The Medical Board and You Richard A. Whitehouse, Esq. Executive Director State Medical Board of Ohio OAPA Student Professional Development Conference February 18, 2012

Medical Board Mission To protect and enhance the health and safety of the public through effective medical regulation

Ohio Board Structure 12 members, appointed by Governor 7 MDs 1 DO 1 DPM 3 Consumers Five year appointment; may be reappointed Board meets monthly All discussions held in public session

Agency Operations Overseen by Executive Director $ 8.6 million budget in FY11 funded through licensing & renewal fees ◦ no general revenue funding Agency has 77 full-time staff positions MED.OHIO.GOV

Medical Doctors MD37,677 Doctors of Osteopathic Medicine DO 5,213 Doctors of Podiatric Medicine DPM 974 Licensed Massage Therapists LMT 12,040 Physician Assistants PA 2,370 Anesthesiologist Assistants AA175 Acupuncturists A or RAC191 Cosmetic Therapists CT 198 Doctors in training 5,733 Radiologist Assistants8 Over 64,000 professionals, including Medical Board Licensees Data as of

Why is Licensure Required ? To protect the public by ensuring that persons providing medical care meet sufficient standards of education, training, competence and ethics

Physician Assistant Licensees PAs are 4% of the 64,736 licensees regulated by the Medical Board There are 2,370 PAs with active licenses as of Dec. 31, 2011 MD – DO – DPM 68% Other Licensees 19% Drs in training 9% PA 4%

New PA licenses and Rx issued New PA licenses and Rx issued

Grounds for Discipline 24 grounds for action, including... impairment of ability to practice due to chemical dependency (drugs or alcohol) criminal conviction failing to provide complete and accurate information on licensure and renewal forms actions by other regulatory boards Section , O.R.C

Types of Disciplinary Actions Reprimand Probation Limitation Suspension ◦ Definite suspension (specific time period) ◦ Indefinite suspension (minimum time out established) ◦ Automatic suspension (by operation of law) ◦ Summary suspension (pre-hearing) ◦ Immediate suspension (pre-hearing) Revocation Permanent Revocation Denial Permanent Denial

Pre-Hearing Suspensions Summary Suspension [R.C (G)]: ◦ Clear and convincing evidence of violation of Physician Assistant Practices Act AND continued practice presents a danger of immediate and serious harm to the public. Immediate Suspension [R.C ]: ◦ Conviction of a felony drug abuse offense. Automatic Suspension [R.C (I)]: ◦ Conviction of certain serious, violent criminal offenses, such as rape and murder.

Actions involving PAs Actions involving PAs Total actions involving PAs Revocation Suspension 2514 Probation 2633 Licensure denial 2001 Summary or Immediate suspension 3011 Application approved; no further action required 0001 All disciplinary actions taken by Medical Board

CASE STUDIES

WAYS TO JEOPARDIZE YOUR LICENSE Impairment due to chemical dependency (drugs or alcohol) Criminal acts or convictions Failing to provide complete and accurate information on licensure application

CASE #1 – IMPAIRMENT PA certificate indefinitely suspended due to PA’s inability to practice safely because of chemical dependency; conditions for license reinstatement and monitoring by Medical Board established PA license reinstated following completion of inpatient treatment at Medical Board approved treatment facility; probationary monitoring conditions in place for minimum of five years (until 2014)

CASE #2 – IMPAIRMENT PA admitted chemical dependency on opiates. PA obtained drugs for self-use by forging the name of a physician on prescriptions. Two actions by Board: 1)Indefinite suspension of license & loss of prescriptive authority; conditions for reinstatement set by the Board 2)Ohio PA license revoked one year later due to PA’s failing to complete required treatment; relapse on alcohol & drugs

CASE #3 – OTHER STATE ACTION Based on action by Indiana Board due to PA writing and signing more than 200 prescriptions using an invalid DEA number and writing and signing over 300 controlled substance prescriptions despite the lack of prescriptive authority for PAs in Indiana Ohio PA license permanently revoked

CASE #4 – APPLICATION ISSUES Applicant failed to tell Ohio Board about disciplinary action by West Virginia Medical Board WV Board acted because the person worked as a PA in that state without a license Ohio PA application permanently withdrawn

Contact Information Richard A. Whitehouse, JD Executive Director 30 E. Broad St. 3 rd Floor Columbus, OH med.ohio.gov