What is the Range of Actions Which the Board Might Take?
The Board may decide:
- That the complaint is unfounded or frivolous, in which case no action is taken. Examples are when the complaint does not fall within the jurisdiction of the Boardor does not relate to the actions of the licensee.
- That no further action is necessary, meaning that the complaint is not unfounded or frivolous, and is a legitimate complaint, but that the Board deems that the actions of the physician were appropriate and require no further investigation or action or the Board affirmatively finds that there is no violation of its statutes, rules or the AMA Code of Ethics.
- That a confidential Letter of Concern be issued to the licensee. As described above, an LOC is non-disciplinary and confidential. The Board uses it when there is insufficient evidence to support disciplinary action but where the Board believes that a continuation of the activities which led to the information being submitted ot the Board may result in Board disciplinary action. A LOC is not reported to the Data Bank, requires no public hearing, and its issuance is not divulged to the patient or complainant. An LOC is a warning from the Board to the licensee that the physician or physician assistant needs to look carefully at his/her practice and modify or eliminate certain practices to avoid another similar problem or complaint.
- That because of the allegations of professional misconduct or of violations of the Board’s statutes, rules or the AMA Code of Ethics, a public disciplinary hearing or settlement is necessary.