
(1) The name of the insured;
(2) The date of any judgment or settlement;
(3) Whether any an appeal has been taken on the judgment and,
if so, by which party;
(4) The amount of any settlement or judgment against the
insured; and
(5) Other information required by the board.
Within thirty days from the entry of an order by a court in a
medical professional liability action or other civil action in
which a physician or podiatrist licensed by the board is determined
to have rendered health care services below the applicable standard
of care, the clerk of the court in which the order was entered
shall forward a certified copy of the order to the board.
Within thirty days after a person known to be a physician or
podiatrist licensed or otherwise lawfully practicing medicine and
surgery or podiatry in this state or applying to be licensed is
convicted of a felony under the laws of this state or of any a
crime under the laws of this state involving alcohol or drugs, in
any way, including any a controlled substance under state or
federal law, the clerk of the court of record in which the
conviction was entered shall forward to the board a certified true
and correct abstract of record of the convicting court. The
abstract shall include the name and address of the physician or
podiatrist or applicant, the nature of the offense committed and
the final judgment and sentence of the court.
Upon a determination of the board that there is probable cause
to believe that any a person, partnership, corporation,
association, insurance company, professional society or other organization has failed or refused to make a report required by
this subsection, the board shall provide written notice to the
alleged violator stating the nature of the alleged violation and
the time and place at which the alleged violator shall appear to
show good cause why a civil penalty should not be imposed. The
hearing shall be conducted in accordance with the provisions of
article five, chapter twenty-nine-a of this code. After reviewing
the record of the hearing, if the board determines that a violation
of this subsection has occurred, the board shall assess a civil
penalty of not less than $1,000 nor more than $10,000 against the
violator. The board shall notify any person so assessed of the
assessment in writing and the notice shall specify the reasons for
the assessment. If the violator fails to pay the amount of the
assessment to the board within thirty days, the Attorney General
may institute a civil action in the circuit court of Kanawha County
to recover the amount of the assessment. In any a civil action,
the court's review of the board's action shall be conducted in
accordance with the provisions of section four, article five,
chapter twenty-nine-a of this code. Notwithstanding any other
provision of this article to the contrary, when there are
conflicting views by recognized experts as to whether any alleged
conduct breaches an applicable standard of care, the evidence must
be clear and convincing before the board may find that the
physician or podiatrist has demonstrated a lack of professional competence to practice with a reasonable degree of skill and safety
for patients.
Any person may report to the board relevant facts about the
conduct of any physician or podiatrist in this state which in the
opinion of that person amounts to medical professional liability or
professional incompetence.
The board shall provide forms for filing reports pursuant to
this section. Reports submitted in other forms shall be accepted
by the board.
The filing of a report with the board pursuant to any a
provision of this article, any an investigation by the board or any
a disposition of a case by the board does not preclude any an
action by a hospital, other health care facility or professional
society comprised primarily of physicians or podiatrists to
suspend, restrict or revoke the privileges or membership of the
physician or podiatrist.
(c) The board may deny an application for license or other
authorization to practice medicine and surgery or podiatry in this
state and may discipline a physician or podiatrist licensed or
otherwise lawfully practicing in this state who, after a hearing,
has been adjudged by the board as unqualified due to any of the
following reasons:
(1) Attempting to obtain, obtaining, renewing or attempting to
renew a license to practice medicine and surgery or podiatry by bribery, fraudulent misrepresentation or through known error of the
board;
(2) Being found guilty of a crime felony in any jurisdiction
which offense is a felony, involves moral turpitude or directly
relates to the practice of medicine. Any A plea of nolo contendere
is a conviction for the purposes of this subdivision;
(3) False or deceptive advertising;
(4) Aiding, assisting, procuring or advising any an
unauthorized person to practice medicine and surgery or podiatry
contrary to law;
(5) Making or filing a report that the person knows to be
false; intentionally or negligently failing to file a report or
record required by state or federal law; willfully impeding or
obstructing the filing of a report or record required by state or
federal law; or inducing another person to do any of the foregoing.
