Bill Text: HI SB1264 | 2010 | Regular Session | Introduced

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Bill Title: Patients Right to Know; Physician Profiles Made Available

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1264 Detail]

Download: Hawaii-2010-SB1264-Introduced.html

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Report Title:

Patients Right to Know; Physician Profiles Made Available

 

Description:

Requires the Hawaii medical board to collect and publish information about physicians licensed in the State to allow consumers to make informed decisions in selecting physicians.

 

THE SENATE	S.B. NO.	1264
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL TREATMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to ensure that consumers have basic information about medical treatment providers in order to make informed health care decisions.  Many states have adopted laws providing consumers with physician profiles, including Colorado, Connecticut, Florida, Georgia, Illinois, Maine, New York, North Caroline, South Carolina, Maryland, and Rhode Island.  Hawaii lags behind states in adopting transparency laws to assist consumers in selecting medical service providers.  This Act shall be cited as the "Patient's Right to Know Act".

     The State of Hawaii licenses over seven thousand four hundred physicians who are required to renew their licenses every two years.  Yet, consumers have little access to information about physicians.  More critically, consumers have difficulty accessing information about complaints and disciplinary actions taken against physicians.  While the Hawaii medical board collects certain types of information about physicians, that information is not made publicly available to consumers.  This Act will require the public disclosure of collected information.

     SECTION 2.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§453‑    Physician profiles.  (a)  The board shall make available to the public a profile of each physician licensed to practice medicine in the State through an internet website and, if requested, in writing.  The physician profile shall contain the following information:

     (1)  The full name of the physician, address and telephone number of primary practice office, and electronic mail address;

     (2)  A description of any criminal convictions for felonies and serious misdemeanors, as determined by the board, including convictions reported to the board pursuant to section 329‑44;

     (3)  A description of any final disciplinary action by the board against the physician, including fines, penalties, probation, suspension, or revocation of license;

     (4)  A description of any final disciplinary action taken by any other licensing jurisdiction in other states against the physician within the last five years;

     (5)  A description of revocation or involuntary restriction of hospital privileges for reasons related to competence, character, or substance abuse that have been taken by the hospital's governing board or administrative officer, or resignation from or nonrenewal of medical staff membership or restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary action.  Adverse decisions reported to the board pursuant to section 663-1.7 shall be included in the profile;

     (6)  All medical malpractice court judgments or awards in which a payment was awarded to a complainant, including those reported to the board pursuant to sections 453-8.7, 671-5, and 671-15;

     (7)  Name of medical school attended, dates of attendance, and date of graduation;

     (8)  Name of graduate medical education program, dates of attendance, and date of completion;

     (9)  Specialty board certification.  The toll free number of the American Board of Medical Specialties shall be included to verify current board certification status;

    (10)  State or jurisdiction in which the physician is licensed, date of licensure, and current status of licensure;

    (11)  Names of hospitals where the physician has privileges;

    (12)  Status of compliance with continuing education requirements;

    (13)  Name of the professional liability insurance carrier or self-insured and status of compliance with financial responsibility provisions; and

    (14)  Indication of whether the physician participates in the medicaid program, health plans, or accepts workers' compensation cases.

     (b)  The board shall provide a copy of the profile to the physician prior to initial publication and the physician shall have sixty days after receipt to correct inaccurate factual information.  The physician may elect to include the following information:  professional and community memberships, community activities, publications in peer reviewed medical literature, appointments to medical school faculty, language access, and any specialized areas of treatment.

     (c)  The physician shall update information in the profile within thirty days of any change in the information by reporting the change to the board.

     (d)  The board may take disciplinary action, including assessing a fine or penalty, against the physician for failure to comply with this section.

     (e)  The board may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section."

     SECTION 3.  Section 453-7.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Reports of adverse decisions of peer review committees transmitted to the department under section 663-1.7 shall not be available to public inspection or subject to discovery and shall be held confidential by the department; provided that:

     (1)  A written affirmative or negative reply may be given to a written inquiry by a hospital or health care facility as to whether a report of an adverse decision is on file with the department; [and]

     (2)  A subpoenaed report shall be subject to the requirements under section 453-17[.]; and

     (3)  The board shall include in the physician profile under section 453-    a statement that an adverse decision has been reported to the board."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2010.

 

INTRODUCED BY:	_____________________________