Medical Misconduct & Discipline Law

While physicians are required to cooperate with investigators on requests for medical records, there is no obligation for you to agree to an interview. Seek the advice of an attorney before speaking to their investigators. Nearly all medical professionals are proud and certain of their practice and integrity, but don't presume to know the scope of their investigation. If you are interviewed, OPMC is required to provide you with a summary report.

• A single incident of negligence or incompetence.
• A pattern of inappropriate prescribing or medical practice.
• Impairment by drugs, alcohol, physical or mental disability.
• The Board’s review of a medical society's recommendation.
• The Board’s review of facts underlying a medical malpractice lawsuit verdict.
• A criminal conviction.

If OPMC investigators determine there is sufficient evidence of misconduct, their findings will be referred to a committee, which will make recommendations to the Director. If a disciplinary hearing is held, members of the Board for Professional Medical Conduct – consisting of two physicians and one layperson – will make findings of guilt or innocence, and the charges will be public. The Board has the authority to limit or revoke a physician's license, order education or retraining, or impose a fine. Even if a hearing is not ordered, these proceedings can be made public by a vote of the committee members. Most often, OPMC cases are resolved by a consent order, in which a physician admits some wrongdoing, but avoids more serious penalties.