Weak medical board is Rx for bad doctors

Published: Wednesday, Sep. 8, 2010 - 12:00 am | Page 12A
Last Modified: Wednesday, Sep. 8, 2010 - 8:30 am

Read more: http://www.sacbee.com/2010/09/08/3011758/editorial-weak-medical-board-is.html#ixzz11zjI4KoH

Physicians take a solemn oath to first do no harm. But in California, shortcomings in the board that polices doctors threaten to undermine that promise.

The worst of the worst among the state's 100,000 doctors almost always get weeded out. Too many others who should not be treating patients, however, are keeping their medical licenses because the Medical Board of California slaps them on the wrist with reprimands or puts them on probation. And a few continue to practice even though they have been investigated three times or more by the board, as Carrie Peyton Dahlberg found in her report in Sunday's Bee.

Aggrieved patients or their families can always sue for malpractice. But that's after the fact and doesn't necessarily stop bad doctors from hurting others. That's the board's job – and it needs to do it better.

Some patients say the board's investigations take too long and lead to too few consequences. (The state Department of Consumer Affairs, which oversees the board, said Tuesday the number of complaints it has received about the board has declined from 62 in 2008 to 28 last year to 17 so far this year.)

A consultant hired by the state agreed in 2008 that the board too often has unacceptable delays in responding to complaints and fails to report public information. Public Citizen, a consumer advocacy group, also says California is a trouble spot, ranking it 41st in rates of serious disciplinary actions in 2009.

In 2008-09, the most recent year with full data available, the medical board received 6,437 complaints. It found 1,123 worth investigating; only 238 accusations were made by the state attorney general's office, at which point they generally become public. The board revoked the licenses of 45 doctors (35 others surrendered theirs), and reprimanded or placed on probation another 182.

There are some logical steps to improve enforcement:

• Speed up investigations. When it finally gets its act together on the budget, the Legislature should look favorably on Gov. Arnold Schwarzenegger's request for nearly $13 million to add more than 100 non-sworn investigative staffers – including $1.7 million and 22 employees over two years for the medical board – to the health care licensing boards. The money would come from licensing fees, so would not worsen the general fund deficit.

The board's spokeswoman says its goal is for investigations to take no longer than an average of six months.

• Beef up the board. The 15-member board includes eight doctors and five members of the public appointed by the governor, one public member chosen by the Assembly speaker and one public member picked by the Senate Rules Committee. The current public members are health advocates and educators and one lawyer.

While they're all supposed to represent consumers, it would help to have a true patient advocate on the board. Schwarzenegger, who has one public member vacancy to fill, should use that chance.

• Let the sunshine in. There are gaps that need attention in informing the public about problem doctors. Some malpractice lawsuits don't make it into the public database. Neither do most misdemeanor convictions, or felonies before 1991.

Read more: http://www.sacbee.com/2010/09/08/3011758/editorial-weak-medical-board-is.html#ixzz11zjMaXT7

Comments

[PATTI]

Excellent ariticle - excellent research - excellent writing - Thank you for bringing this to everyone's attention. I am honored to be a part of this group who never stops fighting for Justice for MJ - I love you all

[Sharon]

Very informative article. Don't stop fighting for MJ. Even though we're far apart, I'm always with the group in spirit. I love you all. Keep up the good work and don't stop fighting for MIchael.