Third, you may opt for a formal hearing, which is a trial on the merits before an Administrative Law Judge. The Board The Board of Medicine sits as a quasi-judicial body and hears all disciplinary cases. This includes any settlement agreement between the prosecutor and a physician. The Board determines penalty and issues the final order in each disciplinary case. In determining what penalty is appropriate, the Board must first consider what sanctions are necessary to protect or to compensate the patient, and then may consider requirements designed to rehabilitate the physician.
All costs associated with compliance with final orders are the obligation of the physician.
The licensee may appeal the Board's Final Order by seeking judicial review within 30 days of the filing of the Final Order. There are some suggestions which if closely adhered to may decrease a physician's risk of being investigated by the Department or disciplined by the Board. Your medical record documentation is your proof of the care you rendered and your defense against allegations of wrong-doing. The medical record is used for purposes of continuity of care, utilization review, peer review, criminal cases involving allegations of assault, rape, etc., medical malpractice defense, and defending against licensure discipline. It is advisable to document specifically because two to three years from now you will not remember specifics about the patient and the care you rendered to the patient.