Investigations by the State Medical Board of Ohio
The State Medical Board of Ohio (“Medical Board”) is authorized by law to investigate evidence that appears to show a violation of a Medical Board law or rule.
Information received by the Medical Board pursuant to an investigation is confidential. However, the Medical Board may share information it receives pursuant to an investigation (including patient records), with law enforcement, boards, and other government agencies that are prosecuting, adjudicating, or investigating alleged violations of law or rule.
In most matters, the complaint and investigation process is:
Complaint. Any person may report to the Medical Board information that appears to show a violation of a Medical Board law or rule. Each complaint received by the Medical Board is assigned a case number and recorded. A complaint could include allegations that a Medical Board licensee (i) willfully betrayed a professional confidence, (ii) made a false or misleading statement in relation to the practice of medicine, (iii) departed from minimal standards of care, (iv) is unable to practice according to acceptable and prevailing standards of care because of mental or physical illness, or (v) is impaired in their ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs or alcohol.
Investigation. In investigating a possible violation of a Medical Board law or rule, the Medical Board may question witnesses, conduct interviews, order the taking of depositions, inspect and copy books and records, and/or take any other investigatory action included in Ohio Revised Code 4731.22(F)(3).
Pursuant to Ohio Revised Code 4731.22(B)(34), failure to cooperate with a Medical Board investigation can be the basis itself for disciplinary action against a licensee, in addition to any other violation of Medical Board law or rule by the licensee.
Medical Board investigations can be stressful, confusing, and time consuming. Before speaking with or responding in writing to a Medical Board investigator, it is recommended to request from the investigator the time to consult with and, if necessary, retain legal counsel experienced with Medical Board laws and rules. Link here for more information.