370 0 obj <>stream All members are appointed by the governor, with approval from the state Senate. Of 340 physicians disciplined during these 30 months (approximately 0.37% per year), 308 committed 477 offenses requiring 409 actions by the SMBO. On December 15, 2020, the Ohio Supreme Court ruled 6-1 that a physicians admissions made to an Ohio Medical Board investigator can be used against the physician in his criminal trial. Mike DeWine, GovernorSherry Johnson, DO - President Jonathan Feibel, MD - Vice President, State Medical Board of Ohio investigators will not ask for fine payment or personal/sensitive information over the phone. (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. In certain cases, though, the board may ask permission for the name to be shared with a doctor in order to investigate the concern. Discipline can include, but is not limited to, suspension, permanent revocation and non-permanent revocation of a medical license. (19) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills. 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. Gideon was found guilty in all three cases and was sentenced to 180 days in jail. 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. For more information about the Medical Boards Hearing Process, visit. %PDF-1.7 Also include your name, address and a daytime telephone number so the board can reach you if it needs additional information. Written allegations shall be prepared for consideration by the board. You can use the keyboard shortcut Control+F, or Command+F on a Mac, to open a search box. endobj Subsequently, however, an Ohio Medical Board investigator made an unannounced visit to Gideons office. PRE-HEARING SUSPENSIONS . (4) At the request of the board, a license or certificate holder shall immediately surrender to the board a license or certificate that the board has suspended, revoked, or permanently revoked. However, if you are not the subject of the complaint, you still may be contacted for information related to the investigation. The president may designate another member of the board to supervise the investigation in place of the supervising member. The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. What does the medical board do? 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. Board Laws & Rules; Ohio Revised Code; Ohio Administrative Code; Code of Federal Regulations; Rule Changes; Proposed Rules; Pharmacist Workload Advisory Committee; . We investigate using the complaint number assigned at intake. On the second Wednesday of each month, the State Medical Board of Ohio holds its monthly Board meeting. How does the board learn about possible violations? (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. (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. The clinical knowledge and expertise of physicians are needed to determine if a doctor is practicing safely and according to the appropriate standards of care, Wehrle says. A first offense is a fifth-degree felony punishable by six to 12 months in prison and a $2,500 fine. (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. Can you get details on why a doctor was sanctioned by the board? 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. But most often, members of the public file complaints. Susan G. Andrews, M.D. (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. The ROI is reviewed and approved by the Investigator Supervisor. Too many physicians think they dont need a lawyer and can just talk the Board investigators into dropping the complaint. Many believe that all deliberations of Board Members should be behind closed doors. State Medical Board of Ohio 30 East Broad Street, 3rd Floor Columbus, OH 43215 Directions Security FAQs for Visitors . State Medical Board of Ohio . Last year, 4,469 new complaints were filed with the board. The files below can be opened in your browser or downloaded to your computer. The Board is responsible to investigate complaints against applicants and licensees and to take disciplinary action against those who violate the public health and safety standards. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. 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. One of the Medical Board's most important functions is the enforcement of its laws and rules. The individual whose license or certificate is being suspended or revoked shall not be found to have violated any provision of a code of ethics of an organization not appropriate to the individual's profession. If you don't have a computer, you can obtaina complaint form by calling the board at 1-800-554-7717 or writing to Public Inquiries, State Medical Board of Ohio, 30 E. Broad St., Third Floor, Columbus, OH, 43215-6127.When filing a complaint, provide as much detail as you can. In other cases, the physician had been disciplined by a medical board in another state or found guilty of a felony. The Medical Board meets each month in the Administrative Hearing Room on the 3rd floor of the Rhodes Office Tower, 30 East Broad Street, Columbus, Ohio. Meeting agendas and minutes are available . 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. professionals regulated by the Board. (I) The license or certificate to practice issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date of the individual's 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. 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 following documents include an explanation of the complaint and investigation process and the actual form needed to file a complaint . Treatment and Compliance . No member of the board who supervises the investigation of a case shall participate in further adjudication of the case. At these public meetings, the Medical Board reviews and determines all mattersrelated to scope of practice, licensure and discipline. Can you complain about a doctor? The Board plays a critical role in impacting the safety of nursing care that touches virtually all Ohioans. Pursuant to Section 4731.22(I), Ohio Revised Code, license to practice massage . %PDF-1.6 % (5) A report required to be submitted to the board under this chapter, a complaint, or information received by the board pursuant to an investigation or pursuant to an inspection under division (E) of section 4731.054 of the Revised Code is confidential and not subject to discovery in any civil action. