Law Office of John Hutto
PO Box 113
Florence, AL 35631
United States
ph: 256-335-4425
fax: 888-897-4082
johnhutt
As a Physician you have invested thousands of dollars (often six figures) as well as years in obtaining your medical license and pursuing your career. You depend on your medical license as a means of earning a living and to provide for your family. If you are under investigation by the Alabama Board of Medical Examiners or have a disciplinary matter before the Medical Licensure Commission of Alabama, you should take the matter seriously.
Do not allow yourself to be told by the Board investigators that you do not need legal representation or that the matter is a simple fact-finding inquiry. It is important to realize that the Board interest is protecting the public's safety and they are therefore advocating on behalf of the public's safety and welfare. It is not the mission of the ASBME to protect your medical license or advocate on your behalf. Often, physicians allow themselves to believe that the matter is only fact finding and as long as they cooperate with the investigation everything will be OK. Often such statements are made by investigators at the onset of investigations. It is important to seek legal representation at the earliest possible stage. The ASBME has attorney's representing their interest. You should have legal representation advocating for your interest. Keep in mind if you choose not to obtain legal counsel, you are by default representing yourself. Any time you speak with a Board investigator, provide a written statement to the Board, submit documents to the Board, or go to the Board for a sit down meeting to discuss the matter, you are essentially representing yourself. As such you are outside your area of expertise and easily overmatched by Board investigators and attorneys with years of experience conducting investigations and prosecuting disciplinary actions on behalf of the Board.
You need to consult with an attorney experienced with representing physicians in such matters as close to the onset of the proceedings as possible. Mr. Hutto believes it is extremely important that you consult with an attorney if you are under investigation or have other disciplinary or licensure matters before the Board. Therefore, Mr. Hutto offers initial free consultation via email or phone. Simply fill out the free physician license defense consult form below and submit or call the Law Office of John Hutto at (256 335-4425) or email at johnhuttoattorney@yahoo.com to discuss your case with an experienced health care licensure defense attorney.
The Law Office of John Hutto is dedicated to representing physicians in disciplinary matters before The Medical Licensure Commission of Alabama and the Alabama State Board of Medical Examiners. Mr. Hutto provides representation from investigations, hearings, and appeals involving all alleged code violations including standard of care violations, inadequate charting and documentation, drug diversion, non-therapeutic prescribing, failure to report, substance abuse, DUI and criminal charges, request for evaluations, inappropriate work place behavior including disruptive behavior and sexual boundary violations. The purpose of the Law Office of John Hutto is to provide high quality legal representation for physicians in a compassionate, professional yet zealous manner designed to protect your medical license and allow you to continue the practice of medicine.
If you are under investigation or been charged with a violation by the Alabama State Board of Medical Examiners, you need legal representation.
Contact:
John Hutto, Alabama Physician Licensure Defense Attorney today at (256) 335-4425, email johnhuttoattorney@yahoo.com or fill out the Schedule a Phone Consultation form to reserve a time to speak directly with Mr. Hutto regarding your case.
Overview of the disciplinary process:
Disciplinary investigations against physicians by the Medical Licensure Commission of Alabama are typically initiated by the filing of a complaint. Complaint forms are available on the board's web site and often are filed by a dissatisfied patient, competing practice, or a disgruntled employee. Sometimes a complaint will be filed to gain leverage in a potential medical malpractice suit. Other times there may be a requirement to notify the board such as negative peer review action, self-report of arrest or other violation on licensure renewal, or possible violations witnessed physician colleagues under a duty to report. In still other instances, the board acting on its own initiative may initiate an investigation. Once a complaint is received, the board will assign the complaint to a board investigator to investigate the allegation. The physician may receive a call from the investigator inquiring about the matter or requesting the physician to make a statement regarding the allegations. If you are contacted by a board investigator, you should be respectful but realize that anything you say may potentiality be misinterpreted and later be used against you in a possible board inquiry or hearing. You should therefore be careful about making statements regarding the allegations outside the presence of counsel. At some point you may receive a formal notice that you are under investigation and requesting your cooperation and perhaps the production of certain documents. At other times, you may not initially be informed of an investigation and by the time you are contacted the investigation may have been under way for some time.
