In these instances, the Board itself may open a file on its own motion. Under the direction of the Chief of Compliance, preliminary investigative reports are prepared on all but the most serious cases and sent for initial review to the Intake and Screening Committee or, if concerning a liability claim, to the Professional Liability Claims Review Committee. More serious cases may go directly to the Disciplinary Committee or to the Full Board for full investigation or immediate action. During the complaint investigation phase, all information related to the investigation is strictly confidential. In fact, under statute, the Board may neither confirm nor deny that an investigation is underway or has taken place.
Cases requiring further review are subject to full investigation by the compliance staff.
Of the 500 or so cases the Board receives each year, it finds sufficient grounds to file formal charges on approximately 10 percent. Consequently, they are not subject to public disclosure. The Board can, however, disclose any statement of charges filed against a physician. The Statement of Charges usually contains a brief statement of the allegations made against a licensee. Although formal charges are public record, the Board is strictly prohibited from releasing materials contained in an investigative file.