2005 Idaho Code - 54-1806A — MEDICAL DISCIPLINARY ENFORCEMENT

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 18
                           PHYSICIANS AND SURGEONS
    54-1806A.  MEDICAL DISCIPLINARY ENFORCEMENT. The board of medicine shall
create a committee on professional discipline which shall have the authority
under the direct supervision and control of the board to conduct professional
disciplinary enforcement investigations under this chapter and particularly
under sections 54-1810 and 54-1814, Idaho Code, and to recommend appropriate
action to the board with respect thereto. The committee on professional
discipline shall have no authority to impose sanctions or limitations or
conditions on licenses issued under this chapter and shall be authorized only
to make recommendations to the board with respect thereto. The board shall
provide as follows respecting the committee on professional discipline:
    (1)  Membership. The committee shall consist of five (5) members appointed
by the board. Initially, it shall consist of the members of the board of
professional discipline as it is constituted on the effective date of this act
who shall serve on the committee on professional discipline until the
expiration of their current terms. Thereafter, it shall consist of four (4)
members licensed to practice medicine and surgery in the state of Idaho, two
(2) of whose terms shall expire at midnight on June 30 in each of two (2)
successive years, and one (1) member who is an adult Idaho citizen of good
character and reputation who shall not be licensed to practice medicine and
surgery in the state of Idaho, whose term shall expire at midnight on June 30
in the year in which no physician member's term shall expire. All terms of
appointment shall be for three (3) years. No member of the committee on
professional discipline may be appointed after the effective date of this act
to serve more than two (2) terms (which shall include terms served on the
board of professional discipline prior to the effective date of this act).
    (2)  Chairman.  The board of medicine shall designate one (1) member of
the committee as its chairman who shall serve and function in that capacity
for one (1) year or until a successor is duly appointed, whichever is later.
    (3)  Quorum.  Three (3) members shall constitute a quorum though no
meeting of the committee shall be held without reasonable prior notice of at
least three (3) days to all members, which notice may be given by the chairman
or any three (3) members. Notice may be waived unanimously; otherwise, it
shall be in writing and state the time, place and purpose of the meeting.
    (4)  Compensation.  Members of the committee  shall be compensated as
provided by section 59-509(n), Idaho Code, from the state board of medicine
fund for expenses incurred in the course of serving on the committee.
    (5)  Conflicts and Disqualification.  Members shall disqualify themselves
and, on motion of any interested party may, on proper showing, be disqualified
in any proceeding concerning which they have an actual conflict of interest or
bias which interferes with their fair and impartial service.
    (6)  Additional Powers of the Committee on Professional Discipline.  In
addition to its other powers, the committee shall be empowered and authorized:
    (a)  To recommend to the board that it be authorized by the board to
    initiate or commence proceedings, studies or investigations, to
    investigate or inquire into misconduct or unprofessional behavior and to
    recommend that the board take such action with respect thereto as it deems
    best in the interest of the public and justice, and to obtain the
    assistance of staff and legal counsel hired by the board of medicine to
    administer, process and assist in its work.
    (b)  To recommend to the board that it be authorized by the board to
    appoint hearing officers or hearing committees to take evidence, conduct
    hearings and make recommended findings and conclusions to the committee in
    any matter or proceeding assigned to the committee, which hearing
    committees shall be of such number and size as the board directs, composed
    of licensed physicians resident and licensed to practice medicine and
    surgery in Idaho, who shall serve without pay and for such term as the
    board may specify, not to exceed one (1) year or during the pendency of
    any matters referred to it, whichever is longer. All investigations and
    proceedings of the committee and any hearing officers or hearing
    committees shall be conducted as provided by rules adopted by the board of
    medicine pursuant to the administrative procedure act, chapter 52, title
    67, Idaho Code.
    (c)  To recommend findings respecting matters coming before it or before
    any hearing committee or authorized hearing officer acting on its behalf,
    and to recommend conclusions and orders for the consideration of the board
    dispositive of such proceedings. The committee may make recommendations
    for the consideration of the board and the board is authorized to enter
    appropriate orders and take appropriate action including, without
    limitation, disciplinary orders as provided by Idaho Code respecting
    misconduct or other grounds for discipline respecting any licensed
    physician and surgeon licensed to practice medicine and surgery in the
    state of Idaho, which authority shall, for good cause shown, include the
    power to suspend, restrict, condition, limit or revoke the license or
    present or future right or privilege to practice medicine of any
    physician, surgeon or other person licensed or purporting to be qualified
    or authorized to practice medicine and surgery in the state of Idaho.
    (d)  To recommend that the board reprimand by informal admonition any
    licensed physician and surgeon respecting any matter it finds is minor
    misconduct. Such reprimand shall be subject to disclosure according to
    chapter 3, title 9, Idaho Code.
    (e)  To recommend that the board accept the resignation and surrender of
    license of any physician and surgeon under investigation or prosecution
    who tenders the same, and to impose terms and conditions in connection
    therewith as it may deem appropriate in the best interest of the public
    and of justice.
