Complaints, investigations, disciplinary hearings, and sanctions
Complaint and hearing questions test the path from patient concern to final discipline, and the difference between investigation and adjudication.
Core rules
- The Board receives complaints, screens jurisdiction, and may investigate using subpoenas and patient records authorized by law.
- Informal resolution may include a nondisciplinary disposition, but contested discipline requires MAPA notice and hearing.
- Due process includes notice of charges, access to evidence, counsel, presentation of witnesses, cross-examination, and a written decision.
- Sanctions must be authorized: reprimand, probation with conditions, suspension, revocation, fines, continuing education, costs, and practice restrictions. Summary suspension is reserved for statutory emergency.
- Criminal charges are separate; an acquittal does not bar Board discipline under a lower standard.
Worked example
A patient alleges an inappropriate boundary violation. The Board opens an investigation and learns the police declined charges. The Board may still proceed because its burden and purpose differ; it must give notice and a hearing before imposing discipline. An interim restriction requires the emergency standard.
Traps
- Assuming no criminal charges ends the Board case.
- Contacting the complainant directly in a way that harasses or compromises the investigation.
- Failing to report an adverse action as required.
- Ignoring a Board subpoena.