Licensed physicians in Rhode Island facing disciplinary action from the state's medical licensing governing body are likely concerned with the implications they set to face. After all, you worked long and hard to obtain your credentials and sought to conduct yourself with exceeding professionalism. So, it's probably a complete surprise to you to learn of the state agency's investigation into allegations of wrongdoing, and you may not know how to get the help you need. Professional license disciplinary proceedings threaten any licensed professional, but physicians may face considerable challenges considering their responsibility to patients and public well-being.
Don't give in and lose everything you've worked so hard to get, and seek an experienced professional license defense attorney to help the situation. You shouldn't settle for an unqualified legal representative with what's at stake. You need a legal advocate on your side with extensive experience defending licensed professionals against state and jurisdictional disciplinary proceedings.
The Lento Law Firm's Professional License Defense Team is your best defense against Rhode Island physician disciplinary actions. Your defense representative can evaluate your case, advise you of your options, and advocate for you to help you get the most favorable outcome possible. We represent all types of physicians in large urban areas like Providence and Warwick, as well as others in smaller markets such as Bristol, Coventry, and Smithfield. Call 888-535-3686 or go online now to retain the experienced legal counsel and best Professional License Defense Team in Rhode Island to improve your chances of keeping your license and maintaining your reputation.
Rhode Island Board of Medical Licensure and Discipline License Proceedings
Within the Rhode Island Department of Health (RIDOH), the Rhode Island Board of Medical Licensure and Discipline (BMLD) has the authority to issue, suspend, and revoke your license. The 13-member board states that its mission is to "protect the public through enforcement of standards for medical licensure and ongoing clinical competence." Specific consequences will depend on the nature and severity of the violation, which can include license suspension or revocation, and any disciplinary action will become part of the physician's record. The BMLD maintains an Online License Search page that publishes the license status of certain licensed physicians throughout the state. Patients and other interested parties can search the database to check on a physician's license status and find out if the doctor has any disciplinary actions or settlements against them.
The BMLD won't hesitate to levy sanctions if it finds you're responsible for misconduct, and many physicians across the state have undergone considerable hardships following disciplinary action. If you are a licensed physician practicing in Providence, Cranston, Warwick, or anywhere in the Ocean State, and face disciplinary action from the BMLD, retain the Lento Law Firm's top-tier Professional License Defense Team to help you devise a strategic and effective defense.
RIDOH Rules and Standards
RIDOH licenses personnel in dozens of healthcare sectors in the state, from dieticians and podiatrists to dentists and phlebotomists. Yet, the BMLD governs only physicians. The board investigates all patient and employee complaints and any alleged wrongdoing. A mix of six public members and seven licensed physician members of the board prosecutes and resolves matters at the direction of the state legislature but acts under its own statutory authority to maintain regulatory standards and procedures. As such, you need to know all you can about Rhode Island's physician rules and standards since they dictate the reasons for the disciplinary action and any repercussions you could face.
To fully understand your rights and options to obtain the most effective defense against any charges, you should retain the Lento Law Firm's team. We are highly qualified defense attorneys with considerable knowledge and experience with Rhode Island's physician standards and regulations, and we have the skills necessary to handle your matter regardless of the complexities involved. An experienced license defense attorney from the Lento Law Firm offers you the best chance of defending yourself against the charges.
Confidence in Your Defense of Rhode Island Physician Charges
You are a confident physician used to performing your job as a respected member of the healthcare community. Still, your recent disciplinary actions may have caused you to doubt your abilities. Maintain the same confidence in defending yourself against any allegations of rule violations by having an experienced, strategy-ready defense team set your mind at ease.
The Lento Law Firm's premier Professional License Defense Team can answer your questions and concerns, advise you of your rights and options, and help you strategically defend yourself against disciplinary charges. It's important you do not ignore the allegations or default in answering the charges you face and contact The Lento Law Firm's Professional License Defense Team immediately.
Valuing Your Rhode Island Physician's License
One of the most important aspects of defending yourself against disciplinary actions from the BMLD is valuing your license and recognizing its importance to your life and livelihood. If you don't appreciate your license and its worth to you—as well as its value to your family, your employer, and your patients—then you may not dedicate the time, effort, and resources necessary to mount an effective defense.
You invested considerable time, effort, and money into obtaining your education, passing standardized exams, and getting your license. You chose to practice medicine to help others and make a difference, and you worked hard to establish your career and good reputation, and you should value everything your physician license provides enough to want the best defense counsel possible. Retain the Lento Law Firm Professional License Defense Team today to help you protect your investment and continue doing what you love.
What Rhode Island Physician License Disciplinary Charges Mean
To obtain the best outcome for Rhode Island physician license disciplinary charges, you should also understand that disciplinary charges don't necessarily mean you did anything wrong or that you will lose your license. Much like criminal or civil charges, disciplinary charges are only allegations of misconduct. Therefore, administrative officials will notify you of any charges against you so you have the opportunity to produce evidence, witness testimony, and other information to exonerate you from the charges or mitigate any potential sanctions. Retaining a Lento Law Firm license defense attorneys can help you put forward the evidence required to absolve you completely or lessen the impact on your career and future.
