Health Care’s Professional Regulation and Criminal Liability Essay Example

Health Care’s Professional Regulation and Criminal Liability Essay Research your state’s statutes for the regulation of health care professionals, including licensure, credentialing, certification, and registration requirements. In addition, research areas of potential criminal liability relating to these procedures, as well as professional misconduct. Then, prepare a 1,400-1,750 word paper that summarizes your findings with respect to one type of health care professional (e.g. physicians, nurses, pharmacists, nurse practitioners, etc.). Include the following components:a.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Identify the civil complaint process for patients/consumers to use in the event of suspected professional misconduct or incompetence.b.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Explore the role of the respective regulatory agencies in investigating such allegations and determining and applying appropriate disciplinary action, if any.c.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Identify any potential criminal liability that could result to the health care professional relative to abuse s perpetrated in practices involving these procedures, as well as professional misconduct.d.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ascertain the process that would be followed in the event that criminal charges were to be filled for the described criminal behavior.The one type of health care professional I select for this assignment is â€Å"Physicians.† I included a web link for the research portion.   Link to the Medical Board of Californiahttp://www.mbc.ca.gov/Index.htmThis web links covers complaint process, disciplinary actions and more.The Business and Professional Codes in the State of California are given under Section 800 to 809.9.   All Professional boards, including the Medical Board of California maintain a register of the names and addresses of all the practitioners.   All information of the licensees such as criminal records, insurance judgments and settlements, public complaints, disciplinary actions, etc, is noted.   The information of all the files are maintained c onfidential by the Board, but relevant information may be required for public records.   The Board shall protect the licensee from misuse of any of the personal information (which could result in threats to reputation, rights, benefits, etc).   From time to time, the Board may ask the licensee to submit additional information.The Laws of the Medical Board of California are one of the stringiest in the Country.   In the year 2003-04, the Board received about 5000 applications, out of which about 4000 were passed.   It can take anywhere between six to eight months for the applicant to obtain a license.   The Medical Board has to get some information of the potential licensee from the medical schools.   The long time period in giving licenses is mainly due to the huge number of applicants.   The applicants are examined in order of submission.   Once the duly filled in application form along with the documents and the fees are submitted, each of the applications are revi ewed.   The applicant should also submit fingerprint cards.   Once the initial review process is finished (usually it takes within 60 days), the applicant is informed, and has to submit a list of documents notified by the Board.   Usually for US and Canadian Graduates, the review process is quicker than candidates from other countries.   The FBI Fingerprint clearance is also required which may take some time.   In case of international applicants, it may take a longer time, as the applicant may not have the education and training requirements required by the California laws to practice in the state.   It may take a longer time to obtain documents from foreign schools and translated versions of certificates.   Once the documents are submitted and are in order, it may take about 3 months for them to be processed.   The senior authorities of the California Medical Board will review the applicant’s details and credentials.   In some cases unprecedented delays ma y occur during processing, and hence, no applicant is given an exact date when their application would be ready.Patients are encouraged to file a complaint with the Board, when they have been harmed by the physician, and to prevent harm to other people.   The procedure is usually similar for civil malpractice and criminal liability.   The Medical Board of California is ready to help people to file a complaint against the physician for medical malpractice and also ensures their confidentiality.   However, the physician may know about the complainant identity as he/she may have to provide the case records and the details of the case during the investigation period.   Some of the reasons for filing disciplinary actions against the physicians include:-Situations in which the physician seriously departs from the established standards of practice whilst providing medical care (gross negligence).   Some of these include avoidance of diagnostic tests, not using accepted method of diagnosing and relating the patients or not identifying and treating the symptoms of the patients, and not seeking reference with a specialist.Repeatedly performing certain acts that may not be considered serious departure forms the accepted standards of practice, but can be referred to as ‘simple negligence.Incompetence on the part of the physician can be considered when the physician lacks knowledge, experience and skill in performing a particular medical procedure, or uses an obsolete procedure.Sexual violationsSubstance abuseCriminal activityUnlawful use of drugs in the prescriptionFiling of false insurance claimsPermitting an unlicensed person to deliver patient careFor several medical malpractices and misconducts, the physician could be held for criminal liability.   Any serious injury, physical or mental retardation, death, etc arising during the medical treatment in the care of the physician could be considered under criminal liability.   However, the standard of p roof required for proving criminal negligence is very high compared to civil liability.   The physician is usually liable when the standard of care provided is deficient to the standard or reasonable level.   In the US about 44, 000 deaths occur annually as a result of medical negligence.   Some of the other cases of criminal liability occur when the physician is not able to diagnose a potential disorder or gives a faulty diagnosis, delays giving a test interpretation or gives a test interpretation that is faulty, discrepancies during administration of drugs, fails to provide certain information to the patients before or during the performance of any medical procedure, uses substandard equipment or drugs, sexually abuses the patient, etc.The Medical Board of California respects a complaint from the people when it suspects that the laws have been dishonored.   The Attorney General charges the violators and also punishes the violators on behalf of the public.   The Board is represented at the hearings against the physicians by the Deputy Attorney General.   The Board has a Division for maintaining Medical Quality.   This Board review, accepts, rejects or alters the decisions set by the judges at the public hearing, or sets new decisions that are an alternative to the decision set by the judges at the public hearing, or takes disciplinary actions as an agreement as an alternative procedure to public hearings.   The Board can suspend or cancel the license issued to a physician incase the charges are proved against the physician.   They can also place the physician on probation for a certain period, impose fines or penalties or limit the practice.   The appropriate law enforcement agency is informed when criminal charges have been proved against the physician to enforce criminal punishment (such as fines and imprisonment).   Sometimes, the Board can conduct an examination to determine the competency level of the physician.   Physicians who a buse alcohol or drugs whilst delivering patient care may have to undergo a rehabilitation program under the supervision of the Board.   The Board also provides information to the patients about the current licensure details of the physician, the disciplinary action taken against a physician, disciplinary charges pending, and history of medical malpractice and criminal record.   Some of the information of the physician which is known to the public includes:-1.  Ã‚  Ã‚  Ã‚  Ã‚   Disciplinary actions taken by the Board against the physician in the past2.  Ã‚  Ã‚  Ã‚  Ã‚   Disciplinary actions taken by the Board of another state or agency against the physician in the past3.  Ã‚  Ã‚  Ã‚  Ã‚   Felony convictions against the physician by the Board after the year 1991.4.  Ã‚  Ã‚  Ã‚  Ã‚   Misdemeanor convictions against the physician by the Board after the year 2006.5.  Ã‚  Ã‚  Ã‚  Ã‚   Minor violations of law by the physician6.  Ã‚  Ã‚  Ã‚  Ã‚   Whether a hospital has taken certain disciplinary actions against the physician that has resulted in termination of the services provided by the physician7.  Ã‚  Ã‚  Ã‚  Ã‚   Malpractice judgments and arbitrations where the awards were above US $ 30, 000.Once the Board receives a complaint from the public, a thorough investigation is held in order to gather evidence against the erring physician.   Usually complaints against the physician should be filed with seven years of the occurrence of the event.   However, there are several exceptions to this limitation period such as cases involving sexual abuse, criminal liability and abuse of a minor.   Once the complaint is received at the office, it is thoroughly reviewed by the supervisor and handled out to an investigator.   Serious complaints (such as death of the patient, physical injury, criminal misconduct, etc) are given priority and are handled promptly.   The Board will intimate the appropriate law enforcement agency in case the patient has to b e protected.   The Board will notify the person about the status of the complaint during all stages.   The Board will thoroughly investigate the case.   The physician, witnesses, complainant, etc, may be interviewed for their versions of the incident.   An expert committee may be set up to provide expert advice of the case.The medical records of the patient and the details of the physician submitted during the application process are also reviewed and may be taken as evidence.   The Board drafts investigations documents and serves them to the required body.   It also performs undercover search operations and provides search warrants.   After the physician is interviewed, the expert committee assesses the situations and suggests the standard of proof existing.   Once evidence is obtained by the Medical Board that a medical malpractice has occurred, it is immediately submitted before the Office of the Attorney General and the Health Quality Enforcement Section.   The AG’s Office will study the case if sufficient evidence exist, and if it does, charges are framed.   If strong and clear evidence exists against the physician, civil litigation charges are filed.   If a criminal element is involved, the standard of proof needs to be higher.   Such cases are further handed over to the Court for review before the Administrative Law Judge for public hearing.   If sufficient evidence is not obtained, the case may have to be closed.   If the violation that has occurred is insufficient to file a review before the administrative law judge, the case may also have to be closed.If the physician has committed a grossly negligent act that has caused the death of the patient, he/she could be held criminally liable.   The information is first presented to the Coroner.   An initial report is filed with the Medical Board and includes all information such as name of the physician, date of death, place of death, etc.   Within 90 days the Corone r’s report should be followed with the autopsy report.   The cause of death is usually established through expert evidences.   Expert testimonials are also utilized in civil cases.   Most cases of criminal negligence may be punished with criminal imprisonment and fines.   The fines usually cannot be paid from Insurance companies.   The physician may have to pay for the fine through his/her own means.   In criminal cases in California, peer review material was not protected from discovery.   This may be different from other state criminal laws, as in criminal proceedings, peer review material are secluded from discovery.   Section 805.2 of the Business and Professional Code provides for the peer review process of during malpractice cases.   The Peer review group will conduct a fair, objective and free study, separate from the Board, or the Physician.