Health Law Ticker : California Lawyers & Attorneys for Regulatory, Transactional & Litigation Representation for Healthcare Professionals in the US

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.

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In the unfortunate event that a health care professional faces an accusation from a licensing board, what issues should he or she be thinking about?  The answer is - everything!

The implications of professional discipline extend as far as one's professional life.  All professional organizational affiliations are likely to be impacted.  Therefore, in planning a defense, it is imperative to take into account a broad range of issues, including at least the following: 

• Medicare/Medi-Cal provider status;
• private network provider status;
• DEA registration;
• professional liability insurance;
• specialty board certification;
• employment status;
• medical staff issues;
• tort liability; and
• immigration status. 

For a full-length discussion of these issues, see my article published in ABA The Health Lawyer entitled, Representing Healthcare Professionals in Disciplinary Actions: Containing the Collateral Damage (PDF).  This was written for attorneys representing health care professionals.

This broad range of issues can seem overwhelming.  The point to keep in mind, however, is that the touchstone in any disciplinary action is patient safety and professional rehabilitation.  To the extent that a health care professional can demonstrate that he or she is fit to practice safely with due regard for the well-being of patients, and that the professional is undergoing appropriate rehabilitation if needed, the prospects for maintaining one's professional status are quite good.

Check my blog again as I address these and other topics in more detail.  Your questions and comments are, of course, welcome.

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