Telling Your Side of the Story to BMLD Officials
Although the BMLD takes allegations of wrongdoing seriously and investigates and prosecutes physicians for violations, disciplinary officials also understand that doctors can be unfairly or unjustly blamed or inducted. Most physicians in Rhode Island are capable and compassionate medical professionals who perform their duties with excellence. You deserve to tell your side of the story, and you can rely on the Lento Law Firm's premier Professional License Defense Team to help you achieve the best possible outcome.
The Nature of BMLD Charges
You may have some knowledge about criminal or civil court proceedings but haven't heard of licensing board administrative proceedings. Although there are some similarities with those mentioned above, administrative proceedings have many differences. For one, BMLD disciplinary charges don't typically end in the courtroom. Licensing board disciplinary actions proceed administratively, which has its own rules and procedures, and are generally less formal than court proceedings.
Additionally, disciplinary proceedings have different outcomes from criminal or civil court proceedings. In an administrative proceeding, your physician license is the only thing at risk, unlike your freedom or money in a criminal or civil proceeding. Nevertheless, administrative proceedings still provide defendants with due process, and accused physicians must take the matter seriously and retain an experienced defense counsel.
What Allegations Put a Rhode Island Physician License at Risk?
Any licensed professional in Rhode Island can face serious license disciplinary issues, but physicians face their own specific licensing issues relevant to their area of healthcare. The BMLD's enforcement program comes out of current Rhode Island law and lists a myriad of requirements in determining whether allegations of misconduct have any merit, which includes:
- False reporting
- Gross and willful overcharging for medical services
- Immoral conduct
- Mental incompetency
- Patient abuse or neglect, including sexual abuse
- Sale or promotion of medical supplies and medications
- Substance abuse or drunkenness
- Unprofessional conduct
The board does not have the authority to respond to allegations involving billing or fee disputes—unless fee splitting for referrals is alleged. Moreover, the BMLD may not adjudicate general business practice, issues with licenses granted by another state or jurisdictional institution, or conflicts between personnel without exhausting the complaint process.
What Is the BMLD Disciplinary Process?
Although you may regard the BMLD disciplinary process with disdain and trepidation, you must remember that the Fourteenth Amendment of the U.S. Constitution requires that Rhode Island—including the state's BMLD—give you due process. This means they must provide you with notice of the charges and offer you a fair opportunity for a hearing to defend yourself before they deprive you of the liberty and property interest you have in your physician license.
Thus, when you retain The Lento Law Firm's highly qualified Professional License Defense Team, the disciplinary process becomes your ally. Your Lento Law Firm license defense attorneys will invoke the right you have to a fair and impartial investigatory and adjudicatory process and help you present the best defense.
Rhode Island BMLD Complaints
The grievance process for registered Rhode Island physicians begins when the BMLD receives a formal complaint from a variety of sources, including patients, pharmacists, other physicians, malpractice insurers, licensed facilities, and law enforcement. When complaints arise, physicians are directed by the following proceedings:
- Physicians must send a response to RIDOH within 30 days.
- A one-time 30-day extension may be requested.
- Responses must include all appropriate medical records.
- If medical records are maintained elsewhere, the BMLD may seek a subpoena, as well as if the physician needs a copy, they may be subpoenaed by the BMLD or by the physician's legal representative.
Additionally, all BMLD communications throughout the adjudication process are sent to the physician, not their legal representative. The BMLD may not recommend legal counsel, and while physicians may turn to their malpractice insurance carrier or their employer's risk manager to find a qualified representation, the moment you learn of a complaint against you, contact the Lento Law Firm's Professional License Defense Team. Working with you, your Defense Team may supply the BMLD and RIDOH with information and evidence that can exonerate you before any investigation commences.
BMLD Investigations and Recommendations
The Investigative Committee (I.C.) will conduct a review of the complaint and the physician's response to determine if the physician needs to appear before the I.C. with a request sent by letter or subpoena. Otherwise, the I.C. may recommend one of the following courses of action:
- No Unprofessional Conduct (NUPC): no apparent violation
- NUPC with a non-disciplinary letter: no apparent violation and a letter from the BMLD
- Non-disciplinary letter with no decision: letter from BMLD, and may include administrative advice
- Administratively Close: the complaint is tabled and may be revisited later when new information appears
- Unprofessional Conduct: An apparent violation, with recommended sanctions
If a Rhode Island physician is determined to have been responsible for unprofessional conduct, the 13-member board will hand down recommended sanctions from the I.C. or apply their own. There are several forms of disciplinary action, which can include:
- Compliance or consent orders
- Formal reprimands
- License suspension or probation
- Voluntary surrendering or non-renewal of a license
- License probation
Physicians may accept the discipline or contest the allegations, which may result in an administrative hearing. This gives them a formal process in which to defend themselves and their careers.
