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Navigating medical board investigations: work with an experienced attorney, P.1

For physicians practicing here in Minnesota, dealing with the Minnesota Board of Medical Practice is an essential part of the job. Some parts of complying with the medical board are routine, such as engaging in ongoing continuing medical education and registering for the practice of telemedicine. Other dealings with the board, such as dealing with disciplinary issues, are not so routine, at least for most physicians.

Overseeing disciplinary proceedings against physicians is one of the most important duties of the Minnesota Board of Medical Practice. Under state law, the board is given the authority to refuse to grant a license, to refuse to grant registration for the practice of telemedicine, and to impose disciplinary actions against any physician. 

State law identifies a variety of grounds upon which the board may choose to pursue disciplinary action against a physician. These grounds include things like:

  • Obtaining a license by fraudulent or dishonest means;
  • Conviction of a felony related to the practice of medicine or osteopathy during the previous five years;
  • Having a medical license in another state revoked, suspended, restricted, or limited; n
  • Violating any rule or order issued by the board, or state or federal law concerning the practice of medicine;
  • Unethical conduct;
  • Lack of ability to practice medicine with reasonable skill and safety;
  • Improper management of medical records;
  • Fee splitting;
  • Abusive or fraudulent billing practices;
  • Drug or alcohol addiction;
  • Improperly prescribing a drug or device or improper referral for services or tests;
  • Knowingly providing false or misleading information concerning the care of a patient; and
  • Failing to renew credentials.

In our next post, we’ll continue looking at the topic medical board discipline and how an experienced advocate can help a physician facing a board investigation.

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