Minutes April 2007
HEALTH CARE LAW SECTION COUNCIL MINUTES
April 12, 2007
There was a conference call of the Health Care Law Section Council on Thursday, April 12, 2007, at 10:30 a.m.
Members Participating (8)
Jeanne M. Born
Sandy L. W. Miller
Andrea H. Brisbin
Linda C. Garrett
Brad T. Willbanks
Mary Margaret Hyatt
Travis Dayhuff
Jane W. Trinkley
Members Absent (3):
Cheryl H. Bullard
David W. Ball
John C. Bradley Jr.
Bar Staff Present:
Carey W. Way
CALL TO ORDER: Ms. Born called the meeting to order and welcomed Ms. Way as liaison. Ms. Born noted that Ms. Bullard was not able to participate as she was out on extended medical leave and that Andrea Brisbin was now at Parker, Poe, Adams & Bernstein, LLP.
MINUTES: Ms. Born asked for approval of the minutes for August 2, 2006. Ms. Miller moved, which was seconded by Mr. Dayhuff. There was no further discussion, and the minutes were unanimously approved.
Ms. Born then asked for approval of the minutes for October 25, 2006, but stated she had suggested revisions. 1) Kathleen Negri was the national speaker at the 2007 Bar Convention seminar; 2) “another suggestion made in regard to ethics seminar was made by Marshall Allen regarding the Shivo issue”; and 3) remainder of the agenda was deferred. Ms. Miller moved for approval of the minutes as amended, which was seconded by Ms. Garrett. There was no further discussion, and the minutes, as amended, were unanimously approved.
FINANCIAL UPDATE: As of March 31, 2007, the Health Care Law Section Council Committee had $2,202.74 left in the budget for 2006-2007.
UPDATE ON STATUS OF GOALS FOR 2006-2007: An update on the 2006-2007 status of goals was presented:
a. Coordinate seminar for 2007 South Carolina Bar Convention
Ms. Born reported that the seminar which the Health Care Law Section had co-sponsored was well received with high marks and estimated that approximately 150 attended.
b. Conduct ethics CLE in conjunction with full Section business meeting
Ms. Miller reported she had attempted to coordinate a date with Dr. Sade with use of the South Carolina Bar facilities, but this had proved to be a moving target. Ms. Way indicated the boardroom was available for June 1 and June 15. The classroom was also reported available for all Fridays in June. Ms. Born suggested that there be a business lunch first, followed by the speaker. Ms. Way agreed to request both the boardroom (which holds 22) and the classroom (which holds 44) be held for June 1 and 15 inasmuch as both might be needed. Ms. Miller was to confirm a suitable date for the speaker and communicate with Ms. Way concerning dates and times. Ms. Way would pursue obtaining CLE credit for the seminar.
c. Work with DHEC to coordinate support of the Bench Bar Book on Public Health
Ms. Bullard was not present. Ms. Born stated the assistance offered by the Section had not yet been coordinated/utilized by DHEC as yet, and she deferred conversation until Ms. Bullard could participate.
d. Expand and support services of the discussion list serve
Mr. Willbanks stated he had tried to use the list serve while on the Bar Web site but was denied access. He said Sarah Steen was to serve as moderator filtering information coming into her. Ms. Way stated she was now listed as moderator for the Section. Ms. Born stated she had some problem accessing and requested Ms. Way to send out a list of those registered to use the list serve as well as a description on how to access. Mr. Willbanks stated this is a great resource for the SC lawyer to find an expert or find out if anyone has information about a person and that members would use it once they had easy access.
SLATE OF OFFICERS AND GENERAL COUNCIL MEMBERS: Ms. Born flipped items 5 and 6 on the Agenda and discussed the slate of officers and general council members. The deadline for the slate to be determined was discussed. Ms. Way stated she thought this was needed as soon as possible but certainly by the end of the month. Ms. Born stated Ms. Miller would be the Chairperson, Ms. Hyatt had agreed to serve as Secretary and Jennifer Blythe Whitley, Counsel for the SC Medical Association, had agreed to serve as Council Member. Mr. Willbanks stated he would stay on as a Council Member, if need be, but would step aside if someone else would serve. Ms. Born stated that he had been on the Section for a long time, he had done an exemplary job and she appreciated him volunteering to serve again as a default Council Member. Other names were discussed as possible Council Members. Responses as to whether these people would agree to serve would be forthcoming. Ms. Born suggested that a dialogue would continue by email, the vacant positions would be identified by the end of April and the Proposed Slate be accepted as follows: Officers: Sandy L. W. Miller, Chairperson; Cheryl H. Bullard, Chairperson-Elect; Andrea H. Brisbin, Vice-Chairperson; Mary Margaret Hyatt, Secretary; Jeanne M. Born, Section Delegate/Immediate Past Chairperson. Council Members: John C. Bradley Jr.; Travis Dayhuff; Jane W. Trinkley and Jennifer Blythe Whitley. Ms. Brisbin moved to approve the proposed slate with conditions mentioned above, and her motion was seconded by Ms. Miller. There being no further discussion, the motion was approved unanimously.
