Committee OKs plan to toughen doctor sanctions

Friday, March 28, 2003 | 11:01 a.m.

CARSON CITY -- A state Senate committee today gave preliminary approval to a plan to toughen the law to discipline doctors hit with medical malpractice court judgments.

The Senate Committee on Commerce and Labor voted to approve an amendment to Senate Bill 250 to require the state Board of Medical Examiners to impose sanctions if it finds the physician has failed to act properly.

Sen. Randolph Townsend, R-Reno, said there is a public perception that the board is not doing its job to oversee those physicians involved in malpractice. "We want to make sure when we find a bad problem, we act," he said.

The committee started working on the bill that makes changes in insurance regulation and medical malpractice cases. The bill comes out of the state's medical malpractice crisis, in which doctors saw skyrocketing medical malpractice insurance costs. The committee will make changes and at a later session approval a final version.

Keith Lee, lobbyist for the medical examiners board, told the committee there was already an investigatory process when the board learns of a malpractice judgment. But Townsend said the present law gives the board the discretion to impose discipline. He wants the law to read that the board "shall" punish when it finds malpractice.

Lee said however he wanted to make sure the bill includes due process for the doctors who are called before the board. He said he doesn't want to see something in the legislation that "We give them a fair trial and then hang them."

The committee also approved an amendment to require a performance audit of the medical examiners board to determine if it is efficient in conducting its investigations and how it uses its money.

The board is supported by licensing fees from doctors.

Sen. Ann O'Connell, R-Las Vegas, who has been a critic of the board, said there is "a question about spending" by the board. And she said there appears "to be a lack of concern (by the board) about the crisis (malpractice) crisis we're going through."

Lee said the board has "nothing to fear" from an audit. He said the board is complying with the duties set out in the law that is licensing and regulating physicians. "We think we have been discharging our duties appropriately," he said.

Lee noted the board is now proposing rules to become the first state in the nation to test the competency of physicians periodically after they are licensed. The board will hold hearings late in April on this proposed regulation, he said.

The committee approved O'Connell's amendment that the audit would review the efficiency of the board in taking preventative steps "to remedy or deter any unprofessional conduct" by a physician. And the audit would examine how the board responds to complaint filed by the public against doctors.

Dr. Don Havins, representing the Clark County Medical Society, said the investigations conducted by the board should be disclosed "so the public can see if the board if fulfilling our expectations."

Lee said the board makes public any disciplinary action it takes against a physician. But the investigations are closed.