All fines will be paid online through the official State of Ohio portal, eLicense.ohio.gov. A first offense is a fifth-degree felony punishable by six to 12 months in prison and a $2,500 fine. In certain cases, though, the board may ask permission for the name to be shared with a doctor in order to investigate the concern. The board put 38 doctors on probation, suspended 52 and permanently revoked the licenses of 22 others. It varies, depending on the complexity of the complaint. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. Date: 8/31/2020 . Enter your email address to follow this blog and receive notifications of new posts by email. If the board takes disciplinary action against an individual under division (B) of this section for a second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code, the disciplinary action shall consist of a suspension of the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, a more serious sanction involving the individual's license or certificate to practice. (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. 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. Can you complain about a doctor? Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Any person may report to the board in a signed writing any information that the person may have that appears to show a violation of any provision of this chapter or any rule adopted under it. You can use the keyboard shortcut Control+F, or Command+F on a Mac, to open a search box. (H) If the board takes action under division (B)(9), (11), or (13) of this section and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. If the Medical Board is truly conducting an investigation and that individual faces action against their license, they will receive an official notice of opportunity for a hearing either via certified mail or by personal service. The board shall not make public the names or any other identifying information about patients or complainants unless proper consent is given or, in the case of a patient, a waiver of the patient privilege exists under division (B) of section 2317.02 of the Revised Code, except that consent or a waiver of that nature is not required if the board possesses reliable and substantial evidence that no bona fide physician-patient relationship exists. (D) For purposes of divisions (B)(10), (12), and (14) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the individual committed the act. Ohio Revised Code Section 4760.13 Disciplinary actions. Pursuant to Section 4731.22(G), medical license summarily suspended based on Board's CONTACT THE BOARD. The Board plays a critical role in impacting the safety of nursing care that touches virtually all Ohioans. Prepared by: Colin G. De Pew, Assistant Attorney . Type in the doctor's first and last name. There is no fee unless the file is 100 or more pages. Does the board respond to every complaint? Not all complaints result in an investigation or discipline. I make it a point to attend every Board meeting and to read the monthly Board minutes. As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (B) of this section. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation. (b) On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move for an order compelling the production of persons or records pursuant to the Rules of Civil Procedure. The identity of the person who complains is always confidential under Ohio law. "That's how we find out what's going on.". It is made up of 12 people from Ohio: seven medical doctors, one podiatrist, one osteopathic doctor and three people who represent the interest of consumers. Attorney Beth Collis, of Collis Law Group LLC, was quoted in a Medscape article titled The Dangers of a Medical Board Investigation: How to Protect Yourself. This story focuses on doctors, but the State Medical Board of Ohio also licenses physician assistants, massage therapists, cosmetic therapists, anesthesiologist assistants, radiologist assistants and acupuncturists. If the investigation does not justify formal action, but does leave the Board with concerns, the Board may recommend remedial education or caution the SOI regarding problematic activities. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license or certificate to practice and the board shall not accept an application for reinstatement of the license or certificate or for issuance of a new license or certificate. As always, if you have any questions about this blog or the State Medical Board of Ohio, please feel free to contact one of the attorneys at Collis Law Group LLC at (614) 486-3909 or email me at Beth@collislaw.com. It's a crime to practice medicine in Ohio without a license. Failing to meet continuing medical education requirements. 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. The board shall conduct all investigations or inspections and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. (c) A subpoena issued by the board may be served by a sheriff, the sheriff's deputy, or a board employee or agent designated by the board. (6) On a quarterly basis, the board shall prepare a report that documents the disposition of all cases during the preceding three months. Sometimes, the nature of the complaint requires an unscheduled office visit. 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. An agency or board that receives the information shall comply with the same requirements regarding confidentiality as those with which the state medical board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the agency or board that applies when it is dealing with other information in its possession. 