Posted on Thu, Apr. 14, 2005


Zealously overseeing the state’s doctors


Guest columnist

Recent articles in The State have questioned the dedication of members and staff of the State Board of Medical Examiners in protecting the public from doctors who engage in professional misconduct. As president of the board, I find these comments insulting and offensive.

I can assure the public that we are 10 dedicated, hard-working professional board members, including one non-physician member, who generously give of our time and energy to our primary mission of protecting the public. Our investigative staff and attorneys share this commitment to our citizens, investigating thoroughly every complaint that comes to the board.

News articles in recent weeks by Clif LeBlanc have focused on a West Columbia physician and his treatment of patients under his care. Mr. LeBlanc has asked us repeatedly whether the Medical Board is investigating this doctor. Our response has been that under state law, disciplinary proceedings of the State Board of Medical Examiners are confidential. We cannot confirm or deny that an investigation of any physician is taking place.

Because of the confidentiality of the process, it would be wrong for anyone to make an assumption as to what physician is being investigated by the Board of Medical Examiners or what stage an investigation has reached.

While we cannot respond to questions regarding a specific physician, we think it is critical that the public understand the investigative process.

An investigation begins with a complaint against a physician alleging misconduct. It is assigned to an investigator, and evidence is collected, including records. Sometimes those records may not be available immediately, or they may be in the possession of another law enforcement agency, further delaying the investigative process.

When there is sufficient evidence in place, the board can take appropriate action. If we, in haste, were to proceed with disciplinary sanctions against a physician based on insufficient evidence, our case would be immediately dismissed on appeal by a judge. Then the public and this newspaper rightly would be outraged.

I might note that the laws that make secret this process were enacted by the General Assembly. The board has proposed legislation this year to make the disciplinary process more open to the public, and we sincerely hope the Legislature will approve these changes. At the same time, we recognize that the law must protect the due process rights of patients and physicians.

The board does not take lightly the responsibility that has been entrusted to us. We welcome any constructive suggestions from the public on making the process an even better one.

Dr. Prabhu is president of the South Carolina Board of Medical Examiners.





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