Is Your Missouri Physician's License at Risk? The Professional License Defense Team at the Lento Law Firm Can Help

As in any other state, physicians in Missouri have devoted many years to the education and training it takes to become a licensed physician. Given the weight of responsibility for the health and well-being of patients, state boards governing the licensing of physicians maintain rigorous standards for obtaining and retaining a license.

In Missouri, licensed physicians are under the jurisdiction of the Missouri Board of Registration for the Healing Arts (Board of Healing Arts), one of the thirty-eight professional boards of the Missouri Division of Professional Registration. Given the complicated nature of the practice of medicine, if you are a physician facing disciplinary action, you should have a legal team well-versed in the intricacies of navigating the disciplinary process for physicians in your state. In Missouri, the Lento Law Firm Professional License Defense Team brings the knowledge, experience, and demeanor it takes to successfully make your case. We understand that a cooperative approach, grounded in comprehensive familiarity with the disciplinary process of the Missouri Board of Healing Arts and mastery of the specifics of your case, will yield the results you want—your good name restored, and your continued ability to practice medicine in Missouri secured.

Take Swift Action if You Are a Missouri Physician Facing Disciplinary Action

If you are a physician in Missouri, you may come under the scrutiny of the Board of Healing Arts if someone brings a complaint against you. Your initial reaction may range from annoyance to significant anxiety, but it is crucial to take immediate action to develop a strategy for responding to any allegations of misconduct or wrongdoing. Professional license disciplinary proceedings are a grave matter for any professional, but given the high level of public trust required for physicians, any serious allegation of wrongdoing carries extra weight.

At the Lento Law Firm, our Professional License Defense Team has the experience and knowledge you need to design the best defense when you are facing disciplinary action from the Missouri Board of Healing Arts. We have represented physicians like you throughout Missouri, from large urban areas, including Kansas City and St. Louis, to smaller communities such as Clinton and Bolivar.

To learn how the Professional License Defense Team at the Lento Law Firm can help you, call 888.535.3686 or use our contact form now. Our experienced team has helped many other Missouri physicians facing disciplinary action by the Missouri Board of Healing Arts, and they are ready to represent you.

What Kinds of Issues Can Result in the Missouri Board of Healing Arts Taking Disciplinary Action Against a Physician?

A section of the Missouri Revisor of Statutes describes the causes that are grounds for a complaint against a physician under Missouri law; a sampling is included here:

• Using a controlled substance or alcohol to the degree that it impairs the physician's ability to practice medicine, habitual intoxication or alcohol dependence, or failure to comply with a mandated treatment program;
• Being found guilty or entering a plea of guilty or nolo contendere for a criminal offense related to their work as a physician, or any offense involving fraud, dishonesty, an act of violence, or moral turpitude;
• Using fraud, deception, or intimidation in a wide variety of circumstances, e.g., discouraging a patient from seeking a second opinion, performing inappropriate or unnecessary treatments, tests, or services; delegating work to someone who is unqualified; performing medical services which the Board of Healing Arts has declared to be of no medical value; signing a blank prescription form or prescribing medications without adequate examination of the patient; engaging in sexual activity with a patient; being listed on any state or federal sexual offender registry; failing to comply with a request for a patient's medical records from another physician or medical facility; overcharging or overtreating patients; and failure to comply with a subpoena from the Board of Healing Arts or cooperate during an investigation;
• Incompetency, negligence, and engaging in conduct that is or might be harmful to the physical or mental health of a patient;
• Having a professional license revoked, suspended, or restricted by another state;
• Being found incapacitated or disabled by a court;
• Requiring that a patient obtain devices, services, or prescribed drugs from an entity under the physician's ownership or control.

Surprising Issues That Can Result in Disciplinary Action Against Physicians in Missouri

While you may be a Missouri physician who believes you will never face disciplinary action from the Missouri Board of Healing Arts—you feel a deep responsibility to provide the best care possible of your patients, you encourage any patient with a complicated diagnosis to seek a second opinion, and you would never take any action that violates the Hippocratic Oath—be aware that there are actions that have nothing to do with patient care that can be grounds for a complaint against you that results in disciplinary consequences. The Missouri Board of Healing Arts can discipline physicians for what may seem like insignificant paperwork oversights, including allowing a medical license to expire or lapse, failure to pay medical license renewal fees on time, or failure to notify the board of an address change.

The Process for Filing a Complaint with the Missouri Board of Healing Arts Against a Physician

The Missouri Secretary of State: Code of State Regulations describes the procedure for handling complaints about physicians regarding alleged violations of Chapter 334 of the Missouri Revisor of Statutes. (It also describes the procedure for handling reports of claims of medical malpractice and reports on disciplinary actions and voluntary resignations.)

Any member of the public can file a complaint against a Missouri physician with the Missouri Board of Healing Arts; the complaint form is available online. There is no cost for filing a complaint, nor is legal representation required for the complainant. In addition to any member of the public, members of the medical profession and any local, state, or federal official can make and file a complaint against a Missouri physician. Information for the complaint can be based on firsthand knowledge or on information from other sources.

