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Committee drafts rule to allow discipline after repeated peer-review failures
Summary
Members reviewed a new rule that would permit board discipline when a licensee fails peer review more than once; counsel proposed putting that language in the discipline division rather than a separate division and treating repeated failure notice as prima facie evidence.
The Laws and Rules Committee discussed a proposed addition to discipline rules that would allow the board to sanction licensees who fail peer review more than once. Counsel presented language framing repeated peer-review failure as a discipline trigger and suggested placement in Division 30 (discipline) rather than Division 50.
Committee legal counsel explained the rule would read, in effect, that upon notification to the board that a licensee has failed peer review more than once, the board "may discipline the licensee or registrant for failing peer review in accordance with" the relevant statute and that that notification will constitute prima facie evidence of failure on repeated occurrences. Members debated the correct division placement and asked staff to adjust citations and formatting for publishing.
The committee asked staff to refine the draft (citation, division placement) and bring updated language back for consideration. There was no final vote to adopt the language at this meeting; the committee treated the change as a policy direction to move the draft into the discipline section for further legal refinement.
