A Board complaint can evolve into an investigation. An investigation can evolve into charges being filed. Once filed, your license is at risk.
The Medical Board may offer an agreement in lieu of a hearing. The agreement would stipulate terms and conditions.
The ostensible carrot is that you’d be bargaining for a certain outcome with terms you can live with.
On the other hand, you’d be foregoing a chance at exoneration.
The risk associated with taking that chance can be substantial.
As with a surgical procedure, you need to weigh the risks, benefits, and options of a hearing versus a stipulated agreement.
There is no perfect answer, just trade-offs.
Let’s go through a few terms that may be proposed.
You may be offered a probation period of five years. With negotiation, you may be able to bring this number down to four years. If you lose at the hearing, you may be stuck with five years.
You may be offered a prohibition of solo practice. Such a term might look like this:
SOLO PRACTICE PROHIBITION. Respondent is prohibited from engaging in the solo practice of medicine. Prohibited solo practice includes, but is not limited to, a practice where: 1) Respondent merely shares office space with another physician but is not affiliated for purposes of providing patient care, or 2) Respondent is the sole physician practitioner at that location.
If Respondent fails to establish a practice with another physician or secure employment in an appropriate practice setting within 60 calendar days of the effective date of this Decision, Respondent shall receive a notification from the Board or its designee to cease the practice of medicine within three (3) calendar days after being so notified. The Respondent shall not resume practice until an appropriate practice setting is established.
If you do practice by yourself, this term might be the kiss of professional death. It may not be feasible to join another practice.
With negotiation, you may be able to remove this solo practice prohibition. If you lose at the hearing, you may be stuck with having to find a “new partner” just to be able to practice.
No doctor comfortably stomachs a disciplinary action of probation. But choosing a negotiated settlement must be weighed against the alternative. Meaning, what could happen if you lose at a hearing.
By the way, in a number of states, for example, California, even if you win at a hearing (which is adjudicated by an Administrative Law Judge), the Medical Board is not obligated to accept the judge’s ruling. They may still impose the disciplinary action of their choice.
If they do, you can then appeal in court. But this takes time, costs money, and you may be stuck with a practice restriction until you are cleared, if you even are.
Ultimately, the decision to accept a stipulated agreement will depend upon what you are able to negotiate for, the stage of your career, and what practical restrictions are imposed, if any.
What do you think?
