12.07.2015 Views

Medical Staff Bylaws - Arkansas Children's Hospital

Medical Staff Bylaws - Arkansas Children's Hospital

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10.6.6 Utilization of Attorneys. Attorneys representing the adversary representative and theattorney or representative of the affected Applicant or Practitioner who has requested the hearing may bepresent at the hearing, advise their client, and participate in resolving procedural matters. Attorneys maynot introduce evidence, including, but not limited to, examining or cross-examining witnesses with theunderstanding that the hearings provided for in these <strong>Bylaws</strong> are for the purpose of resolving, on anintra-professional basis, matters bearing on professional competency and conduct and are not a judicialforum. If attorneys are utilized by either the Applicant or Practitioner or adversary representative, theyshould strive to facilitate, and not hinder, the hearing process in order that a prompt and fair decisionmay be made by the hearing committee.10.6.7 Clarification of Issues.A. Outline of Case. At least fifteen (15) business days prior to the scheduled date of ahearing, the affected Applicant or Practitioner and the adversary representative shalleach submit an outline and written documentation to the Chief Executive Officer fortransmittal to the committee and to the other party setting forth, so far as is thenreasonably known:1. Issues which each party proposes to raise at the hearing.2. Witnesses whom each party proposes to call at the hearing and the subject orsubjects on which such witnesses will testify.3. A description of all written or documentary evidence that each partyanticipates introducing as evidence at the hearing.4. A short summary of what the party expects to demonstrate at the hearing insupport of its position.5. The specific result or results requested from the hearing committee.B. Pre-hearing Conference. Prior to the scheduled commencement of the hearing, thecommittee or its chairman or Presiding Officer shall meet with the parties for thepurpose of conducting a prehearing conference to discuss possible stipulations offacts, amendments to the grounds for action or the issues in dispute, and changes inthe witness or evidence list of each party. Any further procedures established for theconduct of the hearing shall be explained at such time. No attorneys for the partiesmay be present at the pre-hearing conference.C. Discovery. Except as expressly provided for in Section 10.6.7(a), no pre-hearingdiscovery, including but not limited to, requests for production of documents ordepositions, is allowed.10.6.8 Issues. Once a hearing has been requested, the hearing committee shall not be bound bythe statement of grounds on which the prior action or recommendation of the MSEC was based. Instead,42

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