HB 2059 Mandatory Reporting law

[Guest guest]

Dear Drs., I read the back and forth on the IME issue and

listened to a lot of the testimony at the legislature. I am not sure what

to think on the IME subject although having worked in a PI firm for nearly 30

years I have seen a lot of IMEs.

I am writing because an issue I heard during the legislative

testimony was an opinion that care rendered by the treating doctor was considered

a hazard and an expression of confusion by the person testifying as to why the

board did not ‘discover’ the hazard and discipline accordingly.

I know none of the circumstances of the case that was being

discussed but I wanted to bring up, again, HB 2059 that took effect in January

of 2010 (attached, please see page 2 line 8-14 for definitions of prohibited

and unprofessional conduct.) HB 2059 is a mandatory reporting law for

prohibited or unprofessional conduct that jeopardizes YOUR license for failure

to report such conduct to the licensees overseeing licensing board within 10

days of the occurrence or within 10 days of your knowledge of the occurrence.

As to the testifiers concern : I am not sure if

without a formal complaint that the board can expand the issue they are looking

at ie move from the initial complaint about the IME report to investigating the

treating doctor whose patient was the subject of the IME report. Perhaps a

board member can elucidate this for us?

One experience I wanted to share: I was at a meeting a

while back after HB 2059 took effect where a DC showed me a name blinded xray they

received from a prior treating doctor on his current patient. The film was very

disturbing and put the patient at great and serious risk. Given the severe

nature of the film and the potential for great harm to the patient I asked the

doctor if they were going to file a complaint with the board and gave them

info. about HB 2059. The doctor told me ‘no’ but when I informed

them that it was mandatory they said they would think about it. I have no idea if

a complaint was filed or not.

My point is - is that if you have a concern about care that endangers

the health, safety or welfare of a patient it is your legal duty to report it

to the overseeing board. You do not have to know the exact circumstances of the

issues. Nor do you need or have to ‘investigate’ yourself but you

must report.

I did not report the doctor for being reluctant to report. I

don’t know the patients name nor do I know for sure the doctors name who

showed me the film. I don’t think it was my duty to report this issue, I

could be wrong, but for sure it was my duty to inform the doctor about the

mandatory reporting law. Yet to this day the situation is haunting.

It is the boards’ duty to investigate complaints. The board

must get the records and have a person knowledgeable about the issue ie a

radiologist review the facts and give information. The board does not just say ‘no

statutory violation’ or ‘it is in our scope of practice’ so

our profession can do whatever they want and dismiss it, they MUST investigate

the medical facts of the case, determine scope of practice, standard of care

and how the outcome could or should have been changed had competent care been

rendered and act accordingly.

We may feel reluctant to report however, if we as a

profession want to evolve we must be willing to stand up for our profession and

be subject to critical review.

s. fuchs dc

1 of 1 File(s)

hb2059.a.pdf