An investigative file is opened on legally sufficient complaints. An investigator is assigned to collect information, obtain medical records, interview anyone with knowledge of the circumstances. The investigative report is provided to the Probable Cause Panel of the Board of Medicine. A case in which probable cause has been found is prosecuted. A case in which probable cause is not found, is closed by the Probable Cause Panel.
Prosecution is initiated by the filing of an administrative complaint.
The Board of Medicine determines the final outcome of the case. The Department investigates any written complaint which is legally sufficient. A complaint is legally sufficient if it contains facts which show that a violation of the Medical Practice Act or the rules promulgated thereunder has occurred. The Department may investigate an anonymous complaint, or a complaint made by a confidential informant, or may initiate an investigation if it has reasonable cause to believe that a licensee has violated the law. Furthermore, a physician is required to report to the Department a final judgment in any amount, a settlement in any amount, or a final disposition not resulting in payment.