What Happens During an Investigation?
All complaints are first reviewed by the Board to determine if the charges, as stated, are violations of the law that the Board can investigate.
After screening, most complaints are referred to the Medical Review Subcommittee (MRSC). This committee is chaired by a member of the Board and consists of physicians and a layperson appointed by the Governor and Council to investigate patient complaints and other information concerning possible physician misconduct.
The MRSC typically obtains the medical records of the complaining patient and usually requests the physician's response to the complaint. The MRSC then evaluates the statements and the records, along with any additional information which has been gathered to determine whether there is evidence of misconduct. If there is, the MRSC will prepare a report for the Board which recommends a more formal investigation, approval of a settlement agreement, or the beginning of a disciplinary hearing.
During this process, the complainant may not communicate with any member of the Board, but may make inquiries and provide additional information to the MRSC or an investigator assisting the MRSC.