Losing Your Professional License Because of Your Equipment?
As a healthcare professional, you understand that your license may be at risk if you personally provide unsafe care. If you make a mistake, you take responsibility and try to make it right. But what may be less obvious is that your license may also be threatened by issues involving the equipment used in your practice—things that at first glance seem to be outside of your control.
A Washington physician faced criminal charges and intense scrutiny after providing patients with recalled breathing devices that were allegedly modified outside proper repair conditions. There was no evidence of patient harm, but the simple fact that his equipment was not in pristine condition still led to serious career disruptions. If you are facing similar issues that place your professional medical license at risk, the LLF National Law Firm is here to help. Call our Professional License Defense Team today at 888-535-3686 or contact us through our website to determine your next steps.
Recalled CPAP Devices Lead to Charges
A Washington physician and sleep medicine specialist allegedly purchased hundreds of used Philips CPAP and BiPAP devices following a recall. The recall stemmed from concerns that foam inside the machines could degrade and potentially harm patients who use them. Prosecutors alleged that the physician and others opened the machines, attempted to remove the foam, and reassembled them outside of clean-room conditions. Then, those devices were provided to Medicaid patients and billed as though they were in proper working condition.
The physician pleaded guilty and was sentenced to one year in prison, ordered to pay a fine, and required to pay restitution. His attorney, however, stated that there was no evidence of patient harm and that the physician had sought legal advice before modifying the devices.
Can Equipment Maintenance Problems Lead to License Trouble?
Yes. Even when equipment issues do not begin as intentional misconduct, they can still create serious licensing problems. Modified CPAP machines may seem like a unique case, but the general principle applies to many different situations. Because this Washington physician was found guilty of a crime involving medical care and fraud, the Washington Medical Commission can now review whether licensing action is appropriate.
As a busy professional, you may not have time to personally inspect every device, machine, imaging unit, or piece of patient-care equipment in your office every day. More likely, you rely on staff members or third-party service providers to help keep your practice running. That’s normal, but it’s also where risk can enter the picture.
If your state board receives a report that some of your equipment is unsafe or not in proper working order, it may reach out and ask why you allowed that equipment to be used in patient care. The fact that you delegated the task may not end the discussion, especially if the Board believes your oversight systems are inadequate. Boards typically look at whether you had reasonable systems in place to track things like recall announcements and recommended repair schedules for all of the equipment you use in your practice.
Intentionally altering recalled medical devices is very different from falling behind on repairs and maintenance. But anytime your state board comes knocking, your license and career may be at risk. You can’t ignore the Board’s outreach, and you can’t claim ignorance to get yourself out of the situation.
If your license is under scrutiny because of equipment maintenance, recall concerns, or improper billing related to medical equipment, the LLF National Law Firm can help you respond to the Board. Our Professional License Defense Team understands the years of hard work it took to reach this point in your career, and we want to help prevent equipment concerns from escalating into a major issue. Call today at 888-535-3686 or contact us through our website to learn how we can help.