who is obligated to report a patient with a suspended licesene?

by Citlalli O'Conner 6 min read

What Happens After The Suspension of Medical License?

32 hours ago  · If reinstatement is granted, the board’s order will include any limitations on the nurse’s practice. For example, if the license was suspended because of a substance use disorder, despite successful treatment for that disorder, the board may restrict the nurse from practicing alone on a night shift for a period of years. >> Go To The Portal


What are the obstacles facing a nurse with a suspended license?

Another obstacle facing a nurse with a suspension of the license is when the suspension took place and when he or she may apply for reinstatement.

What to do if your medical license is suspended?

If a physician’s license is suspended, he needs to quit his practice in his state or jurisdiction temporarily until the authorizing Medical Board permits him to do so. Once the administrative investigation has been concluded or when all Board conditions are met, a suspended license may be restored.

Why was a physician's license suspended for five years?

After pleading guilty in State Supreme Court to fourth degree criminal facilitation for writing notes for patients falsely stating they were disabled so they could obtain fare discounts on subway and rail lines, a physician's license was suspended for five years.

Where can I find a list of suspended or debarred medical providers?

As outlined in that Circular, DFEC will publish on its website a listing of providers that have been suspended or debarred, with the effective date. The current list of medical providers that fit this criteria is below.

What happens when a doctor says you can't drive?

Note that doctors themselves cannot directly revoke a driver's license. But they can put the process in motion. This type of report is known as a “confidential morbidity report.” Only doctors are required by law to report medical conditions to the DMV.

Can a doctor revoke a driver's license California?

Can a doctor revoke my driver's license? Technically, no, a doctor cannot revoke a driver's license on their own. However, doctors can report a medical condition to their state's DMV. In some states, they are required to do so.

WHO reports seizures to DMV in Michigan?

In most states, it is the law that your doctor report the episode to the DMV if you had a lapse of consciousness. If your doctor did report it to the DMV, you should be getting paperwork from the DMV 4-6 weeks after it was reported, advising you of what actions they want to take.

How do I report an unsafe driver in California?

Notify California Highway Patrol You can notify the California Highway Patrol of reckless driving incidents that are currently happening by calling 911. If the incident has already happened, you can call the non-emergency number at 800-TELLCHP.

What medical conditions can stop you driving?

Neurological conditions Multiple sclerosis, motor neurone disease, Parkinson's disease and other conditions affecting your nervous system can all affect your ability to drive.

Whose responsibility is it to know how medications will affect the ability to drive safely?

Talk with your physician Ask if the medication may affect your ability to drive. Always tell your physician about other medication(s) you are currently taking. Include prescription, over-the-counter, and herbal supplements.

Does Michigan require health professionals to report unsafe drivers?

New Michigan Law Permits Reporting of Unsafe Drivers by Physicians and Optometrists. The state of Michigan joined more than two dozen states in passing legislation to permit reporting of unsafe drivers by healthcare providers.

How long do you have to stop driving after a seizure?

To drive, you must meet all normal driving requirements and must have been completely free of seizures for one year, with or without taking anti-epileptic drugs (AEDs). Different regulations may apply if your seizures do not affect your consciousness (see below).

How long do you have to be seizure free to drive in Michigan?

Commercial Driving Michigan will license an individual with epilepsy to drive commercial vehicles, including trucks, buses, or taxis, intrastate if they have been seizure-free for one year.

Can you anonymously report an unsafe driver?

But reporting someone for driving dangerously is always an option - even if it's someone you know - as you can do it anonymously. And reporting dangerous drivers helps keep the roads safe for other road users.

How do I report someone for driving without a license in California?

In order to anonymously report someone for driving without a license in California, you can call the 800-78-CRIME tip hotline. You could also contact the police.

How do I report a seizure to the DMV in California?

As to concerned citizens, they can report an epileptic driver by filling out a “DMV request for a driver reexamination” form and submitting it to the DMV. An epileptic driver can also report him/herself to the DMV.

Why is my medical license suspended?

They may suspend a medical license based on any of these reasons or if they feel that sexual harassment, illegal drug prescriptions, crime convictions, alcohol and drugs abuse, and fraud have occurred. Professional misconduct can include intentional or unintentional patient abuse.

What is the reason for a medical license suspension?

What Leads to a Medical License Suspension? A license suspension often starts from patient complaints or grievances from health care facility administrators. These concerns can be shared with the Federation of State Medical Boards (FSMB). This organization may investigate to determine if further action is necessary.

What happens if a doctor fails to follow a probation order?

If a doctor fails to follow a probation or suspension order, it can lead to license revocation. Once a physician or health care provider’s license ...

What happens if a physician does not receive a hearing request?

