The state board that oversees
physicians approved a measure Tuesday aimed at tightening regulations
governing doctors and making information in disciplinary cases more
available to the public.
One key change proposed by the state Board of Medical Examiners would
allow the public to find out when the board files an official complaint
against a doctor and what action, if any, is taken by the board as a case
progresses through the disciplinary process.
Currently, some steps in the process
-- including the official complaint the board initially files against a
doctor -- are not made public by the medical board.
The medical board voted 5-0 for the changes, which wouldn't go into
effect until passed by the General Assembly. The board is looking for a
legislator to sponsor the changes, said Rick Wilson, attorney for the
board.
The medical board drafted the changes in the wake of two highly
publicized cases last year in which doctors were accused of misconduct.
One case involved Hilton Head Island cardiologist Dr. James D. Johnston,
whose license has been suspended pending his treatment at an alcohol
rehabilitation center. Another involved a Columbia doctor, James Shortt,
whose license was suspended after the death of one of his patients who had
been injected with hydrogen peroxide.
In both cases, many aspects of disciplinary actions have been kept
secret.
Under existing rules, the medical board releases no information about
doctor discipline cases until it issues an order suspending a doctor's
license -- after an investigation has been completed. The changes would
allow the board to tell the public about the existence of a case at the
same time an investigation begins.
While the board would announce on its Web site that an investigation
has begun, no details about the suspected misconduct would be released
until the board reaches a final decision on the case.
In the past, some details about misconduct have been made public early
in the disciplinary process.
Other groups also are working on ways to make the state's process for
disciplining doctors more open.
The S.C. Press Association is putting together legislation that would
require information about any medical professional suspected of misconduct
to be made public when charges are deemed to have merit, said Bill Rogers,
the association's executive director. He said the press association, like
the medical board, is seeking legislators to sponsor the bill, and several
lawmakers had shown support.
"We think it's important that the disciplinary process for doctors be
open," Rogers said.
Later this month, the state Supreme Court will consider a case that
could have an impact on information that can be released in disciplinary
cases against doctors. In the case, scheduled to be argued on March 15,
The Island Packet will argue that a judge with the Administrative Law
Court in Columbia erred when he issued a gag order and sealed all records
in the Board of Medical Examiner's case against Johnston.
The proposed changes in regulations approved by the medical board
Tuesday weren't limited to the issue of public access to disciplinary
cases. Other changes include:
Creating a process for doctors to follow if they want to challenge a
temporary suspension issued when the board believes patients are
endangered as a result of problems such as alcohol abuse. The doctor would
have 24 hours to appeal a suspension to the Administrative Law Court,
which then would have 72 hours to hear the case. In the interim, the
suspension would be posted on the state's Web site.
Adding a nonmedical member to the medical board, which currently has
10 members. The board already has one lay member. The two lay members
would be required to have at least bachelor's degrees. There no such
requirement now.
Allowing the board to require doctors to undergo criminal background
checks when they first apply for licenses to practice in the state and if
they become involved in disciplinary hearings. The medical board currently
relies on doctors to honestly answer questions about their criminal
history on license applications.
Requiring doctors who want to act as expert witnesses to be without
any public reprimands during the previous five years from any medical
group, such as another state's medical board or a hospital where they
practiced.
"We don't want anybody with a public reprimand coming here and giving
testimony on how we should be practicing medicine here," said board
president Dr. Satish Prabhu.
The board currently has no rules about reprimands for doctors who act
as expert witnesses.
Only five members of the medical board participated in Tuesday's
meeting. Two spots on the 10-member board are vacant and three members
were absent.