Protecting your Rights
Understanding the Physician Licensure Defense Process
Defending a medical license begins months before a hearing is held. Medical records may need to be reviewed, expert or fact witnesses located and interviewed, and a myriad of documents investigated for possible use as evidence in the hearing that is often necessary in Ohio Medical Board cases. The process doesn't end with the hearing. Responses, called objections, may need to be prepared, and preparation for an appearance before the Medical Board itself may be necessary.
Understanding the Nursing Board Complaint Investigation Process
The Ohio Board of Nursing investigates a wide variety of matters, including:
- License application process
- Past conduct affecting the ability to obtain a license
- Unsafe methods or negligence in the practice
- Exceeding the scope of practice
- Medication errors
- Patient abuse
- Inappropriate contact or relationships with patients
- Impairment of the ability to practice as a result of chemical dependency, alcohol abuse, or mental illness
- Sexual misconduct
Initially, the Ohio Board of Nursing gathers information through an investigation that often includes an interview and statement from the nurse, before determining whether to close the matter, offer a consent agreement or proceed to the formal disciplinary process.
Seek Legal Counsel
Dinsmore recommends that physicians, nurses (or other licensed professionals) ask for time to consult with and, if necessary, retain an attorney who is experienced with professional licensing board laws and rules.
It has been our experience that board investigators will agree to the request in an effort to promote the licensee's cooperation. If you have been contacted by an investigator, we encourage you to ask for more time before formally responding and then contact us so we can help you and advise you of your options.
Although a board investigator may request a meeting or a written statement within a short time frame, be aware that any information you disclose to a board investigator can be used against you in disciplinary action. This information can also be forwarded to federal, state and/or local authorities for investigation as to whether a crime has been committed.
Our experienced professional license defense lawyers are here to advocate for you through every step of this process and make sure your rights are protected.
Ohio Legal Requirements
Pursuant to Ohio Revised Code Section 4731.22(B)(34), the failure of an Ohio Medical Board licensee to cooperate with an Ohio Medical Board investigation can be the basis by itself for disciplinary action against the licensee, in addition to any other alleged nurse misconduct or physician misconduct violations of Ohio Medical Board laws and/or rules that you are facing.
It is important to note that every licensing Board in Ohio, including the Pharmacy Board, Psychology Board, Dental Board, Counselor, and Social Worker Board, and even the Division of Real Estate Licensing, have different laws and rules concerning whether failure to participate in an investigation can serve as the basis for disciplinary action. We are familiar with each set of rules and can advise you of your rights accordingly.
For instance, the Ohio Revised Code does not require a nurse to cooperate with an investigation by the Ohio Board of Nursing. A nurse's decision to cooperate is voluntary. We can help you decide how much cooperation is in your best interest and what actions we can help you take to protect your license.
Other Considerations
There are instances when we will recommend that our clients voluntarily cooperate with a board investigation of a complaint. However, the guidelines we typically recommend include:
- Having your lawyer in attendance when you meet with the board investigators
- Submit a written statement only after it has been thoroughly reviewed by our legal counsel and we discuss the content at length with you
Our firm provides comprehensive professional license defense and representation for all stages of the process including investigations, disciplinary hearings, appeals of Board actions and decisions in Ohio courts.
