Issue link: https://viewer.e-digitaledition.com/i/1162295
By Joseph J. Feltes, JD All on the Line WHEN IT'S 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 Medical 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 stuff that must be taken seriously. The Medical Board receives an average of 4,000–5,000 com- plaints a year. Complaints come from the public, agency staff, state and federal regulatory agencies, physicians, hospitals, and law enforcement. Directions for submitting a complaint on-line appear on the Board's website. Complaints may be submitted anonymously to safeguard confidentiality and protect against potential retaliation. The Board, which is responsible for licensing and regulating physicians, is obligated to review every complaint. If the Board determines that it has jurisdiction, it will assign a case number and field agent to investigate whether the physician has violated any of the 48 statutory grounds for disciplinary action. Among the most frequently alleged grounds include: (1) failure to maintain "minimal standards" applicable to the selection of administration of drugs; (2) selling, giving away, personally fur- nishing, 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 actual 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, reprima nd, dismiss, or determine that no further action is needed. The consequences of disciplinary action can be devastating. Discipline may result in a report to the Nationa l Practitioner Data Bank, exclusion from Medicare/Medicaid, disenrollment from commercial insurers, and/or loss or suspension of medical sta ff 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 a ll 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 initia l interview by the Board investigator, prepare the physician for that interview by reviewing records a nd a nticipating questions germa ne to the compla int, a nd 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 ta king remedia l 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." R e t a i n i n g e x p e r i e n c e d c o u n s e l g i v e s a p h y s i c i a n u nder i nvestigation t he best cha nce of at t a i n i n g a good lega l prog nosis. 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 to bdblaw.com or e-mail Feltes at JFeltes@BDBLAW.com. n 1 4❱❱❱❱❱ B U S I N E S S S E C T I O N