Disciplinary actions – Ohio Rev. Code Ann. § 4731.22

“Disciplinary actions”

The state medical board can limit, revoke or suspend an individual’s certificate to practice, refuse to grant a certificate or register an individual, if the individual committed fraud, misrepresentation or deception during the application process.  Reasons vary from making fraudulent statement in solicitation of patients, legal trouble, failure to comply with certain rules and inappropriate use of drugs or alcohol.  For a full list of the acceptable reasons to remove a certificate to practice, click here and view (B)(1) to (B)(48).

Disciplinary actions will be adjudicated unless the board enters into an agreement with the individual, which is made up of the findings and order of the board.  If the board takes disciplinary action, the individual’s certificate must be suspended for a minimum of one year but the board may specify if the action is permanent.

The board will conduct all investigations and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board.  Information received by the board pursuant to an investigation is confidential and not subject to discovery in any civil action.   The board will not make public the names or any other identifying information about patients or complainants without proper consent.  The board may share any information it receives pursuant to an investigation, including patient records and patient record information with law enforcement agencies, other licensing boards, and other governmental agencies that are prosecuting, adjudicating, or investigating alleged violations of statutes or administrative rules.  An agency or board that receives the information will comply with the same requirements as the board regarding confidentiality.  During the investigation process, the board can act without supervision unless issuing a subpoena for patient record information, which requires consultation with the attorney general.

The board must quarterly issue a report that documents the disposition of all cases, which must contain a description of the allegations and the disposition of the case.  The reports will be prepared in a manner that protects the identity of each person involved in the case, and such reports will be public records. 

If the board takes action and there is a judicial finding of guilt and it is overturned on appeal, the board must reinstate the individual’s certification to practice.

If an individual is found guilty twice for certain criminal offenses, their certificate to practice will automatically be suspended.

The board must create and implement a quality intervention program to improve clinical and communication skills of individuals authorized to practice medicine and surgery.  There must be set providers of educational and assessment services and approval of individual programs.