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§ 3999.140. Informal Hearings.

15 CA ADC § 3999.140Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 2. Rules and Regulations of Health Care Services
Subchapter 1. Health Care Governance and Administration
Article 4. Professional Workforce
15 CCR § 3999.140
§ 3999.140. Informal Hearings.
Currentness
(a) The Informal Hearing shall afford a licensed medical provider an opportunity to respond to allegations that provide the basis for a modification of privileges.
(b) Within three business days after the Medical Peer Review Committee (MPRC) votes to modify a licensed medical provider's privileges in any manner, the Professional Practice Evaluation Support Unit (PPESU) shall notify the medical provider in writing via a Notice of MPRC Action. The notice shall be personally served or served by overnight mail to the last known address of the medical provider with Proof of Service and return receipt requested. The notification shall contain the following:
(1) The MPRC determination.
(2) Identification of any privilege modifications imposed.
(3) A statement that a Peer Review Formal Investigation shall be conducted into the matter.
(4) A statement of the facts relied upon by the MPRC to support its determination of privilege modification is necessary until the matter is closed including a summary of one or more specific cases or incidents giving rise to the determination of imminent danger.
(5) A description of the Informal Hearing procedure to rebut the Notice of MPRC Action, to include how to request an Informal Hearing and the licensed medical provider's right to have a representative at the Informal Hearing. The licensed medical provider may rebut a privileging action by informing the PPESU by telephone, electronic mail, in person, or by U.S. Mail.
(6) Copies of the documents relied upon by the MPRC to make its decision to modify privileges.
(7) Information about how to make an appointment to examine additional relevant documents that are in the possession or under the control of the Department within five calendar days from service of the Notice of MPRC Action.
(8) A notification that any request for an Informal Hearing regarding the privilege modification must be made within five business days of service of the Notice of MPRC Action.
(9) Notification that, if the licensed medical provider participates in an Informal Hearing, the MPRC shall record the Informal Hearing and that the licensed medical provider may make their own recording of the Informal Hearing.
(10) A notification that pursuant to 42 United States Code section 11101 and Business and Professions Code section 805, certain specified summary suspensions must be filed with the medical provider's licensing board, or the National Practitioner Data Bank.
(c) If an Informal Hearing is requested, within two business days of receiving a timely request the PPESU shall schedule the hearing to occur no later than ten calendar days after the effective date of a summary privilege suspension or modification.
(1) Failing to request a hearing shall not be deemed an admission of the charges leading to the privilege modification and shall not prejudice the licensed medical provider's right to participate in any Peer Review Formal Investigation pertaining to the same matter or the licensed medical provider's right to appeal any Final Proposed Action of the Health Care Executive Committee.
(d) During the hearing:
(1) The licensed medical provider may be accompanied by a representative of their choice.
(2) The Informal Hearing shall be recorded by the MPRC and may be recorded by the licensed medical provider.
(3) The licensed medical provider may make a statement concerning the clinical performance at issue on terms and conditions imposed by the MPRC.
(4) No witness shall present evidence and no witness testimony shall be taken. However, when necessary, the referring party may be consulted by the MPRC during deliberations to clarify facts or ambiguities raised by the medical provider during their testimony.
(5) The licensed medical provider may provide the MPRC Chairperson with any relevant documents in their possession at the Informal Hearing.
(e) A written Informal Hearing decision shall be rendered no more than 14 calendar days after the effective date of the summary privileging action. The written decision shall be included in the licensed medical provider's peer review file, and a copy of the decision shall be sent to the licensed medical provider and the hiring/contracting authority.
(1) If the MPRC votes to rescind an existing privileging modification or replace it with a different privilege modification or corrective measure, the MPRC shall refer the matter for Peer Review Formal Investigation into the clinical performance of the subject medical provider.
(2) If the MPRC votes to rescind the existing privileging modification and not replace it with a different privilege modification, the MPRC may still refer the matter for a Peer Review Formal Investigation and reinstate the medical provider's privileges, or refer the matter back to the institution for a Professional Practice Evaluation, with a reinstatement of privileges.
(3) If the MPRC votes to uphold and retain the initial privileging modifications, the MPRC shall refer the matter for Peer Review Formal Investigation. All of the records and proceedings of the Informal Hearing shall become part of the record for consideration within the Peer Review Formal Investigation.

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
History
1. New section filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL 6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3999.140, 15 CA ADC § 3999.140
End of Document