Article
Ohio state laws and regulations that affect your medical practice
What is the professional standard of practice for physicians?
In Ohio, a licensee is required to meet certain ethical standards of practice as determined by the applicable professional association, such as the AMA, in the case of physicians. The American Medical Association (“AMA”) offers guidance through its “Principles of Medical Ethics.” Specifically, the AMA dictates that a physician must:
available at https://catalog.ama-assn.org/Catalog/home.jsp
What are grounds for disciplinary action?
Examples of acts for which physicians may be disciplined include, but are not limited to:
OH ST § 4731.22
While not binding, the State Medical Board of Ohio has issued Disciplinary Guidelines (Rev. Apr. 2002), which may be used by the Board for reference and guidance in disciplinary proceedings.
Available at http://med.ohio.gov/pdf/meddis.pdf
If a physician violates a standard of practice, what penalties may the board impose?
According to the Disciplinary Guidelines, each act warranting discipline carries with it a maximum and minimum penalty. For example, in disciplining a physician for “publishing a false, deceptive, or misleading statement, the maximum penalty is permanent revocation of the physician’s certificate, while the minimum penalty is a reprimand.
Available at http://med.ohio.gov/pdf/meddis.pdf
Are there any aggravating or mitigating factors that justify a departure from the guidelines?
Yes, the Board takes aggravating and mitigating factors are into account when disciplining a physician. Aggravating factors include, but are not limited to, prior disciplinary conduct, multiple violations, refusal to acknowledge wrongful nature of conduct, and willful or reckless misconduct.
Mitigating factors include, but are not limited to, no prior disciplinary record, absence of a dishonest/selfish motive, remorse, and absence of willful or reckless misconduct.
Copyright © Kern Augustine Conroy and Schoppmann, P.C. Used with permission.
Updated 2008