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. 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. The expense of the examination is the responsibility of the individual compelled to be examined. If they want to treat patients, they must be licensed. What does all that mean to you, the patient? Either way, the investigator cannot disclose your role to anyone, including you, during an open investigation. (F)(1) The board shall investigate evidence that appears to show that a person has violated any provision of this chapter or any rule adopted under it. We investigate using the complaint number assigned at intake. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. (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. The Board Members do not hold back in their questions, concerns or comments while deliberating the sanction that should be imposed in a given case. During the fiscal . Share sensitive information only on official, secure websites. If you don't have a computer, you can request paper copies. Download Chrome . The demonstration shall include, but shall not be limited to, the following: (a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment; (b) Evidence of continuing full compliance with an aftercare contract or consent agreement; (c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. Ohio Board of Nursing | 17 S. High Street, Suite 660 Columbus, OH 43215 | Phone: 614-466-3947 or Fax: 614-466-0388, {"data":[["S","H","S","S","S","H"],["Month","URL","File Type","Year","Date","Order"],["January","https://nursing.ohio.gov/static/uploads/Recent Board Actions/Combined January 2023 Disciplinary Actions[44].pdf","PDF","2023","1/30/23","1"],["January","https://nursing.ohio.gov/static/uploads/Recent Board Actions/Combined January 2023.xlsx","Excel","2023","1/30/23","2"],["November","https://nursing.ohio.gov/static/uploads/Compliance and Regulation/Combined November 2022 Disciplinary Actions.pdf","PDF","2022","11/11/22","3"],["November","https://nursing.ohio.gov/static/uploads/Compliance and Regulation/Combined Disc and Mon November 22.xlsx","Excel","2022","11/11/22","4"],["September","https://nursing.ohio.gov/static/uploads/2022/09/Combined-September-2022-Disciplinary-Actions19.pdf","PDF","2022","1/9/22","5"],["September","https://nursing.ohio.gov/static/uploads/2022/09/CombinedSeptemberActions.xlsx","Excel","2022","1/9/22","6"],["July","https://nursing.ohio.gov/static/uploads/2022/07/Combined-July-2022-Disciplinary-Actions25.pdf","PDF","2022","1/7/22","7"],["July","https://nursing.ohio.gov/static/uploads/2022/07/Combined-July-2022.xlsx","Excel","2022","1/7/22","8"],["May","https://nursing.ohio.gov/static/uploads/2022/05/Combined-May-2022-Disciplinary-Actions.pdf","PDF","2022","1/5/22","9"],["May","https://nursing.ohio.gov/static/uploads/2022/05/Combined.xlsx","Excel","2022","1/5/22","10"],["March","https://nursing.ohio.gov/static/uploads/2022/03/Combined-March-2022-Disciplinary-Actions.pdf","PDF","2022","1/3/22","11"],["March","https://nursing.ohio.gov/static/uploads/2022/03/2022_March_BD_Actions.xlsx","Excel","2022","1/3/22","12"],["January","https://nursing.ohio.gov/static/uploads/2022/01/Combined-January-2022-Disciplinary-Actions.pdf","PDF","2022","1/1/22","13"],["January","https://nursing.ohio.gov/static/uploads/2022/01/2022JanBdActions.xlsx","Excel","2022","1/1/22","14"]],"errors":[],"meta":{"delimiter":",","linebreak":"\r\n","aborted":false,"truncated":false,"cursor":1687}}, Supplemental Information Form for Employers. endobj Those that post the most risk to patients -- doctors practicing while impaired by alcohol or drugs, for example -- receive the highest priority. PRE-HEARING SUSPENSIONS . providing information to Physicians and other healthcare professionals in Ohio. To determine if a chiropractic physician has been subject to disciplinary action: Visit the eLicense Portal. To put that in perspective, the board regulates more than 64,000 health professionals, about 42,000 of whom are physicians. Then the cost is five cents a page, plus postage and shipping. An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program. Disciplinary Actions / License Litigation The professional licensing boards, commissions, and committees within the Indiana Professional Licensing Agency are charged with the responsibility of disciplining licensees who have violated practice standards, acted dishonestly, or acted unethically. As always, if you have any questions about this blog or the State Medical Board of Ohio, please feel free to contact one of the attorneys at Collis Law Group LLC at (614) 486-3909 or email me at Beth@collislaw.com. Factors which contribute to delays include working in coordination with other regulatory or law enforcement agencies or the unavailability of witnesses. Failure to meet minimal standards of care in treating patients -- for example, not following up on a patient's test results. Too many physicians think they dont need a lawyer and can just talk the Board investigators into dropping the complaint. BERTALAN, George, M.D., (#35.121772) - Rocky River, Ohio . Read the article, written by Mark Crane, by clicking on the following link:https://www.medscape.com/viewarticle/899247_2. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records. 