Section 5 .
Hearing Panel and Presiding Officer or Hearing Officer
5.1 Hearing Panel
a . When a hearing is requested , a hearing panel of not fewer than three individuals will be appointed . This panel will be appointed by a joint decision of the CEO and the Chief of Staff . No individual appointed to the hearing panel shall have actively participated in the consideration of the matter involved at any previous level . However , mere knowledge of the matter involved shall not preclude any individual from serving as a member of the hearing panel . Employment by , or a contract with , the hospital or an affiliate shall not preclude any individual from serving on the hearing panel . Hearing panel members need not be members of the hospital medical staff . When the issue before the panel is a question of clinical competence , all panel members shall be clinical practitioners . Panel members need not be clinicians in the same specialty as the member requesting the hearing .
b . The hearing panel shall not include any individual who is in direct economic competition with the affected practitioner or any such individual who is professionally associated with or related to the affected practitioner . This restriction on appointment shall include any individual designated as the chair or the presiding officer .
c . The CEO or designee shall notify the practitioner requesting the hearing of the names of the panel members and the date by which the practitioner must object , if at all , to appointment of any member ( s ). Any objection to any member of the hearing panel or to the hearing officer or presiding officer shall be made in writing to the CEO , who , in conjunction with the Chief of Staff , shall determine whether a replacement panel member should be identified . Although the practitioner who is the subject of the hearing may object to a panel member , s / he is not entitled to veto that member ’ s participation . Final authority to appoint panel members will rest with the CEO and the Chief of Staff .
5.2 Hearing Panel Chairperson or Presiding Officer
5.2.1 In lieu of a hearing panel chair , the CEO , acting for the Board and after considering the recommendations of the Chief of Staff ( or those of the chair of the Board , if the hearing is occasioned by a Board determination ) may appoint an attorney at law or other individual experienced in legal proceedings as presiding officer . Such presiding officer will not act as a prosecuting officer , or as an advocate for either side at the hearing . The presiding officer may participate in the private deliberations of the hearing panel and may serve as a legal advisor to it , but shall not be entitled to vote on its recommendation .
5.2.2 If no presiding officer has been appointed , a chair of the hearing panel shall be appointed by the CEO to serve as the presiding officer and shall be entitled to one vote .
5.2.3 The presiding officer ( or hearing panel chair ) shall do the following :
a . Act to insure that all participants in the hearing have a reasonable opportunity to be heard and to present oral and documentary evidence subject to reasonable limits on the number of witnesses and duration of direct and cross examination , applicable to both sides , as may be necessary to avoid cumulative or irrelevant testimony or to prevent abuse of the hearing process ;
b . Prohibit conduct or presentation of evidence that is cumulative , excessive , irrelevant , or abusive , or that causes undue delay . In general , it is expected that a hearing will last no more than fifteen hours ;
MEDICAL STAFF Investigations , Corrective Action , Hearing and Appeal Plan
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