The website lists actions taken against doctors back to 1965, Wehrle says. 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 Medical Board is required by state law to maintain the confidentiality of all information related to Board investigations. 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. 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. There is no fee unless the file is 100 or more pages. A first offense is a fifth-degree felony punishable by six to 12 months in prison and a $2,500 fine. In Ohio, the SMB licenses and regulates more than 86,000 medical professionals, including some 5,000 new licensees each year. Board actions may include: Fine or civil penalty. At trial, he argued that the statements he made to the investigator should be suppressed based on the Fifth Amendment protection from being forced to incriminate himself. 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. Many are minor or frivolous, such as allegations that the doctor or his staff was rude to the patient or family, billing questions, being forced to wait too long for an appointment, etc. The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license or certificate without a prior hearing. Then the cost is five cents a page, plus postage and shipping. Any summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. (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. When should you do that? EMS Discipline Failure to meet minimal standards of care in treating patients -- for example, not following up on a patient's test results. 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. 370 0 obj <>stream 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. (20) Except as provided in division (F)(1)(b) of section 4731.282 of the Revised Code or when civil penalties are imposed under section 4731.225 of the Revised Code, and subject to section 4731.226 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board. "We're a complaint-driven organization," says board spokeswoman Joan Wehrle. If the money comes from the state's general fund, it often gets cut, especially during tough economic times. Be sure to include the doctor's full name and address, the date the problem occurred and where it occurred. Ohio Revised Code Section 4760.13 Disciplinary actions. Ohio Board of Nursing | 17 S. 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(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. Suspension for a minimum of one year; terms and conditions. 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. State Medical Board of Ohio Monthly Disciplinary Meeting: No Holds Barred! Susan G. Andrews, M.D. Do an online search. 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. 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. (d) A sheriff's deputy who serves a subpoena shall receive the same fees as a sheriff. endobj 4 0 obj Two of the three consumer representatives cannot be in the health profession and at least one of them must be 60 or older. 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. 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. The monthly Board meeting minutes are online and can be reviewed by the public. Prepared by: Colin G. De Pew, Assistant Attorney . Doctors who conduct laboratory research do not have to have licenses. (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. (5) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery, osteopathic medicine and surgery, podiatric medicine and surgery, or a limited branch of medicine; or in securing or attempting to secure any license or certificate to practice issued by the board. The board may share any information it receives pursuant to an investigation or inspection, including patient records and patient record information, with law enforcement agencies, other licensing boards, and other governmental agencies that are prosecuting, adjudicating, or investigating alleged violations of statutes or administrative rules. If it has reason to believe that any individual authorized to practice by this chapter or any applicant for licensure or certification to practice suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. Emails originating from actual Medical Board staff end in. 2023 Advance Local Media LLC. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board. 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. professionals regulated by the Board. For more information about the Medical Boards Hearing Process, visit. providing information to Physicians and other healthcare professionals in Ohio. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Ohio Medical Board Discipline. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code. In 2017, three patients accused Dr. James Gideon of inappropriate touching during office visits. Examples include allegations of a dirty office or allegations of drug/alcohol impairment. The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. 2022. 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. 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. When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. 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. 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. <>/Metadata 351 0 R/ViewerPreferences 352 0 R>> Home Medical Equipment; Verify License; Laws & Rules. They also do not simply rubber stamp the recommendation of the hearing examiner in a disciplinary case. (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. Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. Letter of Good Standing . The report is then routed to the Boards Secretary and Supervising Member for review. The FSMB has collected and shared information about state medical board disciplinary actions since its founding in 1912, maintaining a comprehensive repository of national disciplinary data. (E) The sealing of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal the records. In the end, disciplinary action is taken against less than 1 percent of doctors. Prescribing drugs inappropriately or without a legitimate reason. 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. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Reprimand. In addition, as noted in a previous post, effective September 29, 2015, the Medical Board was granted the authority by the December 14, 2017 PRE-HEARING SUSPENSIONS . The summary and any objections are sent to the board, which then takes action. It varies, depending on the complexity of the complaint. 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 Does the board respond to every complaint? For example, you may be the subject of the complaint. The files below can be opened in your browser or downloaded to your computer. (N) Sanctions shall not be imposed under division (B)(28) of this section against any person who waives deductibles and copayments as follows: (1) In compliance with the health benefit plan that expressly allows such a practice. Physicians are required to complete 100 hours of continuing education every two years. (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. 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. First, here's what it won't do: take sides, award you money if you've been harmed or return funds you've spent. 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. <> On the second Wednesday of each month, the State Medical Board of Ohio holds its monthly Board meeting. (2) Investigations of alleged violations of this chapter or any rule adopted under it shall be supervised by the supervising member elected by the board in accordance with section 4731.02 of the Revised Code and by the secretary as provided in section 4731.39 of the Revised Code. The investigator may contact the SOI by telephone to schedule an interview. BERTALAN, George, M.D., (#35.121772) - Rocky River, Ohio . A telephone conference call may be utilized for acceptance of the surrender of an individual's license or certificate to practice. Referral to an alternative to discipline program for practice monitoring and recovery support (drug or alcohol dependent nurses, or in some other . Times, dates, agendas and minutes of previous meetings are available on med.ohio.gov. Type a surname or certification number in the search box to locate any matching text in the file. 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. And it explains why the board took action. CONTACT THE BOARD. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code. Subsequently, however, an Ohio Medical Board investigator made an unannounced visit to Gideons office. No complaint is too minor. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's license or certificate. An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program. 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. Disciplinary & Fining Guidelines; File a Complaint; Monthly Cite List; Monthly Formal Action; . For a full list of disciplinary actions taken by the Ohio Board of Nursing, download the PDFs in the links below. If you would like to verify the identity of a State Medical Board of Ohio investigator, please email a regional supervisor directly: The State Medical Board of Ohios purpose is to protect the public. 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. For purposes of this division, a "provision of a code of ethics of a national professional organization" does not include any provision 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. Check the state's medical licensing board for your state and anywhere the healthcare provider has practiced using the American Medical Association Doctor Finder . I was struck by the level of detail and care that each Board member took in reviewing the disciplinary matters. x\[OH~G?4/8H\{^`4Z &NLbsvnU 8iVi|uI=Kvx9*:/AS1{eV%u&. . I disagree. Ohio Emergency Medical Services | 1970 West Broad Street Columbus, Ohio 43223 | Call: (614) 466-9447 or (800) 233-0785, Investigations, Hearings & Compliance Section. 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. 02/24/2023. 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. If allegations pose a serious risk to the public, the complaint may be sent directly to the Enforcement section attorneys for review.
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