Remedies for Health Care Providers Facing Professional Discipline
A prosecuting attorney who represents professional licensing boards shared with me his view that the decision to file disciplinary charges (PDF) is determined largely by the licensee's past conduct, whereas the degree of discipline is significantly influenced by the remedial measures undertaken by the licensee since the events leading to the disciplinary action.
In my experience, this is true. The sooner a health care professional can take a serious look at and begin to effectively address the issues leading to the board's action, the better off he or she will be. This is appropriate even if the allegations are exaggerated, and even in some cases where the allegations are untrue.
What kinds of remedial measures are appropriate in a given case? The best answer to this is to initiate whatever measures are necessary to assure the licensing board that patient safety will be protected. The highest priority of any health care licensing board is to protect patient safety. So, any problem (or allegation of a problem) that threatens patient safety must be addressed.
Some frequently occurring issues include: allegations of mental health problems, substance abuse problems, deficiencies in clinical skills, and poor medical record keeping - the bane of many health care providers. No one likes to face these issues, especially in the context of professional discipline. There, however, effective remedial measures that can address each of these areas. For example, there are excellent clinical training programs to address questions of clinical proficiency, alcohol and drug abuse treatment programs to assist with addiction problems that are far more common than many like to acknowledge, mental health providers to help deal with the stresses of practice, and the trauma of facing professional discipline, and many others who stand ready to assist a health care professional remain in practice.
No doubt, an investigation or accusation by a licensing board is the beginning of a very stressful time for any professional. My advice, throughout this often arduous process, is to bear in mind the primary purpose for becoming a health care professional - which is to help patients. By taking remedial measures to ensure one's fitness to practice safely, a health care professional can, in the great majority of cases, demonstrate that he or she should be allowed to continue practicing in their chosen profession.
