Medical Staff Bylaws - Arkansas Children's Hospital

7.3.5.1 The notice will include a brief general description of the credentialing or peerreview considerations that led to the negative recommendation, as well as the right to a fair hearing andappeal process, and the deadline for requesting a hearing.7.3.5.2 No adverse recommendation need be forwarded to the Board of Directors untilafter the Practitioner has exercised or has been deemed to have waived his or her right to a hearing asprovided in these Bylaws.7.3.5.3 If, after the MSEC has considered the report and recommendation of thehearing committee and the hearing record, the Committee's reconsidered recommendation is favorable tothe Practitioner, it will be processed in accordance with the Bylaws by the Board of Directors. If therecommendation remains adverse, the Chief Executive Officer will promptly so notify the Practitioner,by certified mail, return receipt requested. The Chief Executive Officer will also forward suchrecommendation and documentation to the Board of Directors. The Board of Directors will take noaction on the recommendation until after the Practitioner has exercised or has been deemed to havewaived his/her right to an appellate review as provided in these Bylaws.7.3.5.4 At its next regular meeting after receipt of a favorable recommendation, theBoard of Directors or its Executive Committee will act in the matter. If the Board of Director’s decisionis adverse to the Practitioner with respect to either appointment or clinical privileges, the ChiefExecutive Officer will promptly notify him/her of the adverse decision by certified mail, return receiptrequested, and the adverse decision will be held in abeyance until the Practitioner has exercised or hasbeen deemed to have waived his/her rights under these Bylaws.7.3.5.5 At its next regular meeting after all of the Practitioner's rights have beenexhausted or waived, the Board of Directors or its duly authorized committee will act in the matter. TheBoard of Director’s decision will be conclusive, except that the Board of Directors may defer finaldetermination by referring the matter back for further reconsideration. Any referral back will state thereasons, will set a time limit within which a subsequent recommendation to the Board of Directors willbe made, and may include a directive that an additional hearing be conducted to clarify issues which arein doubt. At its next regular meeting after receipt of subsequent recommendation, and new evidence inthe matter, if any, the Board of Directors will make a decision either to appoint the Practitioner to thestaff or to reject him/her for staff membership. All decisions to appoint will include a delineation of theclinical privileges which the Practitioner may exercise.7.3.5.6 Whenever the Board of Director’s decision is contrary to the recommendationof the MSEC, the Board of Directors will submit the matter to the Chief of Staff for review andrecommendation and will consider this recommendation before making its decision final.7.3.5.7 When the Board of Director’s decision is final, it will send notice of thedecision through the Chief Executive Officer to the Chief of Staff, to the Chief of Service concerned,and by certified mail, return receipt requested, to the Practitioner.15