The reports and records covered in this subdivision mean only those
that are signed in the capacity as a licensed physician or
podiatrist;
(6) Requesting, receiving or paying directly or indirectly a
payment, rebate, refund, commission, credit or other form of profit
or valuable consideration for the referral of patients to any a
person or entity in connection with providing medical or other
health care services or clinical laboratory services, supplies of
any kind, drugs, medication or any other medical goods, services or devices used in connection with medical or other health care
services;
(7) Unprofessional conduct by any a physician or podiatrist in
referring a patient to any a clinical laboratory or pharmacy in
which the physician or podiatrist has a proprietary interest unless
the physician or podiatrist discloses in writing such interest to
the patient. The written disclosure shall indicate that the
patient may choose any clinical laboratory for purposes of having
any laboratory work or assignment performed or any pharmacy for
purposes of purchasing any prescribed drug or any other medical
goods or devices used in connection with medical or other health
care services;
As used in this subdivision, "proprietary interest" does not
include an ownership interest in a building in which space is
leased to a clinical laboratory or pharmacy at the prevailing rate
under a lease arrangement that is not conditional upon the income
or gross receipts of the clinical laboratory or pharmacy;
(8) Exercising influence within a patient-physician
relationship for the purpose of engaging a patient in sexual
activity;
(9) Making a deceptive, untrue or fraudulent representation in
the practice of medicine and surgery or podiatry;
(10) Soliciting patients, either personally or by an agent,
through the use of fraud, intimidation or undue influence;
(11) Failing to keep written records justifying the course of
treatment of a patient including, but not limited to, patient
histories, examination and test results and treatment rendered, if
any;
(12) Exercising influence on a patient in such a way as to
exploit the patient for financial gain of the physician or
podiatrist or of a third party. Any influence includes, but is not
limited to, the promotion or sale of services, goods, appliances or
drugs;
(13) Prescribing, dispensing, administering, mixing or
otherwise preparing a prescription drug, including any controlled
substance under state or federal law, other than in good faith and
in a therapeutic manner in accordance with accepted medical
standards and in the course of the physician's or podiatrist's
professional practice. Provided, That A physician who discharges
his or her professional obligation to relieve the pain and
suffering and promote the dignity and autonomy of dying patients in
his or her care and, in so doing, exceeds the average dosage of a
pain relieving controlled substance, as defined in Schedules II and
III of the Uniform Controlled Substance Act, does not violate this
article;
(14) Performing any a procedure or prescribing any a therapy
that, by the accepted standards of medical practice in the
community, would constitute experimentation on human subjects without first obtaining full, informed and written consent;
(15) Practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities that the person knows or has reason to know he or
she is not competent to perform;
(16) Delegating professional responsibilities to a person when
the physician or podiatrist delegating the responsibilities knows
or has reason to know that the person is not qualified by training,
experience or licensure to perform them;
(17) Violating any provision of this article or a rule or
order of the board or failing to comply with a subpoena or subpoena
duces tecum issued by the board;
(18) Conspiring with any other person to commit an act or
committing an act that would tend to coerce, intimidate or preclude
another physician or podiatrist from lawfully advertising his or
her services;
(19) Gross negligence in the use and control of prescription
forms;
(20) Professional incompetence; or
(21) The inability to practice medicine and surgery or
podiatry with reasonable skill and safety due to physical or mental
impairment, including deterioration through the aging process, loss
of motor skill or abuse of drugs or alcohol. A physician or
podiatrist adversely affected under this subdivision shall be afforded an opportunity at reasonable intervals to demonstrate that
he or she may resume the competent practice of medicine and surgery
or podiatry with reasonable skill and safety to patients. In any
a proceeding under this subdivision, neither the record of
proceedings nor any orders entered by the board shall be used
against the physician or podiatrist in any other proceeding; or
_____(22) Making an oral or written inquiry of a patient concerning
the possession, ownership or storage of firearms where the inquiry
has no relationship to the practice of medicine or the medical
condition of the patient but is for the purpose of gathering
statistics or to justify patient counseling, unless the inquiry is
the subject of a request or related to a medical complaint made by
the patient.
(d) The board shall deny any an application for a license or
other authorization to practice medicine and surgery or podiatry in
this state to any an applicant who, and shall revoke the license of
any a physician or podiatrist licensed or otherwise lawfully
practicing within this state who, is found guilty by any a court of
competent jurisdiction of any a felony involving prescribing,
selling, administering, dispensing, mixing or otherwise preparing
any a prescription drug, including any a controlled substance under
state or federal law, for other than generally accepted therapeutic
purposes. Presentation to the board of a certified copy of the
guilty verdict or plea rendered in the court is sufficient proof thereof for the purposes of this article. A plea of nolo
contendere has the same effect as a verdict or plea of guilt. Upon
application of a physician that has had his or her license revoked
because of a drug related felony conviction, upon completion of any
a sentence of confinement, parole, probation or other court-ordered
supervision and full satisfaction of any fines, judgments or other
fees imposed by the sentencing court, the board may issue the
applicant a new license upon a finding that the physician is,
except for the underlying conviction, otherwise qualified to
practice medicine Provided, That The board and may place whatever
terms, conditions or limitations it deems appropriate upon a
physician licensed pursuant to this subsection.