If the board does not receive a hearing request, the suspension will move forward. When this happens, the physician must quit practicing medicine in the state or jurisdiction temporarily. An administrative investigation will then take place. After the investigation is completed or the board conditions are all met, ...

What happens if a physician is not successful in a medical malpractice case?

If it is not successful, the physician might want to appeal to a higher court with an administrative judge. If the higher court rules in the physician’s favor, the medical board still has the option to overrule the decision. If the board does not receive a hearing request, the suspension will move forward. When this happens, the physician must quit ...

How to appeal a license suspension?

How can I Appeal a License Suspension? An appeal should be handled by a knowledgeable lawyer. A lawyer can work to develop a strong case to challenge the suspension, which could involve a private investigator, witness testimony, and medical experts. This case would then be presented to the board.

How long after hearing should I notify the board?

A few weeks after the hearing, the board should notify the doctor of their findings. They might end up changing their decision to suspend the license. If not, the board will keep their decision to suspend the license; when this happens, the physician may decide to appeal the board’s ruling.

What happens if a nurse's license is suspended?

For example, if the license was suspended because of a substance use disorder, despite successful treatment for that disorder, the board may restrict the nurse from practicing alone on a night shift for a period of years.

How long does a nurse have to be disciplined?

Although timeframes vary and would depend again on why the nurse was disciplined, the order could specify one or several months to one or several years. Another obstacle facing a nurse with a suspension of the license is when the suspension took place and when he or she may apply for reinstatement. If the timeframe is a long one, ...

What is the purpose of sepsis?

Updated recommendations for managing sepsis have emerged to help healthcare teams more effectively treat and care for septic patients. Tools and approaches are available to help prevent or halt the progression of sepsis in at-risk patients.

Can a nurse board meet with a petitioner?

Often the board will want to meet with the petitioner so the board members can ask additional questions of the applicant. Likewise, the applicant may want to verbally provide additional information to the board members. If reinstatement is granted, the board’s order will include any limitations on the nurse’s practice.

Is a suspension of RN license a serious discipline?

A reader submitted a question about her RN license being suspended and wonders what she should do to get her license back. A suspension of one’s professional nursing license is a serious discipline. Only a revocation is grimmer. Although any professional licensure discipline may present problems, a suspension raises unique complications.

Why is my driver's license suspended?

macular degeneration. These conditions are a common cause of driver’s license suspensions for elderly drivers. But drivers of all ages can be affected. Once the DMV receives a report from a physician regarding a driver’s inability to drive safely, it can take any of the following actions:

Who is required to report medical conditions to the DMV?

Only doctors are required by law to report medical conditions to the DMV. But other parties have the option to do so, including: law enforcement officers, judges, family members, friends, concerned private citizens, and. even the driver him- or herself (in a driver’s license application or during a visit to the DMV).

What is the California Vehicle Code 12806?

even the driver him- or herself (in a driver’s license application or during a visit to the DMV). California Vehicle Code 12806 VC lets the DMV suspend a license for a medical condition. But the DMV may only do this if the condition actually affects someone’s ability to drive safely.

What to do if the DMV finds that the driver poses no safety risk?

do nothing (if the Department finds that the driver poses no safety risk), ask for further medical information, conduct a “ reexamination hearing ,” or. in rare cases, immediately suspend or revoke the person’s driving privileges. The DMV must notify the impacted driver in writing of its final decision.

What to do if there is no safety risk?

do nothing (if the department decides there is no safety risk), request more information, in the form of a “ Driver Medical Evaluation ” (“DME”), schedule a “reexamination hearing” with the driver , or. in rare cases, immediately suspend or revoke the person’s driver’s license.

What is restricted license?

issue a restricted license, allowing the person to drive as long as he/she complies with specific conditions such as wearing corrective lenses or not driving at night, suspend the person’s driver’s license (allowing the driver to get it back if the driver later proves he/she no longer presents a safety risk), or.

When do you have to inform the DMV of retaliation?

Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely.

Why is a denial of clinical privileges at appointment or reappointment not reported to the NPDB?

Note that a denial of clinical privileges at appointment or reappointment that occurs solely because a practitioner does not meet a health care institution's established threshold criteria for that particular privilege should not be reported to the NPDB.

How long do you have to report a denial of privileges?

Denials or restrictions of clinical privileges for more than 30 days that result from professional review actions relating to the practitioner's professional competence or professional conduct that adversely affects, or could adversely affect, the health or welfare of a patient must be reported to the NPDB. This includes denials of initial applications for clinical privileges. When used by the NPDB in the context of clinical privileges actions, a "restriction" is the result of a professional review action based on clinical competence or professional conduct that leads to the inability of a practitioner to exercise his or her own independent judgment in a professional setting.

How long do you have to report a clinical privileges action to the NPDB?