Allegations of Substance Abuse, disruptive behavior, or sexual boundary violations:
Often times the investigator will offer to refer matters regarding allegations of substance abuse, disruptive behavior, or sexual boundary violations to the Alabama Physician Health Program (APHP) and allow the matter to be handled informally through the APHP as long as the physician remains compliant with the APHP recommendations and agreement. Depending on the facts, this may be the best option to pursue as it allows the physician to achieve the treatment they need to practice safely while allowing for monitoring to address public safety concerns. Although the APHP is a wonderful program for physicians in need of their services, it is no cake walk. The APHP requires a physician to sign an APHP monitoring agreement typically for 5 years (although the length can vary from one year to as long as the physician engages in the practice of medicine) that requires the physician check in by phone or online daily and take random drug screens along with meeting certain other terms depending on the circumstances.
What to expect if you are asked to undergo an evaluation:
Typically, shortly into the process of investigations of substance abuse, disruptive behavior or sexual boundary violations, the physician is referred to the APHP and requested to submit to an evaluation at a board approved provider. The outcome of the evaluation can have substantial impact on your ability to practice medicine and you should always consult with a physician licensure defense attorney before agreeing to voluntarily ceasing the practice of medicine to undergo an evaluation. The first thing to know is that the evaluations are expensive, typically $5,000-$7,000 for the typical evaluation lasting 3-7 days. The second thing to be aware of is evaluations often include
psychological evaluation components such as Minnesota Multiphasic Personality Inventory-2(MMPI-2), WAIS-IV including testing on verbal comprehension, perceptual reasoning, working memory, and processing speed as well as other test purporting to measure cognitive ability. Performing poorly on such exams may lead to the conclusion that the physician has an impairment that inhibits their ability to safely practice medicine.
Although there is no uniform evaluation process, the typical evaluation has several components outlined below:
What to expect if you are asked to submit to a polygraph:
At some point during the evaluation the physician may be asked to submit to a polygraph exam. Polygraphs (lie detector test) have never been accepted by the scientific community as a valid means of determining the truth. One may tell the truth and still be interpreted to be deceptive or correspondingly one may lie and be interpreted as no deception indicated. As such polygraphs have little value and are not admissible in court due to their inherit unreliability. Typically, the polygraphs only use is to attempt to illicit admissions under the pretext that the test can detect deceptions. Notwithstanding it appears that in evaluations, recommendations often may be based heavily on the results of polygraphs, notwithstanding the evaluators claim that the polygraph is only one aspect of the overall evaluation to be considered in conjunction with the other parts of the evaluation. If you have been asked to submit to a polygraph, you should be aware of your right to refuse such test. Often in such situations the refusal to submit to a polygraph negatively impacts the evaluation and the board or APHP may insist that you undergo such testing or be threatened with non-compliance. Such decisions are not easy to make and should only be made with the guiding hand of counsel.
What if you are asked to undergo an evaluation as part of the application for hospital privileges.
Sometimes as part of the application to obtain privileges at a hospital, the Medical Executive Committee (MEC) may request a physician to undergo an evaluation. This is especially true if there is a history of substance abuse, boundary violations, or disruptive behavior. Any such request should be viewed as a red flag and you should immediately consult with a health care attorney before agreeing to an evaluation. The evaluation findings if negative could adversely impact the physician's ability to practice medicine as a whole and denial of privilege applications are required to be reported to the National Data Banks via federal law. Also arrest, convictions, and even police incident reports not involving arrest should be reviewed by an attorney as they can have licensure implications.
All request for evaluations or allegations against a physician before the MEC should be taken seriously by immediately consulting a health care attorney.
Procedural Due Process in Physician Hospital Privileges Hearings:
Due process requires a fair and thorough consideration be made by the Medical Executive Committee (MEC) or Peer Review Board of a physician's initial application for privileges or reappointment to the staff. Therefore, a hearing before the Medical Executive Committee or Peer Review Board must be provided. These hearings are quasi-judicial in nature. although the MEC or Peer Review Board does not have authority to administer oaths or subpoena witnesses, other safeguards should be provided. The physician has a right to notice that a hearing is available and sufficient time ahead of the hearing to prepare an adequate response to the concerns of the MEC. In addition to notice of the opportunity for a hearing, a physician whose privileges are being revoked or who is being denied reappointment to staff should receive a written statement of the charges against him sufficiently adequate to apprise the physician of the specific allegations and charges against him. Although, there is no subpoena power and therefore no absolute right to cross-examine persons who have made allegations or adverse statements against a physician unless they testify at the hearing, the physician has the right to cross-examine persons who testify, present evidence, testify, and call witnesses to testify on their behalf.
