The Healthcare Defender

West Virginia Board of Medicine (the “Board”) complaints arise out of allegations of professional incompetence, impropriety within the provider-patient relationship, fraudulent activity, unprofessional conduct, or unfavorable and avoidable outcomes during treatment.  The West Virginia regulations authorize the Board to administer public discipline against a physician’s license upon satisfactory proof that the physician violated one of the applicable regulations.  The Board has several options at its disposal if it determines a violation has occurred:

• Public reprimand. An adverse order against a license typically contains a public reprimand, which is a public statement admonishing a licensee’s conduct.  The public reprimand is publicly available through the Board’s website.
• Continuing Medical Education. The Board often requires a licensee to complete a specified Continuing Medical Education (“CME”) course.  The Order will specify that the physician may not utilize any hours he earns pursuant to his or her participation in the course to satisfy the biennial CME obligations pursuant to West Virginia Code of State Rules 11-6-3.1.
• Administrative Fines and Monetary Penalties. The Board exercises its power to fine its licensees upon satisfactory proof of a violation.  In 2021-2022, the Board collected over $40,000 in administrative fines.  The Board transfers the funds to the State’s general revenue fund.
• Probation. The Board is authorized to place a licensee on probation, during which certain conditions are placed upon the licensee.  For example, the Board may require a physician to work under a supervising physician for a certain period.  The Board may require a nurse or PA to be present in the exam room following allegations that a physician crossed a patient-provider boundary.   Typically, the Board tailors the probationary conditions to the underlying facts of the case.  
• Suspension. The Board may suspend a license for a specified period or until certain conditions are met.  Most jurisdictions require a physician to report any license suspensions, which often leads to reciprocal suspension(s) in all jurisdictions where the physician practices.  Consequently, our clients’ ability to continue their practice in other jurisdictions is often dependent upon avoiding a suspension in West Virginia.      
• Revocation. The harshest penalty available is revocation of the license.  The Board reserves this public discipline for the most serious offenses. 

The West Virginia Board of Medicine is active.  Of the thousands of complaints filed in the ten (10) years preceding this article, the Board has administered public discipline on 463 occasions.     

Ultimately, the Board has wide discretion in its administration of public discipline – the regulations do not contain guidelines with respect to which levels of discipline are appropriate under the given circumstances.  However, because we have extensive experience before the Board, we frequently advise physicians on the appropriateness of a proposed disciplinary action. 

If you need help walking through the threat of public discipline, please do not hesitate to contact us.