I highly encourage all licensees to read the monthly Board minutes. 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. The board issues state medical licenses and oversees the practice of medical professionals in various health disciplines including physicians, podiatrists,. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. For a full list of disciplinary actions taken by the Ohio Board of Nursing, download the PDFs in the links below. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> For more information about the Medical Boards Hearing Process, visit. One of the Medical Board's most important functions is the enforcement of its laws and rules. 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. 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. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board. (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. 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. (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. All rights reserved (About Us). Board Laws & Rules; Ohio Revised Code; Ohio Administrative Code; Code of Federal Regulations; Rule Changes; Proposed Rules; Pharmacist Workload Advisory Committee; . What can I find out about an action taken against a doctor? The investigator provided these admission to Bluffton police. Each witness who appears before the board in obedience to a subpoena shall receive the fees and mileage provided for under section 119.094 of the Revised Code. Board actions may include: Fine or civil penalty. 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. These included 796 suspensions, 764. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. State Medical Board of Ohio 30 East Broad Street, 3rd Floor Columbus, OH 43215 Directions Security FAQs for Visitors . (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. 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. Any action taken against those professionals is also listed on the medical board website. 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. STAFF USE ONLY. | YDM. ( ^6F7@#/@ Share sensitive information only on official, secure websites. (K) Any action taken by the board under division (B) of this section resulting in a suspension from practice shall be accompanied by a written statement of the conditions under which the individual's license or certificate to practice may be reinstated. A failure to issue the order within seventy-five days shall result in dissolution of the summary suspension order but shall not invalidate any subsequent, final adjudicative order. 370 0 obj <>stream Stay in touch with us! 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. 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. (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. (d) A sheriff's deputy who serves a subpoena shall receive the same fees as a sheriff. BERTALAN, George, M.D., (#35.121772) - Rocky River, Ohio . (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. Does the board monitor doctors after action has been taken? For more information about the Medical Board's Hearing Process, visit State Medical Board of Ohio's Hearing Process The Board Members do not hold back in their questions, concerns or comments while deliberating the sanction that should be imposed in a given case. Times, dates, agendas and minutes of previous meetings are available on med.ohio.gov. Such activities may include interviewing the complainant, reviewing an OARRS report or the subpoena of medical records. "And then they're going to have to lay off their staff and they're not going to have the capacity to investigate and decide what action should be taken," Wolfe says. Any person may report to the board in a signed writing any information that the person may have that appears to show a violation of any provision of this chapter or any rule adopted under it. endstream endobj startxref The board shall adopt rules governing conditions to be imposed for reinstatement. Then, describe your concerns. Minutes of board meetings, correspondence between the doctor and the board and legal documents are posted on the website as well. A second letter is often sent stating only that the board has finished its review. Checking out your doctor takes just a few minutes on the State Medical Board of Ohio website or a call to its toll-free number. Each complaint or allegation of a violation received by the board shall be assigned a case number and shall be recorded by the board. Of the approximately 60,000 licensees regulated by the Board, about 40,000 . 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. Formal Action Report - August 12, 2020 . Can you complain about a doctor? Many believe that all deliberations of Board Members should be behind closed doors. 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 October 14, 2020. We investigate using the complaint number assigned at intake. %PDF-1.6 % 2023 Advance Local Media LLC. A telephone conference call may be utilized for ratification of a consent agreement that revokes or suspends an individual's license or certificate to practice or certificate to recommend. endstream endobj 350 0 obj <. Reprimand. Disciplinary Actions Disciplinary Actions Any disciplinary action against a licensee is posted to the individual chiropractic physician's profile. As always, if you have any questions about this blog or the State Medical Board of Ohio, please feel free to contact one of the attorneys at Collis Law Group LLC at (614) 486-3909 or email me at Beth@collislaw.com. The report is then routed to the Boards Secretary and Supervising Member for review. All members are appointed by the governor, with approval from the state Senate. And it explains why the board took action. (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 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. Although certain standards are adhered to, each complaint and situation present a unique set of circumstances and is handled as such. A first offense is a fifth-degree felony punishable by six to 12 months in prison and a $2,500 fine. At these public meetings, the Medical Board reviews and determines all mattersrelated to scope of practice, licensure and discipline. State Board of Emergency Medical, Fire, and Transportation Services Disciplinary Actions December 14, 2022 Hearings: Joshua A. Cleland . Dr. Sidney Wolfe, founder and director of Public Citizen's Health Research Group, says it's good that Ohio uses license fees to support the medical board. http://med.ohio.gov/ForthePublic/BoardMeetingMinutes.aspx. The nonprofit consumer group Public Citizen has ranked Ohio's board as one of the top 10 in the country when it comes to disciplining doctors. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. If they want to treat patients, they must be licensed. 4 0 obj How long does it take the board to investigate a complaint? 3 0 obj 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. Monthly Administrative Action - January 2022; 2021. (G) If the secretary and supervising member determine both of the following, they may recommend that the board suspend an individual's license or certificate to practice or certificate to recommend without a prior hearing: (1) That there is clear and convincing evidence that an individual has violated division (B) of this section; (2) That the individual's continued practice presents a danger of immediate and serious harm to the public. Do an online search. (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.