When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. What can I find out about an action taken against a doctor? This division does not apply to a violation or attempted violation of, assisting in or abetting the violation of, or a conspiracy to violate, any provision of this chapter or any rule adopted by the board that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Too many physicians think they dont need a lawyer and can just talk the Board investigators into dropping the complaint. The board shall adopt rules governing conditions to be imposed for reinstatement. Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board. Recent Board Actions Recent Board Actions January 04, 2023 While the overwhelming majority of Ohio nurses practice with high standards, the actions or deficient practice of some have the potential to compromise patient safety and the public's confidence in the profession. Board Member Login Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. Share sensitive information only on official, secure websites. 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. (a) Before issuance of a subpoena for patient record information, the secretary and supervising member shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect. Among other things, the board can discipline doctors for: An impaired ability to practice medicine because of drug or alcohol abuse or physical or mental illness. I highly encourage all licensees to read the monthly Board minutes. (B) Except as provided in division (P) of this section, the board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend a license or certificate to practice or certificate to recommend, refuse to issue a license or certificate, refuse to renew a license or certificate, refuse to reinstate a license or certificate, or reprimand or place on probation the holder of a license or certificate for one or more of the following reasons: (1) Permitting one's name or one's license or certificate to practice to be used by a person, group, or corporation when the individual concerned is not actually directing the treatment given; (2) Failure to maintain minimal standards applicable to the selection or administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease; (3) Except as provided in section 4731.97 of the Revised Code, selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction of, a violation of any federal or state law regulating the possession, distribution, or use of any drug; (4) Willfully betraying a professional confidence. Not all complaints result in an investigation or discipline. The Medical Board meets each month in the Administrative Hearing Room on the 3rd floor of the Rhodes Office Tower, 30 East Broad Street, Columbus, Ohio. The expense of the examination is the responsibility of the individual compelled to be examined. 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. Then a hearing examiner -- who is a lawyer -- prepares a summary and analysis of the evidence and sends it to the doctor, who has 10 days to file any objections. What does the board do with those complaints? Monthly Administrative Action - January 2022; 2021. Disciplinary Actions Disciplinary Actions Expand All Sections EMS The State Board of Emergency Medical, Fire, and Transportation Services (EMFTS) is responsible for investigations to ensure EMS providers and medical transportation organizations comply with the Ohio Revised and Administrative Codes. 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. In developing and implementing the quality intervention program, the board may do all of the following: (1) Offer in appropriate cases as determined by the board an educational and assessment program pursuant to an investigation the board conducts under this section; (2) Select providers of educational and assessment services, including a quality intervention program panel of case reviewers; (3) Make referrals to educational and assessment service providers and approve individual educational programs recommended by those providers. While the overwhelming majority of Ohio nurses practice with high standards, the actions or deficient practice of some have the potential to compromise patient safety and the publics confidence in the profession. The Executive Director for the Division of EMS, with advice and counsel of the Firefighter and Fire Safety Inspector Training Committee, is responsible for investigations to ensure fire service providers comply with the Ohio Revised and Administrative Codes. (P) The board shall not refuse to issue a license to an applicant because of a conviction, plea of guilty, judicial finding of guilt, judicial finding of eligibility for intervention in lieu of conviction, or the commission of an act that constitutes a criminal offense, unless the refusal is in accordance with section 9.79 of the Revised Code. 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. Checking out your doctor takes just a few minutes on the State Medical Board of Ohio website or a call to its toll-free number. In other cases, the physician had been disciplined by a medical board in another state or found guilty of a felony. In addition, the license or certificate to practice or certificate to recommend issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date the individual pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. The board shall monitor the progress of each individual undertaking a recommended individual educational program. 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 June 8, 2022. I was struck by the level of detail and care that each Board member took in reviewing the disciplinary matters. 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. What types of violations can a doctor be disciplined for? The State Medical Board of Ohio ("Medical Board") is authorized to take disciplinary action against a licensee based on a violation of Ohio Revised Code Section 4731.22(B). In a judicial proceeding, the information may be admitted into evidence only in accordance with the Rules of Evidence, but the court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or complainants whose confidentiality was protected by the state medical board when the information was in the board's possession. In Ohio, the SMB licenses and regulates more than 86,000 medical professionals, including some 5,000 new licensees each year. Board meetings, including discussion of the cases, are open to the public. State Medical Board of Ohio . Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. 349 0 obj
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Failure to meet minimal standards of care in treating patients -- for example, not following up on a patient's test results. A doctor with an alcohol problem, for example, is typically required to attend AA meetings, submit to urine screenings and make periodic appearances before the board to verify that he or she is complying with the terms of probation. (L) When the board refuses to grant or issue a license or certificate to practice to an applicant, revokes an individual's license or certificate to practice, refuses to renew an individual's license or certificate to practice, or refuses to reinstate an individual's license or certificate to practice, the board may specify that its action is permanent. When should you do that? Doctors who are placed on probation, for example, are monitored by the board during that time, which is typically five years. Check the state's medical licensing board for your state and anywhere the healthcare provider has practiced using the American Medical Association Doctor Finder . The State Medical Board of Ohio has the authority to take a disciplinary action against a physician's professional license ranging from a Public Reprimand, to suspension, probation, or revocation. When a doctor is disciplined by the State Medical Board of Ohio, information on what action was taken and why is listed on the board's website. (2) An application for a license or certificate made under the provisions of this chapter may not be withdrawn without approval of the board. Upon receipt of the complaint, the investigator may decide to gather preliminary information before contacting the Subject of Investigation (SOI). As always, if you have any questions about the State Medical Board of Ohio or this post, please feel freeto contact me at 614-486-3909 or emailme at beth@collislaw.com. 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. (3) In investigating a possible violation of this chapter or any rule adopted under this chapter, or in conducting an inspection under division (E) of section 4731.054 of the Revised Code, the board may question witnesses, conduct interviews, administer oaths, order the taking of depositions, inspect and copy any books, accounts, papers, records, or documents, issue subpoenas, and compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony, except that a subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the secretary and supervising member of the board.