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. (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. <>/Metadata 351 0 R/ViewerPreferences 352 0 R>> I am always appreciativeto learnthat the Board Members have read the Report and Recommendation of the disciplinary hearings, reviewed all the exhibits, and carefully consider each case. The board shall conduct all investigations or inspections and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. The Medical Board is required by state law to maintain the confidentiality of all information related to Board investigations. You can use the keyboard shortcut Control+F, or Command+F on a Mac, to open a search box. If they want to treat patients, they must be licensed. 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. Because the Board conducts thorough and just investigations, an average time for follow-up contacts is not easily determined. (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. | YDM. ( ^6F7@#/@ A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension. In other cases, though, you can find more than 100 pages of documents spelling out what action was taken, when it was taken and why. 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. The minutes showWHAT types of cases are of concern to the Board and what Discipline is typically imposed. "The public has a right to know what we do," Wehrle says. However, if you are not the subject of the complaint, you still may be contacted for information related to the investigation. In addition, as noted in a previous post, effective September 29, 2015, the Medical Board was granted the authority by the December 14, 2017 And how? Each complaint is appropriately triaged prior to being assigned to an investigator. Disciplinary Alerts for 2023. Name. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). <> The report is then routed to the Boards Secretary and Supervising Member for review. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. 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. The State Medical Board of Ohio ("Medical Board") is authorized to take disciplinary action against a licensee based on a violation of Ohio Revised Code Section 4731.22 (B). Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records. BERTALAN, George, M.D., (#35.121772) - Rocky River, Ohio . Of 340 physicians disciplined during these 30 months (approximately 0.37% per year), 308 committed 477 offenses requiring 409 actions by the SMBO. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation. Pursuant to Section 4731.22(G), medical license summarily suspended based on Board's 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. All fines will be paid online through the official State of Ohio portal, eLicense.ohio.gov. 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. The national average was 2.97 serious. The Ohio State University College of Medicine, with more than 4,500 learners, is the only academic medical center in central Ohio. Sometimes, the nature of the complaint requires an unscheduled office visit. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. State Board of Emergency Medical, Fire, and Transportation Services Disciplinary Actions December 14, 2022 Hearings: Joshua A. Cleland . At these public meetings, the Medical Board reviews and determines all mattersrelated to scope of practice, licensure and discipline. In many cases, yes. 349 0 obj <> endobj 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. Letter of Good Standing . We investigate using the complaint number assigned at intake. x\[OH~G?4/8H\{^`4Z &NLbsvnU 8iVi|uI=Kvx9*:/AS1{eV%u&. By filing an application for or holding a license or certificate to practice under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications. 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. Failing to meet continuing medical education requirements. To inquire about disciplinary actions from previous years, please email the Investigations, Hearings & Compliance Section. Can you complain about a doctor? They are often too chatty and explain things that werent even asked. Legal counsel is recommended for any physician in connection with any Medical Board investigation or disciplinary action. Formal Action Report - August 12, 2020 . If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Admissions to Board Investigator Can Be Used Against Physician in Criminal Trial, physician discipline by Ohio Medical Board, Attorney Beth Collis quoted in Medscape article on Medical Board investigations, The Dangers of a Medical Board Investigation: How to Protect Yourself, https://www.medscape.com/viewarticle/899247_2. (3) Failure by an individual to renew a license or certificate to practice in accordance with this chapter or a certificate to recommend in accordance with rules adopted under section 4731.301 of the Revised Code shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual. The Board has a responsibility to evaluate every complaint they receive. Send your request to Sallie Debolt, General Counsel, State Medical Board of Ohio, 30 E. Broad St., Third Floor, Columbus, OH 43215-6127. No complaint is too minor. For the purpose of this division, any individual who applies for or receives a license or certificate to practice under this chapter accepts the privilege of practicing in this state and, by so doing, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication. There is no fee unless the file is 100 or more pages. Investigators never contact licensees via fax. . The expense of the examination is the responsibility of the individual compelled to be examined.