DEPARTMENT REVIEW OF DECISIONS

BY DISCIPLINARY SUBCOMMITTEES

Senate Bill 578 (Substitute H-3)                                           (Enacted as Public Act 98 of 2014)

Sponsor:  Sen. Rick Jones

House Committee:  Regulatory Reform

Senate Committee:  Reforms, Restructuring and Reinventing

Complete to 3-13-14

A SUMMARY OF SENATE BILL 578 AS REPORTED BY HOUSE COMMITTEE

The bill would amend Article 15 (Occupations) of the Public Health Code to allow the Department of Licensing and Regulatory Affairs to review a final decision of a disciplinary subcommittee of a board or task force within 30 days after the date of the decision.  [Under Article 15, the chair of a board or task force can appoint one or more disciplinary subcommittees to investigate allegations of improper conduct by licensees.]

If the department determined that the action taken by the subcommittee does not protect the health, safety, and welfare of the public, then it could (with the approval of the board chair) set aside the decision and issue a different final action.  The final action of the department would serve as the final action on the matter and would be subject to judicial review in the same manner as the final decision of the disciplinary subcommittee.

Beginning July 1, 2015, LARA would have to include on its public licensing and registration website each final decision where disciplinary action is taken against a licensee, including the reason for and description of the disciplinary action.

The bill would take effect July 1, 2014.

FISCAL IMPACT:

The bill would not have a significant impact on the state or local units of government.

                                                                                        Legislative Analyst:   Jeff Stoutenburg

                                                                                                                           Chris Couch

                                                                                                Fiscal Analyst:   Paul Holland

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.