Issue link: http://viewer.e-digitaledition.com/i/643923
IT GENER ALLY BEGINS with a phone call, less often a letter. It's the communication that no physician wants to receive. A field investigator from the State Medica l Board of Ohio is on the other end, requesting to meet to discuss a complaint. That may be followed by a subpoena for records, interrogatories, and scheduling a deposition, which may lead to a hearing. This is serious stuŸ that must be ta ken seriously. The Medica l Board receives an average of 4,000–5,000 complaints a year. Complaints come from the public, agency sta f f, state a nd federa l reg ulator y a gencies, physicia ns, hospita ls, and law enforcement. Directions for submitting a complaint on-line appear on the Board's website. Complaints may be submitted anonymously to safeguard confidentia lity and protect against potentia l reta liation. The Board, which is responsible for licensing and regulat- ing physicia ns, is obligated to review ever y compla int. If the Board determines that it has jurisdiction, it will assign a case number a nd field agent to investigate whether the physician has violated any of the 48 statutor y grounds for disciplinary action. A mong the most frequently a lleged grounds include: (1) failure to maintain "minima l standards" applicable to the selection of administration of drugs; (2) selling, giving away, personally furnishing, prescribing or administering drugs; (3) departure from or failure to conform to "minimal standards" of care of similar practitioners under the same or similar circumstances whether or not actua l injury to the patient is established; (4) violations of the code of ethics of the AMA, AOA, or American Podiatric Association; (5) impairment of the 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 the ability to practice; (6) a guilty plea, a judicial finding of guilt, or judicial finding of eligibility for intervention in lieu of conviction for a felony or misdemeanor committed in the course of practice; and (7) failure to cooperate in a Board investigation. The Board has the power to permanently revoke, revoke, suspend, limit, impose probation, reprimand, dismiss, or determine that no further action is needed. In FY2015, the Board handed out 156 disciplinary actions. Top reasons were impairment (35 percent), prescribing issues (19 percent), and criminal actions and convictions (12 percent). The consequences of disciplinary action can be devastating. Discipline may result in a report to the National Practitioner Data Bank, exclusion from Medicare/Medicaid, disenrollment from commercial insurers, and/or loss or suspension of medical staŸ membership/privileges. It may even end a physician's ability to practice in Ohio or elsewhere. Physicians do have statutory options and rights, including the option of settling by entering into a consent agreement or challenging the proposed disciplinary action in an administra- tive hearing. For all of these reasons, it is important for any physician under investigation to retain counsel immediately, even if the physician believes the complaint lacks merit. Counsel can schedule the initial interview by the Board investigator, prepare the physician for that interview by reviewing records and anticipating questions germane to the complaint, and accompany the physician at the interview. Counsel can further advise the physician through every step of the process. That includes advising the physician on whether to settle or go through a hearing and appeal. In some instances, counsel's advising the physician to be proactive by voluntarily taking remedial action or CME courses that address the concerns in the complaint may mitigate potential disciplinary action or even result in a "no further action needed." Retaining experienced counsel gives a physician under investigation the best chance of attaining a good legal prognosis. Joe Feltes is an attorney with Buckingham , Doolittle & Burroughs in Canton and a member of its Health & Medicine Practice Group. He is also the managing partner of Buckingham Canton. For more information about the law firm, go tobdblaw.com or e-mail Feltes at JFeltes@BDBLAW.com. ■ BY JOSEPH J. FELTES, JD All on the Line WHEN IT'S 2 4❱❱❱❱❱ B U S I N E S S S E C T I O N 2 4