§ 20-9-1310. Standards for hearings and related matters

(a)

1. (1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing.

2. (2) Subdivision (a)(1) of this section does not entitle a physician to a hearing if the proposed professional review action will not adversely affect the physician’s clinical privileges or medical staff membership.

(b)

1. (1) A hearing shall be held before a hearing officer, arbitrator, hearing panel, or combination of hearing officer, arbitrator, or hearing panel.

2. (2) A hearing officer or arbitrator shall:

   1. (A) Be independent of all parties involved;

   2. (B) Have no conflict of interest; and

   3. (C) Not:

      1. (i) Have served as an attorney for the hospital or the physician under review at any time within two (2) years before the hearing date; or

      2. (ii) Be affiliated with a law firm that has represented the hospital or the physician under review at any time within two (2) years before the hearing date.

3. (3)

   1. (A) The medical staff bylaws shall govern the appointment of members of a hearing panel subject to the requirements of this subsection.

   2. (B) The members of a hearing panel may be members of the medical staff of the hospital.

   3. (C) The members of the hearing panel shall:

      1. (i) Disclose any potential conflicts of interest before the hearing; and

      2. (ii) Agree to exercise unbiased, independent, and professional judgment when evaluating the competence or professional conduct of the physician under review.

4. (4)

   1. (A) A physician under review shall have a reasonable opportunity to raise the issue of a potential conflict of interest or other concern related to a hearing officer, arbitrator, or member of a hearing panel.

   2. (B) The medical staff bylaws shall establish a process for considering and resolving any potential conflicts of interest.

(c)

1. (1) Before the hearing, the professional review body and the physician under review shall provide the opposing party with a list of any witnesses expected to testify and copies of any documents expected to be introduced at the hearing.

2. (2) In advance of the hearing, the hospital administration, professional review body, and the physician under review shall disclose all relevant information to each other.

(d) At the hearing, the physician under review shall have the right to:

1. (1) Be present and present evidence on his or her own behalf;

2. (2) Be represented by an attorney or another individual of the physician’s choice at the hearing;

3. (3) Call, examine, and cross-examine witnesses; and

4. (4) Submit a written statement.

(e) Upon completion of the hearing, the physician under review has a right to receive:

1. (1) The written recommendation of the hearing officer, arbitrator, or hearing panel, including a statement of the basis of the recommendation; and

2. (2) A copy of the record of the hearing upon request and payment of any reasonable charges for the preparation of the record.

(f) After the hospital takes final action on the recommendation from the hearing, the physician under review is entitled to receive a written decision, including a statement of the basis for the decision.

(g) Any dispute over the relevancy or method of discovery or any other dispute that arises during the hearing process shall be resolved by the hearing officer, arbitrator, or hearing panel.