Ohio Medical Board to Impose Monetary Fines

The State Medical Board of Ohio is authorized to impose a range of sanctions against a physician for violating the Board’s laws and rules. The sanctions range from a reprimand to suspension, limitation, revocation or permanent revocation of a medical license. R.C. 4731.22(B)(22).  http://codes.ohio.gov/orc/4731.22v1.  However, for actions that arise AFTER September 29, 2015, in addition to imposing one of the sanctions listed above, the Medical Board is also authorized to impose a monetary fine against a physician for violating the Board’s laws or rules.

The chart listing the range of monetary fines can be found on the Medical Board’s website at: http://www.med.ohio.gov/Portals/0/DNN/PDF-FOLDERS/For-The-Public/FiningGuidelinesIncludingCivilPenalties.pdf.

The monetary fines imposed by the Medical Board are steep. It would be expected that the sanction for being convicted of a felony or crime involved in the practice of medicine would result in a substantial fine; however, even in cases that may appear less egregious the Medical Board is authorized to impose substantial monetary fines. For example:

  • prescribing a controlled substance to self or a family member in violation of OAC 4731-11-08, the Medical Board may impose a fine ranging from $3,000-$10,000, with the “standard fine” being $4,500.00;
  • willfully betraying a professional confidence, the Medical Board may impose a fine ranging from $5,000-$20,000, with the “standard fine” being $9,500.00;
  • supervising a physician assistant, anesthesiology assistant, or radiology assistant without a supervisory plan and approved supervisory agreement may result in a monetary fine ranging from $5,000-$20,000, with the “standard fine” being $9,000.

In addition, the Board Members have made it clear that inability to pay a monetary fine is not a defense. The Medical Board will not look at a licensee’s ability to pay prior to imposing a monetary fine.

As a licensed physician in Ohio, you should be familiar with the Medical Board’s laws and rules which can be found at the Medical Board’s website at: http://www.med.ohio.gov/.  You should also be familiar with the Board’s disciplinary authority.

As always, if you have any questions about this post or about the State Medical Board of Ohio in general, feel free to contact me at beth@collislaw.com or call me at 614-486-3909.

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