By Ashley Maxwell, Supervising Staff Attorney, Department of Health
What should you do in the unlikely event you receive a letter that the Board of Osteopathic Medicine and Surgery is investigating a complaint regarding your conduct?
Being investigated can be stressful but being aware of your obligations and rights under Washington law can help. Most complaints do not result in action being taken against a physician’s license.
If you receive an investigation letter, please be aware that as a licensee, you have an obligation to cooperate with the investigation. Failure to cooperate can be considered unprofessional conduct and may result in disciplinary action under 18.130.180(8). You will be asked to provide a written explanation of circumstances surrounding the complaint as well as the relevant records. The failure to provide records may result in a fine under 18.130.230. We request you respond in a timely manner to letters regarding an investigation. Extensions of time to respond and produce documents may be granted if necessary.
If you receive a letter regarding an investigation, it will also describe your rights. Licensees are entitled to receive notice of the nature of the complaint against them. Licensees also have the right to counsel at their own expense and are advised that statements made may be used in an administrative proceeding. See 18.130.095(2)
Members of the board review the investigation materials after it is completed. A panel of three or more members of the board decides on how to proceed with the case.
In 2020, the board received about 200 complaints regarding osteopathic physicians and physician assistants. Of those complaints, approximately 120 were closed without an investigation and 54 were closed after an investigation was reviewed by a panel of the board. The most common reasons that the board decided to close a case with taking action were either:
Only eight cases were referred for informal or formal discipline action in 2020. Several investigations and case reviews also remain ongoing.
When carrying out its investigation process the board always seeks to fulfill its mandate to protect the public’s health and safety, and to promote the welfare of the state by regulating the competency and quality of professional health care providers under its jurisdiction.
Cooperation from our licensees during investigations is vital to protecting the health and safety of the residents of Washington.