Disciplinary Actions by the State Medical Board

Any person holding a valid certificate to practice one or more of the limited branches of medicine or surgery is subject to disciplinary suspension or revocation action by the Ohio State Medical Board, and may additionally be subject to criminal prosecution, if such person performs acts beyond the scope of the limited branch for which he or she has been granted a certificate or which are otherwise violative of the rules governing practitioners of limited branches of medicine or surgery. OAC § 4731-1-02 (B)

“The State Medical Board…may revoke or may refuse to grant a certificate to a person found by the Board to have committed fraud in passing the examination or to have committed fraud, misrepresentation or deception in applying for or securing any license or certificate issued by the Board.” ORC § 4731.22 (A)

“The State Medical Board of Ohio…shall, to the extent permitted by law, limit, revoke or suspend a certificate, refuse to register or refuse to reinstate an applicant, or reprimand or place on probation the holder of a certificate for one or more of the following reasons:

Permitting one’s name or one’s certificate of registration to be used by a person, group or corporation when the individual concerned is not actually directing the treatment given;

Failure to use reasonable care discrimination…or failure to employ acceptable scientific methods…or other modalities for treatment of disease;

Selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, or a judicial finding of guilt of, a violation of any federal or state law regulating the possession, distribution, or use of any drug;

Willfully betraying a professional confidence or 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…

Soliciting patients or publishing a false, fraudulent, deceptive or misleading statement. 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.

A departure from, or the failure to conform to, minimal standards of care of similar [health care practitioners] under the same or similar circumstances, whether or not actual injury to a patient is established;

Representing, with the purpose of obtaining compensation or other advantage for himself or for any other person, that an incurable disease or injury or other incurable condition can be permanently cured;

The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;

A plea of guilty to, or a judicial finding of guilt of, a felony;

Commission of an act that constitutes a felony in this state regardless of the jurisdiction in which the act was committed;

A plea of guilty to, or a judicial finding of guilt of, a misdemeanor committed in the course of practice;

Commission of an act that constitutes a misdemeanor in this state regardless of the jurisdiction in which the act was committed, if the act was committed in the course of practice;

A plea of guilty to, or a judicial finding of guilt of, a misdemeanor involving moral turpitude;

Commission of an act that constitutes a misdemeanor in this state regardless of the jurisdiction in which the act was committed, if the act involves moral turpitude;

Violation of the conditions of limitation placed by the Board upon a certificate to practice or violation of the conditions of limitation upon which a limited or temporary registration or certificate to practice is issued;

Failure to pay license renewal fees specified in this chapter;

Any division of fees or charges, or any agreement or arrangement to share fees or charges, made by any person licensed [as a health care practitioner] with any other person so licensed or with any other person;

(a) the violation of any provision of a code of ethics of a national professional organization…. The practitioner whose 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 his profession…;

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 aversely affects cognitive, motor or perceptive skills. In enforcing this division, the Board upon a showing of a possible violation, may compel any individual licensed or certified to practice by this chapter or who has applied for licensure or certification pursuant to this chapter to submit to a mental or physical examination, or both, as required by and at the expense of the Board. Failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations against him unless the failure is due to circumstances beyond his control, and a default and final order may be entered without the taking of testimony or presentation of evidence…;

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;

The violation of any abortion rule adopted by the Public Health Council...;

The limitation, revocation or suspension by another state of a license or certificate to practice issued by the proper licensing authority of that state, the refusal to license, register or reinstate an applicant by that authority, or the imposition of probation by that authority for action that would also have been a violation of this chapter, except for nonpayment of fees;

The violation of Section 2919.12 [unlawful abortions] of the Revised Code;

The revocation, suspension, restriction, reduction or termination of clinical privileges by the Department of Defense, or the Veterans Administration of the United States, for any act or acts that would also constitute a violation of this chapter;

Termination or suspension from Medicare or Medicaid programs by the Department of Health and Human Services or other responsible agency for any act or acts that would also constitute a violation of Division (B)(2), …(6), (8) or (19) or this section;

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…” ORC § 4731.22 (B)

The State Medical Board of Ohio shall conduct all investigations and proceedings in such a manner as to protect patient confidentiality. The Board shall not make public names or other identifying information about patients unless proper consent is given or a waiver of the patient privilege exists (e.g. a patient files a medical care related claim against a health care provider)…except that no such consent or waiver is required if the Board possesses reliable and substantial evidence that no bona fide [practitioner]-patient relationship exists.” ORC § 4731.22 (C) (1)

“Any action taken by the State Medical Board of Ohio…resulting in a suspension from the practice shall be accompanied by a written statement of the conditions under which the certificate holder may be reinstated to practice. ORC § 4731.22 (G)

“Notwithstanding any other provision of the Revised Code, no surrender of a license…shall be effective unless or until accepted by the State Medical Board of Ohio.” ORC § 4731.22 (H)

“Notwithstanding any other provision of the Revised Code, no application for a license or certificate…may be withdrawn without approval of the State Medical Board of Ohio.” ORC § 4731.22 (H)

SUMMARY SUSPENSION

“If the secretary and supervising member [of the Medical Board] determine that there is clear and convincing evidence that a [health care practitioner] has violated ORC § 4731.22 (B) …and that the [practitioner’s] continued practice presents a danger of immediate and serious harm to the public, they may recommend that the State Medical Board of Ohio suspend the [practitioner’s] certificate without a prior hearing…

The State Medical Board of Ohio, upon review of those allegations…may suspend a certificate without a prior hearing…

The State Medical Board of Ohio shall issue a written order of suspension by certified mail or in person…. Such order shall not be subject to suspension by the court during the pendency of any appeal…. If the certificate holder requests an adjudicatory hearing by the Board, the date set for such hearing shall be within fifteen days, but not earlier than seven days, after the certificate holder has requested a hearing, unless otherwise agreed by both the Board and the certificate holder.

Any summary suspension imposed shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the State Medical Board of Ohio…becomes effective. The Board shall issue its final adjudicative order within sixty days after completion of its hearing. A failure to issue the order within sixty days shall result in dissolution of the summary suspension order, but shall not invalidate any subsequent, final adjudicative order.” ORC § 4731.22 (D)

AUTOMATIC SUSPENSION

“Any holder of a certificate or license…who has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of guilt or eligibility for treatment in lieu of conviction entered against him in this state for aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, aggravated arson, aggravated robbery or aggravated burglary, or who has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of guilt of eligibility for treatment in lieu of conviction entered against him in another jurisdiction for any substantially equivalent criminal offense, is automatically suspended from practice…in this state and any certificate or license issued…is automatically suspended as of the date of the guilty plea, verdict or finding of guilt, or judicial finding of eligibility for treatment in lieu of conviction, whether the proceedings are brought in this state or another jurisdiction. An individual’s continued practice after the suspension…shall be considered practicing without a certificate or license. The Board shall notify the suspended individual of the suspension by certified mail or in person…. If an individual…fails to make a timely request for a adjudicatory hearing, the Board shall enter a final order revoking the certificate or license.” ORC § 4731.22 (F)

Disciplinary Actions by the State Medical Board