Medical License Defense Lawyer
Home / PracticeMaryland has strictly regulated the practice of medicine since its inception. This legislation applies to a wide spectrum of “allied health practitioners,” not simply traditional physicians. If you are required to be licensed in Maryland, you must follow all applicable state laws and regulations, or your ability to practice may be jeopardized. If your license is in threat, you should contact a Maryland medical license defense attorney as soon as possible.
At Natasha Wesker Law, our medical license defense attorneys are dedicated to helping with all types of medical professionals dealing with the Maryland Board of Physicians. We can guide you through the legal process of appealing the Board’s decision, whether you have been denied an initial license or are facing disciplinary action that could result in the suspension or revocation of an existing license. Our goal is to guarantee that the Board and other state authorities uphold your due process rights and do not unfairly deny you the opportunity to earn a living and serve your patients.
What type of medical professions does the Maryland Board of Physicians Oversee?
Before practicing medicine in Maryland, all doctors must be licensed. If you have an active, unrestricted license from another state, you may be eligible for an expedited “initial licensure through reciprocity,” which Maryland implemented in 2017. If not, you’ll have to go through a more official licensing process. An eligible candidate can usually receive a license “within 10 days after receipt of the last qualifying document,” according to the Maryland Board of Physicians.
New applicants must be fingerprinted and submit to a criminal history records check in addition to satisfying the minimum educational requirements–an M.D. or D.O. from a recognized medical school–and passing a license exam. Even if all of these conditions are met, the Board has the right to deny a license if the applicant has already engaged in unethical behavior or lacks “good moral character.” For instance, if a license applicant engaged in malpractice or misbehavior with a patient during his or her medical residency, the license would be denied.
The Board has jurisdiction over the following groups of allied health professionals in addition to traditional physicians:
Athletic Trainers
A person who does clinical evaluations, assessments, and emergency care for athletes, as well as providing education and assistance to help athletes avoid injury in general.
Naturopathic Doctors
Individuals who give “therapeutic care,” such as “hot or cold hydrotherapy,” as well as “administer natural medicines through transdermal delivery” and “phlebotomy, electrocardiograms, and physiological function testing.”
Nuclear Medicine Technologists
Persons who assist physicians in the preparation and administration of radioactive medicines used in medical imaging examinations and therapy.
Perfusionists
People who run a bypass machine as part of a cardiothoracic (heart and lung) surgery team.
Physician Assistants
Physician Assistants are general medicine specialists who may diagnose, treat, and prescribe medication to patients under the supervision of a certified physician.
Polysomnographers
Individuals who assist licensed physicians in the diagnosis and treatment of sleep-related problems under the supervision of a licensed physician.
Radiation Therapists
An individual who provides radiation treatments to people who have cancer or other disorders.
Radiographers
These are individuals who run a wide range of diagnostic equipment used to produce not only X-rays, but also computed technology (CT) and magnetic resonance imaging (MRI) scans.
Radiologist Assistants
People who help a licensed radiologist assess patients and perform radiological procedures.
Respiratory Care Practitioners
Individuals who assist patients with lung disease in an intensive care unit (ICU), operating room, or home health care setting.
Each of these allied health professions has its own set of educational, licensing, and ethical requirements. It is a good idea to contact a medical license defense lawyer if you have any questions regarding the laws and regulations that apply to your particular industry. At Natasha Wesker Law we can help you determine whether you’re in trouble with the Maryland Board of Physicians over a licensure issue and what steps you should take.
When does the Board of Physicians have the authority to open a formal investigation into my license or application?
All licensees are closely monitored by the Maryland Board of Physicians to ensure that they remain in accordance with state law. A complaint against a licensed physician can be filed with the Board by anybody, including a patient. The Board is in charge of investigating complaints and, if required, disciplining the physician or allied health professional.
It’s crucial to note that the majority of complaints do not result in the Board taking any official action. Patients frequently complain to the Board about small concerns with their care, such as waiting too long to see a doctor or being “overcharged” for a test, and so on. In these cases, the Board may merely request copies of the patient’s medical documents to assist in resolving the patient’s concerns.
Circumstances That Will Require The Assistance of a Medical License Defense Lawyer in Maryland
Unfortunately, there are more severe claims that require the Board to conduct a thorough inquiry. The following are some of the most common difficulties we encounter:
- Practicing without a license or hiring someone who isn’t licensed in a professional capacity;
- Failure to meet the criteria for continuing medical education (CME) as a condition of license renewal;
- While practicing medicine, engaging in “unprofessional conduct”; displaying physical or mental incapacity;
- Failure to maintain adequate medical records, fabricating a medical record on purpose, or failing to disclose legitimately requested medical records to another physician or health care provider;
- Malpractice, defined as giving “substandard care” in breach of professional norms as judged by “proper peer review”;
- Having inappropriate sexual or other interaction with a patient;
- Personal use of alcohol or narcotics, or the non-medical prescription of any restricted substance;
- Accepting payment for patient referrals or charging for medical services that were never given;
- Conviction of any felony, regardless of whether it directly affects the licensee’s professional practice.
