Government agencies that license and regulate healthcare professionals are known as Professional Licensing Boards. Applicants for licensure must be properly educated, trained, qualified and competent to practice in their respective healthcare fields. Professional Licensing Board statutes and regulations require oversight, monitoring and imposition of disciplinary actions for violations of law, relevant to healthcare professionals. Licensing Boards have the authority to publicly reprimand, suspend or revoke a healthcare provider’s license, impose a fine up to $50,000 or issue an immediate suspension of license—an action that can be financially and professionally devastating.
As an example, the Maryland Board of Physicians includes medical providers and consumer members who serve as the public watchdog group and state agency responsible for monitoring and disciplining physicians, physicians assistants, radiographers, radiation therapists, radiologist assistants, nuclear medicine technologies, respiratory care practitioners, polysomnographic technologists, and naturopathic doctors.
According to the Board’s website, a person or entity must download and complete the complaint form and return it to the Board’s Intake Unit. The Board investigates every complaint it receives to determine if the licensee has followed and complied with the Maryland Medical Practice Act. The Board typically interviews witnesses and issues subpoenas for medical records. Even when the complaint is disputed by the accused provider, the Board has the authority to suspend a health care provider’s license without prior notice. If the Maryland Board of Physicians sends a letter informing a provider of a complaint, the Response is typically due within 10 days. To avoid discipline, the first step is to respond within the timeframe or to seek an extension immediately.
The typical outcome of a patient complaint is as follows:
- A preliminary investigation may be dismissed with no formal action;
- A preliminary investigation is upgraded to a full, formal investigation;
- An investigation is closed with a Non-Public Letter of Education or Admonishment;
- A formal investigation is voted on by the Board and referred to the Maryland Office of the Attorney General for Charges against the healthcare provider;
- Once Charges are issued, the Board rarely dismisses the case, and more often issues Public Disciplinary Action such as Reprimand, Suspension, Revocation, Fine and/or Probation.
Step 1: Take the Letter Seriously
Treat any correspondence from the Board regarding a complaint or inquiry as a serious legal matter. Keep in mind that your license is your most valuable asset (Patrick—should we link to the podcast here?), that you spent years of time and effort to be issued your license, and that an investigation or complaint could jeopardize your career and ability to practice in the State of Maryland.
Step 2: Contact a Medical License Defense Lawyer
Consult with an experienced health care (attorney) lawyer, who will assist you in identifying mistakes, errors or problems with your case before drafting a legal and factually supported response to the Board.
Step 3: Detail Your Response
Write a detailed and thorough initial response because it may have a significant impact on how the Board decides to proceed. Ensure that your response meets the deadline set by the Board.
Step 4: Do Not Tamper
DO NOT tamper with, alter, or destroy any medical records, especially those that the Board may have requested. Discipline may be imposed if you change or alter your medical records.
Step 5: Prepare for Your Interview
If the Board requests that you appear for an interview, do not go alone. Be prepared, review your records and seek legal advice before the interview. It will be recorded and you be placed under oath. It is critical that you do not attend the interview without adequate prepartion and legal guidance. An attorney can assist you, defend you and, if necessary, appear before the Board.
Ready to Speak with a Maryland Medical License Defense Lawyer?
At Natasha Wesker Law LLC, we are committed to advocating on behalf of health care professionals by providing personalized, responsive, and knowledgeable service. We strive to forge lasting relationships through understanding our client’s goals, comprehensively gathering information, developing a collaborative strategic approach, and personalizing our guidance to meet each client’s needs.
We represent health care providers with Professional Licensing, Investigations, and/or Disciplinary Charges brought by any Maryland Health Occupation Board. We also offer complimentary services to avoid Board action by assessing, managing and mitigate risk. We negotiate employment agreements, evaluate documentation and coding policies and regularly defend impaired providers seeking rehabilitation and recovery.
Contact us today to learn more about how we can help you in your case