2 0 obj http://med.ohio.gov/ForthePublic/BoardMeetingMinutes.aspx, Follow Ohio Medical Board Defense Counsel Blog on WordPress.com, Interagency Fraud Enforcement Action Highlights Telepharmacy Compliance Risks, Reporting by Physicians Enrolled in Medicare, Ohio Counselor, Social Worker, and Marriage and Family Therapist Board Issues Emergency Rule 4757-5-13 Regarding Teletherapy, Ohio Board of Pharmacy Takes Additional COVID-19 Response Efforts. The board put 38 doctors on probation, suspended 52 and permanently revoked the licenses of 22 others. It is also refreshing to see Board Memberschallenge each other and actively deliberate before issuing a discipline. 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. When you have serious concerns about the care provided by the doctor or reason to believe the doctor is violating state law regulating medical practice. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Any consent agreement entered into under this division with an individual that pertains to a second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of that section shall provide for 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. An Ohio.gov website belongs to an official government organization in the State of Ohio. For more information about the Medical Board's Hearing Process, visit State Medical Board of Ohio's Hearing Process The monitoring shall include, but not be limited to, compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of perjury stating whether the individual has maintained sobriety. The monthly Board meeting minutes are online and can be reviewed by the public. %%EOF The website lists actions taken against doctors back to 1965, Wehrle says. Disciplinary & Fining Guidelines; File a Complaint; Monthly Cite List; Monthly Formal Action; . Legal counsel is recommended for any licensee in connection with any Board investigation or disciplinary action. The investigator provided these admission to Bluffton police. For purposes of this division, "willfully betraying a professional confidence" does not include providing any information, documents, or reports under sections 307.621 to 307.629 of the Revised Code to a child fatality review board; does not include providing any information, documents, or reports under sections 307.631 to 307.6410 of the Revised Code to a drug overdose fatality review committee, a suicide fatality review committee, or hybrid drug overdose fatality and suicide fatality review committee; does not include providing any information, documents, or reports to the director of health pursuant to guidelines established under section 3701.70 of the Revised Code; does not include written notice to a mental health professional under section 4731.62 of the Revised Code; and does not include the making of a report of an employee's use of a drug of abuse, or a report 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. The following documents include an explanation of the complaint and investigation process and the actual form needed to file a complaint . The files below can be opened in your browser or downloaded to your computer. But most often, members of the public file complaints. Doctors who conduct laboratory research do not have to have licenses. No complaint is too minor. 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. 4 0 obj An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program. Examples of those violations include: practicing under the influence of alcohol or drugs, engaging in sexual misconduct such as inappropriate touching, and prescribing medication when there is no need for it. 02/24/2023. 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. PDF State Board of Emergency Medical, Fire, and Transportation Services If a complaint is mailed to the board, a letter is sent to confirm that it has been received. The Medical Board is required by state law to maintain the confidentiality of all information related to Board investigations. 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. Also include your name, address and a daytime telephone number so the board can reach you if it needs additional information. Treatment and Compliance . Prepared by: Colin G. De Pew, Assistant Attorney . (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. 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. In many respects, the October meeting was no different from othermeetings. PDF State Medical Board of Ohio Formal Action Report - October 14, 2020 ;>=aEaR.Xb4`?|vs|qQ83"bF0Qv>8G[Rab:.4bgOXgEYjEILB*5vUu>:O.NYbUF!Eh$3Q&A+[q0h}7djSV5bJ2]'JW:K. Monthly Formal Action Monthly Formal Action reports include summary descriptions of the disciplinary actions initiated and the disciplinary sanctions imposed by the Medical Board at its monthly meeting. Graff & McGovern offer insight into the Ohio Medical Board and their effort to establish a path for licensees with mental or physical illness: 614-228-5800. 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. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing of conviction records. It varies, depending on the complexity of the complaint. In the absence of bad faith, any person who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable in damages in a civil action as a result of the report or testimony. BOOMERSHINE, Duane, L.M.T., (#33.023641) - Greenville, Ohio . endobj All disciplinary actions are matters of public record and may include: operation of law for certain types of criminal conviction. Complaints and Investigations Key Steps - Ohio In the end, disciplinary action is taken against less than 1 percent of doctors. What does the board do with those complaints? Gideon was found guilty in all three cases and was sentenced to 180 days in jail. Upon review, the Ohio Supreme Court reviewed that the Fifth Amendment to the U.S. Constitution includes the right to remain silent where a persons replies might be used against the person in future criminal proceedings. And more than half were against doctors. 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. (J) If the board is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and if the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. 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. And Ohio has been in the top 10 for 15 years in a row. 