In some cases, the doctor engaged in sexual misconduct, was found to be under the influence of alcohol or drugs, or had prescribed drugs to patients who didn't need them. (4) All hearings, investigations, and inspections of the board shall be considered civil actions for the purposes of section 2305.252 of the Revised Code. The national average was 2.97 serious actions for every 1,000 doctors. Dangers of a Medical Board Investigation: How to Protect Yourself The website lists actions taken against doctors back to 1965, Wehrle says. If the individual subject to the summary suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the individual requests the hearing, unless otherwise agreed to by both the board and the individual. endstream endobj startxref The State Medical Board of Ohio (Medical Board) has the legal authority to investigate complaints and impose discipline against its licensees, including, but not limited to, Doctor of Medicine and Doctors of Osteopathy. Failure to meet minimal standards of care in treating patients -- for example, not following up on a patient's test results. What does the board do with those complaints? One of the Medical Board's most important functions is the enforcement of its laws and rules. Board Actions. The Secretary and Supervising Member determine the next steps of the process, which may include: request an Investigative Office Conference with the SOI, direct the development of formal disciplinary action, If the investigation supports disciplinary action from the Board, you will receive a letter from the Board notifying you that you are entitled to a hearing regarding the matters outlined in the letter. ;>=aEaR.Xb4`?|vs|qQ83"bF0Qv>8G[Rab:.4bgOXgEYjEILB*5vUu>:O.NYbUF!Eh$3Q&A+[q0h}7djSV5bJ2]'JW:K. If a doctor agrees to what's called a voluntary retirement, all that is on record is a two-page document that says little more than that. Complaints and Investigations Key Steps - Ohio (5) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery, osteopathic medicine and surgery, podiatric medicine and surgery, or a limited branch of medicine; or in securing or attempting to secure any license or certificate to practice issued by the board. And more than half were against doctors. CONTACT THE BOARD. For the purposes of this division, any individual authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. It varies, depending on the complexity of the complaint. Gideon was found guilty in all three cases and was sentenced to 180 days in jail. endstream endobj 350 0 obj <. PRE-HEARING SUSPENSIONS . (6) A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established; (7) Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured; (8) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice; (9) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony; (10) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed; (11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice; (12) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed; (13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude; (14) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed; (15) Violation of the conditions of limitation placed by the board upon a license or certificate to practice; (16) Failure to pay license renewal fees specified in this chapter; (17) Except as authorized in section 4731.31 of the Revised Code, engaging in the division of fees for referral of patients, or the receiving of a thing of value in return for a specific referral of a patient to utilize a particular service or business; (18) Subject to section 4731.226 of the Revised Code, violation of any provision of a code of ethics of the American medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. Doctors Overview Ratings Articles & Advice License and Disciplinary Actions by Kevin Brasler Some state Web sites are now reporting disciplinary and investigative actions that have been taken against physicians and the status of their state licensing. In the article Ms. Collis addresses the 9,000 complaints that the State Medical Board of Ohio receives each year. 3 0 obj Ohio Revised Code Section 4760.13 Disciplinary actions. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. Each witness who appears before the board in obedience to a subpoena shall receive the fees and mileage provided for under section 119.094 of the Revised Code. The Board is responsible to investigate complaints against applicants and licensees and to take disciplinary action against those who violate the public health and safety standards. By filing an application for or holding a license or certificate to practice under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications. medical board discipline - Ohio Medical Board Defense Counsel Blog Name. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code. %PDF-1.6 % endobj Then, describe your concerns. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of February 8, 2023. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. If you don't have a computer, you can request paper copies. (2) For professional services rendered to any other person authorized to practice pursuant to this chapter, to the extent allowed by this chapter and rules adopted by the board. <>/Metadata 351 0 R/ViewerPreferences 352 0 R>> Then the cost is five cents a page, plus postage and shipping. Referral to an alternative to discipline program for practice monitoring and recovery support (drug or alcohol dependent nurses, or in some other . The president may designate another member of the board to supervise the investigation in place of the supervising member. State Medical Board of Ohio 30 East Broad Street, 3rd Floor Columbus, OH 43215 Directions Security FAQs for Visitors . Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board. Admissions to Board Investigator Can Be Used Against Physician in Criminal Trial, physician discipline by Ohio Medical Board, Attorney Beth Collis quoted in Medscape article on Medical Board investigations, The Dangers of a Medical Board Investigation: How to Protect Yourself, https://www.medscape.com/viewarticle/899247_2. To inquire about disciplinary actions from previous years, please email the Investigations, Hearings & Compliance Section. The clinical knowledge and expertise of physicians are needed to determine if a doctor is practicing safely and according to the appropriate standards of care, Wehrle says. Although certain standards are adhered to, each complaint and situation present a unique set of circumstances and is handled as such. Because the Board conducts thorough and just investigations, an average time for follow-up contacts is not easily determined. If you would like to verify the identity of a State Medical Board of Ohio investigator, please email a regional supervisor directly: The State Medical Board of Ohios purpose is to protect the public. The nonprofit consumer group Public Citizen has ranked Ohio's board as one of the top 10 in the country when it comes to disciplining doctors. (2) Investigations of alleged violations of this chapter or any rule adopted under it shall be supervised by the supervising member elected by the board in accordance with section 4731.02 of the Revised Code and by the secretary as provided in section 4731.39 of the Revised Code. The report shall contain the following information for each case with which the board has completed its activities: (a) The case number assigned to the complaint or alleged violation; (b) The type of license or certificate to practice, if any, held by the individual against whom the complaint is directed; (c) A description of the allegations contained in the complaint; The report shall state how many cases are still pending and shall be prepared in a manner that protects the identity of each person involved in each case. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. (2) In all circumstances in which division (I)(1) of this section does not apply, enter a final order permanently revoking the individual's license or certificate to practice. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination. %%EOF I am always appreciativeto learnthat the Board Members have read the Report and Recommendation of the disciplinary hearings, reviewed all the exhibits, and carefully consider each case. It's available online at no charge. Upon receipt of the complaint, the investigator may decide to gather preliminary information before contacting the Subject of Investigation (SOI). (4) Determine what constitutes successful completion of an individual educational program and require further monitoring of the individual who completed the program or other action that the board determines to be appropriate; (5) Adopt rules in accordance with Chapter 119. of the Revised Code to further implement the quality intervention program. You can use the keyboard shortcut Control+F, or Command+F on a Mac, to open a search box. If you have any questions about this article or the State Medical Board of Ohio, please feel free to contact attorney Beth Collis at (614) 628-6945, or attorney Todd Collis at (614) 628-6962. 1 0 obj Of the approximately 60,000 licensees regulated by the Board, about 40,000 . If the investigation supports disciplinary action from the Board, you will receive a letter from the Board notifying you that you are entitled to a hearing regarding the matters outlined in the letter. The board shall adopt rules governing conditions to be imposed for reinstatement. If a doctor is licensed in more than one state, another state can letOhio's board know aboutaction taken there. Date: 8/31/2020 . But most often, members of the public file complaints. It does investigate complaints that fall within its jurisdiction, and if those show that a law governing the practice of medicine was broken, the board typically sends the doctor a citation letter, explaining that it intends to take disciplinary action. (29) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code; (30) Failure to provide notice to, and receive acknowledgment of the notice from, a patient when required by section 4731.143 of the Revised Code prior to providing nonemergency professional services, or failure to maintain that notice in the patient's medical record; (31) Failure of a physician supervising a physician assistant to maintain supervision in accordance with the requirements of Chapter 4730. of the Revised Code and the rules adopted under that chapter; (32) Failure of a physician or podiatrist to enter into a standard care arrangement with a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner with whom the physician or podiatrist is in collaboration pursuant to section 4731.27 of the Revised Code or failure to fulfill the responsibilities of collaboration after entering into a standard care arrangement; (33) Failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code; (34) Failure to cooperate in an investigation conducted by the board under division (F) of this section, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in an investigative interview, an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue; (35) Failure to supervise an acupuncturist in accordance with Chapter 4762. of the Revised Code and the board's rules for providing that supervision; (36) Failure to supervise an anesthesiologist assistant in accordance with Chapter 4760. of the Revised Code and the board's rules for supervision of an anesthesiologist assistant; (37) Assisting suicide, as defined in section 3795.01 of the Revised Code; (38) Failure to comply with the requirements of section 2317.561 of the Revised Code; (39) Failure to supervise a radiologist assistant in accordance with Chapter 4774. of the Revised Code and the board's rules for supervision of radiologist assistants; (40) Performing or inducing an abortion at an office or facility with knowledge that the office or facility fails to post the notice required under section 3701.791 of the Revised Code; (41) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for the operation of or the provision of care at a pain management clinic; (42) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for providing supervision, direction, and control of individuals at a pain management clinic; (43) Failure to comply with the requirements of section 4729.79 or 4731.055 of the Revised Code, unless the state board of pharmacy no longer maintains a drug database pursuant to section 4729.75 of the Revised Code; (44) Failure to comply with the requirements of section 2919.171, 2919.202, or 2919.203 of the Revised Code or failure to submit to the department of health in accordance with a court order a complete report as described in section 2919.171 or 2919.202 of the Revised Code; (45) Practicing at a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the person operating the facility has obtained and maintains the license with the classification; (46) Owning a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the facility is licensed with the classification; (47) Failure to comply with any of the requirements regarding making or maintaining medical records or documents described in division (A) of section 2919.192, division (C) of section 2919.193, division (B) of section 2919.195, or division (A) of section 2919.196 of the Revised Code; (48) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code; (49) Failure to comply with the requirements of section 4731.30 of the Revised Code or rules adopted under section 4731.301 of the Revised Code when recommending treatment with medical marijuana; (50) Practicing at a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless the person operating that place has obtained and maintains the license with the classification; (51) Owning a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless that place is licensed with the classification; (52) A pattern of continuous or repeated violations of division (E)(2) or (3) of section 3963.02 of the Revised Code; (53) Failure to fulfill the responsibilities of a collaboration agreement entered into with an athletic trainer as described in section 4755.621 of the Revised Code; (54) Failure to take the steps specified in section 4731.911 of the Revised Code following an abortion or attempted abortion in an ambulatory surgical facility or other location that is not a hospital when a child is born alive.