Entities must report clinical privileges actions to the NPDB if they result from a professional review action and last longer than 30 days. Title IV requires "a professional review action that adversely affects the clinical privileges of a physician or dentist for longer than 30 days" to be reported (emphasis added).

What happens when a physician's board certification expires?

A physician's board certification expires and, as a result, the hospital automatically revokes the physician's clinical privileges through an administrative action . The revocation of clinical privileges was not a result of a professional review action and should not be reported to the NPDB.

What is clinical privilege?

Clinical privileges include privileges, medical staff membership, and other circumstances (e.g., network participation and panel membership) in which a physician, dentist, or other health care practitioner is permitted to furnish medical care by a health care entity. Adverse clinical privileges actions that must be reported to ...

How long do you have to report a dentist?

Other practitioners (optional) Hospitals and other eligible health care entities must report: Professional review actions that adversely affect a physician's or dentist's clinical privileges for a period of more than 30 days. Acceptance of a physician's or dentist's surrender or restriction of clinical privileges ...

What is a routine peer review?

A routine, formal peer review process under which a health care entity evaluates, against clearly defined measures, the privilege-specific competence of all practitioners is not considered an investigation for the purposes of reporting to the NPDB.

Who can report a physician who is not impaired?

Practitioners suspected of having problems with alcohol, drugs, or mental illness, but whose ability to practice is not impaired, may be reported to the Committee on Physicians' Health of the Medical Society of the State of New York (the committee). All calls are confidential.

What does "not authorized by the patient" mean?

refusing to provide medical care because of a patient's race, creed, color, or national origin; guaranteeing a cure; performing professional services not authorized by the patient; willfully harassing, abusing, or intimidating a patient; ordering excessive tests or treatments;

What are the charges of physician misconduct?

Physicians may also be charged with misconduct for: being impaired by alcohol, drugs, or physical or mental disability; abandoning or neglecting a patient in need of immediate care; promoting the sale of services, goods, appliances, or drugs in a manner that exploits the patient; refusing to provide medical care because of a patient's race, creed, ...

What is a physician found guilty of?

A physician was found guilty of prescribing drugs to patients without doing even minimally necessary exams or histories. The physician was found to have given one patient drugs that were excessive in number, too high in dosage, dangerous in their combined side effects and, in some instances, contraindicated.

What is the role of a licensed physician in New York?

The vast majority of New York's licensed physicians are dedicated, caring and capable professionals working to protect and improve the health of their patients. However, physicians whose practice of medicine is seriously deficient or who are dishonest or impaired affect the integrity of the entire profession and potentially impact the quality of patient care.

How to contact the NYS Medical Society?

e-mail address: opmc@health.ny.gov. To reach the Medical Society of the State of New York's Committee for Physicians' Health: 1-800-338-1833 or. 1-518-436-4723.

Do you have to contact OPMC if you have a medical impairment?

If you believe, however, that a colleague's medical performance may be impaired, you must contact OPMC. The law does not exempt physicians from their duty to report colleagues practicing with a suspected impairment to OPMC because they have reported to the committee.

Legal Analysis

Courts have held that physicians have a legally protected property right in their privileges to practice at government-owned facilities. Hospitals control the quality and number of physicians who are permitted to practice within the facilities by offering these medical staff privileges [1].

Questions for Discussion

Does the hospital owe physicians any duty to protect their reputations while it carries out a detailed investigation as to whether the physician poses a danger to patients?

Author Information

June M. McKoy, MD, JD, MPH is a clinical instructor of medicine at Northwestern University Feinberg School of Medicine and a member of the Ethics Committee and the Institutional Review Board at Northwestern University.

What Leads to A Medical License Suspension?

  • A license suspension often starts from patient complaints or grievances from health care facility administrators. These concerns can be shared with the Federation of State Medical Boards (FSMB). This organization may investigate to determine if further action is necessary. The FSMB will look into accusations of professional misconduct, criminal act...
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Can I Request A Hearing?

  • Once the state medical board decides to suspend a physician’s license, they will mail the provider a letter to let them know the decision. There will be another document explaining the reasons for the suspension; there may also be fines that have to be paid. A provider who receives a license suspension notification from the state medical board has the right to a hearing, but this request …
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How Can I Appeal A License Suspension?

  • An appeal should be handled by a knowledgeable lawyer. A lawyer can work to develop a strong case to challenge the suspension, which could involve a private investigator, witness testimony, and medical experts. This case would then be presented to the board. If it is not successful, the physician might want to appeal to a higher court with an administrative judge. If the higher cour…
See more on healthcarelawfirm.net

Can My Medical License Be reinstated?

  • A medical license can be reinstated, but specific protocols must be followed, depending on the state of licensure. Once the suspension is over, there may also be a waiting period before reinstatement can be requested. To begin the process, the physician will need to complete and submit a reactivation application. There will be a question about whether or not the medical lice…
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