(e) The board may refer any cases coming to its attention to
an appropriate committee of an appropriate professional
organization for investigation and report. Except for complaints
related to obtaining initial licensure to practice medicine and
surgery or podiatry in this state by bribery or fraudulent
misrepresentation, any a complaint filed more than two years after
the complainant knew or, in the exercise of reasonable diligence,
should have known of the existence of grounds for the complaint,
shall be dismissed: Provided, That in cases of conduct alleged to
be part of a pattern of similar misconduct or professional
incapacity that, if continued, would pose risks of a serious or
substantial nature to the physician's or podiatrist's current patients, the investigating body may conduct a limited
investigation related to the physician's or podiatrist's current
capacity and qualification to practice and may recommend
conditions, restrictions or limitations on the physician's or
podiatrist's license to practice that it considers necessary for
the protection of the public. Any report shall contain
recommendations for any necessary disciplinary measures and shall
be filed with the board within ninety days of any referral. The
recommendations shall be considered by the board and the case may
be further investigated by the board. The board, after full
investigation, shall take whatever action it considers appropriate
as provided in this section.
(f) The investigating body, as provided in subsection (e) of
this section, may request and the board, under any circumstances,
may require a physician or podiatrist or person applying for
licensure or other authorization to practice medicine and surgery
or podiatry in this state to submit to a physical or mental
examination by a physician or physicians approved by the board. A
physician or podiatrist submitting to an examination has the right,
at his or her expense, to designate another physician to be present
at the examination and make an independent report to the
investigating body or the board. The expense of the examination
shall be paid by the board. Any individual who applies for or
accepts the privilege of practicing medicine and surgery or podiatry in this state is considered to have given his or her
consent to submit to all examinations when requested to do so in
writing by the board and to have waived all objections to the
admissibility of the testimony or examination report of any
examining physician on the ground that the testimony or report is
privileged communication. If a person fails or refuses to submit
to an examination under circumstances which the board finds are not
beyond his or her control, failure or refusal is prima facie
evidence of his or her inability to practice medicine and surgery
or podiatry competently and in compliance with the standards of
acceptable and prevailing medical practice.
(g) In addition to any other investigators it employs, the
board may appoint one or more licensed physicians to act for it in
investigating the conduct or competence of a physician.
(h) In every disciplinary or licensure denial action, the
board shall furnish the physician or podiatrist or applicant with
written notice setting out with particularity the reasons for its
action. Disciplinary and licensure denial hearings shall be
conducted in accordance with the provisions of article five,
chapter twenty-nine-a of this code. However, hearings shall be
heard upon sworn testimony and the rules of evidence for trial
courts of record in this state shall apply to all hearings. A
transcript of all hearings under this section shall be made and the
respondent may obtain a copy of the transcript at his or her expense. The physician or podiatrist has the right to defend
against any charge by the introduction of evidence, the right to be
represented by counsel, the right to present and cross-examine
witnesses and the right to have subpoenas and subpoenas duces tecum
issued on his or her behalf for the attendance of witnesses and the
production of documents. The board shall make all its final
actions public. The order shall contain the terms of all action
taken by the board.
(i) In disciplinary actions in which probable cause has been
found by the board, the board shall, within twenty days of the date
of service of the written notice of charges or sixty days prior to
the date of the scheduled hearing, whichever is sooner, provide the
respondent with the complete identity, address and telephone number
of any person known to the board with knowledge about the facts of
any of the charges; provide a copy of any statements in the
possession of or under the control of the board; provide a list of
proposed witnesses with addresses and telephone numbers with a
brief summary of his or her anticipated testimony; provide
disclosure of any trial expert pursuant to the requirements of Rule
26(b)(4) of the West Virginia Rules of Civil Procedure; provide
inspection and copying of the results of any reports of physical
and mental examinations or scientific tests or experiments; and
provide a list and copy of any proposed exhibit to be used at the
hearing. Provided, That The board shall not be required to furnish or produce any materials which contain opinion work product
information or would be a violation of the attorney-client
privilege. Within twenty days of the date of service of the
written notice of charges, the board shall disclose any exculpatory
evidence with a continuing duty to do so throughout the
disciplinary process. Within thirty days of receipt of the board's
mandatory discovery, the respondent shall provide the board with
the complete identity, address and telephone number of any person
known to the respondent with knowledge about the facts of any of
the charges; provide a list of proposed witnesses with addresses
and telephone numbers, to be called at hearing, with a brief
summary of his or her anticipated testimony; provide disclosure of
any trial expert pursuant to the requirements of Rule 26(b)(4) of
the West Virginia Rules of Civil Procedure; provide inspection and
copying of the results of any reports of physical and mental
examinations or scientific tests or experiments; and provide a list
and copy of any proposed exhibit to be used at the hearing.
