A 2024 study by the nonprofit advocacy organization Public Citizen evaluated the number of serious disciplinary actions taken by state medical licensing boards in the U.S. from 2021-2023. This report showed that physician and practitioner discipline is down in all states since the pandemic, but some states discipline much more often than others. Ohio had the highest discipline rate in the US, with Wisconsin, North Dakota, Illinois, and Michigan Osteopathic rounding out the top five. Indiana, Georgia, Delaware, Pennsylvania Allopathic, and South Carolina had the lowest discipline rates.
If you are a physician or practitioner facing discipline from a state licensing board, you may have noticed the arbitrary nature of some licensing board actions. The good news is that whatever state licensing board is taking disciplinary action against you, the Lento Law Firm is available nationwide to defend you and your license. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or submit your details online, and we will contact you.
Medical Board Discipline of Physicians
The Public Citizen study looked only at the discipline of physicians. When a physician faces serious discipline, it most often involves these common allegations:
- Abuse or neglect of a patient.
- Inappropriate or illegal prescription of medication.
- Fraud, including Medicare, Medicaid, and insurance fraud.
- Serious criminal arrests or convictions.
- Drug or alcohol abuse.
Disciplinary cases also involve allegations of malpractice, which a state licensing board learns of through a patient complaint, a report from the National Practitioner Data Base, or the self-report of a pending suit by the physician.
Medical Board Disciplinary Process
When a state medical board takes action against a physician or practitioner, it typically follows a prescribed investigation and disciplinary process. This process involves the following steps:
- Complaint: A complaint may come from a patient, a fellow physician, a hospital, or another party.
- Investigation: The Board will evaluate the complaint to determine its merit. At this point, the Board may ask the physician for information.
- Inquiry: The Board may order you to answer questions or provide records.
- Attempts to Negotiate: The Board may attempt to settle the issue through a Consent Order, where you agree to a punishment. At this stage, the physician absolutely must have an experienced attorney.
- Hearing: If the physician refuses discipline, the Board will seek a formal complaint and set a hearing before an Administrative Law Judge (ALJ).
- Appeal: If the Board makes an adverse decision, the physician may appeal to a court.
Understanding that this process can end before a formal complaint or damage to your license and reputation is critical. The earlier the Lento Law Firm is involved in your defense, the better.
How the Lento Law Firm Can Help
The Lento Law Firm has a proven track record of helping medical professionals before state licensing boards. We can assist you in the investigation and inquiry and attempt to negotiate an informal settlement. If you decide to defend against a formal charge, the Lento Law Firm can represent and defend you at a hearing or other proceedings. You need an experienced attorney who can effectively defend your position at every step in the disciplinary process. Call the Lento Law Firm at 888.535.3686 or leave your details on our online form, and we will contact you.
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