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Ohio Medical Board Takes Tough Stance on Out-of-State Allegations

Published: Sep 20, 2017 by Brandon Smith

Disciplinary actions against your professional license are serious business. No investigation or hearing should be taken lightly. A recent example from the State Medical Board of Ohio illustrates this in the starkest terms.

At its September 2017 meeting, the State Medical Board of Ohio permanently revoked a physician’s license to practice osteopathic medicine and surgery.

That statement by itself is not shocking. In fact, the Board permanently revoked two licenses at its September meeting. What is shocking is the escalation of discipline in one of those cases an escalation that flowed directly from the Assistant Attorney General, to the Hearing Examiner, and finally to the Board members.

The Assistant Attorney General asked for a 90-day license suspension, a $4,500 fine, two years of probation, and continuing education courses on prescribing and recordkeeping. The Hearing Examiner’s Report & Recommendation proposed an indefinite suspension, not less than one year, a $4,500 fine, five years of probation, and continuing education courses on prescribing, recordkeeping, and professional ethics.

This still was not a harsh enough sanction to satisfy the Board. One of the Board Members moved to amend the suspension to an indefinite suspension, not less than two years. Another Board Member almost immediately moved to permanently revoke this doctor’s license. Once the words permanent revocation were spoken, no Board Member dared to argue for leniency. In fact, a few short minutes later, the Board voted unanimously to permanently revoke this doctor’s license.

What were the doctor’s sins. His Pennsylvania license was placed on a three-year suspension by the Pennsylvania State Board of Osteopathic Medicine, stayed to probation on the condition he obtains and maintains a practice monitor. In other words, the Pennsylvania Board had looked at some issues with his Pennsylvania practice some facts of which are, admittedly, troubling and determined he was, nevertheless, safe to practice as long as he had a monitoring physician.

Despite the fact this doctor is currently licensed and free to practice osteopathic medicine and surgery in Pennsylvania, the State Medical Board of Ohio, based solely on the Pennsylvania decision, permanently revoked his Ohio license.

If a licensing agency notifies you they are investigating or intend to initiate disciplinary proceedings against you, it is in your best interests to seek legal counsel. Regardless of how minor you think the issues are or how lenient another licensing agency has been, you should never take your Ohio license for granted.

If you need help defending your livelihood or have any questions about professional licensing in the state of Ohio, you should strongly consider contacting Graff & McGovern, LPA, at 614-228-5800 for a no-cost consultation.