Appealing to the Rhode Island Executive Office of Health and Human Services
Even though RIDOH maintains the authority to execute its administrative powers and duties, including investigating and recommending disciplinary action, the principal responsibility for "legal services including applying and interpreting the law, oversight of the rulemaking process, and administrative duties lies with the Rhode Island Executive Office of Health and Human Services (EOHHS). Therefore, accused physicians have access to a formal hearing process.
The administrative hearing process is initiated when RIDOH receives an appeal request from a physician. The EOHHS will schedule a date for an appeal hearing, with a written notice including the date, time, and location or format of the hearing sent no later than 15 days prior to the hearing date to the physician and all affected parties. Upon request, evidentiary packets may be given at least three days in advance of the hearing date.
Appealing physicians and/or an authorized representative of the appellant must appear for the hearing at the scheduled time, date, and location. Hearing officers will adjudicate the case "with no prior knowledge of the specific issue" and base decisions on applicable laws, regulations, rules, and procedures.
The EHO administrative hearing officer—an impartial designee of the Secretary of EOHHS—is responsible for eliciting all relevant facts and procedures pertinent to the matter, and an orderly procedure will include but is not limited to the following:
- A statement from the hearing officer explaining the agency's purpose, the reason for the hearing, and its procedures, including the decision-making basis and its communication with the appellant
- An opening statement by the appealing physician or their representation
- An agency representative will state the basis for its action against the physician
- The hearing officer conducts a full and open discussion, including the showing of evidence, witness testimony, and cross-examination
Following adjournment, the EHO must issue a written notice of the decision to the appellant within 90 days of receiving the appeal request. It must include findings of fact and conclusions of law and a concise statement of the underlying facts supporting the findings. All EHO determinations are final unless the physician exercises the right to pursue legal action through the R.I. court system, federal appeals court, or the U.S. Supreme Court.
Why You Need a Physician License Defense Attorneys in Rhode Island
There are two major reasons you should contact the Lento Law Firm and retain a highly qualified Professional License Defense Team to defend you against BMLD disciplinary charges.
The first reason is that state agencies like the BMLD, RIDOH, EOHHS, and others have vast resources at their disposal to investigate and prosecute alleged offenses. Disciplinary officials and investigators pursue physician discipline full-time, and they know what to do and what not to do to successfully implicate and discipline physicians. Thus, you need to level the playing field by retaining your own highly skilled and experienced defense team to combat the board's actions and protect your rights.
The second reason you need a competent and qualified license defense team from the Lento Law Firm is that Rhode Island's adjudicatory process only needs to establish charges by a preponderance of the evidence, not by reasonable doubt. This means the BMLD only needs to establish the likelihood you committed the offense, and your defense counsel needs to present as much evidence to support your innocence as the board has of your guilt. If you do not have experienced defense counsel on your side, you risk losing the battle of the preponderance of evidence standard and your license. You must further level the playing field by retaining an attorney from the Lento Law Firm.
How a Physician License Defense Attorney Can Help You in Rhode Island
The Lento Law Firm's Professional License Defense Team offers numerous benefits in helping you answer the accusations and defend your physician license. Your defense team can open lines of communication with BMLD officials to informally present evidence and arguments in your defense or as a representative in administrative cases under EOHHS. You want to have your charges dismissed or abandoned early, and your defense attorney can assist with sensitive negotiations involving voluntary resolutions.
The defense team can also help you gather exonerating evidence or mitigating factors that could reduce the severity of disciplinary action consequences and advocate on your behalf before any administrative hearings. Your attorney may also assist with appealing the board's decision or challenging any decisions the board makes regarding your licensure to the appropriate authorities.
Areas the Lento Law Firm Serves in Rhode Island
The Professional License Defense Team at the Lento Law Firm represents clients throughout Rhode Island, including physicians who practice in the following areas, including but not limited to:
- Providence
- Cranston
- Warwick
- Pawtucket
- East Providence
- Woonsocket
We represent physicians who worked at Rhode Island Hospital, The Miram Hospital, Newport Hospital, Emma Pendleton Bradley Hospital, or any medical facility in Rhode Island.
License Defense Team for Rhode Island Physician Charges
No matter your area of practice, as a licensed physician in Rhode Island, you can face allegations of wrongdoing or formal accusations that may jeopardize your license, your livelihood, and your future. The BMLD has vast resources to investigate and prosecute complaints it receives against physicians, and you need an experienced attorney to help you obtain the most favorable outcome.
Like hundreds of other physicians and licensed professionals nationwide, you can trust the Lento Law Firm's Professional License Defense Team to fight for you and help you get the most favorable results possible. Call 888-535-3686 or go online now.
