Ohio Medical License Defense Attorneys
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Don’t hesitate to contact an experienced attorney if you’ve been contacted by the State Medical Board of Ohio about possible action against your license. Our team of Ohio medical license defense attorneys at Graff & McGovern know that your medical license represents years of education and hard work. Contact us today at 614-228-5800, or use our online form, to learn how we’ve helped countless other licensed professionals over the last 25 years.
State Medical Board of Ohio
The State Medical Board of Ohio is the agency that oversees various types of medical licenses. The board regulates more than 67,000 licensees across the state, including:
- Doctors of medicine
- Doctors of osteopathy
- Podiatrists
- Surgeons
- Physician assistants
- Massage therapists
- Cosmetic therapists
- Anesthesiologist assistants
- Radiologist assistants
- Acupuncturists
- Oriental medicine practitioners
- Genetic counselors
The Medical Board consists of 12 members who are appointed by the governor: nine physicians consisting of at least seven medical doctors, at least one doctor of podiatric medicine, one doctor of osteopathy, and at least three consumer members of the public.
Ancillary to its regulation, the Medical Board is very active in the advancement of legislative amendments to medical laws and rules. The Medical Board has approximately 80 employees, including medical review officers, legal counsels, investigators and enforcement Attorneys.
The board also establishes rules and regulations for licensure and certification, and oversees disciplinary action against licensees over allegations of misconduct.
Medical Board Complaints
When a member of the public makes a complaint to the Medical Board, it is reviewed to determine whether the board has jurisdiction. If jurisdiction is appropriate, the board will investigate the complaint to determine whether the license holder may have acted improperly. Common reasons for board investigations and disciplinary actions include:
- Improper prescribing, dispensing, or administering of drugs
- Failure to conform to minimal standards of care
- Fraud, misrepresentation, or deception
- Ethics violations
- Sexual misconduct
- Unauthorized practice
The disciplinary guidelines established by the board also state the possible action that may be taken for each type of violation, with a recommended minimum and maximum penalty. For example, prescribing, dispensing, or administering an excessive amount of a drug or for an excessive period of time can result in a minimum penalty of 90 days suspension and a maximum penalty of revocation of a license or permanent denial of a license application. Depending on when the alleged misconduct occurred, the board also may impose up to a $20,000 civil fine.
The board treats alleged violations very seriously. It’s important if you’re under investigation or have received notice of a possible action against your license that you seek the help of a skilled medical license defense attorney who can explain to you the process and possible outcomes, and be your advocate in front of the board.
Medical Board Hearings
If your case goes to a hearing, formal administrative hearings occur before Medical Board hearing examiners. Some of these hearing examiners are employees of the board and some contract with the board as needed depending on case volume.
Administrative hearings often involve formal legal procedures including:
- Stipulations to evidence
- Opening and closing arguments
- Direct and cross-examination of witnesses
- Formal submission of marked exhibits into the certified hearing record
Applicants and licensees unfamiliar with courtroom litigation practice often find the board’s formalities intimidating. Lawyers well-seasoned in trial practice, but unfamiliar with Ohio Administrative Procedures Act, often find the board’s proceedings confusing and foreign, with the absence of discovery and a relaxed application of the Rules of Civil Procedure and Evidence.
How a Qualified License Defense Lawyer Can Help
An attorney with experience handling medical license cases can assist an applicant or a licensee in several ways. Early assistance can prevent misunderstandings and communication deficiencies. Early assistance can also assist the Board in closing investigations where further review and discipline is unwarranted.
Early assistance can involve counseling applicants and licensees on their rights and responsibilities on responding to board-issued subpoenas, investigatory interviews, depositions, and office conferences. If a formal disciplinary action is initiated, an attorney can assist the applicant or licensee through the hearing process. In addition, an attorney may be able to secure a settlement agreement to avoid a formal hearing.
Experienced Ohio Medical License Defense Lawyers
Because of the unique nature of proceedings before the State Medical Board of Ohio, it is highly recommended that you obtain help from an attorney with substantial experience handling matters involving this board.
Our team at Graff & McGovern has represented licensed professionals in Ohio for 25 years. Our attorneys have experience working with the State Medical Board of Ohio both as assistant attorneys general and in private practice. Two of our attorneys are certified by the Ohio State Bar Association as Administrative Agency Specialists, which means they have considerable training in administrative agency law. Only six attorneys in the state have this certification.
The lawyers at Graff & McGovern are highly qualified to represent medical license holders in matters involving the State Medical Board of Ohio. Contact us today at 614-228-5800, or use our online form, to schedule a consultation to discuss your case and learn how we can help you.