H.B. 164 Health Care Patient Reporting to the Division of Professional Licensing: transcript

Thank you Mr. Chair. And I apologize. I have, um, a little bit of a cough today. It was too many early morning Zoom meetings. Well then we can put you on the next agenda if you don't mind. No, if you wanna go rest just A bit. Thank you. Okay. Um, no. So this bill is really quite simple. Um, it just says that if a patient discloses something to anyone in the office that rises to the already existing level of professional misconduct, then the healthcare office needs to provide that patient how to file a, a complaint against that provider with Doppel. Um, the substitute that I'd like to speak to actually, if that's okay, Mr. Chair, That'd be great. And then we'll make a motion to adopt. Perfect. The substitute combines, um, another house bill that was originally filed by Representative Loubet, um, that actually builds on this. And it says that if, um, a provider requires a patient to sign a non-disclosure agreement related to professional misconduct, but has not provided them the information on how to file with Dopel, then that non-disclosure agreement is null en void. This was brought to me by a young lady who had had a breast augmentation procedure, um, who during her postoperative care was actually hit up on a dating app by her surgeon. Um, she was in the office a few weeks later for a follow-up appointment and the surgeon did the full procedure and the full physical examination that came along with that as part of her follow-up care. Um, at the end of that appointment, he informed her that he could no longer be her doctor because of the dating app experience, but this was after he had already done a physical examination. She reported this to the front desk who offered her $4,000 to sign a non-disclosure agreement. She said no, they increased their offer, she said no again. And that is why we're here today trying to help, um, keep other patients out of this situation. And I'm happy to answer questions.

Thank you. Move, uh, let me make sure I get the HP 1 64 Patient disclosure amendments fa favorable recommendation. That's in order. Would I speak to it? Uh, important piece of legislation. Thank you for the sponsor.

Appreciate the motion and I would love to be considered for consent if it becomes applicable.

Thank You. Am I on? There we go. Thank you, Madam Chair, members of the committee. Um, this is a pretty simple concept. Essentially what the bill says is if a patient alleges, um, a violation of professional misconduct to anyone in the office, then that office personnel would essentially have to provide that patient with how to file a formal complaint with Doppel. We're not changing what professional misconduct means. We're not changing the doppel process, we're just creating a bridge. So this was brought to me by a young lady who had plastic surgery done, and after her procedure, during her post-op care period, her plastic surgeon hit her up on a dating app. Um, she responded to that plastic surgeon and said, you are my doctor. This is not appropriate. And it was left at that. She went in for a follow-up, she'd had a breast augmentation surgery done, and he had her topless on the table, poke, squeeze, prod, all of the things that you would do during a follow-up appointment. And then at the end of that appointment, informed her that he would no longer be able to see her as a patient because of the dating app situation. And she was essentially booted from the practice. She reported this to the office manager of the clinic who offered her $4,000 to sign a nondisclosure agreement. She said, no, this is not okay. I'm not gonna do that. They offered her $8,000 to sign that same agreement. Um, she said, no, and that is why we are here today, because we are going to try to create that bridge that says if a provider does something that is reported to anyone in the office, again, not changing any of the processes except for they now have to give that patient in writing how they can file that complaint. And I'm happy to answer questions.

It does. Thank you. Okay, perfect.

Yep. Thank you for bringing this issue forward. Um, my question is just after that initial point of contact, um, should they remain, um, with that, maybe not that same provider, but at the same facility or clinic, um, is there also a requirement for follow-up disclosures annually or something like that? Or is it just the one time?

Um, we are only looking at the one time notice for how to file that professional complaint. It's my opinion that that provider should no longer have a medical license due to what's happened. And it turns out there was actually a history of repeated offenses with this particular provider, but many of them went unreported initially. We're just hoping to change that reporting number.

Yeah. Would, would it meet the requirement of this if the office were to just post this somewhere, like at the front desk of the office, like how to, how to file a complaint kind of a thing? Or does this actually need to be handed to them after the, the complaint was filed? What, what would meet the requirement, I guess, on this? So

We actually leave it a little bit vague intentionally because we don't wanna do a heavy handed approach. We do want the offices to be able to make it work for them. Um, so the actual requirement is that it's provided to them in writing. So that could be a paper they hand out, that could be an email that they send. Um, we kind of leave that up to the individual practice to work out. Okay.