The Board engages its own investigators to look into any severe allegations of misbehavior. If the Board believes it has a “reasonable basis” to believe that a physician or allied health professional has broken the appropriate license requirements, a formal charge is filed. After that, the accused is entitled to an administrative hearing.
An administrative hearing is analogous to a civil trial in Circuit Court, except that the proceedings are overseen by a state-employed administrative law judge (ALJ). The key distinction is that the ALJ’s decision is subject to the Board’s final review and approval. In other words, even if the ALJ finds no wrongdoing on your part, the Board can, in theory, overturn the ALJ’s decision and suspend your license. However, you may petition a Maryland circuit court, as well as the Court of Appeals or the Court of Special Appeals, for judicial review of the Board’s adverse final judgment.
Even if the Board of Physicians finds that a doctor or allied health professional has committed a major infringement, his or her license will not necessarily be canceled or suspended. The Board has considerable authority in determining a remedy, which may include a private letter of reprimand in the licensee’s file or the imposition of probationary terms and restrictions on the practitioner’s license. Only 49 complaints settled during the 2017 fiscal year resulted in a “complete loss of license,” according to the Board’s most recent annual report, while only around 250 cases required any formal disciplinary action.
While losing a physician’s or allied health professional’s license in a disciplinary procedure is extremely rare, it is still a possibility. Even a minor penalty can have a long-term impact on a person’s reputation and employment. As a result, any allegation of professional misconduct must be taken seriously.
Common Scenarios That Lead to Medical License Suspensions
While doctors and other licensed medical professionals may face disciplinary action for a variety of reasons, suspensions (and revocations) are exceedingly uncommon. However, they do happen, and certain types of allegations put you at a larger danger of losing your license. These are some examples of allegations:
Drug Diversions
It is exceedingly dangerous to divert prescription drugs for patients, friends, family members, or personal usage. If you’re caught with stolen pharmaceuticals, a stolen prescription pad, or written prescriptions for medications that aren’t medically essential, your medical license might be suspended or revoked.
Facing a Criminal Charge or Conviction
If you are charged with a felony or are convicted of one, your medical license may be suspended or revoked. Varied medical boards have different regulations and criteria, but charges for misdemeanor and felony offenses have the potential to jeopardize your eligibility to practice medicine.
Physician Impairment
Driving under the influence (DUI) is classified as a traffic offense rather than a criminal in several jurisdictions. Getting a DUI (or even being charged with drunk driving) can, however, jeopardize your medical license.
Testing Positive for Alcohol or Drugs
In the workplace, testing positive for alcohol or drugs might result in serious disciplinary action. In rare situations, it can even result in the automatic suspension of your medical license. Medical licensure boards view treating patients while under the influence of alcohol, illicit substances, or judgment-impairing prescriptions as particularly risky.
What’s the Difference Between Suspension and Revocation?
It’s important to understand the distinction between suspension and revocation when contemplating prospective disciplinary action in medical licensing board hearings. In short, a suspension affects your ability to practice medicine temporarily, whereas a revocation affects your ability to practice medicine permanently.
In practice, however, even a temporary license suspension might have long-term consequences for your medical career. When comparing you to other candidates, prospective employers will evaluate your suspension, and certain facilities and providers may not even consider your application if you have a prior license suspension on your record.
What if I’m aware that I’ve broken my professional obligations?
Some of our customers are aware that they have broken their professional commitments when they come to us. They are remorseful and willing to bear the repercussions of their error. You are not alone if you find yourself in this scenario.
This does not, however, imply that you should simply let the disciplinary procedure play out. Depending on the gravity of the misconduct and the exact circumstances involved, several types of professional misconduct can result in a variety of consequences. Furthermore, many doctors and other medical professionals will have procedural defenses that are unconnected to the case’s substantive merits. As a result, regardless of the circumstances, you owe it to yourself to get legal advice from an expert physician license defense attorney about your choices.
Ready to Speak with a Medical License Defense Lawyer in Maryland?
If the Maryland Board of Physicians has filed a complaint against you or has denied your first application for a license, the first thing you should do is contact an experienced Maryland medical license lawyer. You may trust Natasha Wesker Law to offer you first-rate counsel in your licensure case, just as your patients expect you to provide specialized treatment in your field of expertise. Remember that you have the right to legal representation throughout any administrative hearing that impacts your rights, just like in any other legal action.
Regardless of the charges leveled against you, Natasha Wesker Law will fight to ensure that the Maryland Board of Physicians handles you properly and according to the law. A complaint does not indicate your career is over. To schedule a discreet initial consultation, call 410-431-2290 or send us an email. An experienced Maryland license defense attorney will meet with you to examine your specific licensing issue and assist you in determining the best course of action.