Risk Management:
The Scope, Purpose and Methods of the New Jersey Board of Medical Examiners
A practical guide for practicing physicians
by Michael J. Keating, Esq., medical malpractice defense attorney
Upon completion of medical school and post-graduate training, a physician is qualified to evaluate and treat patients in a variety of clinical settings, including private practice and as a member of a hospital medical staff. Formal medical education and training alone, however, do not entitle a physician to begin treating patients. A physician must first apply for and obtain a license to practice medicine in the state in which he or she intends to practice. In the State of New Jersey this process is conducted by the New Jersey Board of Medical Examiners (hereinafter “Medical Board”) which grants medical licenses.
In addition to this important credentialing function, the Medical Board is responsible for overseeing nearly every aspect of the practice of medicine, including practice standards, ethics issues, issues relating to potential impairment and incapacity of licensees, and reviewing and processing disciplinary actions against physicians found to be in violation of Medical Board regulations. The Medical Board also performs the important function of issuing advisory opinions and letters to update or clarify the scope and meaning of existing regulations or evolving practice areas.
In short, the Medical Board decides who will receive a license, makes the rules, enforces the rules, sits in judgment of those accused of breaking the rules, and imposes punishment for violations. Notwithstanding this, most physicians in this state know little or nothing about this government agency, although they are required under law to be familiar with all applicable Medical Board rules, regulations, and standards.
During the course of their career, many physicians can expect to have an encounter with the Medical Board, and the range of possible issues extends from the minor and trivial to a serious disciplinary action that could result in the suspension or even revocation of a physician’s right to practice medicine. This article will provide physicians with a practical guide to the Medical Board, including its structure, function and methods of enforcement. The article will summarize the type of cases that typically come before the Board for review, and outline the legal process that is followed. Finally, the article will provide the practical advice for management of any potential encounter with the Medical Board.