Court

BOARD DEFENSE & LICENSING ISSUES

 
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RESPOND TO BOARD INQUIRES TIMELY

If you receive a written inquiry from the California Medical or Dental Board,, ("Board"), ensure that you promptly and timely respond. Engaging counsel and your malpractice carrier early is very important.

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REMEMBER HIPAA

The Boards are sanctioned to review records and perform site visits. Generally, the Board will send an investigator to perform a site visit or inspection without prior notice. During these visits, many times, the investigator will ask for patient records without providing you with a signed HIPAA release. Do not fall victim to this trap! Never release patient records without receipt of a signed HIPAA release or a subpoena/court order. If you disclose records without a release, even if you pass your site inspection, you will likely face an action for unprofessional conduct due to the HIPAA violation.

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DO NOT BE AFRAID TO WITHDRAW FROM PATIENT CARE

If a patient is causing problems, do not be afraid to withdraw from care. Many times, the problematic patient is the one who will instigate a Board action or malpractice complaint. Ensure that you are not mid-treatment before terminating the relationship. Do not document the relationship termination in the clinical notes, but do document it in another section of the patient's chart. The patient must receive a formal written dismissal that contains specific disclosures. Failure to follow the protocol is unprofessional conduct and can result in Board action.