What Discipline Can a Healthcare Provider Face in the State of Georgia?

One of the most challenging things that a healthcare provider can experience is discipline for professional misconduct. It can turn healthcare providers’ worlds upside down when they are facing the prospect of losing a medical license, professional reputation, and speculation. Nevertheless, discipline is an important consequence of keeping the profession up to standards and deterring bad behavior. Georgia healthcare providers might face one of three types of discipline. Here is what to expect if you are informed that you may be disciplined. 

Common Reasons For Why Healthcare Providers Face Discipline 

While circumstances surrounding why healthcare providers face discipline vary, there are some common reasons that discipline might be on the table. Although this is not an exhaustive list, these are the allegations that often cause discipline of a healthcare provider.

Medical Errors: These are mistakes that were made during patient care, such as misdiagnosis, medication errors, surgical errors, or other treatment-related mistakes.

Ethical Violations: This includes engaging in unethical behavior, such as breaching patient confidentiality, engaging in fraudulent billing practices, or performing unnecessary procedures for financial gain.

Substandard Care: This is defined as providing care that falls below accepted medical standards, whether due to incompetence, negligence, or lack of skill.

Criminal Activity: When medical providers are involved in criminal activities, such as substance abuse or assault, there can be professional consequences as well.

Unprofessional Conduct: This is defined as behaviors that include inappropriate relationships with patients, harassment, discrimination, or unbecoming conduct both within and outside of the workplace.

Failure to Maintain Licensure Requirements: A failure to meet continuing education requirements, maintain appropriate licensure, or adhere to regulations governing medical practice can lead to disciplinary issues.

Patient Complaints: Complaints that are filed by patients or their families regarding the quality of care, communication, or behavior of a medical provider can land that provider in hot water.

Regulatory Violations: Violating laws or regulations governing healthcare–such as those related to prescribing controlled substances, documentation, or facility standards–can lead to discipline.

Failure to Follow Protocols: A medical professional must adhere to established protocols, guidelines, or policies within healthcare institutions. 

Healthcare Fraud: Medical professionals must not engage in fraudulent activities such as billing for services not rendered, upcoding, or receiving kickbacks.

Types of Discipline that Healthcare Providers Can Receive 

There are three types of discipline that Georgia healthcare providers face: probation, suspended license or certificate, and revocation. This is what each of them entails. 

Probation

Probation is the least severe of the three types of discipline. That said, it is not something to be taken lightly. It has serious consequences on its own, and a failure to correct action can lead to more serious consequences. When placed on probation, this means that the Medical Board has decided to impose discipline. During a specified period of time, a medical professional is monitored by the Board to ensure compliance with the terms and conditions set out in the Board’s order. Depending on why a person was placed on probation, those terms and conditions will vary. They could include things like needing to be supervised by another provider, not being able to do certain procedures, requiring the professional to receive further training, or ordering medical or psychiatric treatment. It is important that the medical professional fully understands those terms and conditions, as ignorance of what they entail does not justify noncompliance. During probation, the medical professional must fully comply. Once off probation, the medical professional should still act in compliance with requirements.

Suspended License or Certificate 

A suspended license is an intermediate form of discipline. It is harsher than probation, but it is not as severe as license revocation. While the license has not been totally suspended, that license could become suspended if the medical professional is not compliant with the terms and requirements of the Medical Board. When a medical professional has a suspended license, that individual is unable to practice medicine in Georgia until the Board gives permission. If a medical professional defies the order and practices medicine anyway, there can be serious consequences for that person. 

Revocation 

Revocation is the most severe of the penalties that health providers facing discipline can receive. It is the permanent withdrawal or cancellation of a physician’s authorization to practice medicine. The process for revoking a medical license varies by jurisdiction but generally involves an investigation, hearings, and a decision by the licensing board or agency.  Physicians usually are given the opportunity to defend themselves and present evidence before a final decision is made. Revocation might not be restricted to an inability to practice medicine. It could be accompanied by further penalties or restrictions, such as fines, probation, mandatory education, training, or being prohibited from participating in government healthcare programs like Medicare or Medicaid.

I Am Facing Discipline–What Now?

If you have received notification that you could be disciplined for your alleged conduct, it is important to understand that the process will be in the form of an investigation. The Georgia Composite Medical Board investigates complaints made against medical professionals, and it disciplines those who have violated the Medical Practice Act or other laws that govern medical professionals’ behavior. It is important to comply with everything the Board asks during their investigation, as not cooperating with them can cause further issues. However, it is important to go through this process with the guidance of an attorney who is experienced in medical license defense.

Contact an Experienced Medical License Defense Attorney 

If you find yourself facing discipline, the time to hire an experienced medical license defense attorney is as soon as possible. It is important to mount a strong defense immediately, gather all relevant information, and get advice about communications until the disciplinary decision is rendered. The difference between practicing and not practicing medicine may be your choice of attorney, so it is important to choose wisely and start working with one today.

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