§ 76-28. Professional review body - Requirements for protection from liability.

Protection from liability pursuant to Section 6 of this act shall be available only on the condition that the professional review action is taken or recommendation is made under the following requirements:

A.  The action is taken:

1.  In reasonable belief that it will maintain or enhance the quality of professional standards of conduct or competence;

2.  After reasonable effort to obtain facts pertinent to the matter;

3.  After adequate notice and opportunity to be heard are afforded the professional involved; and

4.  In reasonable belief that the facts warrant the action.

A professional review action shall be presumed to meet these standards unless the presumption is rebutted by a preponderance of the evidence.

B.  The notice required in paragraph 3 of subsection A of this section must:

1.  State that a professional review action has been proposed against the professional;

2.  Inform the professional, in detail sufficient for him to prepare a defense, of the reasons for the proposed action;

3.  State that the professional may request a hearing whether he has been previously contacted about the proposed action or complaint on which it is founded or not;

4.  Inform the professional of the time limit of not less than twenty (20) days in which he must request a hearing or lose such right;

5.  Explain the hearing procedure that will be used or the choice of procedures available for the professional's choice if a hearing is requested; and

6.  State that if a choice of hearing procedures is available, the professional must choose at the time he requests the hearing.

C.  If the affected professional requests a hearing on a timely basis, the professional review body must give the professional notice no less than ten (10) days before the hearing of the place, time and date of the hearing, of the witnesses expected to be called against him, and of the exhibits expected to be used against him.

D.  At the option of the professional review body, the hearing may be held before:

1.  An arbitrator mutually acceptable to the professional and professional review body;

2.  A hearing officer appointed by the professional review body provided the hearing officer is not in direct economic competition with the affected professional;

3.  A panel of individuals appointed by the professional review body provided the individuals are not in direct economic competition with the affected professional; or

4.  The entire professional review body.

E.  The professional shall:

1.  Have the right to be represented by legal counsel at any stage of the proceedings;

2.  Have the right to have a record made of the hearing proceedings, copies of which may be obtained by the professional upon payment of reasonable fees set by the professional review body;

3.  Have the right to call, examine and cross-examine witnesses;

4.  Have the right to present evidence on his behalf which the arbitrator, hearing officer or chairman of the hearing panel determines is relevant;

5.  Have the right to submit a written statement at the conclusion of the hearing;

6.  Forfeit his right to a hearing if he fails without good cause shown to attend a properly scheduled hearing for which proper notice has been mailed by certified United States mail, return receipt requested; and

7.  Receive a written statement explaining the action or decision not to act of the professional review body.

Added by Laws 1987, c. 78, § 9, eff. Nov. 1, 1987.