According to healthcare trade publication MedPage Today, fewer than 1% of medical board sanctions are on the grounds of spreading misinformation. Per the University of North Carolina (UNC) School of Law Chapel Hill study referenced in the article, only six disciplinary proceedings in the five most populous US states resulted in sanctions for spreading medical misinformation. Public health professionals are concerned with the erosion of public trust in institutions, leading to social media becoming a breeding ground for the quick spread of medical misinformation that seems legitimate when a doctor makes those claims. Concerned citizens report misinformation to medical boards, but any board proceedings rarely result in discipline.

Are you facing medical board disciplinary actions? An experienced professional license defense attorney can represent you in your board hearings if your competency is called into question. The Lento Law Firm's Professional License Defense Team can help you navigate the complexities of medical board proceedings and reinstatement requests. Call us at 888-535-3686 or send us a message online.

The Scope of Medical Boards' Power

State medical boards have a duty to protect the public. When they grant a medical professional a license to practice medicine, they can also modify, suspend, or revoke that license if they believe that the medical professional engaged in unprofessional, improper, illegal, or incompetent practice.

The Federation of State Medical Boards (FSMB) has a comprehensive list of what most boards consider unprofessional conduct. The list includes sexual misconduct, felony convictions, neglecting patients, and excessive prescriptions without a legitimate reason. Spreading medical misinformation is not typically among the actions that trigger board disciplinary actions.

This is due to state medical boards' scope limitations. Medical board investigations focus on how doctors directly interact with their patients and manage their practices. If a doctor fails to meet continuing education requirements or defrauds a patient, they may be subject to a board order. However, the reason why medical board sanctions for misinformation are so minuscule is because medical boards largely cannot take disciplinary action for indirect harm caused outside of healthcare settings.

Medical Boards and the First Amendment

Because medical boards focus on adverse patient experiences rather than public health, medical law experts question whether medical boards are suitable for curtailing medical misinformation. It can also be difficult to determine the impact of physician-spread medical misinformation through social media and other means.

Physicians have free speech rights as any other private citizen would, and medical boards regulate physician conduct rather than what they say in public or private. Because the First Amendment stands between physicians and medical boards, this plays a role in why medical misinformation is rarely disciplined, even if a hearing occurs.

Accusations of spreading medical misinformation are a serious matter. Although they rarely result in severe disciplinary actions, medical board sanctions are still a threat to your livelihood, and you should have representation that is knowledgeable about your First Amendment rights. Contact the Professional License Defense Team at the Lento Law Firm at 888-535-3686 or complete our online intake form to speak to one of our experienced professional license defense attorneys.