Virginia law on doctor discipline casts wider net

But, the state medical society says the inclusion of a confidential consent agreement makes the legislation fair to physicians.

By Damon Adams, amednews staff. April 14, 2003.

Physicians in Virginia will be subject to discipline for lesser forms of misconduct, but they will be allowed in some cases to avoid public discipline under a law signed by the governor in March.

The law reforms how the Virginia Board of Medicine disciplines doctors, changing the disciplinary standard from "gross negligence" to a simpler "intentional or negligent conduct" that injures a patient or is likely to injure a patient.

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"This will cast a wider net. Some things that were not actionable [before] now will be actionable," said William Harp, MD, the medical board's executive director.

The Medical Society of Virginia accepts the change. That's because the legislation also calls for a "confidential consent agreement" between the board and doctor instead of public discipline in cases involving minor misconduct with little or no injury to a patient or the public.

"The ability to do that in confidence was a great win," said Hazle Konerding, MD, society president and a dermatologist in Richmond, Va. "The hope is you can correct [a doctor's] behavior before it becomes a pattern or endangering."

But the board could use the agreement to build a case against a physician if the misconduct continues. And it won't make such an agreement in cases in which a doctor endangers the public or demonstrates "gross negligence" or intentional misconduct.

The new law sets a 3-year minimum before a revoked medical license could be reinstated.

The legislation was sparked by a state audit and media reports about problem doctors practicing without losing their licenses.

Public outcry prompted legislators to push for reforms of the medical board, and the medical society joined in to work on proposals. The law will take effect July 1.

Other provisions in the law call for: a three-year minimum before a revoked license may be reinstated; investigations of all complaints; and a requirement that hospitals report disciplinary actions against doctors within 30 days.

"We have known of cases where it has been sometimes years that a problem physician was not reported to the board by hospitals," said Robert Nebiker, director of the Virginia Dept. of Health Professions, which includes the medical board.

Dr. Harp said the board will get three new employees to handle cases, and he hopes the reforms will help the board act more quickly.

Dr. Konerding said the law is fair. "We fought very hard to see this was done right. The doctors are happy. I don't think any of us are in the business of protecting [bad] doctors."