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds. In the article Ms. Collis addresses the 9,000 complaints that the State Medical Board of Ohio receives each year. Upon termination of Suspension, Probation will be imposed for a minimum of three years; terms and conditions. Generally, disciplinary actions must be taken pursuant to an adjudication under the Administrative Procedure Act.45 Also pursuant to an adjudication under the Administrative Procedure Act, in addition to the discipline described above, the Medical Board may impose civil penalties against CMHAs for The national average was 2.97 serious actions for every 1,000 doctors. 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 publics confidence in the profession. Type a surname or certification number in the search box to locate any matching text in the file. Reprimand. The State Medical Board of Ohio licenses and oversees the practice of medicine in Ohio. Investigators never contact licensees via fax. EMS Discipline What types of violations can a doctor be disciplined for? Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of February 8, 2023. Stay in touch with us! Read the article, written by Mark Crane, by clicking on the following link:https://www.medscape.com/viewarticle/899247_2. Doctors who are placed on probation, for example, are monitored by the board during that time, which is typically five years. Upon receipt of the complaint, the investigator may decide to gather preliminary information before contacting the Subject of Investigation (SOI). Send your request to Sallie Debolt, General Counsel, State Medical Board of Ohio, 30 E. Broad St., Third Floor, Columbus, OH 43215-6127. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code. Any action taken against those professionals is also listed on the medical board website. CITATIONS/PROPOSED DENIALS Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of June 8, 2022. Updates may be slower during some times of the year, depending on the volume of enacted legislation. Share sensitive information only on official, secure websites. Then the cost is five cents a page, plus postage and shipping. Prepared by: Colin G. De Pew, Assistant Attorney . Ohio Revised Code Section 4760.13 Disciplinary actions. If you find a healthcare provider's license has been suspended, that generally means that there has been an actionable offense. The main outcomes measured were disciplinary actions, offenses leading to state medical board actions, and the characteristics of disciplined physicians. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of August 12, 2020. 3 0 obj The summary and any objections are sent to the board, which then takes action. With the complainants permission, the complaint may be sent to the SOI for a response. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Each complaint is appropriately triaged prior to being assigned to an investigator. Suspension for a minimum of one year; terms and conditions. Can I trust the board to take action if most members are doctors and it's funded 100 percent by license fees from health care professionals? What is the State Medical Board of Ohio, and what does it do? 365 0 obj <>/Filter/FlateDecode/ID[<968F468C8480EB449EFF170567B020B0>]/Index[349 22]/Info 348 0 R/Length 80/Prev 147877/Root 350 0 R/Size 371/Type/XRef/W[1 2 1]>>stream That site shows all kinds of doctors have been punished: anesthesiologists, cardiologists, gynecologists, pediatricians, podiatrists and psychiatrists. Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board. . 02/24/2023. (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. A lock or https:// means you've safely connected to the .gov website. In a judicial proceeding, the information may be admitted into evidence only in accordance with the Rules of Evidence, but the court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or complainants whose confidentiality was protected by the state medical board when the information was in the board's possession. The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. 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. BOOMERSHINE, Duane, L.M.T., (#33.023641) - Greenville, Ohio . Check the state's medical licensing board for your state and anywhere the healthcare provider has practiced using the American Medical Association Doctor Finder . And Ohio has been in the top 10 for 15 years in a row. Although terminology may differ, board disciplinary action affects the nurse's licensure status and ability to practice nursing in the jurisdiction. In 2017, three patients accused Dr. James Gideon of inappropriate touching during office visits. If an individual whose license or certificate is automatically suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall do whichever of the following is applicable: (1) If the automatic suspension under this division is 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 board shall enter an order suspending the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, imposing a more serious sanction involving the individual's license or certificate to practice. Minutes of board meetings, correspondence between the doctor and the board and legal documents are posted on the website as well. Failure to submit to a mental or physical examination or consent to an HIV test 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. To put that in perspective, the board regulates more than 64,000 health professionals, about 42,000 of whom are physicians. Date. Does the board monitor doctors after action has been taken? The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. "Formal disciplinary action" includes a summary action, an action that takes effect notwithstanding any appeal rights that may exist, and an action that results in an individual surrendering clinical privileges while under investigation and during proceedings regarding the action being taken or in return for not being investigated or having To check on the status of a complaint, please email: Visiting Clinical Professional Development Certificate, ASA Physical Status Classification System, Social Media & Digital Communications Guidelines, State Medical Board of Ohio's Hearing Process. (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. For example, you may be the subject of the complaint. Ohio Medical Board Discipline.