OREGON MEDICAL BOARD PROCESSES AND UPDATES. Kathleen Haley, Executive Director Oregon Medical Board

Transcription

1 OREGON MEDICAL BOARD PROCESSES AND UPDATES Kathleen Haley, Executive Director Oregon Medical Board

2 Mission Statement The mission of the OREGON MEDICAL BOARD is to protect the health, safety and wellbeing of Oregon citizens by regulating the practice of medicine in a manner that promotes access to quality care.

3 Committees Acupuncture Advisory Committee Administrative Affairs Committee Editorial Committee Emergency Medical Services Advisory Committee Investigative Committee Legislative Advisory Committee Physician Assistant Committee

4 Presentation Objectives General requirements for licensure 2013 Legislative session Investigative process Disciplinary outcomes

5 Licensee Make Up Information current as of September 5, 2013 Physician Assistants 1,375 Acupuncturists 1,315 MD s /DO s 16,546 Podiatrists Total Licensees 19,437

6 The licensing process is the first step in promoting quality care through licensee competence.

7 Licensing Process Complete online application Submit supplemental information Submit criminal background check Pay fees

8 Online Applications Initial, renewal & reactivation Status reports Identifies outstanding items acknowledgement of submitted documents

9 Online Physician Assistant Services Initial practice agreement submission Termination of the supervisory relationship Practice agreement modifications

10 Application Omissions OAR (6) Omissions or false, misleading or deceptive statements or information on an application includes failure to disclose: Number of licensing exam failures (USMLE) Arrest records including expunged records Remediation or probation issues during medical school, residency or prior employment

11 Grand Renewal Online at Verify current physician assistant practice agreements Update contact information address Mailing address Workforce survey

12 Updating Practice Descriptions & Agreements

13 Fines $195 and subject to further discipline Failure to disclose information on an application Failure to complete CME requirements Failure to provide medical records

14 Terminology Licensing Legal authority bestowed by a specific governmentapproved authority (OMB) to practice medicine within a certain locality (OR). Credentialing Establishing qualifications by objective evaluation of a subject s current licensure, training or experience and competence (licensing board, HMO s, CCO s, IPA, Health systems) for practice. Privileging Grants medical or allied health staff the ability to provide particular services or procedures.

15 Legislative Updates: Credentialing Oregon Health Authority Contracts for database All health professionals January 1, 2016, operative date

16 Legislative Updates HB 2037A Military spouses Expedited licensure HB 2611A Cultural competency Competency related CME January 2017 operative date

17 Investigative Goals and Process Patient safety Remediation when possible Medical legal review of allegations: Incompetence Unprofessional conduct Impairment

18 Categories of Investigations Information current as of September 5, 2013

19 Anatomy of a Complaint No Jurisdiction No Violation Waiver of Hearing Settlement Discussions Written Complaint Preliminary Review Open Investigation Investigative Committee Full Board Meeting Complaint & Notice Final Board Order Health Professionals Services Program Order Evaluation Emergency Suspension Contested Case Hearing Proposed Findings Appeal Process Through Courts

20 Initial Investigation Material gathered from Licensee Hospitals Pharmacies Any person(s) or entity identified as having relevant information Material reviewed by Investigator Chief Investigator Board s Medical Director Executive Director Assistant Attorney General Board s Investigative Committee for review and direction

21 Consultants Review charts Assist Board Participate in interview

22 Further Investigation If the Investigative Committee finds no possible violation of the Medical Practices Act, Case forwarded to the Full Board for review and case closure decision. If the Investigative Committee finds possible violation of the Medical Practice Act May request a more detailed evaluation of a Licensee or Licensee s practice. Referred to full Board.

23 Emergency Suspension Issued if the Board deems the licensee an immediate danger to the safety and welfare of his or her patients. Notification to Licensee s practice and hospital. A copy of the Order is mailed to the medical staff administrator. notification is sent via a list serve. Interested parties subscribe to to receive public order information.

24 Complaint and Notice Public charging document that outlines the basis for disciplinary action Not reportable to the databank Copy provided to Licensee Licensee has the right to request a contested case hearing If the licensee does not request a hearing or settle, the Board proceeds with a default hearing

25 After a Complaint and Notice H e a r i n g S e t t l e m e n t Licensee chooses to take the case to a Contested Case Hearing Held before an Administrative Law Judge (ALJ) ALJ proposes Order to the Board The Board reviews proposed Order and makes a final decision Alternative to Contested Case Hearing Licensee may enter into a discussion with the Board An effort to find a solution acceptable to both Licensee and the Board.

26 OMB Actions Dismiss the case Accept surrender of license Reprimand Suspension Revocation Probation Chaperone requirements Remedial program Monitoring Practice limitation Assess fines Corrective Action Agreement Consent Agreement Letter of Concern* *Not a public document

27 Investigation Outcomes Information for January 1 to September 5, 2013

28 To Avoid Complaints Licensees Should Learn and practice strong communication skills Patients Colleagues Staff Stay current Medicine changes New standards Abide by Community standards Maintain Professional boundaries Know them Respect them! Don t become isolated Isolation = Vulnerability You re human! Get help when needed

29 Education is Key to learn the safe practice of medicine at the beginning of one s career and to continuing practice safely throughout one s professional life! Renewing licensees must demonstrate ongoing competency to practice medicine by completing 60 hours of CME every twoyears or participate in ongoingre-certification.

30 Keeping the Profession Strong The OMB must knowif a licensee is, or may be in violation of Board rules, state law or professional and ethical standards: Medically incompetent Guilty of unprofessional, sexual misconduct, or dishonorable conduct Impaired and thus unable to safely practice medicine, podiatry or acupuncture, or serve as a physician assistant

31 Civil Liability Protection All health care licensees are mandatory reporters i.e.: child and elder abuse Persons who make good faith reports to the OMB regarding licensee actions are protected from civil liability! (ORS [11])

32 Health Professionals Services Program Confidential monitoring program for Medical, Dental, Pharmacy and Nursing licensees with a substance abuse disorder, mental health disorder or both Separate from Licensing Boards Boardreferral: monitoring through a Board agreement Self-referral: confidential enrollment if licensee remains in compliance

33 Call for more information General Information or License Verification Health Professionals Services Program Reliant Behavioral Health

34 Oregon Medical Board Over 124 years of ensuring patient safety