Medical staffs can discipline for crimes even when law enforcement hasn’t pressed charges
Credentialing and Peer Review Legal Insider, September 1, 2009
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Florida recently suspended a practitioner’s license because he allegedly performed an illegal procedure. Although this may sound like a straightforward case, there’s a catch: The practitioner was never charged with a crime by law enforcement.
Nevertheless, Florida’s district court of appeal ruled that the Board of Medicine is allowed to take action in such a case because its role is to protect the public (Pendergraft v. Department of Health, Board of Medicine, opinion filed July 2, 2009).
The question on the minds of medical staff leaders is whether they can also take disciplinary action against a practitioner when a crime is suspected or under investigation, but not yet resolved.
This is an excerpt from a member only article. To read the article in its entirety, please login or subscribe to Credentialing and Peer Review Legal Insider.
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