It is typically in the hospital's discretion as to whether counsel should be allowed to attend the hearing and or participate in the hearing. However, due process would probably require council be allowed to attend if the hospital were to use their own council in the proceedings or the charges were such that representation by an attorney would be advantageous for the physician. It is important to note that even if council is not allowed to attend the hearing, they can still be of high value to the physician in preparation for the hearing.
The decision of the MEC or Peer Review Board must be based on "substantial" evidence presented at the hearing and the decision should be in writing including the basis for the decision thus providing a record for judicial review should the physician decide to appeal the decision.
Allegations of Medicare and Medicaid Billing Fraud
When a physician is contacted by state or federal authorities pertaining to Medicare, Medicaid, or other federal or state reimbursement policies under the Social Security Act they should immediately consult with an attorney. Often physicians will respond to audit request from Medicare or Medicaid without realizing that depending on the results of the audit, the case may be turned over to the Medicare/ Medicaid fraud division of the Alabama State Attorney General's office for investigation into health care fraud and subsequent filing of criminal charges and criminal prosecution. In addition, any arrest or even police incident report on charges or allegations whether or not related to the physician's practice, should be discussed with an attorney who practices health care law as some offenses require the mandatory revocation of a physician’s medical license upon a conviction or a plea in exchange for a term of community supervision.
Criminal prosecutions and Board investigations and sanctions also result in sometimes improper reporting to and by the National Practitioner Data Bank (NPDB). Careful attention must be paid by physicians to ensure that reporting of actions concerning their medical license has been done accurately and is properly reflected in the NPDB and other public information databases.
What to do if you have been charged with a crime:
If you are an Alabama Physician charged with a crime, you should know that the outcome of the criminal matter could potentially affect your medical license. As such you should immediately consult with a health care attorney who can advise you on potential licensure implications.
Contact John Hutto, Alabama Physician Licensure Defense Attorney today:
We represent clients in institutional-level proceedings, administrative proceedings, litigation and appeals. Don't hesitate to contact us to discuss an effective medical defense strategy.
We offer the option of phone or email consultations to prospective clients throughout Alabama. Contact Alabama Physician Defense Lawyer, John Hutto at (256) 335-4425, email at johnhuttoattorney@yahoo.com or fill out the Schedule a Phone Consultation form to reserve a time to speak directly with Mr. Hutto regarding your case
Duties of the Alabama State Board of Medical Examiners
Duties of the Medical Licensure Commission of Alabama:
Rules and Regulations
John Hutto is an attorney and counselor of law. He is a graduate of the University of Alabama School of Law. In addition, Mr. Hutto holds a Bachelor of Science in Nursing from the University of North Alabama, a Master of Science in Nursing from the University of Alabama in Huntsville in the Family Nurse Practitioner Track, and a Bachelor of Science in Business Administration with a dual major in Finance and Economics form the University of North Alabama. Mr. Hutto is uniquely qualified to evaluate and defend your medical license. He has healthcare experience from the inside having worked as an registered nurse and nurse practitioner in the hospital setting. He has also taught nursing students as a clinical nursing instructor at the University of Alabama in Huntsville.
Disclaimer:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers".
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Proudly representing physicians throughout the state of Alabama including the following counties and surrounding areas:
The Law office of John Hutto can guide you through throughout the process from determining the nature of the complaint, filing a Notice of Representation, providing a response and preparing a defense to the complaint as well as representation at board hearings and appeals.
At the Law Office of John Hutto, Alabama physician license defense attorney can provide you with additional information concerning:
Copyright 2009 Law Office of John Hutto. All rights reserved.
Law Office of John Hutto
PO Box 113
Florence, AL 35631
United States
ph: 256-335-4425
fax: 888-897-4082
johnhutt