Section 7 .
Appeal to the Hospital Board
7.1 Time for Appeal
Within ten ( 10 ) calendar days after the hearing panel makes a recommendation , either the practitioner subject to the hearing or the MEC may appeal the recommendation . The request for appellate review shall be in writing , and shall be delivered to the CEO or designee either in person or by certified mail , and shall include a brief statement of the reasons for appeal and the specific facts or circumstances which justify further review . If such appellate review is not requested within ten ( 10 ) calendar days , both parties shall be deemed to have accepted the recommendation involved , and the hearing panel ’ s report and recommendation shall be forwarded to the board .
7.2 Grounds for Appeal The grounds for appeal shall be limited to the following :
a . There was substantial failure to comply with the medical staff bylaws prior to or during the hearing so as to deny a fair hearing ; or
b . The recommendation of the hearing panel was made arbitrarily , capriciously , or with prejudice ; or
c . The recommendation of the hearing panel was not supported by substantial evidence based upon the hearing record .
7.3 Time , Place , and Notice
Whenever an appeal is requested as set forth in the preceding sections , the chair of the Board shall schedule and arrange for an appellate review as soon as arrangements can be reasonably made , taking into account the schedules of all individuals involved . The affected individual shall be given notice of the time , place , and date of the appellate review . The chair of the Board may extend the time for appellate review for good cause .
7.4 Nature of Appellate Review
a . The chair of the Board shall appoint a review panel composed of at least three ( 3 ) members of the Board to consider the information upon which the recommendation before the Board was made . Members of this review panel may not be direct competitors of the practitioner under review and should not have participated in any formal investigation leading to the recommendation for corrective action that is under consideration .
b . The review panel may , but is not required to , accept additional oral or written evidence subject to the same procedural constraints in effect for the hearing panel or hearing officer . Such additional evidence shall be accepted only if the party seeking to admit it can demonstrate that it is new , relevant evidence and that any opportunity to admit it at the hearing was denied . If additional oral evidence or oral argument is conducted , the review panel shall maintain a record of any oral arguments or statements by a reporter present to make a record of the review or a recording of the proceedings . The cost of such reporter shall be borne by the hospital , but copies of the transcript shall be provided to the individual requesting the review at that individual ’ s expense . The review panel may , but shall not be required to , order that oral evidence shall be taken only on oath or affirmation administered by any person designated to administer such oaths and entitled to notarize documents in the State of Nevada .
MEDICAL STAFF Investigations , Corrective Action , Hearing and Appeal Plan
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