ohio medical board disciplinary actions

Formal Action Report - August 12, 2020 . "The public has a right to know what we do," Wehrle says. (2) An application for a license or certificate made under the provisions of this chapter may not be withdrawn without approval of the board. Reprimand. A disciplinary complaint can lead to disciplinary action against a doctor by the State Medical Board, up to revocation of the doctor's license to practice medicine. I make it a point to attend every Board meeting and to read the monthly Board minutes. The trial court did not suppress Gideons incriminating statements because it found that Gideon voluntarily made the statements to the investigator. Ranked as the 7 th most diverse medical school by U.S. News & World Report in 2021, it is known nationwide for curricular innovation, pioneering research and outstanding patient care at The Ohio State University . Either way, the investigator cannot disclose your role to anyone, including you, during an open investigation. 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. 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. (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. If the board takes disciplinary action against an individual under division (B) of this section 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 disciplinary action shall consist of a suspension of the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, a more serious sanction involving the individual's license or certificate to practice. How does the board learn about possible violations? (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. When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. 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. The board shall monitor the progress of each individual undertaking a recommended individual educational program. Disciplinary Action License suspension Medical practice in Ohio State Medical Board of Ohio Uncategorized. Legal counsel is recommended for any licensee in connection with any Board investigation or disciplinary action. Can you complain about a doctor? 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. BERTALAN, George, M.D., (#35.121772) - Rocky River, Ohio . <>/Metadata 351 0 R/ViewerPreferences 352 0 R>> 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. If allegations pose a serious risk to the public, the complaint may be sent directly to the Enforcement section attorneys for review. 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 hospital can report disciplinary action it has taken against a doctor; so can other agencies such as the U.S. Drug Enforcement Administration. 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. It is also refreshing to see Board Memberschallenge each other and actively deliberate before issuing a discipline. 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. Recent Board Actions Recent Board Actions January 04, 2023 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 public's confidence in the profession. (6) On a quarterly basis, the board shall prepare a report that documents the disposition of all cases during the preceding three months. Board Member Login An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program. (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. Gideon was found guilty in all three cases and was sentenced to 180 days in jail. Of the approximately 60,000 licensees regulated by the Board, about 40,000 . (3) In investigating a possible violation of this chapter or any rule adopted under this chapter, or in conducting an inspection under division (E) of section 4731.054 of the Revised Code, the board may question witnesses, conduct interviews, administer oaths, order the taking of depositions, inspect and copy any books, accounts, papers, records, or documents, issue subpoenas, and compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony, except that a subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the secretary and supervising member of the board. Send your request to Sallie Debolt, General Counsel, State Medical Board of Ohio, 30 E. Broad St., Third Floor, Columbus, OH 43215-6127. The president may designate another member of the board to supervise the investigation in place of the supervising member. 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. Because the Board conducts thorough and just investigations, an average time for follow-up contacts is not easily determined. In all kinds of ways. In 2017, three patients accused Dr. James Gideon of inappropriate touching during office visits. How long does it take the board to investigate a complaint? 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. The expense of the examination is the responsibility of the individual compelled to be examined. Although terminology may differ, board disciplinary action affects the nurse's licensure status and ability to practice nursing in the jurisdiction. If the board takes disciplinary action against an individual under division (B) of this section 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 disciplinary action shall consist of a suspension of the individual's license or certificate to . 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. Once a complaint is assigned to an investigator, it becomes an investigative case. Date: 8/31/2020 . In many cases, yes. Do an online search. The Medical Board is required by state law to maintain the confidentiality of all information related to Board investigations. (F)(1) The board shall investigate evidence that appears to show that a person has violated any provision of this chapter or any rule adopted under it. The board shall not make public the names or any other identifying information about patients or complainants unless proper consent is given or, in the case of a patient, a waiver of the patient privilege exists under division (B) of section 2317.02 of the Revised Code, except that consent or a waiver of that nature is not required if the board possesses reliable and substantial evidence that no bona fide physician-patient relationship exists. File a Complaint . Too many physicians think they dont need a lawyer and can just talk the Board investigators into dropping the complaint. No complaint is too minor. According to 2017 statistics from the Federation of State Medical Boards (FSMB) (the most recent available), state boards took 8813 actions that year. Written allegations shall be prepared for consideration by the board. 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. (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. The state medical board shall obtain and keep on file current copies of the codes of ethics of the various national professional organizations. http://med.ohio.gov/ForthePublic/BoardMeetingMinutes.aspx, Follow Ohio Medical Board Defense Counsel Blog on WordPress.com, Interagency Fraud Enforcement Action Highlights Telepharmacy Compliance Risks, Reporting by Physicians Enrolled in Medicare, Ohio Counselor, Social Worker, and Marriage and Family Therapist Board Issues Emergency Rule 4757-5-13 Regarding Teletherapy, Ohio Board of Pharmacy Takes Additional COVID-19 Response Efforts. They also do not simply rubber stamp the recommendation of the hearing examiner in a disciplinary case. Falsifying information or fraud, such as billing for procedures that were never performed. (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. 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 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. 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. If the person being served refuses to accept the subpoena or is not located, service may be made to an attorney who notifies the board that the attorney is representing the person. 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. In the matter of EMS Case 2020-266-BE100, Joshua A. Cleland, Certificate Number 105641, the Board issued an . The board put 38 doctors on probation, suspended 52 and permanently revoked the licenses of 22 others. Can you get details on why a doctor was sanctioned by the board? Emails originating from actual Medical Board staff end in. (b) On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move for an order compelling the production of persons or records pursuant to the Rules of Civil Procedure. 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. Gideon told Bluffton police he did not inappropriately touch any patients. Times, dates, agendas and minutes of previous meetings are available on med.ohio.gov. To put that in perspective, the board regulates more than 64,000 health professionals, about 42,000 of whom are physicians. A doctor with an alcohol problem, for example, is typically required to attend AA meetings, submit to urine screenings and make periodic appearances before the board to verify that he or she is complying with the terms of probation. If the investigation supports disciplinary action from the Board, you will receive a letter from the Board notifying you that you are entitled to a hearing regarding the matters outlined in the letter. When the investigator has gathered necessary information for the case, they will prepare a Report of Investigation (ROI).