What warrants disciplinary action against a clinician?

On Behalf of | Oct 27, 2020 | Professional License Revocation

As a medical professional in Minnesota, you no doubt take your charge to deliver the best care possible to your patients very simply. Unfortunately (as you know yet many others may fail to understand), healthcare does not come with a satisfaction guarantee.

A patient unhappy with their care may seek civil action against you, yet your actions will often vindicate you when you show you followed proper treatment protocols and industry regulations. The real concern, however, comes from the potential of a claim against you leading to disciplinary action from the state licensing board.

Knowing the law regarding disciplinary action

Fortunately, the reasons the state makes those reasons it deems valid for potential disciplinary action against medical professionals accessible to all. You can review them in their entirety in Section 147.091 of Minnesota’s Health Code. Specifically regarding the delivery of care, these regulations state that only actions that do not follow the minimal standards of acceptable and prevailing practice warrant discipline. Beyond that, you might only face discipline if you attempt to deliver care at a time when physically unable to do so safely due to illness, age, or impairment.

The state’s other recognized grounds for disciplinary action focus primarily on ethical violations. Among these are:

  • Failure to meet the minimum requirements for licensing
  • False advertising of services
  • Obtaining a license through fraudulent measures
  • Aiding and abetting another unlicensed healthcare professional
  • Refusal of licensing in another jurisdiction
  • A felony conviction (within the previous five years) due to actions related to the delivery of care

The statute of limitations for discipline

The state (or an individual patient) does not have an indefinite amount of time to bring a complaint against you. Indeed, the law shows that any matter seeking disciplinary action must commence within seven years of the alleged conduct from which a cause of action arose.