DE HB459 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 38-19-1)
Status: Passed on July 1 2010 - 100% progression
Action: 2010-06-30 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Slight Partisan Bill (Democrat 38-19-1)
Status: Passed on July 1 2010 - 100% progression
Action: 2010-06-30 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
This act improves the reporting process of the Board of Medical Practice by strengthening the Board's authority to police unprofessional conduct and clarifying and simplifying the Board's administrative procedures to improve the efficiency of the board and its ability to work with law enforcement. This act also makes certain similar changes that would affect all boards administered by the Division of Professional Regulation. Section 1 broadens the scope of hospital disciplinary actions that must be reported to the Board. Some hospitals implement short-term disciplinary actions for which no report is made to the Board. The proposed revision would require all hospital disciplinary actions affecting privileges at a hospital to be reported to the Board. Section 2 requires physicians to report any civil or criminal investigation against them in any jurisdiction that concerns their licensure. Section 3 requires the board to permanently revoke the certificate to practice of someone convicted of a felony sexual offense. Sections 4-6 amend the definition of "unprofessional conduct" to improve and clarify the reporting of such conduct. Section 4 clarifies that the obligation of law enforcement to report unprofessional conduct by a physician is not limited to situations in which a conviction or admission has been obtained. Section 5 alters part of the definition of "unprofessional conduct" to give the Board additional flexibility in evaluating whether a physician's conduct in the practice of medicine is so deficient as to require action by the Board, and to state expressly that sexual misconduct can be a basis for discipline. Section 6 provides that the failure to report unprofessional conduct by persons with a duty to do so is a violation subject to the disciplinary authority of the Board of Medical Practice, and can be enforced by the Board by means of a fine or limitations on the license to practice. Section 7 clarifies the duty of law enforcement agencies to report criminal conduct of a physician to the Division of Professional Regulation and to report when the criminal investigation is complete. Section 8 eliminates the requirement that reports to the Board by persons without a mandatory reporting obligation can be made orally, and need not be in writing. Section 9 requires the Board of Medical Practice to report the receipt of a complaint involving potential criminal conduct to the appropriate law enforcement agencies and the Delaware Department of Justice. Sections 10-13 simplify the investigatory process of the Board and clarify the responsibilities of law enforcement and the Division of Professional Regulation when a complaint is made about allegedly criminal conduct by a physician. These sections build on current law requiring the Executive Director to communicate with the Department of Justice. Pursuant to these new sections, the Department of Justice could make a written request to the Executive Director of the Board to suspend any current or pending investigation, and that request would suspend the Executive Director's duties during an investigation. Sections 14-19 permit the Board to appoint a hearing officer to conduct hearings for the Board. Those sections also open to the public certain previously closed panel hearings and Board disciplinary hearings. Sections 20-21 improve public transparency for the Board of Medical Practice. Sections 20 enables the Department of Justice to obtain information that would be otherwise confidential concerning the Board of Medical Practice, Medical Society, and peer review organizations. Section 21 provides that the confidentiality of certain records concerning Board of Medical Practice reviews does not apply where disciplinary action was taken by the Board. Section 22 provides that the Board of Medical Practice may, after notice and a hearing, appoint a custodian of patient records in the event patients cannot access their records because of a physician’s mental or physical incapacity or because a physician abandons or involuntarily discontinues his or her practice. The custodian of records will return patient records to the patients by the same procedures that apply to a physician who either voluntarily discontinues a medical practice or dies. Sections 23-25 of the bill amend the standard investigatory procedures of the Division of Professional Regulation for all affected boards to make certain clarifying changes and include provisions by which the Delaware Department of Justice can suspend pending investigations where such investigation may adversely impact an ongoing criminal, civil or other investigation. Section 26 makes certain changes to the authority of the Division of Professional Regulation. The section requires the Division of Professional Regulation to report potential criminal conduct to the appropriate law enforcement agencies and the Delaware Department of Justice. It also requires the Division to subscribe to a national licensing databank service to improve its notification of out-of-state disciplinary action. Finally, the section gives the Division the power to retain hearing officers to handle evidentiary hearings and other matters.
Title
An Act To Amend Titles 24 And 29 Of The Delaware Code Relating To The Medical Practice Act, The Board Of Medical Practice And The Department Of State.
Sponsors
Roll Calls
2010-06-29 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-22 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-22 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2010-06-30 | Signed by Governor | |
| 2010-07-01 | Signed by Governor | |
| 2010-06-29 | Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2010-06-24 | Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits | |
| 2010-06-23 | Assigned to Judiciary Committee in Senate | |
| 2010-06-22 | Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2010-06-22 | Amendment HA 1 - Passed in House by Voice Vote | |
| 2010-06-22 | Amendment HA 1 - Introduced in House | |
| 2010-06-16 | Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 1 Favorable, 8 On Its Merits | |
| 2010-06-10 | Introduced and Assigned to Health & Human Development Committee in House |