PROPOSED GOALS FOR 2007-2008: Ms. Born then discussed the Goals for 2007-2008. A deadline for these goals was discussed, and Ms. Way would provide members the required deadline. She stated she thought it was in April. It was agreed to keep the same goals from the previous year with some additions.
Ms. Born stated that the first goal would be to increase participation through an additional meeting per year or some type of publication. Ms. Born discussed there was a need to connect the Health Care Law Section to those not on Council to increase participation and increase involvement. Mr. Willbanks asked how many are listed on the Section. Ms. Born stated she thought it was approximately 170. Ms. Way said she would get a count and send that information out via email.
Ms. Born also stated the South Carolina Bar Web site needed to be updated with current minutes and new goals. Ms. Way would follow up on this.
The 2008 Bar Convention was discussed. It was stated Matt Riley had sent a letter stating that May 18, 2007, was the deadline to elect a person to coordinate and have the necessary form prepared and expenses done for a CLE. Ms. Miller indicated that she thought the Section should do this in conjunction with another section. Ms. Born stated this would save money and would likely be well received. Ms. Miller mentioned the idea of a seminar being done on expert testimony in medical malpractice /health care litigation cases if this were still a timely matter by next year. Ms. Way agreed to provide Ms. Miller with the contact name for the Chairpersons for the Torts and Insurance Practice Section and Trial and Appellate Advocacy Section, as well as any others that might apply. Ms. Miller would then send out an email on the progress.
Ms. Born stated that she knew new council member Ms. Whitley was interested in doing a physician education handbook. Ms. Born said she knew the Health Care Law Committee, SCMA and the South Carolina Bar had previously done a physician education handbook. Mr. Willbanks stated the SCMA had a SC Health Law notebook which was a good resource, recommended that they get a copy and said there may not be a need to re-invent the wheel. Ms. Miller suggested that the new goal be “to explore the potential to offer service to the SCMA to help them update their manual.”
The upcoming goals matter was tabled pending Ms. Miller talking with Ms. Bullard, modifying the 2007-2008 Goals and forwarding them to Ms. Way who would circulate them to Council for email approval.
Following the meeting it was determined that the deadline for the 2007-2008 Goals was May 1, 2007. This date would be sent out via email.
DISCUSS ETHICS CLE: This matter was addressed during the update on status of 2006-2007 goals.
NEXT MEETING: The next meeting date would be in June immediately prior to the CLE.
ADJOURNMENT: There being no further business, the meeting was adjourned.
April 12, 2007
There was a conference call of the Health Care Law Section Council on Thursday, April 12, 2007, at 10:30 a.m.
Members Participating (8)
Jeanne M. Born
Sandy L. W. Miller
Andrea H. Brisbin
Linda C. Garrett
Brad T. Willbanks
Mary Margaret Hyatt
Travis Dayhuff
Jane W. Trinkley
Members Absent (3):
Cheryl H. Bullard
David W. Ball
John C. Bradley Jr.
Bar Staff Present:
Carey W. Way
CALL TO ORDER: Ms. Born called the meeting to order and welcomed Ms. Way as liaison. Ms. Born noted that Ms. Bullard was not able to participate as she was out on extended medical leave and that Andrea Brisbin was now at Parker, Poe, Adams & Bernstein, LLP.
MINUTES: Ms. Born asked for approval of the minutes for August 2, 2006. Ms. Miller moved, which was seconded by Mr. Dayhuff. There was no further discussion, and the minutes were unanimously approved.
Ms. Born then asked for approval of the minutes for October 25, 2006, but stated she had suggested revisions. 1) Kathleen Negri was the national speaker at the 2007 Bar Convention seminar; 2) “another suggestion made in regard to ethics seminar was made by Marshall Allen regarding the Shivo issue”; and 3) remainder of the agenda was deferred. Ms. Miller moved for approval of the minutes as amended, which was seconded by Ms. Garrett. There was no further discussion, and the minutes, as amended, were unanimously approved.
FINANCIAL UPDATE: As of March 31, 2007, the Health Care Law Section Council Committee had $2,202.74 left in the budget for 2006-2007.
UPDATE ON STATUS OF GOALS FOR 2006-2007: An update on the 2006-2007 status of goals was presented:
a. Coordinate seminar for 2007 South Carolina Bar Convention
Ms. Born reported that the seminar which the Health Care Law Section had co-sponsored was well received with high marks and estimated that approximately 150 attended.
b. Conduct ethics CLE in conjunction with full Section business meeting
Ms. Miller reported she had attempted to coordinate a date with Dr. Sade with use of the South Carolina Bar facilities, but this had proved to be a moving target. Ms. Way indicated the boardroom was available for June 1 and June 15. The classroom was also reported available for all Fridays in June. Ms. Born suggested that there be a business lunch first, followed by the speaker. Ms. Way agreed to request both the boardroom (which holds 22) and the classroom (which holds 44) be held for June 1 and 15 inasmuch as both might be needed. Ms. Miller was to confirm a suitable date for the speaker and communicate with Ms. Way concerning dates and times. Ms. Way would pursue obtaining CLE credit for the seminar.
