How Healthcare Professionals Can Avoid Waiving The Right To Appeal An AdjudicationPublished: Feb 08, 2017 by James McGovern
Every licensed healthcare practitioner needs to understand the consequences of failing to follow the basic procedural requirements for appealing an Adjudication Order issued by a licensing board that sanctions his or her professional license. Otherwise, the licensed healthcare practitioner will be at risk of joining the ever increasing group of licensees who have forfeited their right to appeal an Adjudication Order to the Court of Common Pleas. After the licensee loses the right to appeal an Adjudication Order impacting his or her license, the Adjudication Order cannot be challenged.
About once per month, an attorney with Graff & McGovern is contacted by a panicked physician, nurse, pharmacist or other licensed healthcare practitioner who has been sanctioned by the Ohio Medical Board, Ohio Board of Nursing, Ohio Board of Pharmacy or other applicable Ohio professional licensing board through an Adjudication Order, but has failed to preserve the right to appeal the Adjudication Order. The root cause of the problem in most of those cases is a lack of understanding by the licensee and, in some cases, the licensee’s inexperienced legal counsel regarding Ohio Revised Code 119.12, which outlines the process that must be followed in order to preserve the right to appeal an Adjudication Order issued by a professional licensing board or other state administrative agency.
To avoid this problem, physicians, nurses, pharmacists and other licensed healthcare professionals should carefully read O.R.C. 119.12 or, better yet, work with an attorney experienced in handling administrative appeals governed by O.R.C. 119.12. At a minimum, the licensee and his or her counsel must understand that in order to preserve appeal rights under O.R.C. 119.12: 1) a notice of appeal must be filed with both the proper County Court of Common Pleas and the board / administrative agency that issued the Adjudication Order being appealed; 2) the notice of appeal must be filed with both the court and the board / agency no later than 15 days following the date the Adjudication Order was mailed to the licensee by the board / administrative (as reflected by the date of mailing set forth in the certificate of mailing attached to the Adjudication Order); 3) the notice of appeal must identify or attach the Adjudication Order being appealed; and 4) the notice of appeal must include the following magic language: The agency’s order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. Failure to follow all 4 of those requirements will result in the appeal being dismissed by the Court.
If and when a licensed healthcare professional receives an Adjudication Order, he or she should promptly contact experienced legal counsel to review the Adjudication Order, evaluate the merits of an appeal and, when applicable, timely prepare / file a proper notice of appeal.
If you or your attorney has questions about administrative appeals under O.R.C. 119.12 or if you need assistance dealing with the State Medical Board of Ohio, Ohio Board of Nursing, Ohio Board of Pharmacy or other applicable Ohio professional licensing board to defend your professional license, please contact James McGovern at 614-228-5800, x2, or any of the other license defense lawyers at Graff & McGovern for a no charge initial consultation. Call us today at .