§ 1355 - Complaints; hearing committee
§ 1355. Complaints; hearing committee
(a) Any person, firm, corporation, or public officer may submit a written complaint to the secretary charging any person practicing medicine or surgery in the state with unprofessional conduct, specifying the grounds therefor. If the board determines that such complaint merits consideration, or if the board shall have reason to believe, without a formal complaint, that any person practicing medicine or surgery in the state has been guilty of unprofessional conduct, and in the case of every formal complaint received, the chairman shall designate four members, including one public member to serve as a committee to hear or investigate and report upon such charges.
(b) The chair may designate a hearing committee constituting less than a quorum of the board, to conduct hearings which would otherwise be heard by the board. A hearing committee shall consist of at least one physician member of the board and one public member of the board. No member of the hearing committee shall have been a member of the investigative committee which reviewed the matter at the investigative stage. When the board is unable to assign one or more members to investigate a complaint or serve on a hearing committee by reason of disqualification, resignation, vacancy or necessary absence, the commissioner may, at the request of the board, appoint ad hoc members to serve on the investigation or the hearing for that matter only. When a hearing is conducted by a hearing committee, the committee shall report its findings and conclusions to the board, within 60 days of the conclusion of the hearing unless the board grants an extension. The board may take additional evidence and may accept, reject or modify the findings and conclusions of the committee. Judgment on the findings shall be rendered by the board. Nothing herein is intended to limit the discretion of the board to determine whether a matter will proceed to hearing before a hearing committee under this subsection or by a quorum of the board. (Amended 1975, No. 249 (Adj. Sess.), § 2; 1989, No. 102, § 2; 1991, No. 167 (Adj. Sess.), § 32; 2001, No. 132 (Adj. Sess.), § 9, eff. June 13, 2002.)