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. Cookie Settings/Do Not Sell My Personal Information. (6) A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established; (7) Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured; (8) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice; (9) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony; (10) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed; (11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice; (12) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed; (13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude; (14) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed; (15) Violation of the conditions of limitation placed by the board upon a license or certificate to practice; (16) Failure to pay license renewal fees specified in this chapter; (17) Except as authorized in section 4731.31 of the Revised Code, engaging in the division of fees for referral of patients, or the receiving of a thing of value in return for a specific referral of a patient to utilize a particular service or business; (18) Subject to section 4731.226 of the Revised Code, violation of any provision of a code of ethics of the American medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. 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. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. 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. 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. In other cases, the physician had been disciplined by a medical board in another state or found guilty of a felony. If no hearing is requested, the board simply reviews the case and takes action. A hospital can report disciplinary action it has taken against a doctor; so can other agencies such as the U.S. Drug Enforcement Administration. Gideon was charged with three misdemeanor counts of sexual imposition. I make it a point to attend every Board meeting and to read the monthly Board minutes. Any action taken against those professionals is also listed on the medical board website. Disciplinary Actions Disciplinary Actions Any disciplinary action against a licensee is posted to the individual chiropractic physician's profile. The following documents include an explanation of the complaint and investigation process and the actual form needed to file a complaint . In Ohio, the SMB licenses and regulates more than 86,000 medical professionals, including some 5,000 new licensees each year. All fines will be paid online through the official State of Ohio portal, eLicense.ohio.gov. FnS03ge|PpivGji&O (E&8@` 88 What does all that mean to you, the patient? There is no fee unless the file is 100 or more pages. An Ohio.gov website belongs to an official government organization in the State of Ohio. The investigator provided these admission to Bluffton police. The Ohio Supreme Court found that Gideons belief that he was being threatened was not objectively reasonable under the facts and circumstances of the investigation. Factors which contribute to delays include working in coordination with other regulatory or law enforcement agencies or the unavailability of witnesses. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (B) of this section. Does the board respond to every complaint? An Ohio.gov website belongs to an official government organization in the State of Ohio. The Board has a responsibility to evaluate every complaint they receive. Prepared by: Colin G. De Pew, Assistant Attorney . (M) Notwithstanding any other provision of the Revised Code, all of the following apply: (1) The surrender of a license or certificate issued under this chapter shall not be effective unless or until accepted by the board. Examples include allegations of a dirty office or allegations of drug/alcohol impairment. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Those that post the most risk to patients -- doctors practicing while impaired by alcohol or drugs, for example -- receive the highest priority. % Because the Board conducts thorough and just investigations, an average time for follow-up contacts is not easily determined. (2) In all circumstances in which division (I)(1) of this section does not apply, enter a final order permanently revoking the individual's license or certificate to practice. 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. Subsequently, however, an Ohio Medical Board investigator made an unannounced visit to Gideons office. The board issues state medical licenses and oversees the practice of medical professionals in various health disciplines including physicians, podiatrists,. 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. The national average was 2.97 serious. About. And it doesn't launch inquiries into complaints it doesn't have the legal authority to look into -- those against nurses, for example. However, if you are not the subject of the complaint, you still may be contacted for information related to the investigation. 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. In the matter of EMS Case 2020-266-BE100, Joshua A. Cleland, Certificate Number 105641, the Board issued an . 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. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. Doctors who conduct laboratory research do not have to have licenses. Not all complaints result in an investigation or discipline. 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. In that final order, the board may order any of the sanctions identified under division (A) or (B) of this section. (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 identity of the person who complains is always confidential under Ohio law. Although terminology may differ, board disciplinary action affects the nurse's licensure status and ability to practice nursing in the jurisdiction. (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. 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. (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. 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. 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. Treatment and Compliance . If the board finds an individual unable to practice because of the reasons set forth in this division, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. 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. This report includes national physician disciplinary statistics in a variety of categories for the year 2021. 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 The minutes showWHAT types of cases are of concern to the Board and what Discipline is typically imposed. It varies, depending on the complexity of the complaint. With the complainants permission, the complaint may be sent to the SOI for a response. 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. (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. 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. 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 . 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. If you don't have a computer, you can request paper copies. Enter your email address to follow this blog and receive notifications of new posts by email. What is the State Medical Board of Ohio, and what does it do? Discipline can include, but is not limited to, suspension, permanent revocation and non-permanent revocation of a medical license. Gideon told Bluffton police he did not inappropriately touch any patients. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing of conviction records. 2022. | YDM. ( ^6F7@#/@ It is also refreshing to see Board Memberschallenge each other and actively deliberate before issuing a discipline. (6) On a quarterly basis, the board shall prepare a report that documents the disposition of all cases during the preceding three months. Sanction. 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). If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. For example, you may be the subject of the complaint. "We're a complaint-driven organization," says board spokeswoman Joan Wehrle. This information varies dramatically by state. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation. (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. Home Medical Equipment; Verify License; Laws & Rules. Formal Action Report - August 12, 2020 . What does the board do with those complaints? A second letter is often sent stating only that the board has finished its review. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records. The expense of the examination is the responsibility of the individual compelled to be examined. For more information about the Medical Boards Hearing Process, visit. 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. endobj Disciplinary & Fining Guidelines; File a Complaint; Monthly Cite List; Monthly Formal Action; . Check the state's medical licensing board for your state and anywhere the healthcare provider has practiced using the American Medical Association Doctor Finder . A new version of Section 4731.22 exists that will be effective as of April 4, 2023, September 17, 2014 House Bill 314, House Bill 483, House Bill 341 - 130th General Assembly, April 1, 2015 Senate Bill 276 - 130th General Assembly, September 29, 2015 House Bill 64 - 131st General Assembly, September 8, 2016 House Bill 523 - 131st General Assembly, March 14, 2017 Amended by Senate Bill 127, House Bill 290, Senate Bill 319 - 131st General Assembly, September 29, 2017 Amended by House Bill 49 - 132nd General Assembly, September 28, 2018 Amended by House Bill 111, House Bill 156 - 132nd General Assembly, July 11, 2019 Amended by Senate Bill 23 - 133rd General Assembly, April 12, 2021 Amended by Senate Bill 260, House Bill 442 - 133rd General Assembly, October 9, 2021 Amended by House Bill 263 (GA 133), Senate Bill 260 (GA 133), House Bill 442 (GA 133), House Bill 110 (GA 134), January 27, 2022 Amended by House Bill 176 - 134th General Assembly, March 23, 2022 Amended by Senate Bill 157 - 134th General Assembly, April 4, 2023 Amended by House Bill 254 (GA 134), Senate Bill 288 (GA 134), Chapter 4731 Physicians; Limited Practitioners. 4 0 obj 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. One of the Medical Board's most important functions is the enforcement of its laws and rules. State Board of Emergency Medical, Fire, and Transportation Services Disciplinary Actions December 14, 2022 Hearings: Joshua A. Cleland . The monthly Board meeting minutes are online and can be reviewed by the public. 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. Subsequent offenses are fourth-degree felonies, punishable by six to 18 months in prison and a $5,000 fine. Gideon, who was aware of the Ohio Medical Board legal requirement to cooperate with and provide truthful answers to the investigator, admitted to touching certain areas on the patients and succumbing to temptation. It's available online at no charge. 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. 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). 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. Monthly Administrative Action - January 2022; 2021. (27) A second or subsequent violation of section 4731.66 or 4731.69 of the Revised Code; (28) Except as provided in division (N) of this section: (a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that individual; (b) Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay.