The mission of the Maryland Physicians Review Board for the state of Maryland protects the welfare of health consumers. The Board monitors the licensing of many clinical practitioners. The Medical Protection Act gives authority to the Maryland Board of Physicians investigative, and discipline physicians with strong sanctions for serious offenses. The board provides to the public licensing information related to sanctions, and licensing.
Complaints
Complaint means a written allegation that a physician committed a prohibited act. Complaints listed in the Medical Protection Act (a) Malpractice, (b) Report from a hospital or institution alleging violations of the Health Occupations Article (c) Malpractice insurance report (d) Law enforcement report (e) Report from anther country, state, or jurisdiction or the armed services (f) Consumer Complaints (g) Telephone directory (h) Advertisement (i) News article (j) media tape and (k) other. Serious offense complaints are misuse of alcohol and/or drugs leading to impaired judgment on the job (Maryland Medical Practice Act, 2002). Sexual contact with patients is a serious offense with separate policy for complaint processes. Any clinician convicted of a criminal nature results in discipline. Clinicians may not prescribe narcotics without a “bona fide” indication of need. Kickbacks of money or other for referral of patients, is a serious offense to providing quality care. No physician may practice without a license, or aiding others. Clinicians’ providing substandard care is the last serious complaint that results in investigation.
Minor complaints generally take a few weeks informally to investigate, and resolve. A disciplinary result for minor complaints is a letter of advisory “which informs, educates, or admonishes a health care provider in regard to the practice of medicine under (What is the Maryland board of physicians? 2003). Serious offenses resulting in investigation can take up to 18 months to complete. Cases involving standards of quality care go through peer review.
Breach
The board must show evidence to justify the breach of the Maryland Medical Protection Act. Complaint determination follows several steps. First, dismissal of charges occur when the claim lacks evidence If the evidence supports the claim the board makes a determination to take informal action, by first issuing the advisory letter.
In the letter, the board could request the respondent to enter into a disposition agreement with the board. The board can issue a cease and desist order regarding the complaint. The board can deny licensure, reinstatement, and accept surrender.
For serious complaints, the board can vote to charge the physician with violation of the Medical Protection Act. The board forwards the information for prosecutorial action. The prosecutor may send the case back based on the evidence. If the board issues charges or a notice of intent to deny licensure the board will offer the opportunity for the alleged offender to request a Case Resolution Conference unless a lack of response or intent to deny.
The Case Resolution Conference is voluntary, informal, and confidential. If both parties are unable to reach, an agreement the case proceeds to a hearing. The alleged offender can request a conference to issue formal charges.
The Administrative Procedure Act governs hearings of the board (Maryland Medical Protection Act, 2002). Due process allows the accused to defend himself before an administrative law judge in a formal administrative hearing. The complainant is a witness in formal proceedings. Sensitive cases allow the witness identity to remain confidential. After the hearing confirms breach, disciplinary actions follow concluding the Case Resolution Conference.
Disciplinary Action
The board allows disciplinary penalty appropriate to the complaint. This includes “retraining, a course in ethics, psychiatric treatment community services, in addition to or in lieu of suspension or revocation” (Maryland Medical Protection Act, 2002). Board has authority to reprimand, suspend, deny or surrender license, dismiss the charges. Factors taken in consideration include financial benefits from the conduct, willfulness of improper conduct, extent of actual, or potential harm caused to the public, The Maryland Medical Protection Act lists the following penalties: First time offender’s penalties are between (a) $1000.00 and not more than $30,000.00. The second offense, the penalty is (b) less than $10,000.00 and up to $40,000.00, the third offense minimum is (c) $15,000.00 and maximum of $50,000.00 (2002).
Example
According to Barrett, Neil Solomon the former Maryland Secretary of Health surrendered his medical license (2005). The letter was an admission to his misconduct (Appendix 1). While working at a weight-loss center the physician had sexual relationships with eight female patients. This former physician did not do this to the staff, but rather the patients. The women sued for $160 million forcing the physician into bankruptcy. He paid a total of $45,000.00. Part of the surrender process is admission of misconduct. The Maryland Board of Physicians according to Barrett, The board warned if he denied any details, the board would release the details of the investigation (2005).
Conclusion
Board cannot order compensation to an individual harmed by a physician civil matter. Findings from the board are inadmissible in civil actions. The civil action may not include information related to the criminal case. The act of the suit requires examination. The information within the Case Resolution Conference is inadmissible unless the information comes from another source. A motion for reconsideration is at the discretion of the board. The board does not automatically give a right to reconsideration. A judicial review of the board’s decision is an option the physician can pursue. If the board denies reinstatement, the physician has the option for appealing the decision in a judicial review as well.
References
Maryland Medical Practice Act (2002) Code of Maryland Regulations, and Register: 10.32.02.02 of Maryland Retrieved on February 14, 2010 from Division of State Documents: http://www.dsd.state.md.us/comar/comarhtml/10/10.32.02.02.htm
What is the Maryland Board of Physicians? (2003) Board of Physicians, Maryland Department of Health And Human and Mental Hygiene Retrieved on February 14, 2010 from http://www.mbp.state.md.us/pages/whatis.html
Barrett, Stephen (2005). Former Maryland Secretary of Health Surrenders Medical License. Retrieved on February 14, 2010 from Casewatch.org http://www.casewatch.org/board/med/solomon.shtml
Appendix 1
NEIL SOLOMON, M.D. 901 Dulaney Valley Road
Dulaney Center 2
Towson, Maryland 21204
October 27, 1993
State of Maryland Board of Physician Quality Assurance
4201 Patterson Avenue
P.O. Box 2571
Baltimore, Maryland 21215-0095
Re: Surrender of Medical License of Neil Solomon, M.D.
License Number: D 12963
Case Number: 94-0104, 94-0105
Dear Mr. Gunther and Members of the Board:
Please be advised that I have decided to surrender my license to practice medicine in the State of Maryland, License Number D12963. I understand that I may not give medical advice or treatment to any individual, with or without compensation, cannot prescribe medications, or otherwise engage in the practice of medicine as it is defined in Md. Health Occ. Code Ann. §14-101 (1991 Replacement Volume). In other words, I understand that surrender of my license means that I am in the same position as an unlicensed individual.
I understand that this letter of surrender shall be considered a PUBLIC document immediately upon its acceptance by the Board of Physician Quality Assurance (the "Board”). I also understand that this surrender of my medical license is and shall be considered IRREVOCABLE.
My decision to surrender my license to practice medicine has been prompted by an investigation of my practice by the Board. The Board initiated this investigation after it received several complaints, and after it became aware of several civil actions filed against me by former patients, all of which alleged that I instigated improper sexual contact with patients during the physician/patient relationship.
I admit that for at least the past 20 years, I have used my position as a physician to instigate a wide range of sexual relations with at least eight women patients. This conduct included acts of sexual intercourse, as well as other explicit sex acts. These activities took place in my medical office during patient visits, as well as in other locations. I admit that I engaged in sexual misconduct with my patients during the physician/patient relationship. I admit that I engaged in this conduct with multiple patients over the same time period. I recognize that these patients developed a sense of trust, confidence, and dependence through the physician/patient relationship, and that I misused my influence as a physician and the trust my patients placed in me for my own sexual gratification.
I admit that it was improper to engage in any sexual relationship with any patient.
The Board's investigation resulted in charges under the Maryland Medical Practice Act (the "Act"). Specifically, the Board, on October 13, 1993, voted to charge me with the commission of certain prohibited acts under Md. Health Occ. Code Ann. ("H.O") §14-404, including the following:
Subject to the hearing provisions of §14-405 of this subtitle, the Board, on the affirmative vote of a majority of its full authorized membership, may reprimand and licensee, place a licensee on probation, or suspend or revoke a license if the licensee: l a guilty of immoral or unprofessional conduct in the practice of medicine; [H.O. §14-404(a) (3) I.
Furthermore, pursuant to State Gov't Code Ann. §10-226, the Board, on October 13, 1993, voted to consider SUMMARILY SUSPENDING my license to practice medicine in the State of Maryland.
On October 20, 1993, my attorney was personally served with an unexecuted copy of a proposed Order for Summary Suspension of my medical license, issued by the Board, which specified the charges in particularized detail. I affirm that I have received a copy of the unexecuted Order for Summary Suspension, and have otherwise been advised of the Board's actions through, communications between representatives of the Office of the Attorney General and my legal counsel.