Thank you. Madam Chair. Can you just think through with me for a minute? So the case that you mentioned is a particularly egregious case. Um, what's the larger world of these kinds of complaints? Like, right, so here it's unprofessional conduct and unlawful conduct. Is this really mainly, which is enough to pass the bill a about a sexual approach? Um, or are there other kinds of things that were, it's not, maybe even office manager doesn't know what constitutes unprofessional conduct or, or unlawful conduct? Again, I'm not saying against the bill, I'm saying what all does, is there a larger world in that case that really would be included? And, and would it for sure be clear to the office manager what those other things might be? So I believe so. Um, I believe that professional conduct is already spelled out in the Medical Practice Act. You would know that better than I would. Um, and so we are really just targeting anything Sure. Within that realm. And so they should be able to, to pull up that practice act to see what those things are. I would assume that someone in a medical office would also just be able to have a good idea off the top of their head whether something crosses that line or not. Ultimately, it'll be up to them to figure it out. I guess they, you know, there's a lot of things on there, and they're all important things. They're not always as clear cut as that, as that example. Right. But again, that's not a reason to not pass it, but would bear some thought by their HR department, I guess.

Representative Clancy. Thank you, Madam Chair. I'd like to make a motion that we favorably recommend this legislation, uh, out of this committee with a favorable recommendation.

Appreciate the motion. Thanks. Okay.

Thank you. I'll waive.

The bill has been circled. Madam Reading Clerk House Bill 1 64 Patient disclosure Amendments by representative Gracious, this bill was heard in Health and Human Services with a vote of 13 0 1

Representative gracious, Thank you Mr. Speaker. This bill is quite simple. It just says if a patient alleges anything that could constitute professional misconduct in a medical facility to anyone in the office, that the office just has to provide that patient in writing. How to file that complaint with Doppel. This was brought to me by someone whose surgeon had hit them up on a dating app during post-op care, um, and attempted to initiate an inappropriate relationship as far as the provider patient, um, dynamic goes and she reported it to the front desk in the clinic who offered her $4,000 to sign a non-disclosure agreement. Um, she didn't sign it. They came back and they increased that offer. She said no. And so here we are just making sure that patients know how they can file those complaints and I'm happy to answer questions.

I'll waive. Thank you. Summation has been waived.

Mr. President present this, this bill addresses non-disclosure clauses and required disclosures that must be made to a patient, um, regarding reporting to the Division of Professional Licensing. Okay. Again, pull up Mike A. Little closer. I don't know if we got all that on the chamber. Just one more time that the explanation It addresses non-disclosure clauses and required disclosures that must be made to a patient regarding reporting to the Division of Professional Licensing. Thank you. And again, there's no debate so I need a motion to pass.

Senator Spry Blue in Blue and I Brammer Aye. Bus Aye. Colmore Escamia Fillmore Grover. Aye. Harper Aye. Kins Aye. Ipson Aye. Johnson Aye. Juab Aye. McKay Aye. Macl Aye. Milner Musselman Owens Pitcher Plum Rebe Aye. Sandal Stevenson Stratton. Yes. Bickers Aye. Bier Aye. Wilson Aye. Aye. Winterton Aye. Bill Moore Aye. President Adams Aye. First substitute House Bill 1 64.

Senator Kel, thank you. Thank you Mr. President. So this bill enacts the Uniform Electronic

First substitute House bill 1 64. Healthcare patient reporting to the Division of Professional Licensing by Representative Gricius.

Thank you Mr. Speaker. Motion to concur

Yes. Unlike usual bills that come back on concurrencies are house originated changes. Um, we combined two bills, um, that are both house bills. And so all the bill does at the end of the day is it says if a patient reports something that rises to that level of professional misconduct, the office has to provide how to file the complaint with Doppel prior to offering an NDA. And if they do not do that, the NDA is null and void.