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HCR 114

HEALTH: Directs the Louisiana Board of Medical Examiners to study the feasibility and practicality of creating a physician review panel

2026 Regular Session Introduced by Jason DeWitt

A two-year study would evaluate creating a pre-disciplinary physician review panel to handle select complaints before formal action, including scope, procedures, and impact.

Taken by the Clerk of the House and presented to the Secretary of State in accordance with the Rules of the House.
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Bill Summary · HCR 114

Purpose of the Bill

  • HCR 114 directs the Louisiana State Board of Medical Examiners (LSBME) to conduct a two-year study on the feasibility and advisability of establishing a physician review panel process for certain complaints against physicians. The review panel would consider complaints prior to escalation to formal disciplinary proceedings.

  • The study aims to assess whether a pre-disciplinary, panel-based review could improve issue resolution in cases involving clinical decision making, diagnosis, treatment, prescribing, supervision of care, documentation, or standard of care.

Key Provisions and Changes Proposed

  • Scope of Study

    • Determine which complaints should be eligible for physician review panel consideration (e.g., clinical judgment issues) and which should be excluded (e.g., billing/financial disputes, sexual misconduct).
    • Decide whether panel consideration would be mandatory or optional for the physician under review.
    • Assess whether tolling of certain time limits (per R.S. 37:1285.2(A)(2)) should occur during panel review.

  • Panel Composition and Qualifications

    • Establish appropriate qualifications for panel members, including active clinical practice requirements and board certification in a recognized specialty when available.
    • Consider using physicians from the same or a substantially similar specialty, and allow non-board-certified physicians with substantial relevant experience if board-certified physicians are unavailable.

  • Panel Procedures

    • Define procedures for empaneling panels, including member designation timelines, deadlock resolution for a third member, and processes for vacancies, recusals, and disqualifications.

  • Role and Impact of Panel Recommendations

    • Clarify whether a panel's recommendation would be advisory or carry greater weight in disciplinary decisions.

  • Confidentiality and Protections

    • Propose confidentiality protections for panel records, notes, data, recommendations, findings, and proceedings, potentially mirroring protections in existing statutes (e.g., R.S. 13:3715.3).

  • Compensation and Fees

    • Consider appropriate compensation for panel members and whether a fee should be imposed on physicians who elect panel consideration (including potential fee caps).

  • Administrative and Practical Considerations

    • Evaluate the impact on administrative efficiency, physician participation, due process, public protection, and timely resolution of complaints.

  • Consultation and Reporting

    • The LSBME must consult with the Louisiana State Medical Society, physicians from various specialties, and other appropriate stakeholders.
    • Progress report due by December 1, 2027; final report with findings, conclusions, and recommendations due by February 1, 2028 to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

Who Would Be Affected

  • Physicians who are the subject of complaints that fall within the panel-eligible scope.
  • The Louisiana State Board of Medical Examiners (LSBME) as the entity conducting and overseeing the study.
  • Stakeholders in the medical community, including the Louisiana State Medical Society, physicians across various specialties, and other interested parties consulted during the study.

Procedural and Timeline Aspects

  • Legislative directive to conduct a two-year study beginning in 2026.
  • Initial progress report: no later than December 1, 2027.
  • Final written report: no later than February 1, 2028.
  • Reports to be submitted to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
  • The resolution directs transmission of copies to the LSBME executive director and the Louisiana State Medical Society president.

Background Context

  • The resolution references a related measure, House Bill 1227 of the 2026 Regular Session, which proposed creating a physician peer-review panel process for complaints involving clinical decision making and related areas. HCR 114 seeks to study feasibility and advisability before potentially enacting such a statutory process.

Summary

HCR 114 is a two-year, non-binding directive to study whether a physician review panel could be established to handle certain complaints against physicians before formal disciplinary action. The study would evaluate eligibility criteria, mandatory vs. optional participation, time tolling, panel composition and qualifications, procedures, the legal weight of panel recommendations, confidentiality protections, compensation, and overall impact on efficiency and due process. The board must consult stakeholders and report findings and recommendations in early 2028.

Compiled from official sources — confirm details with the bill’s official record.

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