Typically, complaints must be typed or handwritten and signed by the complainant, but the Board of Healing Arts may decide to accept complaints that are submitted by phone or email or are unsigned. The instructions note that the complainant will not be a party to any disciplinary proceeding but may be asked for further information or called as a witness, and advises that an investigation may take a year or longer.

The ease with which a complaint can be filed and the fact that individuals can even submit a complaint anonymously points to the commitment of the state of Missouri and the Missouri Board of Healing Arts to hold physicians to the highest professional standards—as they should—but this arrangement can also allow for complaints that are groundless, but can still cause disruption and aggravation for a physician if they reach the investigation phase.

Other Possible Risks if Someone Files a Complaint Against a Physician with the Missouri Board of Healing Arts

Instructions on filing an official complaint against a physician in Missouri also suggest that the complainant contact law enforcement if they believe the allegations constitute a criminal violation, or consult an attorney regarding a civil action. If you are a Missouri physician facing any of these situations, the Lento Law Firm Professional License Defense Team can guide you on the best course of action.

Response From the Missouri Board of Healing Arts When a Complaint is Filed Against a Physician in Missouri

The Missouri Board of Healing Arts logs each complaint and tracks all relevant activity, e.g., whether the complaint resulted in formal charges or was dismissed. The Board of Healing Arts acknowledges each complaint, and its Complaint Review Committee reviews it to determine the next step, which often is an investigation.

Investigation of a Complaint Against a Physician in Missouri

The investigative manager assigned by the investigation manager of the Complaint Review Committee of the Missouri Board of Healing Arts establishes a file and “assigns it to an investigator with such direction as he/she deems appropriate.” The investigative process can include various steps, including requests for more information, issuance of subpoenas, and review by the attorney of the Board of Healing Arts for possible legal proceedings. The “deems appropriate” phrasing indicates the wide latitude the investigation manager has in determining a course of action in response to a complaint against a Missouri physician. If you are a Missouri physician and the Missouri Board of Healing Arts is investigating a complaint against you, the Lento Law Firm Professional License Defense Team understands the complex investigation process, and they can advise you on possible pitfalls and the best strategy for responding to them.

When an Investigator Finds That a Complaint Against a Missouri Physician Should Move Forward

If the investigator does not find sufficient grounds to move forward, the complaint is dismissed, and the file is closed. If, however, the investigator does find grounds for the complaint, the Board of Healing Arts may file charges against the physician with the Administrative Hearing Commission (AHC). The AHC is an adjudicative body that has up to five administrative judges—commissioners—who are appointed by the Governor of Missouri and must be members of the Missouri Bar. They hear allegations against physicians licensed to practice in Missouri.

The Missouri Administrative Hearing Commission Hears Cases Involving Complaints Against Physicians

The AHC will send a notice of the complaint to the physician facing charges (the respondent) with a requirement to respond within thirty days. In many, but not all, cases of charges against a Missouri physician, the AHC holds a hearing which may include witness testimony and the introduction of evidence. If there is a hearing, the physician being charged is expected to appear, present their case, and respond to the evidence presented by the Board of Healing Arts (the petitioner).

The AHC hearing is somewhat like a courtroom trial—all testimony is under oath—but there is no jury. An individual commissioner, rather than the entire commission, oversees the proceedings and decides on the merits of the case, and they have the authority of the entire commission. The petitioner has the burden of proof—they must convince the commissioner presiding over the hearing that the charged violations occurred. At the end of the hearing, the commissioner may ask each side to prepare and submit briefs (written arguments), although this is not required. After the hearing, the commissioner will send a copy of their decision to the petitioner and the respondent. The respondent has thirty days from the date of the AHC commissioner's decision to file an appeal.

Protect Your Ability to Practice Medicine in Missouri—Retain the Lento Law Firm Professional License Defense Team if You Face Disciplinary Charges

The Missouri Administrative Hearing Commission offers a booklet that explains that a physician with a case before the AHC does not need to have legal representation, but they point out that the state agency involved in your case—and for physicians, this is the Missouri Board of Healing Arts—will be represented by an attorney, and they note that the AHC will not appoint an attorney for you. Given that your ability to continue to practice medicine in Missouri may be at stake, responding to any charges without legal representation is a significant risk.

Settlement Agreement: Description of Disciplinary Action by the Missouri Board of Healing Arts Against a Physician

If the commissioner finds in favor of the physician respondent, then the Board of Healing Arts closes the file on the complaint. If the commission finds that any of the allegations against the respondent require disciplinary action, then a second hearing will be held to determine what that disciplinary action will be, and a settlement agreement that includes a statement of the facts of the case and a description of the discipline the Missouri Board of Healing Arts will impose on the respondent physician will be drafted. If the physician who is facing discipline fails to plead or otherwise respond, the AHC commissioner issues a default judgment that grants the relief requested by the Missouri Board of Healing Arts.

