Medical Staff Bylaws - Arkansas Children's Hospital

B. A hearing occasioned by an adverse action of the Board of Directors undercircumstances where the Applicant or Practitioner had no previous right to request ahearing shall be conducted by a hearing committee appointed by the Chairman ofthe Board of Directors and composed of not less than three persons. The hearingcommittee may name such non-voting, advisory members to assist it as it deemsnecessary.10.5.4 Service on Hearing Committee Composed Under Section 10.5.3(a). The followingprovisions of this Section 10.5.4 apply only to hearing committees composed under Section 10.5.3(a):A. Prior involvement of a Medical Staff member in formulation of the adverse actionwhich occasioned the hearing bars participation as a hearing committee member.B. The hearing committee shall exclude as members persons who are in directeconomic competition with the affected Applicant or Practitioner. Such exclusionmay initially be effected by the determination of the Chief Executive Officer or theperson himself/herself. The affected Applicant or Practitioner shall be notified ofthe names of the hearing committee members and may object to any committeemember on the basis of such committee member being in direct economiccompetition with him. The remaining hearing committee members shall rule on anysuch objection. Failure of the affected Applicant or Practitioner to so object as toany committee member shall be deemed a waiver of his/her right to do so.C. If one or more persons are excluded from the hearing committee, the ChiefExecutive Officer shall, in his/her discretion, determine whether a sufficient numberof hearing committee members remain to conduct the hearing. If this determinationis in the negative, the Chief Executive Officer may, in his/her discretion, nameadditional hearing committee members or an arbitrator to serve as the trier of fact atthe hearing. Any determination by the Chief Executive Officer to name additionalhearing committee members or not, or to name an arbitrator or not, shall be finaland binding on all parties.10.5.5 Authority of Hearing Committee. The hearing committee shall have the authority to:A. Establish the time, place, manner and procedure for conducting the hearing,consistent with these Bylaws;B. Clarify and narrow the issues to the extent possible;C. Hold a preliminary meeting with the parties for the purpose of clarifying issues,establishing procedures, or otherwise aiding the committee;D. Conduct a hearing, consider and receive evidence, and deliberate and reach adetermination in the form of a final recommendation;40