2008 AMA INTERIM MEETING – HIGHLIGHTS
As of Monday, November 10, 2008
PACIFIC RIM RESOLUTIONS
5. Disclosure of Information Regarding Summary Suspension and Disciplinary Action:
Referred for decision a California resolution which asks the AMA to seek to amend the Health
Care Quality Improvement Act, codified in Title 42 of the United States Code, and any other
applicable federal law regulating the circulation or posting of reports by the National Practitioner
Data Bank, to:
(1) to preclude circulation and posting of any report of a summary suspension until
confirmation by the state’s independent investigation that such a report is supported by at least
substantial evidence of risk to patients warranting a summary suspension, irrespective of any
determination by the governing board of the responsible health care entity;
(2) to require removal
of any such report in the event any court reverses any adverse disciplinary action by any health care entity, or to require removal of any such report in the event of the state’s independent investigation exonerates the physician
from the alleged charges;
(3) to require the state licensing board to afford any physician subject
to any peer review report, including a report due to a summary suspension or any other disciplinary
action, the right to contest and respond to the charges in a writing of reasonable length, and to
have that response posted in the same place in the records and postings of the state licensing board
or other disciplinary action contested. (Res. 220) .
