Article 3. Hearing Procedures of California Health And Safety Code >> Division 23. >> Chapter 2. >> Article 3.
The board of directors shall adopt reasonable rules and
regulations, or bylaws, providing for appellate review of any action,
decision, or recommendation of the medical staff affecting the
professional privileges of any member of, or applicant for membership
on, the medical staff. This appellate review shall be conducted
consistent with the requirements of Section 809.4 of the Business and
Professions Code.
The board's decision rendered after this appellate review shall be
final. Nothing in this section shall abrogate the obligation of the
hospital and the medical staff to comply with the requirements of
Sections 809 to 809.9, inclusive, of the Business and Professions
Code.
The secretary of the board of directors or the hospital
administrator shall mail notice of the action or decision to the
affected applicant or medical staff member within the time specified
in the applicable bylaw or rule.
The board or the hearing officer, if one is appointed, shall
have the same power with respect to the issuance of subpoenas and
subpoenas duces tecum as that granted to any agency or presiding
officer pursuant to Article 11 (commencing with Section 11450.10) of
Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government
Code. Any subpoena or subpoena duces tecum issued pursuant to this
section shall have the same force and effect and impose the same
obligations upon witnesses as that provided in Article 11 (commencing
with Section 11450.10) of Chapter 4.5 of Part 1 of Division 3 of
Title 2 of the Government Code.
The board of directors may order that the hearing pursuant
to this article, and hearings on the reports of the hospital medical
audit or quality assurance committees, be held in private or
executive session, provided, that an applicant or medical staff
member whose staff privileges are the direct subject of a hearing may
request a public hearing. Deliberations of the board of directors in
connection with matters pertaining to this article may be held in
executive session.