New VACEP Handbook Helps Physicians Navigate Board of Medicine Complaints
VACEP moving toward policy changes for resolving unfounded Board complaints
For physicians in Virginia, receiving notice of a Department of Health Professions’ Board of Medicine (BOM) complaint can be an overwhelming experience — especially when the complaint is unfounded.
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. The physician and provider community believe many of these stressful and time-consuming visits can be avoided with a preliminary review. In Florida, for example, there exists a preliminary clinical review process that swiftly closes baseless complaints.
VACEP is taking action. We are working closely with the Virginia General Assembly’s Joint Commission on Healthcare, the Medical Society of Virginia, and Department of Health Professions on policy changes to the Board of Medicine’s investigation process. In addition, we are working with the Virginia Hospital & Healthcare Association and the Board of Medicine to rephrase language surrounding no-fault investigations during licensing and credentialing. We will have more to share soon.
BACKGROUND
Over the last few years, there has been a dramatic uptick in patient complaints that then trigger Board of Medicine in-person investigations.
Examples:
An opioid-seeking patient who visited a Virginia emergency department complained to DHP that their prescription wasn’t filled. An in-person investigation followed, but a quick look in the PMP would have showed 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.
Next steps: VACEP and the Medical Society of Virginia have been able to show the Department of Health Professions how many cases do not meet the threshold for an in-person investigation and can be easily resolved by reviewing the response and records, and perhaps a phone call.
Get the 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.
