Oklahoma § 76-28 - Professional review body - Requirements for protection from

§ 76-28. Professional review body - Requirements for protection from

liability.

Protection from liability pursuant to Section 6 of this act

shall be available only on the condition that the professional

review action is taken or recommendation is made under the following

requirements:

A. The action is taken:

1. In reasonable belief that it will maintain or enhance the

quality of professional standards of conduct or competence;

2. After reasonable effort to obtain facts pertinent to the

matter;

3. After adequate notice and opportunity to be heard are

afforded the professional involved; and

4. In reasonable belief that the facts warrant the action.

A professional review action shall be presumed to meet these

standards unless the presumption is rebutted by a preponderance of

the evidence.

B. The notice required in paragraph 3 of subsection A of this

section must:

1. State that a professional review action has been proposed

against the professional;

2. Inform the professional, in detail sufficient for him to

prepare a defense, of the reasons for the proposed action;

3. State that the professional may request a hearing whether he

has been previously contacted about the proposed action or complaint

on which it is founded or not;

4. Inform the professional of the time limit of not less than

twenty (20) days in which he must request a hearing or lose such

right;

5. Explain the hearing procedure that will be used or the

choice of procedures available for the professional's choice if a

hearing is requested; and

Oklahoma Statutes - Title 76. Torts

6. State that if a choice of hearing procedures is available,

the professional must choose at the time he requests the hearing.

C. If the affected professional requests a hearing on a timely

basis, the professional review body must give the professional

notice no less than ten (10) days before the hearing of the place,

time and date of the hearing, of the witnesses expected to be called

against him, and of the exhibits expected to be used against him.

D. At the option of the professional review body, the hearing

may be held before:

1. An arbitrator mutually acceptable to the professional and

professional review body;

2. A hearing officer appointed by the professional review body

provided the hearing officer is not in direct economic competition

with the affected professional;

3. A panel of individuals appointed by the professional review

body provided the individuals are not in direct economic competition

with the affected professional; or

4. The entire professional review body.

E. The professional shall:

1. Have the right to be represented by legal counsel at any

stage of the proceedings;

2. Have the right to have a record made of the hearing

proceedings, copies of which may be obtained by the professional

upon payment of reasonable fees set by the professional review body;

3. Have the right to call, examine and cross-examine witnesses;

4. Have the right to present evidence on his behalf which the

arbitrator, hearing officer or chairman of the hearing panel

determines is relevant;

5. Have the right to submit a written statement at the

conclusion of the hearing;

6. Forfeit his right to a hearing if he fails without good

cause shown to attend a properly scheduled hearing for which proper

notice has been mailed by certified United States mail, return

receipt requested; and

7. Receive a written statement explaining the action or

decision not to act of the professional review body.

Added by Laws 1987, c. 78, § 9, eff. Nov. 1, 1987.