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 Here are answers to questions about the medical board, what it can and can't do, and how it can help you. Monthly Formal Action Monthly Formal Action reports include summary descriptions of the disciplinary actions initiated and the disciplinary sanctions imposed by the Medical Board at its monthly meeting. Reprimand. These included 796 suspensions, 764. CLEVELAND, Ohio -- In 2011, the State Medical Board disciplined 157 doctors licensed to practice in Ohio. Gideon was charged with three misdemeanor counts of sexual imposition. "Formal disciplinary action" includes a summary action, an action that takes effect notwithstanding any appeal rights that may exist, and an action that results in an individual surrendering clinical privileges while under investigation and during proceedings regarding the action being taken or in return for not being investigated or having 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. 1 0 obj In some cases, the doctor engaged in sexual misconduct, was found to be under the influence of alcohol or drugs, or had prescribed drugs to patients who didn't need them. 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. An Ohio.gov website belongs to an official government organization in the State of Ohio. If a licenseeissubject to discipline by the Medical Board, the licenseeshould be provided with the opportunity to present their defense andlisten to the questions and concerns of the Board Members before a sanction, if any, is imposed. Upon review, the Ohio Supreme Court reviewed that the Fifth Amendment to the U.S. Constitution includes the right to remain silent where a persons replies might be used against the person in future criminal proceedings. If the money comes from the state's general fund, it often gets cut, especially during tough economic times. Examples of those violations include: practicing under the influence of alcohol or drugs, engaging in sexual misconduct such as inappropriate touching, and prescribing medication when there is no need for it. 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). At these public meetings, the Medical Board reviews and determines all mattersrelated to scope of practice, licensure and discipline. (L) When the board refuses to grant or issue a license or certificate to practice to an applicant, revokes an individual's license or certificate to practice, refuses to renew an individual's license or certificate to practice, or refuses to reinstate an individual's license or certificate to practice, the board may specify that its action is permanent. 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. Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board. %%EOF 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. Monthly Administrative Action - January 2022; 2021. (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. In 2017, three patients accused Dr. James Gideon of inappropriate touching during office visits. If a doctor agrees to what's called a voluntary retirement, all that is on record is a two-page document that says little more than that. . Among other things, the board can discipline doctors for: An impaired ability to practice medicine because of drug or alcohol abuse or physical or mental illness. Ms. Collis also addresses how it is necessary for physicians to respond to Board investigations or inquiries. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect. (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. Community Rules apply to all content you upload or otherwise submit to this site. How Disciplinary Information is Collected Date. Suspension for a minimum of one year; terms and conditions. However, if you are not the subject of the complaint, you still may be contacted for information related to the investigation. It is also refreshing to see Board Memberschallenge each other and actively deliberate before issuing a discipline. endstream endobj startxref Cookie Settings/Do Not Sell My Personal Information. (5) A report required to be submitted to the board under this chapter, a complaint, or information received by the board pursuant to an investigation or pursuant to an inspection under division (E) of section 4731.054 of the Revised Code is confidential and not subject to discovery in any civil action. Mike DeWine, GovernorSherry Johnson, DO - President Jonathan Feibel, MD - Vice President, State Medical Board of Ohio investigators will not ask for fine payment or personal/sensitive information over the phone. 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. Ohio Physician's Health Program within 90 days, comply with all treatment recommendations, and . (4) All hearings, investigations, and inspections of the board shall be considered civil actions for the purposes of section 2305.252 of the Revised Code. The files below can be opened in your browser or downloaded to your computer. Ohio Board of Nursing | 17 S. 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All disciplinary actions are matters of public record and may include: operation of law for certain types of criminal conviction. State Medical Board of Ohio Monthly Disciplinary Meeting: No Holds Barred! Home Medical Equipment; Verify License; Laws & Rules. (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. 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 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. The Executive Director for the Division of EMS, with advice and counsel of the Firefighter and Fire Safety Inspector Training Committee, is responsible for investigations to ensure fire service providers comply with the Ohio Revised and Administrative Codes. Upon receipt of the complaint, the investigator may decide to gather preliminary information before contacting the Subject of Investigation (SOI). File a Complaint . 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. 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. At trial, he argued that the statements he made to the investigator should be suppressed based on the Fifth Amendment protection from being forced to incriminate himself. State Medical Board of Ohio 30 East Broad Street, 3rd Floor Columbus, OH 43215 Directions Security FAQs for Visitors . The board shall issue its final adjudicative order within seventy-five days after completion of its hearing. The national average was 2.97 serious. In many cases, yes. Read the article, written by Mark Crane, by clicking on the following link:https://www.medscape.com/viewarticle/899247_2. Do all doctors in Ohio need to be licensed? In the absence of bad faith, any person who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable in damages in a civil action as a result of the report or testimony. 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. Can you get details on why a doctor was sanctioned by the board? 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. Can I trust the board to take action if most members are doctors and it's funded 100 percent by license fees from health care professionals? For example, you may be the subject of the complaint. (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. Ohio Medical Board Discipline. Then, describe your concerns. The board was created by the state legislature in 1896 to set standards for the practice of medicine and to protect the public. (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. Graff & McGovern offer insight into the Ohio Medical Board and their effort to establish a path for licensees with mental or physical illness: 614-228-5800. 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. 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. In Ohio, the SMB licenses and regulates more than 86,000 medical professionals, including some 5,000 new licensees each year. Then the cost is five cents a page, plus postage and shipping. Two of the three consumer representatives cannot be in the health profession and at least one of them must be 60 or older. What does the board do with those complaints? Sometimes, the nature of the complaint requires an unscheduled office visit. Treatment and Compliance . Either way, the investigator cannot disclose your role to anyone, including you, during an open investigation. All visitors and their belongings will be screened. 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. 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. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing of conviction records. 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. The Ohio Supreme Court held that, in order to determine that Gideons statements were coerced in violation of his Fifth Amendment rights, Gideon had to demonstrate that (i) he subjectively believed that failure to cooperate with the investigator would lead to the loss of his license, and (ii) his belief that he was being threatened was objectionably reasonable by providing some evidence of pressure beyond merely directing him to cooperate in the investigation. 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. 365 0 obj <>/Filter/FlateDecode/ID[<968F468C8480EB449EFF170567B020B0>]/Index[349 22]/Info 348 0 R/Length 80/Prev 147877/Root 350 0 R/Size 371/Type/XRef/W[1 2 1]>>stream 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. To determine if a chiropractic physician has been subject to disciplinary action: Visit the eLicense Portal. What does the medical board do? (2) An application for a license or certificate made under the provisions of this chapter may not be withdrawn without approval of the board. The individual whose license or 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 the individual's profession. The board put 38 doctors on probation, suspended 52 and permanently revoked the licenses of 22 others. 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. 3 0 obj 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. 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. Generally, disciplinary actions must be taken pursuant to an adjudication under the Administrative Procedure Act.45 Also pursuant to an adjudication under the Administrative Procedure Act, in addition to the discipline described above, the Medical Board may impose civil penalties against CMHAs for Board meetings, including discussion of the cases, are open to the public. Yesterday, I attended theBoardsOctober Board meeting. Doctors Overview Ratings Articles & Advice License and Disciplinary Actions by Kevin Brasler Some state Web sites are now reporting disciplinary and investigative actions that have been taken against physicians and the status of their state licensing.
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