(j) Whenever it finds any person unqualified because of any of
the grounds set forth in subsection (c) of this section, the board
may enter an order imposing one or more of the following:
(1) Deny his or her application for a license or other
authorization to practice medicine and surgery or podiatry;
(2) Administer a public reprimand;
(3) Suspend, limit or restrict his or her license or other authorization to practice medicine and surgery or podiatry for not
more than five years, including limiting the practice of that
person to, or by the exclusion of, one or more areas of practice,
including limitations on practice privileges;
(4) Revoke his or her license or other authorization to
practice medicine and surgery or podiatry or to prescribe or
dispense controlled substances for a period not to exceed ten
years;
(5) Require him or her to submit to care, counseling or
treatment designated by the board as a condition for initial or
continued licensure or renewal of licensure or other authorization
to practice medicine and surgery or podiatry;
(6) Require him or her to participate in a program of
education prescribed by the board;
(7) Require him or her to practice under the direction of a
physician or podiatrist designated by the board for a specified
period of time; and
(8) Assess a civil fine of not less than $1000 nor more than
$10,000.
(k) Notwithstanding the provisions of section eight, article
one, chapter thirty of this code, if the board determines the
evidence in its possession indicates that a physician's or
podiatrist's continuation in practice or unrestricted practice
constitutes an immediate danger to the public, the board may take any of the actions provided in subsection (j) of this section on a
temporary basis and without a hearing if institution of proceedings
for a hearing before the board are initiated simultaneously with
the temporary action and begin within fifteen days of the action.
The board shall render its decision within five days of the
conclusion of a hearing under this subsection.
(l) Any A person against whom disciplinary action is taken
pursuant to the provisions of this article has the right to
judicial review as provided in articles five and six, chapter
twenty-nine-a of this code. Provided, That A circuit judge may
also remand the matter to the board if it appears from competent
evidence presented to it in support of a motion for remand that
there is newly discovered evidence of such a character as ought to
produce an opposite result at a second hearing on the merits before
the board and:
(1) The evidence appears to have been discovered since the
board hearing; and
(2) The physician or podiatrist exercised due diligence in
asserting his or her evidence and that due diligence would not have
secured the newly discovered evidence prior to the appeal.
A person may not practice medicine and surgery or podiatry or
deliver health care services in violation of any a disciplinary
order revoking, suspending or limiting his or her license while any
an appeal is pending. Within sixty days, the board shall report its final action regarding restriction, limitation, suspension or
revocation of the license of a physician or podiatrist, limitation
on practice privileges or other disciplinary action against any a
physician or podiatrist to all appropriate state agencies,
appropriate licensed health facilities and hospitals, insurance
companies or associations writing medical malpractice insurance in
this state, the American Medical Association, the American Podiatry
Association, professional societies of physicians or podiatrists in
the state and any entity responsible for the fiscal administration
of Medicare and Medicaid.
(m) Any A person against whom disciplinary action has been
taken under the provisions of this article shall, at reasonable
intervals, be afforded an opportunity to demonstrate that he or she
can resume the practice of medicine and surgery or podiatry on a
general or limited basis. At the conclusion of a suspension,
limitation or restriction period the physician or podiatrist may
resume practice if the board has so ordered.
(n) Any entity, organization or person, including the board,
any member of the board, its agents or employees and any entity or
organization or its members referred to in this article, any
insurer, its agents or employees, a medical peer review committee
and a hospital governing board, its members or any committee
appointed by it acting without malice and without gross negligence
in making any report or other information available to the board or a medical peer review committee pursuant to law and any person
acting without malice and without gross negligence who assists in
the organization, investigation or preparation of any such report
or information or assists the board or a hospital governing body or
any committee in carrying out any of its duties or functions
provided by law is immune from civil or criminal liability, except
that the unlawful disclosure of confidential information possessed
by the board is a misdemeanor as provided in this article.
