If disciplinary action is taken and a licensee is placed on formal probation by the Board, he/she will be monitored by an investigator whose primary responsibility is that of compliance, (Probation Investigator).
It is the responsibility of the Probation Investigator to monitor each practitioner’s compliance with each term and condition as stated in the Order or Agreement. When a practitioner is found to not be in compliance the probation investigator will consult with the Chief Investigator to determine the appropriate action to be taken at that time.
Physician Health Programs (PHP)
There are two PHP’s who have Memorandums of Understanding with the Board and monitor licensees with substance abuse, mental health or behavioral issues. The Missouri Board of Healing Arts strongly encourages physicians with alcohol or chemical dependency to contact one of the following agencies for assistance: The Missouri Physicians Health Program, (MPHP) operates under the Missouri State Medical Association and monitors Medical Doctors, MD. The Missouri Association for Osteopathic Physicians & Surgeons PHP which monitors Osteopathic Physicians, DO and allied health professionals. Probation Investigators will work closely with the PHP’s to monitor licensee compliance with the PHP agreement, aftercare treatment recommendations of a treatment facility and disciplinary orders. Probation Guidelines Probation Investigators shall monitor all licensees of the Missouri State Board of Registration for the Healing Arts who are placed on probation in accordance with procedures established by the Board. …show more content…
Each probation investigator is accountable to the Chief Investigator for the proper function of the monitoring process.
A licensee is not considered to be on probation until the agreement containing the provisions and restrictions is signed by the licensee and the Board's executive director. The Board's legal counsel will then forward the finalized agreement to the Chief Investigator who will review it and make note of any pre-conditions and time constraints which may require special handling, such as additional CME, surrender of controlled drug registrations, oral/clinical examinations, psychiatric and/or internal medicine evaluations. After a case number is obtained from the Enforcement Staff the Chief Investigator will assign the monitoring of the probation only to a Probation Investigator. (Usually the case number was generated with the initial investigation and has been used to track the case throughout the entire process.) The enforcement staff will provide the Probation Investigator a copy of the signed agreement and a copy of the case file which led to the licensee being placed on probation. This should include the investigation report, reports from MPHP or MAOPS, all psych or addiction evaluations with aftercare recommendations, PROMO printout with contact information and information on attorney of record. Upon receipt, the Probation Investigator may need to contact the Chief Investigator regarding any pre-conditions and the scheduling of the initial probation interview. Initial Interview: Prior to scheduling the initial probation interview, the Probation Investigator will contact the new probationary licensee by phone, email or letter advising that there are certain requirements of the probation which require monitoring, and the requirement to meet with him/her. The initial interview should take place at the earliest opportunity after the probation investigator receives the case file assigned to them. The Probation Investigator will conduct the initial interview. During the initial interview, the Settlement Agreement/Board Order will be reviewed and the order/stipulation explained with special attention given to any pre-conditions, i.e. CME’s, evaluations, enrollment in MPHP/MAOPS. The probationary licensee will be questioned as to his/her understanding of the entire order making certain that each term and condition is understood. Some probationary agreements may require the licensee to submit plans, programs, evaluations and/or examinations to the Board …show more content…
The appropriate statement, "appears to be in compliance", or "not compliant" shall be included in all probation reports. The probation summary report should specify any and all pertinent information such as results of chemical testing and conclusions of psychiatrist and/or treating physician, and/or compliant with the exceptional terms or conditions in the agreement such as structured environment, additional CME requirements, alcohol rehabilitation program, etc. The probation investigator will submit a probation violation report when the probationary licensee is found to be not in compliance with any terms of the probationary agreement only after consultation and with the approval of the Chief Investigator. A new case number will be requested by the investigator via email to the Chief Investigator and forwarded to the enforcement