Medical Staff Bylaws - Arkansas Children's Hospital

oral statement. Any subsequent request or submission shall not be considered as apart of appellate review.C. The failure of the affected Applicant or Practitioner to include in his/her request forappellate review a request for consideration of specifically identified new oradditional matters shall be deemed a waiver of any right he/she would otherwisehave to request the same.D. The failure of the affected Applicant or Practitioner to submit a written statementwithin the time specified herein shall be deemed to be a waiver of any right he/shemay otherwise have had to submit such statement.E. The failure of the affected Applicant or Practitioner to appear at the time and placedesignated for oral statements shall be deemed to be a waiver of any right he/shemay otherwise have had to submit such statement.10.8.3 Notice of Time and Place for Appellate Review. Within ten (10) business days afterreceipt of a request for appellate review pursuant to Section 10.8.1, the Chief Executive Officer shallschedule a date for appellate review, including the time and place for oral statements if such have beenrequested, and the Chief Executive Officer, either by personal delivery or by certified mail, return receiptrequested, shall notify the affected Applicant or Practitioner of the same. The date of appellate reviewshall ordinarily not be less than twenty-five (25) business days, nor more than forty-five (45) businessdays, from the date of receipt of the notice of request for appellate review, except that when thePractitioner requesting a review is under a suspension which is then in effect, such review shall bescheduled as soon as the arrangements for it may reasonably be made. These time periods are merelyguidelines and are designed to assist the Chief Executive Officer and the Board of Directors inaccomplishing their tasks. Consequently, they shall not be deemed to create any right for the affectedApplicant or Practitioner to have appellate review scheduled within these precise periods.10.8.4 Appellate Review Body. The appellate review shall be conducted by the Board ofDirectors or a duly appointed subcommittee of the Board of Directors together with such other advisorynon-voting members as the Board of Directors or such committee may designate. If any member of theappellate review body has participated in any of the prior proceedings involving the Applicant orPractitioner, such member may only participate as a non-voting member of the appellate review body.10.9 Appellate Review Procedure10.9.1 Nature of the Proceedings. The appellate review proceedings are a review based upon thehearing record, the hearing committee's report, all subsequent results and actions, the written or oralstatements, if any, provided below and any other material that may be presented and accepted underSection 10.9.4 below. In reaching its decision, the appellate review body is limited to consideration of:A. Whether or not the Staff Bylaws have been followed;B. Whether or not the decision of the hearing committee was based upon substantialevidence of record; and47