(o) A physician or podiatrist may request in writing to the
board a limitation on or the surrendering of his or her license to
practice medicine and surgery or podiatry or other appropriate
sanction as provided in this section. The board may grant the
request and, if it considers it appropriate, may waive the
commencement or continuation of other proceedings under this
section. A physician or podiatrist whose license is limited or
surrendered or against whom other action is taken under this
subsection may, at reasonable intervals, petition for removal of
any a restriction or limitation on or for reinstatement of his or
her license to practice medicine and surgery or podiatry.
(p) In every case considered by the board under this article
regarding discipline or licensure, whether initiated by the board
or upon complaint or information from any person or organization,
the board shall make a preliminary determination as to whether
probable cause exists to substantiate charges of disqualification due to any reason set forth in subsection (c) of this section. If
probable cause is found to exist, all proceedings on the charges
shall be open to the public who are entitled to all reports,
records and nondeliberative materials introduced at the hearing
including the record of the final action taken: Provided, That any
medical records which were introduced at the hearing and which
pertain to a person who has not expressly waived his or her right
to the confidentiality of the records, may not be open to the
public nor is the public entitled to the records.
(q) If the board receives notice that a physician or
podiatrist has been subjected to disciplinary action or has had his
or her credentials suspended or revoked by the board, a hospital or
a professional society, as defined in subsection (b) of this
section, for three or more incidents during a five-year period, the
board shall require the physician or podiatrist to practice under
the direction of a physician or podiatrist designated by the board
for a specified period of time to be established by the board.
(r) Notwithstanding any other provisions of this article, the
board may, at any time, on its own motion, or upon motion by the
complainant, or upon motion by the physician or podiatrist or by
stipulation of the parties, refer the matter to mediation. The
board shall obtain a list from the West Virginia State Bar's
mediator referral service of certified mediators with expertise in
professional disciplinary matters. The board and the physician or podiatrist may choose a mediator from that list. If the board and
the physician or podiatrist are unable to agree on a mediator, the
board shall designate a mediator from the list by neutral rotation.
The mediation shall not be considered is not a proceeding open to
the public and any reports and records introduced at the mediation
shall not become are not part of the public record. The mediator
and all participants in the mediation shall maintain and preserve
the confidentiality of all mediation proceedings and records. The
mediator may not be subpoenaed or called to testify or otherwise be
subject to process requiring disclosure of confidential information
in any proceeding relating to or arising out of the disciplinary or
licensure matter mediated: Provided, That any confidentiality
agreement and any written agreement made and signed by the parties
as a result of mediation may be used in any proceedings
subsequently instituted to enforce the written agreement. The
agreements may be used in other proceedings if the parties agree in
writing.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14-11. Refusal, suspension or revocation of license;
suspension or revocation of certificate of
authorization.
(a) The board may either refuse to issue or may suspend or
revoke any license for any one or more of the following causes:
(1) Conviction of a felony, as shown by a certified copy of the record of the trial court;
(2) Conviction of a misdemeanor involving moral turpitude;
(3) Violation of any provision of this article regulating the
practice of osteopathic physicians and surgeons;
(4) Fraud, misrepresentation or deceit in procuring or
attempting to procure admission to practice;
(5) Gross malpractice;
(6) Advertising by means of knowingly false or deceptive
statements;
(7) Advertising, practicing or attempting to practice under a
name other than one's own;
(8) Habitual drunkenness or habitual addiction to the use of
morphine, cocaine or other habit-forming drugs;
(9) Making an oral or written inquiry of a patient concerning
the possession, ownership, or storage of firearms, where the
inquiry has no relationship to the practice of osteopathic medicine
or the medical condition of the patient but is for the purpose of
gathering statistics or to justify patient counseling unless the
inquiry is the subject of a request or related to a medical
complaint made by the patient.
(b) The board shall also have the power to suspend or revoke
for cause any certificate of authorization issued by it. It shall
have the power to reinstate any certificate of authorization
suspended or revoked by it.
NOTE: The purpose of this bill is to include oral or written
inquiry of a patient about possession, ownership or storage of
firearms as a reason for invoking disciplinary proceedings against
physicians, podiatrists and osteopathic physicians and surgeons.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.