Types of Disciplinary Action a Missouri Physician May Face from the Missouri Board of Healing Arts

The Missouri Board of Healing Arts may impose one or more disciplinary measures on a physician if the AHC finds any complaint against them to have grounds. Disciplinary options include the following:

• Place the respondent on probation for up to ten years.
• Suspend the respondent's license to practice medicine in Missouri for up to three years; the Board of Healing Arts may add the restriction that the respondent may not apply for reinstatement of their Missouri license to practice medicine for a period of two to seven years, and they may require that the respondent attend specific continuing medical education courses and pass any examinations as they direct before restoring the respondent's license to good standing.
• Impose restrictions on the respondent's license to practice medicine in Missouri indefinitely.
• Revoke the respondent's license to practice medicine in Missouri; the Board of Healing Arts may add the restriction that the respondent may not apply for reinstatement of their Missouri license to practice medicine for a period of two to seven years, and they may require that the respondent attend specific continuing medical education courses and pass any examinations as they direct before restoring the respondent's license to good standing.
• Require the respondent, at their own expense, to submit to the care, counseling, or treatment of physicians designated by the Board of Healing Arts.
• Direct the respondent to attend specific continuing educational courses.
• Administer a public or private reprimand of the respondent.

In some cases, physicians choose to retire or voluntarily surrender their licenses rather than face disciplinary action.

In cases of medical license revocation in Missouri that allow for a physician to apply for reinstatement, the Lento Law Firm Professional License Defense Team can counsel the physician on the best strategy for a successful outcome.

A Public Record of Discipline of Physicians By the Missouri Board of Healing Arts

The Board of Healing Arts maintains and publishes a report of disciplinary actions taken against Missouri physicians going back more than twenty years. Anyone can access the online report, which is organized alphabetically by the last name of the physicians who have faced disciplinary action. Each listing includes the full name of the physician, their city, a one- or two-word description of the action taken by the Board of Healing Arts, and the effective date. Each listing also links to the order, usually a settlement agreement, associated with the case; it includes the facts of the case, the findings of the AHC, and the disciplinary action taken.

The Lento Law Firm Professional License Defense Team Serves Areas Throughout Missouri

The Lento Law Firm Professional License Defense Team has extensive experience across the state of Missouri successfully defending physicians facing disciplinary action by the Missouri Board of Healing Arts. Listed below are some of the communities whose physicians we serve.

• Blue Springs
• Cape Girardeau
• Chesterfield
• Columbia
• Florissant
• Independence
• Jefferson City
• Joplin
• Kansas City
• Lee's Summit
• O'Fallon
• Springfield
• St. Charles
• St. Joseph
• St. Louis
• St. Peters
• Wentzville

Largest Employers of Physicians in Missouri

In addition to the facilities listed below, other large employers of physicians in Missouri include St. Luke's Hospital, St. John's Regional Health Center, Lake Regional Health System, and Cameron Regional Medical Center.

University of Missouri Health Care Columbia, MO – This system includes University Hospital, University of Missouri Women's and Children's Hospital, Ellis Fischel Cancer Center, Missouri Orthopaedic Institute, Missouri Psychiatric Center, Missouri Rehabilitation Center, and numerous clinics. University Physicians includes nearly 500 physicians.

Mercy – Headquartered in Chesterfield, Missouri, Mercy is a not-for-profit Catholic healthcare organization employing more than 600 physicians at more than forty acute care and specialty hospitals.

Freeman Health System – The largest employer in the Joplin, Missouri, area, it includes Freeman Hospital West, Freeman Hospital East, Freeman Neosho Hospital, and Ozark Center, two urgent care clinics, and dozens of physician clinics. More than 350 physicians are on staff.

SSM Health – This healthcare provider is based in St. Louis, Missouri, and treats patients in Missouri, Oklahoma, and South Central Wisconsin at more than twenty-three hospitals and more than 300 physician offices.

The Lento Law Firm Professional License Defense Team for Missouri Physicians Facing Disciplinary Charges

Whether you are a family physician, a surgeon, an anesthesiologist, or a licensed physician in any other area of practice in Missouri, allegations of wrongdoing may jeopardize your license, your livelihood, and your future. The Missouri Board of Healing Arts has the resources at its disposal if it chooses to pursue a complaint against you. For the best chance at a positive outcome, have the experienced Professional License Defense Team at the Lento Law Firm make your case.

Licensed professionals nationwide, including hundreds of physicians, have learned they can count on the Lento Law Firm's Professional License Defense Team to lead the fight to protect their right to practice their profession. You worked long and hard to quality to be a doctor in Missouri, and we will use all our experience and knowledge to help you retain your license and continue providing your patients with the best care possible, free of the worry that the threat to your license engendered. Call 888.535.3686 or use our contact form now—the Professional License Defense Team at the Lento Law Firm is ready to take your case.