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. No complaint is too minor. In general, the board issues licenses to doctors -- and other health professionals -- and takes action against them if they break Ohio laws governing those licenses. (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. The Ohio Revised Code authorizes the Board to investigate compliance with the laws and rules governing the practice and to investigate alleged grounds for discipline of a license or refusal to issue a license. Once a complaint is assigned to an investigator, it becomes an investigative case. According to 2017 statistics from the Federation of State Medical Boards (FSMB) (the most recent available), state boards took 8813 actions that year. (27) A second or subsequent violation of section 4731.66 or 4731.69 of the Revised Code; (28) Except as provided in division (N) of this section: (a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that individual; (b) Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay. What does the board do with those complaints? http://med.ohio.gov/ForthePublic/BoardMeetingMinutes.aspx. Updates may be slower during some times of the year, depending on the volume of enacted legislation. (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. When should you do that? (C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. (A) The state medical board, by an affirmative vote of not fewer than six of its members, may limit, revoke, or suspend a license or certificate to practice or certificate to recommend, refuse to grant 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 if the individual applying for or holding the license or certificate is found by the board to have committed fraud during the administration of the examination for a license or certificate to practice or to have committed fraud, misrepresentation, or deception in applying for, renewing, or securing any license or certificate to practice or certificate to recommend issued by the board. PRE-HEARING SUSPENSION MASSOUD, Omar I., M.D., (#35.083410) - Birmingham, Alabama Pursuant to Section 4731.22(G), Ohio Revised Code, medical license summarily suspended (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. The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. If you're asked to log in with an OHID - the state's best-of-breed digital identity - your privacy, data, and personal information are protected by all federal and state digital security guidelines. 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. All visitors and their belongings will be screened. Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. They also do not simply rubber stamp the recommendation of the hearing examiner in a disciplinary case. Health care and other professional licensees in Ohio must be aware that information provided to an investigator whether that is an investigator employed by the Medical Board, Nursing Board, Pharmacy Board, or any other board or agency can be used against the licensee in a disciplinary action and in a criminal proceeding. (2) An application for a license or certificate made under the provisions of this chapter may not be withdrawn without approval of the board. A new version of Section 4731.22 exists that will be effective as of April 4, 2023, September 17, 2014 House Bill 314, House Bill 483, House Bill 341 - 130th General Assembly, April 1, 2015 Senate Bill 276 - 130th General Assembly, September 29, 2015 House Bill 64 - 131st General Assembly, September 8, 2016 House Bill 523 - 131st General Assembly, March 14, 2017 Amended by Senate Bill 127, House Bill 290, Senate Bill 319 - 131st General Assembly, September 29, 2017 Amended by House Bill 49 - 132nd General Assembly, September 28, 2018 Amended by House Bill 111, House Bill 156 - 132nd General Assembly, July 11, 2019 Amended by Senate Bill 23 - 133rd General Assembly, April 12, 2021 Amended by Senate Bill 260, House Bill 442 - 133rd General Assembly, October 9, 2021 Amended by House Bill 263 (GA 133), Senate Bill 260 (GA 133), House Bill 442 (GA 133), House Bill 110 (GA 134), January 27, 2022 Amended by House Bill 176 - 134th General Assembly, March 23, 2022 Amended by Senate Bill 157 - 134th General Assembly, April 4, 2023 Amended by House Bill 254 (GA 134), Senate Bill 288 (GA 134), Chapter 4731 Physicians; Limited Practitioners. 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). The national average was 2.97 serious. A second letter is often sent stating only that the board has finished its review. The Board members reviewed the scope of practice for Physicians Assistants, ruled on licensure applications,and most importantly for the clients that our firm represent, the Medical Board made final determinations in disciplinary matters. In many respects, the October meeting was no different from othermeetings. Upon termination of Suspension, Probation will be imposed for a minimum of three years; terms and conditions. The Ohio Supreme Court found that Gideons belief that he was being threatened was not objectively reasonable under the facts and circumstances of the investigation. "The public has a right to know what we do," Wehrle says. If the person being served refuses to accept the subpoena or is not located, service may be made to an attorney who notifies the board that the attorney is representing the person. A telephone conference call may be utilized for ratification of a consent agreement that revokes or suspends an individual's license or certificate to practice or certificate to recommend. It's available online at no charge. If allegations pose a serious risk to the public, the complaint may be sent directly to the Enforcement section attorneys for review. 2 0 obj 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. I disagree. Upon receipt of the complaint, the investigator may decide to gather preliminary information before contacting the Subject of Investigation (SOI). (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.
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