I have decided to surrender my license to practice medicine in the State of Maryland and in all other states where I maintain a license in lieu of summary suspension and revocation of my license by the Board.
I understand that pursuant to its authority under Md. Health Occ. Code Ann. §14-403, the Board has the authority to set conditions on its agreement to accept the surrender of my medical license. In addition to the above, I understand that as a condition of the Board's acceptance of this Letter of Surrender, I agree to the following:
1. Within seven days of the acceptance of this Letter of Surrender by the Board, I will submit irrevocable letters of surrender of my medical license to any other states, jurisdictions, or countries where I have a medical license, or have any applications for licensure pending. In these irrevocable Letters of Surrender, I will fully advise the respective medical boards of the actions taken by the State of Maryland, and the basis of those actions. I agree to attach to those letters this Letter of Surrender. I agree to submit to the Board within thirty (30) days of the acceptance of this Letter of Surrender, proof it deems satisfactory that I have complied with this condition;
2. I will not under any circumstances apply for a medical license or a reinstatement of my medical license in the State of Maryland or in any other state, jurisdiction, or country;
3. In the event that I apply for reinstatement of my medical license in Maryland or in any other state, jurisdiction, or country, the Board, in its sole discretion, may publicly release any and all information regarding the findings of its investigation into my conduct as a physician and my medical practice that would otherwise be confidential under applicable laws, including, but not limited to the unexecuted Order for Summary Suspension;
4. In the event that I make any public statements denying my unprofessional sexual misconduct with my patients, the Board, in its sole discretion, may publicly release any and all information regarding the findings of its investigation into my conduct as a physician and my medical practice that would otherwise be confidential under applicable laws, including, but not limited to the unexecuted Order for Summary Suspension.
I understand and agree that the Board will advise the Federation of State Medical Boards and the National Practitioners Data Bank of this Letter of Surrender, and that1 surrendered by medical licensee in lieu of a summary suspension and a revocation of my medical licensure by the Board. I affirm that I am also currently licensed to practice medicine in the District of Columbia, and in the States of New York and Ohio. I acknowledge that on the date Board accepts this Letter of Surrender, the Board Mr. Gunther and Members of the Board will send copies of this document to the respective medical boards of those jurisdictions.I affirm that I have a current Maryland Controlled Dangerous Substances Registration Certificate M07437 issued by the Maryland Division of Drug Control; and that I have a current United States Drug Enforcement Administration ("DEA") Certificate for the State of Maryland, Certificate AS2376689, issued by the DEA.I acknowledge that, on the date the Board accepts this Letter of Surrender, I must present to the Board:
1. Maryland License D12963, including any renewal certificates and wallet-sized renewal cards;
2. Maryland Controlled Dangerous Substances Certificate Number M07437 including any prescription pads bearing my name and any prescription ordering forms in my possession or under my control; and
3. United States DEA registration Certificate AS2376689 I acknowledge that on the date that the Board accepts this Letter of Surrender, the Board will send a copy of this Letter of Surrender to both the State of Maryland Division of Drug Control and the United States DEA, attesting that I am surrendering my privilege to prescribe controlled dangerous substances in the State of Maryland. I further acknowledge that I will submit a signed, executed copy of DEA form 104, Voluntary Surrender of Controlled Substances Privileges, which will be forwarded to the United States DEA.
Finally, I wish to make clear that I have consulted with an attorney before signing this letter IRREVOCABLY SURRENDERING my license to practice medicine in the State of Maryland. I understand both the nature of the Board's actions and this Letter of Surrender fully. I make this decision knowingly and voluntarily.
Sincerely,
_______________________
Neil Solomon, M.D.
VERIFICATION
I HEREBY CERTIFY that on this day of, 1993. before me, a Notary Public of the State of and City/County aforesaid, personally appeared Neil Solomon, M.D., and declared and affirmed under the penalties of perjury that signing the aforegoing Irrevocable Letter of Surrender was his voluntary act and deed.
Notary Public
My Commission Expires: 8/1/94
On behalf of the Boar of Physician Quality Assurance, on this 27th day of October 1993, I accept Neil Solomon, M.D.'s PUBLIC IRREVOCABLE surrender of his license to practice medicine in the State of Maryland.
_______________________
Frank A. Gunther, Jr., Vice Chair
Board of Physician Quality Assurance
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