ON MARCH 30, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 221, AS AMENDED.
AMENDMENT #1 rewrites this bill to make the following changes to present law relative to the board of medical examiners and consultants:
(1) Requires the division of health related boards to consult the board in the hiring of a medical consultant;
(2) Provides that individual board members designated and authorized by the board, or another licensed physician designated and authorized by the board, are each vested with authority as consultants to the board to do the following:
(A) Review and make recommendations to the board on applications for licensure, certification, exemption, renewal, reinstatement, and reactivation, subject to the rules governing such applications;
(B) In consultation with the office of general counsel, determine what, if any, investigation should be instituted upon complaints received by the division;
(C) In consultation with the office of general counsel and in accordance with board guidelines, decide whether a licensee who is the subject of a complaint or investigation is an appropriate candidate for diversion to a professional peer review organization or impaired professional association;
(D) In consultation with the office of general counsel, determine what, if any, complaints or investigations should be referred to the office of general counsel to pursue formal disciplinary action;
(E) In consultation with the office of general counsel, determine what, if any, terms of proposed settlement may be offered in any matter referred to the office of general counsel to pursue formal disciplinary action. No proposed settlement is binding upon any party unless and until it is accepted by a majority vote of the entire board or a duly constituted panel of the board; and
(F) In consultation with the office of general counsel, determine the terms upon which the division can agree to tentatively settle a pending disciplinary action. A tentative settlement is not binding upon any party unless and until it is accepted by a majority of the entire board or a duly constituted panel of the board;
(3) Clarifies that the board may withdraw its designation and authorization for a consultant to perform all or part of the acts listed in (A)-(F) above. In addition, the department must provide biannual surveys to the board for board feedback and review of the consultant described in this amendment; and
(4) Authorizes the board to promulgate rules to govern the manner in which the board reviews the work of such consultants.
ON APRIL 13, 2023, THE HOUSE SUBSTITUTED SENATE BILL 221 FOR HOUSE BILL 273, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 221, AS AMENDED.
AMENDMENT #1 incorporates the changes made by Senate Amendment #1 but replaces authorization for individual board members designated and authorized by the board, or another licensed physician designated and authorized by the board, to act as consultants to the board with authorization for a licensed physician, hired by the division in consultation with the board, and designated and authorized by the board, to act as a consultant to the board in the performance of the tasks described in the Summary for Senate Amendment #1.

Statutes affected:
Introduced: 68-1-144
Amended with SA0321 -- 03/30/2023: 68-1-144, 63-6-101
Amended with SA0321, HA0403 -- 04/13/2023: 68-1-144, 63-6-101
Amended with SA0321, HA0403 -- 04/17/2023: 68-1-144, 63-6-101