12.07.2015 Views

Medical Staff Bylaws - Arkansas Children's Hospital

Medical Staff Bylaws - Arkansas Children's Hospital

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10.6 Hearing ProcedureE. Request that other Practitioners or outside experts examine questions within theirrespective specialties or questions where a dispute exists between the position of theaffected Practitioner and the adversary representative, and report to the hearingcommittee their opinions and the basis for those opinions;F. Direct the attendance and participation of witnesses, and the submission andintroduction of documentary evidence, whether or not proffered by the adversaryrepresentative or the affected Applicant or Practitioner;G. Rule on the admissibility of evidence and determine the weight to be accorded toevidence which is admitted; andH. Take such other actions as will facilitate its business.10.6.1 Personal Presence. The personal presence of the Applicant or Practitioner is required. AnApplicant or Practitioner who fails without good cause to appear and proceed at the hearing shall bedeemed to waive his/her rights in the same manner and with the same consequences as provided inSection 10.4.1 and 10.4.3.10.6.2 Presiding Officer. The Chief Executive Officer may appoint a Presiding Officer. Eitherthe Presiding Officer, if one is appointed, or the chairman of the hearing committee or his/her designeeshall preside over the hearing to assure that all participants in the hearing have a reasonable opportunityto present relevant oral and documentary evidence and to maintain decorum. If a Presiding Officer isutilized, he/she may be an attorney at law. An attorney may not serve as Presiding Officer andsimultaneously represent the adverse recommendation.10.6.3 Committee Members. Members of the hearing committee are actively encouraged to takea participatory role in the proceedings, to question witnesses, to call upon witnesses for informationwithin their possession, to direct the submission of additional evidence and documentation, to questionthe adversary representative and the affected Applicant or Practitioner, and to see that the recordcontains all information which the committee considers necessary in order to reach a decision.10.6.4 Representation of the Adverse Recommendation. If the action which prompted thehearing was taken by a committee of the <strong>Staff</strong>, it shall appoint one or more of its members orPractitioners to represent it at the hearing. If the action which promoted the hearing was taken by theBoard of Directors, it shall appoint one or more of its members to represent it at the hearing. Suchadversary representatives shall have the obligation to present the facts in support of the adverse action,and to otherwise participate fully in the hearing.10.6.5 Representation of the Practitioner. The affected Applicant or Practitioner is entitled tohave an attorney or other representative of his/her choice at the hearing within the parameters of Section10.6.6.41

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