Medical Staff Bylaws - Arkansas Children's Hospital

C. Whether or not the hearing committee's decision was a reasonable one in light of theHospital's duty to the public.10.9.2 Written Statements. If the Applicant or Practitioner has requested the right to submit awritten statement pursuant to Section 10.8.1 (b), he/she shall have ten (10) business days from the dateof his/her request for appellate review in which to submit to the Chief Executive Officer, either in personor by certified mail, return receipt requested, a written statement detailing the factual and proceduralmatters with which he/she disagrees, specifying the particular reasons for such disagreement. In order toassist the appellate review body in its review, the written statement should specifically referenceapplicable portions of the hearing record. This written statement may cover any matters raised at anystep in the procedure to which the appeal is related and legal counsel may assist in its preparation. Asimilar statement supporting the action of the hearing committee and replying to the statement of theaffected Applicant or Practitioner shall be submitted on behalf of the hearing committee within twenty(20) business days from the date of receipt of the request for appellate review by the Chief ExecutiveOfficer. Such written statements shall be submitted to the appellate review body by the Chief ExecutiveOfficer, and the Chief Executive Officer shall provide copies thereof to the affected Applicant orPractitioner or the hearing committee representative, as appropriate.10.9.3 Oral Statements. If the right to make an oral statement pursuant to Section 10.8.1(c) hasbeen requested by the affected Applicant or Practitioner, he/she shall be present at the appellate reviewproceedings and shall be permitted to speak for himself/herself or his/her representative make speak forthe Applicant or Practitioner against the adverse action. The affected Applicant or Practitioner shall besubject to examination by any member of the appellate review body. The hearing committee shall also berepresented by an individual who shall be permitted to speak in favor of the adverse action and who shallanswer questions put to him by any member of the appellate review body. Both the affected Applicant orPractitioner and the representative of the hearing committee, in their own discretion, may utilize theservices of an attorney-at-law as an advocate at such oral presentations.10.9.4 Consideration of New or Additional Matters. New or additional matters or evidence notraised or presented during the original hearing or in the hearing committee report and not otherwisereflected in the record may be introduced at appellate review only:A. If specifically identified in the request for appellate review; orB. If the party requesting consideration of the matter or evidence shows that it couldnot have been discovered in time for the initial hearing; orC. In the discretion of the appellate review body and as the appellate review bodydeems appropriate.Failure to request consideration of specifically identified new or additional matters by the affectedApplicant or Practitioner as a part of his/her request for appellate review shall, pursuant to Section10.8.2(c) result in a waiver of his/her right to make such request.48