HCR 114

ENROLLED
2026 Regular Session
HOUSE CONCURRENT RESOLUTION NO. 114
BY REPRESENTATIVE DEWITT
  A CONCURRENT RESOLUTION
To authorize and direct the Louisiana State Board of Medical Examiners to study the
       feasibility and advisability of establishing a physician review panel process for
       certain complaints against physicians prior to escalation to formal disciplinary
       proceedings, with respect to the scope of the study, for consultation with interested
       parties, for a report of findings and recommendations, and to provide for related
       matters.
       WHEREAS, House Bill No. 1227 of the 2026 Regular Session proposed the creation
of a physician peer review panel process for complaints involving clinical decision making,
diagnosis, treatment, prescribing, supervision of clinical care, documentation of care, and
standard of care; and
       WHEREAS, complaints involving medical judgment may present issues distinct
from complaints primarily involving billing disputes, fee disputes, other financial
complaints, or allegations of sexual misconduct; and
       WHEREAS, creating a physician review panel process should be carefully studied
with respect to physician qualifications, board certification requirements, specialty matching,
selection procedures, timing, confidentiality protections, compensation, costs, and the
interaction of such a process with existing investigative deadlines and disciplinary authority
of the Louisiana State Board of Medical Examiners (LSBME); and
       WHEREAS, a study is necessary over a two-year period before determining whether
to enact a statutory physician review panel process.
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HCR NO. 114  ENROLLED
  THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
direct the Louisiana State Board of Medical Examiners to conduct, or cause to be conducted,
a two-year study of the feasibility and advisability of establishing a physician review panel
process for certain complaints against physicians prior to escalation to formal disciplinary
proceedings.
  BE IT FURTHER RESOLVED that the study shall examine all of the following
issues:
  (1) Whether complaints involving clinical decision making, diagnosis, treatment,
prescribing, supervision of clinical care, documentation of care, or standard of care should
be eligible for physician review panel consideration, and whether complaints primarily
involving billing disputes, fee disputes, other financial complaints, or allegations of sexual
misconduct should be excluded.
  (2) Whether physician review panel consideration should be mandatory or optional
at the election of the physician who is the subject of the complaint.
  (3) Whether the time limitation provided in R.S. 37:1285.2(A)(2) should be tolled
during physician review panel consideration.
  (4) Appropriate qualifications for panel members, including active clinical practice
requirements, board certification in a specialty recognized by the American Board of
Medical Specialties when reasonably available, use of physicians in the same specialty or
a substantially similar field of practice, and use of non-board-certified physicians when
board certification is unavailable and the physician has substantial experience in the area of
practice under review.
  (5) Appropriate procedures for empaneling physician review panels, including
deadlines for designation of members, methods of resolving deadlocks in the selection of a
third member, and procedures for filling vacancies or resolving recusals and
disqualifications.
  (6) The proper role and legal effect of a physician review panel recommendation,
including whether such a recommendation should be advisory only or entitled to greater
weight in the disciplinary process.
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HCR NO. 114  ENROLLED
       (7) Appropriate confidentiality protections for records, notes, data, studies, analyses,
exhibits, written recommendations, findings, determinations, and proceedings of the
physician review panel, including whether protections similar to those found in R.S.
13:3715.3 should apply.
       (8) Appropriate compensation for panel members and the advisability of imposing
a fee on a physician who elects physician review panel consideration, including whether any
such fee should be capped.
       (9) The effect such a process would have on administrative efficiency, physician
participation, due process, protection of the public, and the timely resolution of complaints.
       BE IT FURTHER RESOLVED that, in conducting the study, the LSBME shall
consult with representatives of the Louisiana State Medical Society, physicians from a
variety of specialties, and such other stakeholders as the board deems appropriate.
       BE IT FURTHER RESOLVED that the LSBME shall submit an initial progress
report on the study not later than December 1, 2027, and shall submit a final written report
of its findings, conclusions, and recommendations not later than February 1, 2028, to the
House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
       BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
executive director of the Louisiana State Board of Medical Examiners and to the president
of the Louisiana State Medical Society.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
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