An update on our effort to improve the policy for resolving unfounded Board of Medicine complaints
Virginia’s Board of Medicine exists in part to ensure healthcare providers are held accountable when they perform dangerous or impaired care that harms patients.
But many complaints that make it to the Board are unfounded. For physicians in Virginia, receiving notice of a Board complaint can be an overwhelming experience — especially when the complaint is baseless.
Complaints to the Board have risen in recent years, but many are unrelated to substandard care. Even so, these complaints often lead to costly, time-consuming in-person investigations that can cause stress, burnout, and even career disruption.
Examples:
An opioid-seeking patient who visited a Virginia emergency department complained to the Board that their prescription wasn’t filled. An in-person investigation followed, but a quick look in the PMP would have shown the patient already received a prescription, which is why they were refused.
Another emergency physician was reported for not "providing updates" to a family for five days, but the patient was hospitalized under the care of the inpatient team.
VACEP leaders are working with the Board and other stakeholders on reforms to reduce the number of unfounded complaints against physicians. This is a particularly major issue in emergency medicine, which sees hundreds of complaints annually.
VACEP president Jesse Spangler, MD, FACEP
The latest on Board of Medicine complaints in Virginia
As of mid-November 2025, the Board has received 2,700 complaints (up from 2,200 in all of 2024). Although the vast majority — 89% — are closed with no action, each one still consumes significant time, resources, and causes unnecessary stress. Once a complaint is filed, Virginia law requires that it be investigated, making early intervention and screening critical.
Currently, complaints are triaged into three categories:
1. Clearly warrants investigation (e.g., impairment, unethical behavior, serious harm), which proceeds to full investigation.
2. Outside BOM jurisdiction, in which case it is redirected or closed.
3. Potentially within BOM jurisdiction, and sent to a weekly panel for review.
Between the second and third categories, about one-quarter of cases are closed before formal investigation, but the remainder proceed and place significant strain on providers.
VACEP is considering several recommendations that do not require legislative action, meaning no new bill would be required in the General Assembly. Among our ideas:
Add additional steps to the online complaint process: We have proposed adding mandatory disclaimers and acknowledgment checkboxes to the complaint portal to help complainants understand the seriousness of their submission. There is precedent in the Virginia State Bar Association’s complaint and investigations process.
Introduce specialty-specific consultants for early review: The Board can already use consultants during investigations. We have suggested bringing in volunteer emergency physicians during the initial review stage to help determine if the complaint merits investigation. We already have emergency medicine physicians willing to help and expect that number to grow statewide.
Clarify what aspect of a complaint is being investigated: When a complaint contains multiple allegations, sometimes it’s hard for respondent to know which portion triggered the investigation. We recommend highlighting the specific allegation under review — a practice already in use by the State Bar — to avoid unnecessary confusion.
We will continue working with Board of Medicine leadership, lawmakers, and specialty societies like the Medical Society of Virginia to advocate for these reforms and reduce the burden of unsubstantiated complaints on physicians.
Get VACEP’s Board Complaint Handbook
VACEP has pulled together a Handbook to help physicians recognize the importance of taking every Board of Medicine complaint seriously, engaging legal counsel early, and avoiding direct communication with investigators outside of confirming basic contact information.
As we remind physicians: The Board exists for licensing and disciplining health professionals, and while many complaints are unsubstantiated, there are legitimate ones reflecting dangerous or impaired care.
Physicians facing an investigation are encouraged to consult the guide (and an attorney), contact VACEP for support, and join the broader effort to reform the complaint process in Virginia.
Have a Board complaint story to share, or want to get involved? Contact us.
