Question

52.       The fundamental constitutional protection for a provider who is the subject of a state licensing board administrative hearing is:

a.         the right to confront your accusers.

b.         police power.

c.         procedural due process, i.e. the right to notice and the opportunity to be heard.

d.         the discretionary authority of a state licensing board to impose discipline in the manner which it deems appropriate.

e.         a good lawyer.

53.       The AMA Code of Ethics is a …….

            a.         a voluntary code of conduct.

            b.         an aspirational standard.

            c.         not part of Ohio law and a physician cannot be disciplined for violating it

            d.         incorporated into Ohio’s medical practices act and a physician can be disciplined for violating it.

54.       The State Medical Board of Ohio has investigative authority to (circle the letter representing your answer):

a.         subpoena patient medical records.

b.         compel the attendance of witnesses for depositions and the production of documents by subpoena.

c.         imprison wayward physicians.

d.         obtain hospital peer review materials and compel the testimony of hospital peer review participants.

e.         a and b only.

f.          a, b and d only.

55.         Tell me if a regulatory agency can make its own rules. If so, tell me why. If not, tell me why not:

56.         Can a health system compensate a physician based on his/her value or volume of referrals? If so, tell me why. If not, tell me why not:

57.       Can a health system purchase a medical practice in a manner that complies with the Stark law and Anti-Kickback Statute? If so, tell me why. If not, tell me why not:

Answer 1

52.  The fundamental constitutional protection for a provider who is the subject of a state licensing board administrative hearing is:

d. the discretionary authority of a state licensing board to impose discipline in the manner which it deems appropriate.

The state licensing board has fundamental rights and authority to cancel a doctor's license. It has equal protection to all professionals.

53. The AMA code of ethics

d. incorporated into Ohio’s medical practices act and a physician can be disciplined for violating it.

AMA code of ethics is a standard conduct for a physician to have honorable behavior and to respect the humans with dignity.

54. The State Medical Board of Ohio has investigative authority to (circle the letter representing your answer):

a.         subpoena patient medical records.

The subpoena is the order issued to a person by the court. The doctors have to produce the medical record.

55. Yes. A regulatory agency can make its own rule. Laws gives authority to make its own regulations. The regulatory agency regulates certain rules based on the Administrative Procedure Act.