Professional Documents
Culture Documents
other health care workers. Licensure, medical board rules, and anti-compete rules are a
few rules listed out for physicians. Also listed on DORA are policies and protocols for
disciplinary, licensing, administrative, and other miscellaneous policies. The medical
board is responsible and obligated to protect consumers of health care by ensuring that
all physicians in your state are properly licensed and comply with various laws and
regulations pertaining to the practice of medicine ("Medical Board," 2013, p. 1).
Criminal liability
Physicians are in a precarious position of power with the patients they treat and
come in physical contact with. Physicians are trusted to write prescriptions in a responsible
and legal manner. Physicians are also trusted to touch people in very private areas of their
bodies. Physicians with criminal intent are given privileges that that make some criminal
activity easier to participate in. When a physician commits a crime using their licensing
they are subject to the same legal process as any other criminal and in addition physicians
are also subject to review by the medical board. The medical board can suspend or
permanently remove a license from a physician. Depending on the severity of the crime a
physician can spend time in prison and not ever be able to practice medicine again. Also,
criminal charges and the punishment that the physician received is public information and
can be found by searching online. DORA has a running list of the past ten years of
physicians that have been suspended from practicing or who have lost their license.
Professional misconduct
Medical misconduct, as defined by Examiner.com, is behavior that deviates from duty by a
healthcare professional ("Misconduct," 2012, p. 1). Physicians make errors that sometimes cost
patients their lives, some body functions, and cause addictions to medications. These
Attorney General is involved because legal action is required against the practitioner.
Regulatory agencies
The Colorado State Board of Medical Examiners was created a part of the Medical
Practice Act for regulating and controlling the practice of healing arts, which include
establishing and enforcing the licensing standards for Medical Doctors (M.D.s), Doctors of
Osteopathy (D.O.s), Physician Assistants (P.A.s), and Anesthesiology Assistants (A.A.s)
("Colorado Medical Board," 2014, p. 1). Licensure is mandatory in Colorado to practice
medicine and treat patients. The boards mission is to protect the public and to ensure that
licensed practitioners are treating patients as outlined in the Medical Practice Act.
The American Medical Association (AMA) is a private regulator. The AMA focuses on
health outcomes, medical education, and advancement of the physician-patient
relationship. The AMA is a membership supported association that works with state medical
boards and legislators to offer resources, education, and advocacy to physicians. The AMA
works with the Colorado Medical Society to help make health care better for physicians and
patients. The AMA can also refuse or terminate your membership if criminal or professional
misconduct happens and membership is no longer appropriate for the physician.
are nurses and nurses assistants that are facing criminal charges across the nation.
case is dismissed but if probable cause is found or the accused waives his or her rights then the
case is put before a grand jury. After the grand jury makes their decision an indictment is issued
apprehension and arrest of the suspect or suspects will happen. The indictment is filed with
the trial court, arraignment occurs where the accused is informed of the charges brought
against them and a plea to the charges is given by the accused. A trial date is then set.
At trial, the evidence is given to the judge and or jury by the prosecution and the
defense tries to install reasonable doubt against the evidence. If the health care
professional is convicted after the trial then sentencing occurs. Sentencing can range from
probation to the death penalty depending on the severity of the crime. The conviction is
public knowledge and is discoverable when doing future background checks.
Conclusion
Health care professionals are always at risk of criminal charges being filed
against them. If they error in providing care to a patient they can lose their license and
face criminal or civil charges depending on the severity of the error. Great care must be
taken when providing patient care by the health care professional for the sake of their
livelihood and freedom. Unfortunately, we live in a society that sees dollar signs around
errors made and some will seek legal retribution against the health care professional.
PROFESSIONAL REGULATION AND CRIMINAL LIABILITY
References
About Us. (n.d.). Retrieved from http://www.npdb-hipdb.com/topNavigation/aboutUs.jsp
Colorado Medical Board. (2014). Retrieved from http://cdn.colorado.gov/cs/Satellite?
c=Page&childpagename=DORA-
Reg/DORALayout&cid=1251632226143&pagename=CBONWrapper
What is a State Medical Board? (2013). Retrieved
from http://www.fsmb.org/what_is_a_smb.html
What is medical misconduct? Is there anything we can do to help stop it? (2012).
Retrieved from http://www.examiner.com/article/what-is-medical-misconduct-isthere-anything-i-can-do-to-stop-it