It the fast-paced world of health care, it is easy to forget the simple things – like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to update her physician profile.
State medical boards have the responsibility and obligation to protect consumers of health care by ensuring that all licensed physicians comply with the laws and regulations related to the practice of medicine. These boards have a process for the public to submit formal complaints, and, once a complaint is made, the board conducts an investigation that includes contacting the physician for a response. But what happens when the physician does not respond?
In my practice of representing physicians before state boards, I have seen instances where the board has requested a response from a physician, and then was unable to locate her for months or a year or more. This is often due to the physician making a move and failing to update her address or physician profile. While this may seem like an innocuous oversight, it can result in significant consequences. In fact, many states have statutes and regulations in place mandating that physicians update their addresses with the relevant medical board within 30 days of relocating. Many physicians, however, do not realize the importance of updating their addresses.
A frivolous complaint made by a disgruntled patient can be easily disposed of with a conscientious response. However, if the physician fails to update her address, the board might not be able to contact her, resulting in a failure by the physician to respond in the requisite amount of time. Such a failure often leaves the board no choice but to take action against the physician, even where the complaint is obviously specious. The failure of the physician to update her status in and of itself could have a significant adverse effect, including public reprimand, monetary fines, impact on reputation, and loss of the ability to attract new patients, acquire affiliations or even obtain insurance coverage.
Another and more critical example is when a physician has an old address on file at the time of license renewal. If a physician does not get a renewal application and fails to renew her license, continuing to practice medicine is in fact practicing medicine without a license. Such an oversight is significant and could be career-ending.
With the prevalence of email communication, licensing boards are often able to notify a physician of a complaint or other issue through alternative methods. While the requirement for maintaining a current physical address is customary, the failure to update a change in electronic addresses is also problematic if an important email is not delivered and/or ignored. Being at the mercy of a state medical board for leniency after failing to respond in a timely manner to an inquiry due to a failure to update any address can be difficult.
A word to any wise professional – make sure the address on file with your state licensing board is up to date.
I will be attending the 2015 DRI Medical and Health Care Liability Seminar, March 12–13, 2015, in San Francisco, where Michael V. Favia, Esq. will present “Defense of Health Care Providers in Administrative Actions.” If you will be there, let me know.