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 . An Ohio.gov website belongs to an official government organization in the State of Ohio. The Board has a responsibility to evaluate every complaint they receive. According to 2017 statistics from the Federation of State Medical Boards (FSMB) (the most recent available), state boards took 8813 actions that year. (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. If a doctor is licensed in more than one state, another state can letOhio's board know aboutaction taken there. And it explains why the board took action. Board actions may include: Fine or civil penalty. 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. 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. Enter your email address to follow this blog and receive notifications of new posts by email. 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. Reinstatement of a license or certificate suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board. How Disciplinary Information is Collected Of the approximately 60,000 licensees regulated by the Board, about 40,000 . 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. Other violations include conviction of a felony and the commission of fraud billing for a procedure that was not performed, for example.The board does not handle fee disputes or complaints about wait times, rude staff, health insurance or the release of medical records.The board asks that you file your complaint in writing.Complaint forms are available on med.ohio.gov. Can you complain about a doctor? (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. Ohio Reporting Statute - Horty Springer Ranked as the 7 th most diverse medical school by U.S. News & World Report in 2021, it is known nationwide for curricular innovation, pioneering research and outstanding patient care at The Ohio State University . If a licenseeissubject to discipline by the Medical Board, the licenseeshould be provided with the opportunity to present their defense andlisten to the questions and concerns of the Board Members before a sanction, if any, is imposed. (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. 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. 370 0 obj <>stream A lock or https:// means you've safely connected to the .gov website. providing information to Physicians and other healthcare professionals in Ohio. (21) The violation of section 3701.79 of the Revised Code or of any abortion rule adopted by the director of health pursuant to section 3701.341 of the Revised Code; (22) Any of the following actions taken by an agency responsible for authorizing, certifying, or regulating an individual to practice a health care occupation or provide health care services in this state or another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand; (23) The violation of section 2919.12 of the Revised Code or the performance or inducement of an abortion upon a pregnant woman with actual knowledge that the conditions specified in division (B) of section 2317.56 of the Revised Code have not been satisfied or with a heedless indifference as to whether those conditions have been satisfied, unless an affirmative defense as specified in division (H)(2) of that section would apply in a civil action authorized by division (H)(1) of that section; (24) The revocation, suspension, restriction, reduction, or termination of clinical privileges by the United States department of defense or department of veterans affairs or the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice; (25) Termination or suspension from participation in the medicare or medicaid programs by the department of health and human services or other responsible agency; (26) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice. Does the board respond to every complaint? The main outcomes measured were disciplinary actions, offenses leading to state medical board actions, and the characteristics of disciplined physicians. 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. State Board of Emergency Medical, Fire, and Transportation Services Disciplinary Actions December 14, 2022 Hearings: Joshua A. Cleland . Do an online search. Disciplinary Alerts for 2023. The board shall adopt rules governing conditions to be imposed for reinstatement. Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. A lock or https:// means you've safely connected to the .gov website. Subsequent offenses are fourth-degree felonies, punishable by six to 18 months in prison and a $5,000 fine. (3) Failure by an individual to renew a license or certificate to practice in accordance with this chapter or a certificate to recommend in accordance with rules adopted under section 4731.301 of the Revised Code shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual. (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. 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. Cookie Settings/Do Not Sell My Personal Information. On the second Wednesday of each month, the State Medical Board of Ohio holds its monthly Board meeting. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or certificate or deny the individual's application and shall require the individual, as a condition for initial, continued, reinstated, or renewed licensure or certification to practice, to submit to treatment. They are often too chatty and explain things that werent even asked. Legal counsel is recommended for any physician in connection with any Medical Board investigation or disciplinary action. When the investigator has gathered necessary information for the case, they will prepare a Report of Investigation (ROI). When serving a subpoena to an applicant for or the holder of a license or certificate issued under this chapter, service of the subpoena may be made by certified mail, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or the date the person refuses to accept delivery. 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. It's a crime to practice medicine in Ohio without a license. To inquire about disciplinary actions from previous years, please email the Investigations, Hearings & Compliance Section. 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. 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 Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Many believe that all deliberations of Board Members should be behind closed doors. EMS Discipline shall constitute grounds for the board to pursue formal and public disciplinary action against the individual pursuant to Section 4731.22(B)(19) of the Revised Code, or any other . (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.