Criminal checks for
doctors proposed Background probes not
required now By CLIF LeBLANCand
RICK BRUNDRETT Staff
Writers
The state medical licensing board in November will consider for
the first time mandating extensive criminal background checks for
doctors, an agency spokesman said Friday.
Currently, teachers and day-care workers in South Carolina are
subject to mandatory examinations to determine if they have criminal
histories. But physicians, whose jobs require close and sometimes
invasive contact with patients, are exempt from such scrutiny by the
state.
Details of the medical board plan were not immediately available,
but spokesman Jim Knight said a draft calls for a change in state
law to pave the way for national screening of applicants seeking a
medical license. States must authorize access to the FBI criminal
database when they want to use it for matters that do not involve
police or courts.
Looking into criminal backgrounds of doctors became an issue last
week when it was disclosed that a West Columbia physician, Dr. James
M. Shortt, did not report a 1966 felony conviction in Michigan on
his S.C. license application.
Shortt, a doctor who practices alternative medicine, is being
investigated by police and medical regulators after a 53-year-old
patient in his care died when she was given hydrogen peroxide and
other compounds intravenously to treat multiple sclerosis, a
sometimes debilitating disease of the brain and spinal cord.
A coroner has ruled the death of Katherine Bibeau of Minneapolis
a homicide. No charges have been filed.
Hydrogen peroxide, often used to disinfect wounds, is not
recommended for internal use. However, some alternative-health
proponents believe injections or intravenous infusions of hydrogen
peroxide can treat ailments such as cancer, MS, arthritis and
shingles by killing toxins, bacteria and viruses.
PATIENTS, DOCTORS MAY DIFFER
Some patient advocates support screening physicians for possible
crimes.
“We know that the majority of physicians are qualified, honorable
people,” said Dave Almeida, executive director of the S.C. chapter
of the National Alliance for the Mentally Ill.
“But when anyone is dealing with very vulnerable people, we think
prudence is the best course of action.
“We don’t have an official position on that,” Almeida said of
mandated background checks, “but frankly, it sounds like a
no-brainer.”
Dr. John Evans, president of the S.C. Medical Association, would
not take a position on required screening of doctors.
“We support any procedures that would promote patient safety,” he
said.
But the privacy of doctors applying for licenses should be
protected in the process, he said.
CHECKS NOT STANDARD PRACTICE
Most states do not mandate criminal background checks, according
to a national survey by an organization of medical boards.
At least 10 states require them, the Federation of State Medical
Boards found in a survey this year.
However, the survey’s findings are limited, because a copy of the
report shows no responses from 19 states. It also incorrectly lists
South Carolina as requiring in-state criminal history checks.
The 10 states that require in-state and federal background checks
through the FBI do not require them of all applicants, the survey
shows. The FBI checks use fingerprints and compare them to a
national database of people charged with a crime.
Nevada, for example, screens only osteopaths, doctors who embrace
holistic medicine.
Other states that require in-state and national background checks
are North Carolina, California, Florida, Idaho, Illinois, Kentucky,
Louisiana, New Mexico and North Dakota, according to the survey.
Four other states — Maine, New Jersey, Texas and Washington —
require only in-state checks.
Besides South Carolina, at least 10 states do not require any
checks. They are Alaska, Arizona, Arkansas, Hawaii, Indiana, Iowa,
Ohio, Oregon, Pennsylvania and Rhode Island.
The Federation of State Medical Boards, based in Dallas, has not
taken a public stand on whether background checks should be
mandated, spokeswoman Katherine Poteet said.
N.C. TIGHTENED REGULATIONS
North Carolina changed its law in 2002 to require national
background checks after the licensing board found some applicants
misrepresented their criminal histories, said Dena Marshall, the
board’s spokeswoman.
Most either said they had forgotten about the charge or thought
it had been cleared from their records, Marshall said.
That is what Shortt said of his 1966 conviction in Michigan for
carrying a concealed switchblade when he was 19. He said he thought
the conviction would be removed from his record when he joined the
Army in 1967.
All N.C. applicants were subjected to national background checks
beginning in February 2003.
“You want to know when you walk in to see a doctor that they have
gone through screening,” said N.C. Medical Society spokesman Mike
Edwards.The physicians’ group supported the change in the law, he
said.
The medical board does not know how many applicants have been
denied licenses because of their criminal histories, Marshall
said.
EQUALITY AMONG PROFESSIONS
Georgia’s medical board in Atlanta has talked about mandatory
criminal background screening but has taken no action, said Dr. Jim
McNutt, its medical director.
The Georgia medical board does such checks as needed, he
said.
But mandated screening for doctors would require a change in the
Georgia law. Most job applicants must grant permission, either in
writing or by submitting to fingerprinting, before a background
check can be done, said McNutt and John Bankhead, spokesman for the
Georgia Bureau of Investigation.
“It’s actually a pretty complicated issue,” McNutt said.
Yet Georgia has mandated screening for firefighters and people
who work with children or the elderly, Bankhead said.
Columbia attorney Richard Gergel represents the Bibeau family in
its lawsuit against Shortt for injecting her with hydrogen
peroxide.
Different treatment among professions in South Carolina galls
him.
“If you want to be a day-care worker in South Carolina, you are
subject to a criminal background check, as you should be,” Gergel
said.
“If you want to teach school, you are subject to a criminal
background check, as you should.
“But if you want to practice medicine, do surgery or even infuse
someone with hydrogen peroxide, you don’t need a criminal background
check.
“If they (medical examiners) are not doing the most basic checks
... that’s irresponsible.”
Staff Writer Linda H. Lamb contributed to this article. Reach
LeBlanc at (803) 771-8664 or cleblanc@thestate.com. Reach
Brundrett at (803) 771-8484 or rbrundrett@thestate.com |