c. Work with DHEC to coordinate support of the Bench Bar Book on Public Health
Ms. Bullard was not present. Ms. Born stated the assistance offered by the Section had not yet been coordinated/utilized by DHEC as yet, and she deferred conversation until Ms. Bullard could participate.
d. Expand and support services of the discussion list serve
Mr. Willbanks stated he had tried to use the list serve while on the Bar Web site but was denied access. He said Sarah Steen was to serve as moderator filtering information coming into her. Ms. Way stated she was now listed as moderator for the Section. Ms. Born stated she had some problem accessing and requested Ms. Way to send out a list of those registered to use the list serve as well as a description on how to access. Mr. Willbanks stated this is a great resource for the SC lawyer to find an expert or find out if anyone has information about a person and that members would use it once they had easy access.
SLATE OF OFFICERS AND GENERAL COUNCIL MEMBERS: Ms. Born flipped items 5 and 6 on the Agenda and discussed the slate of officers and general council members. The deadline for the slate to be determined was discussed. Ms. Way stated she thought this was needed as soon as possible but certainly by the end of the month. Ms. Born stated Ms. Miller would be the Chairperson, Ms. Hyatt had agreed to serve as Secretary and Jennifer Blythe Whitley, Counsel for the SC Medical Association, had agreed to serve as Council Member. Mr. Willbanks stated he would stay on as a Council Member, if need be, but would step aside if someone else would serve. Ms. Born stated that he had been on the Section for a long time, he had done an exemplary job and she appreciated him volunteering to serve again as a default Council Member. Other names were discussed as possible Council Members. Responses as to whether these people would agree to serve would be forthcoming. Ms. Born suggested that a dialogue would continue by email, the vacant positions would be identified by the end of April and the Proposed Slate be accepted as follows: Officers: Sandy L. W. Miller, Chairperson; Cheryl H. Bullard, Chairperson-Elect; Andrea H. Brisbin, Vice-Chairperson; Mary Margaret Hyatt, Secretary; Jeanne M. Born, Section Delegate/Immediate Past Chairperson. Council Members: John C. Bradley Jr.; Travis Dayhuff; Jane W. Trinkley and Jennifer Blythe Whitley. Ms. Brisbin moved to approve the proposed slate with conditions mentioned above, and her motion was seconded by Ms. Miller. There being no further discussion, the motion was approved unanimously.
PROPOSED GOALS FOR 2007-2008: Ms. Born then discussed the Goals for 2007-2008. A deadline for these goals was discussed, and Ms. Way would provide members the required deadline. She stated she thought it was in April. It was agreed to keep the same goals from the previous year with some additions.
Ms. Born stated that the first goal would be to increase participation through an additional meeting per year or some type of publication. Ms. Born discussed there was a need to connect the Health Care Law Section to those not on Council to increase participation and increase involvement. Mr. Willbanks asked how many are listed on the Section. Ms. Born stated she thought it was approximately 170. Ms. Way said she would get a count and send that information out via email.
Ms. Born also stated the South Carolina Bar Web site needed to be updated with current minutes and new goals. Ms. Way would follow up on this.
The 2008 Bar Convention was discussed. It was stated Matt Riley had sent a letter stating that May 18, 2007, was the deadline to elect a person to coordinate and have the necessary form prepared and expenses done for a CLE. Ms. Miller indicated that she thought the Section should do this in conjunction with another section. Ms. Born stated this would save money and would likely be well received. Ms. Miller mentioned the idea of a seminar being done on expert testimony in medical malpractice /health care litigation cases if this were still a timely matter by next year. Ms. Way agreed to provide Ms. Miller with the contact name for the Chairpersons for the Torts and Insurance Practice Section and Trial and Appellate Advocacy Section, as well as any others that might apply. Ms. Miller would then send out an email on the progress.
Ms. Born stated that she knew new council member Ms. Whitley was interested in doing a physician education handbook. Ms. Born said she knew the Health Care Law Committee, SCMA and the South Carolina Bar had previously done a physician education handbook. Mr. Willbanks stated the SCMA had a SC Health Law notebook which was a good resource, recommended that they get a copy and said there may not be a need to re-invent the wheel. Ms. Miller suggested that the new goal be “to explore the potential to offer service to the SCMA to help them update their manual.”
The upcoming goals matter was tabled pending Ms. Miller talking with Ms. Bullard, modifying the 2007-2008 Goals and forwarding them to Ms. Way who would circulate them to Council for email approval.
Following the meeting it was determined that the deadline for the 2007-2008 Goals was May 1, 2007. This date would be sent out via email.
DISCUSS ETHICS CLE: This matter was addressed during the update on status of 2006-2007 goals.
NEXT MEETING: The next meeting date would be in June immediately prior to the CLE.
ADJOURNMENT: There being no further business, the meeting was adjourned.