    (f)  To recommend that the board order, for good cause, nondisciplinary
    suspension or transfer to inactive status of any licensed physician and
    surgeon incapacitated by illness, senility, disability, or addiction to
    drugs, intoxicants or other chemical or like substances, and to provide
    terms and conditions therefor, including provisions and conditions
    controlling reinstatement and any request therefor; provided, this
    subparagraph shall not be construed to amend or repeal specific
    legislation expressly dealing with disabled physicians whether heretofore
    or hereafter enacted by the legislature of the state of Idaho but rather
    shall be construed as complementary thereto.
    (g)  To recommend that the board provide by order for reciprocal
    discipline in cases involving the discipline of a licensed physician and
    surgeon disciplined in any other jurisdiction, provided that such licensee
    or applicant shall be entitled to appear and show cause why such order
    should not apply in his or her case.
    (h)  To recommend that the board adopt rules to provide for and permit the
    committee to conduct informal proceedings to encourage fair and
    expeditious disposition of business, complaints and matters properly
    coming before it.
    (7)  Openness.  All formal hearings conducted by the board or by the
committee under the board's direction and control shall be open to the public.
Formal dispositions or other formal actions taken by the board under sections
54-1806 and 54-1806A, Idaho Code, also shall be public. Proceedings, studies
and investigations which do not result in formal hearings, formal dispositions
or other formal actions by the board shall be conducted in private and shall
remain confidential.
    (8)  Voluntary Restriction of Licensure.  A physician may request in
writing to the board or the committee a restriction of his license to practice
medicine and the board is authorized to grant such request and, if it deems it
appropriate to do so, to attach conditions to the licensure of the physician
to practice medicine. The board is also authorized in such cases thereafter to
waive the commencement of proceedings under this act or other provisions of
the medical practice act if in the interest of justice it determines that such
voluntary proceedings have rendered the same unnecessary. Removal of a
voluntary restriction on or suspension of licensure to practice medicine shall
be subject to the procedures for reinstatement elsewhere in this act, in the
medical practice act or by rule of the board; provided also, such
reinstatements may be subject to further conditions specially imposed in the
individual case as a condition of the order entered therein.
    (9)  Adjudication of Discipline or Exoneration.  The board shall make a
determination of the merits of all proceedings, studies and investigations
and, if grounds therefor are found to exist, may issue its order:
    (a)  Revoking the respondent physician's license to practice medicine;
    (b)  Suspending or restricting the respondent physician's license to
    practice medicine;
    (c)  Imposing conditions or probation upon the respondent physician and
    requiring rehabilitation planning, commitment and conditions upon such
    respondent physician's licensure;
    (d)  Imposing an administrative fine not to exceed ten thousand dollars
    ($10,000) for each count or offense; and/or
    (e)  Assessing costs and attorney's fees against the respondent physician
    for any investigation and/or administrative proceeding.
If grounds for any of the foregoing are not found to exist, the board shall
enter its order so stating and dismissing the proceedings and shall provide
the respondent and, if there be one, the complainant or petitioner in the
proceedings a true copy thereof.
    (10) Temporary Suspension or Restriction Pending Final Order.  The board
may temporarily suspend or restrict the license of any physician or enter an
appropriate order of temporary probation, ex parte, on its own motion or on
verified petition of any person, pending further or final order, without prior
hearing, simultaneously with or at any time after the institution of
proceedings under this chapter, but only if it first finds, on the basis of a
responsible showing which satisfactorily demonstrates that the physician in
his capacity as such and for reasons set forth by petition, affidavit, or
other verified showing, or determined by it in reliance upon other reliable
proof, is causing great harm to the public or to any patient or group of
patients, or is imminently likely to cause such harm, for which reason he or
she and his or her license to practice medicine should be immediately
suspended or restricted or he or she should be specially controlled, suspended
in or restricted from the practice of medicine. In such cases, the board may
summarily, and ex parte, order temporary conditions of probation, suspension
or restriction of said physician and his or her license and authority to
practice medicine in the state of Idaho, pending further or final order in the
proceedings. Thereafter the physician may, for good cause, request dissolution
or amendment of any such temporary order by petition filed with the board,
which petition shall be set for prompt hearing before the board or a
designated hearing officer or special committee appointed by the board for
that purpose, which officer or committee shall forthwith hear said matter and
report to the board its report and recommendations. The board, consistent with
due process and the rules adopted by the board pursuant to the administrative
procedure act, chapter 52, title 67, Idaho Code, shall rule on such petition
for dissolution or amendment with the least amount of delay reasonably
possible. Neither the record of the proceeding nor any order entered therein
may be used against the respondent physician in any other legal proceeding
except upon judicial review as provided elsewhere herein.
    (11) Judicial Review.  All final decisions by the board shall be subject
to judicial review pursuant to the procedures of the administrative procedure
act, chapter 52, title 67, Idaho Code.
    (12) Protected Action and Communication.  There shall be no liability on
the part of and no action for damages against:
    (a)  Any member of the board, the committee on professional discipline or
    the staff or officials thereof for any action undertaken or performed
    within the scope of the functions of the board or the committee under this
    chapter when acting without malice and in the reasonable belief that such
    action is warranted; or
    (b)  Any person providing information or testimony to the board, the
    committee, or their staff or officials without malice and in the
    reasonable belief that such information is accurate.