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The State Medical Board of Ohio licenses and oversees the practice of medicine in Ohio. The board shall adopt rules governing conditions to be imposed for reinstatement. The board shall conduct all investigations or inspections and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. For more information about the Medical Board's Hearing Process, visit State Medical Board of Ohio's Hearing Process Factors which contribute to delays include working in coordination with other regulatory or law enforcement agencies or the unavailability of witnesses. Dr. Sidney Wolfe, founder and director of Public Citizen's Health Research Group, says it's good that Ohio uses license fees to support the medical board. Some postings take a little longer. Discipline can include, but is not limited to, suspension, permanent revocation and non-permanent revocation of a medical license. It varies, depending on the complexity of the complaint. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of February 8, 2023. (4) All hearings, investigations, and inspections of the board shall be considered civil actions for the purposes of section 2305.252 of the Revised Code. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person's usual place of residence, usual place of business, or address on file with the board. An Ohio.gov website belongs to an official government organization in the State of Ohio. A hospital can report disciplinary action it has taken against a doctor; so can other agencies such as the U.S. Drug Enforcement Administration. Share sensitive information only on official, secure websites. In a judicial proceeding, the information may be admitted into evidence only in accordance with the Rules of Evidence, but the court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or complainants whose confidentiality was protected by the state medical board when the information was in the board's possession. Home Medical Equipment; Verify License; Laws & Rules. In the end, disciplinary action is taken against less than 1 percent of doctors. Type a surname or certification number in the search box to locate any matching text in the file. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code. The board tries to post disciplinary information on its website within 48 hours of its meetings, Wehrle says. Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. If they want to treat patients, they must be licensed. Other violations include conviction of a felony and the commission of fraud billing for a procedure that was not performed, for example.The board does not handle fee disputes or complaints about wait times, rude staff, health insurance or the release of medical records.The board asks that you file your complaint in writing.Complaint forms are available on med.ohio.gov. Then, describe your concerns. License and Disciplinary Actions - National - Consumers' Checkbook Magazine PRE-HEARING SUSPENSION MASSOUD, Omar I., M.D., (#35.083410) - Birmingham, Alabama Pursuant to Section 4731.22(G), Ohio Revised Code, medical license summarily suspended (20) Except as provided in division (F)(1)(b) of section 4731.282 of the Revised Code or when civil penalties are imposed under section 4731.225 of the Revised Code, and subject to section 4731.226 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination. Please find below a summary of actions taken or initiated by the State Medical Board of Ohio and an update of Board matters pending or decided in courts as of August 12, 2020. Sometimes, the nature of the complaint requires an unscheduled office visit. Disciplinary Actions Disciplinary Actions Any disciplinary action against a licensee is posted to the individual chiropractic physician's profile. The board shall monitor the progress of each individual undertaking a recommended individual educational program. "We're a complaint-driven organization," says board spokeswoman Joan Wehrle. (d) A sheriff's deputy who serves a subpoena shall receive the same fees as a sheriff. Gideon was charged with three misdemeanor counts of sexual imposition. You can use the keyboard shortcut Control+F, or Command+F on a Mac, to open a search box. (I) The license or certificate to practice issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date of the individual's second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code. Of the approximately 60,000 licensees regulated by the Board, about 40,000 . In 2017, three patients accused Dr. James Gideon of inappropriate touching during office visits. Meeting agendas and minutes are available . Serious actions include placing physicians on probation and suspending or revoking their licenses. The Secretary and Supervising Member determine the next steps of the process, which may include: request an Investigative Office Conference with the SOI, direct the development of formal disciplinary action, If the investigation supports disciplinary action from the Board, you will receive a letter from the Board notifying you that you are entitled to a hearing regarding the matters outlined in the letter. On December 15, 2020, the Ohio Supreme Court ruled 6-1 that a physician's admissions made to an Ohio Medical Board investigator can be used against the physician in his criminal trial. Dangers of a Medical Board Investigation: How to Protect Yourself OVMLB - Ohio Investigators never contact licensees via fax. 2022. The Board Members do not hold back in their questions, concerns or comments while deliberating the sanction that should be imposed in a given case. In 2010, the most recent data available, the Ohio board took 5.36 serious disciplinary actions for every 1,000 doctors practicing in the state. providing information to Physicians and other healthcare professionals in Ohio. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension. PDF State Medical Board of Ohio Formal Action Report - June 8, 2022 (27) A second or subsequent violation of section 4731.66 or 4731.69 of the Revised Code; (28) Except as provided in division (N) of this section: (a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that individual; (b) Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay. State Medical Board of Ohio Monthly Disciplinary Meeting: No Holds Barred! In the matter of EMS Case 2020-266-BE100, Joshua A. Cleland, Certificate Number 105641, the Board issued an . Cookie Settings/Do Not Sell My Personal Information. If you have any questions about this article or the State Medical Board of Ohio, please feel free to contact attorney Beth Collis at (614) 628-6945, or attorney Todd Collis at (614) 628-6962. Those that post the most risk to patients -- doctors practicing while impaired by alcohol or drugs, for example -- receive the highest priority. If a doctor agrees to what's called a voluntary retirement, all that is on record is a two-page document that says little more than that. The report shall be a public record under section 149.43 of the Revised Code. In general, the board issues licenses to doctors -- and other health professionals -- and takes action against them if they break Ohio laws governing those licenses. endobj (29) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code; (30) Failure to provide notice to, and receive acknowledgment of the notice from, a patient when required by section 4731.143 of the Revised Code prior to providing nonemergency professional services, or failure to maintain that notice in the patient's medical record; (31) Failure of a physician supervising a physician assistant to maintain supervision in accordance with the requirements of Chapter 4730. of the Revised Code and the rules adopted under that chapter; (32) Failure of a physician or podiatrist to enter into a standard care arrangement with a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner with whom the physician or podiatrist is in collaboration pursuant to section 4731.27 of the Revised Code or failure to fulfill the responsibilities of collaboration after entering into a standard care arrangement; (33) Failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code; (34) Failure to cooperate in an investigation conducted by the board under division (F) of this section, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in an investigative interview, an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue; (35) Failure to supervise an acupuncturist in accordance with Chapter 4762. of the Revised Code and the board's rules for providing that supervision; (36) Failure to supervise an anesthesiologist assistant in accordance with Chapter 4760. of the Revised Code and the board's rules for supervision of an anesthesiologist assistant; (37) Assisting suicide, as defined in section 3795.01 of the Revised Code; (38) Failure to comply with the requirements of section 2317.561 of the Revised Code; (39) Failure to supervise a radiologist assistant in accordance with Chapter 4774. of the Revised Code and the board's rules for supervision of radiologist assistants; (40) Performing or inducing an abortion at an office or facility with knowledge that the office or facility fails to post the notice required under section 3701.791 of the Revised Code; (41) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for the operation of or the provision of care at a pain management clinic; (42) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for providing supervision, direction, and control of individuals at a pain management clinic; (43) Failure to comply with the requirements of section 4729.79 or 4731.055 of the Revised Code, unless the state board of pharmacy no longer maintains a drug database pursuant to section 4729.75 of the Revised Code; (44) Failure to comply with the requirements of section 2919.171, 2919.202, or 2919.203 of the Revised Code or failure to submit to the department of health in accordance with a court order a complete report as described in section 2919.171 or 2919.202 of the Revised Code; (45) Practicing at a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the person operating the facility has obtained and maintains the license with the classification; (46) Owning a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the facility is licensed with the classification; (47) Failure to comply with any of the requirements regarding making or maintaining medical records or documents described in division (A) of section 2919.192, division (C) of section 2919.193, division (B) of section 2919.195, or division (A) of section 2919.196 of the Revised Code; (48) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code; (49) Failure to comply with the requirements of section 4731.30 of the Revised Code or rules adopted under section 4731.301 of the Revised Code when recommending treatment with medical marijuana; (50) Practicing at a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless the person operating that place has obtained and maintains the license with the classification; (51) Owning a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless that place is licensed with the classification; (52) A pattern of continuous or repeated violations of division (E)(2) or (3) of section 3963.02 of the Revised Code; (53) Failure to fulfill the responsibilities of a collaboration agreement entered into with an athletic trainer as described in section 4755.621 of the Revised Code; (54) Failure to take the steps specified in section 4731.911 of the Revised Code following an abortion or attempted abortion in an ambulatory surgical facility or other location that is not a hospital when a child is born alive.

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