New draft rule creates DHSS protocol for physician complaints

 

DHSS posted a new draft rule for public comment last week, this one addressing physician investigations.

Like other programs and public input processes, the rules propose complaints be made through the Department website.

Physician Investigations. All complaints against physicians must be submitted through the department’s website. Complaints shall include the name and address of the physician against whom the complaint is made and a clear description of what violation the complainant believes the physician has committed.

The rule goes on to lay the framework for the department’s investigation of physician complaints. Currently, physician or psychiatrist complaints are handled by the Board of Healing Arts of the Board of Psychiatry within the Division of Professional Registration beneath the Missouri Department of Commerce and Insurance. Both boards have the power to suspend or revoke the license to practice in the state.

Drug trafficking charges are handled by law enforcement, either local, state, or federal, depending on the case.

   

Numerous complaints and concerns regarding the practices of some certifying medical professionals have flown through the industry community and to DHSS and the aforementioned boards, but without a regulatory framework to enforce discipline, DHSS has not pursued any investigations. Industry thought leaders are concerned about misinformation spread by some professionals which may negatively impact the safety and wellness of patients.

Greenway is not aware of any physician concerns rooted in telehealth services.

On Wednesday, February 26, the Missouri House perfected a bill with a new amendment which would eliminate telehealth certifications. The amendment was placed on a bill creating statutory authority for the state to do federal background checks on medical marijuana facility employees. The underlying bill, filed by Rep. Lane Roberts (R-Joplin), was a DHSS priority. It is unclear how the bill will proceed through the legislature with the new amendment.

Read the full draft rule below. The Department is accepting public comments through its website.