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Proposed Constitutional Amendment - Independent Medical Review Boards

Proposed Constitutional Amendment - Independent Medical Review Boards

Proposed Constitutional Amendment

Establishment of State and Territorial Medical Review Boards and National Medical Oversight Structure

Section 1.

Each State and Territory of the United States shall establish a Medical Review Board composed of two members: one male physician and one female physician, both licensed to practice medicine within the State or Territory they represent.

Section 2.

The members of each Medical Review Board shall be appointed directly by the Governor of the respective State or Territory, subject to the advice and consent of the State Senate or equivalent legislative body. Appointments shall be made for a term of six (6) years, with eligibility for reappointment.

Section 3.

The Medical Review Board shall be responsible for independent oversight of all civilian healthcare regulation matters within its jurisdiction, including but not limited to:

  • (a) The evaluation of licensing standards and qualifications;
  • (b) The review of disciplinary actions against medical practitioners;
  • (c) The adjudication of disputes regarding standards of medical care;
  • (d) The certification of medical procedures for legal compliance as defined by state and federal law.

Section 4.

All rulings, determinations, and recommendations of the State or Territorial Medical Review Board must be reached unanimously by the two appointed physicians. In the event of disagreement or deadlock, the matter shall be referred to a Federal Medical Oversight Hearing presided over by the United States Surgeon General. This Federal Hearing shall be conducted by the full assembly of all State and Territorial Medical Review Board members nationwide, each jurisdiction represented by its appointed male and female physician members. The decision rendered by the Federal Medical Oversight Hearing shall be final and binding unless it is reviewed solely for alleged violations of this Constitution by the Supreme Court of the United States.

Section 5.

The State and Territorial Medical Review Boards, and the Federal Medical Oversight Hearing structure, shall operate fully independently of the Executive, Legislative, and Judicial branches of government. No officer, agency, or entity of the Executive, Legislative, or Judicial branches shall exert authority over, interfere with, or regulate the decision-making of the Medical Review Boards except as expressly permitted herein.

Section 6.

The Supreme Court of the United States shall retain limited authority to review actions of the Medical Review Boards solely for the purpose of determining whether such actions violate the Constitution of the United States. Such review shall be limited strictly to constitutional grounds and shall not extend to reconsideration of medical, scientific, or regulatory findings or conclusions.

Section 7.

In the event of vacancy, resignation, or removal, the Governor shall appoint a replacement of the same sex as the departing member within ninety (90) days, subject to legislative confirmation.

Section 8.

No individual shall serve on a Medical Review Board while holding elective political office, serving as a law enforcement officer, or being employed by any pharmaceutical, insurance, or healthcare corporation.

Section 9.

Congress shall have the authority to enact uniform standards ensuring the independence, integrity, and functioning of State and Territorial Medical Review Boards and the Federal Medical Oversight Hearing system consistent with this article.

Section 10.

The People shall retain an irrevocable right to petition for a direct review of any action, inaction, or recommendation of a State or Territorial Medical Review Board.

If a petition is submitted to and accepted by thirty percent (30%) or more of the duly elected County Sheriffs within any State or Territory, in accordance with the independent petition standards set by each Sheriff, the petition shall trigger a mandatory review of the disputed matter by the Federal Medical Oversight Hearing presided over by the United States Surgeon General. Such a petition may be directed against the recommendations or decisions of the Governor, the appointed male and female physicians of the State or Territorial Medical Review Board, or any related party involved in medical oversight.

The Federal Medical Oversight Hearing shall have full authority to reverse, modify, or uphold the actions under review according to the procedures outlined in this article.

No government actor shall infringe, impair, or condition the right of the People to initiate such a petition through their locally elected Sheriffs.

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