Professional Regulation and Criminal Liability Paper Essay

The principle of the Hippocratic Oath is one of the oldest binding documents in history. The oath adduces I will use those dietary regimens which will benefit my patient ofs check to my greatest major power and judgment, and I will do no harm or blemish to them. I will non give a lethal drug to anyone if I am asked, nor will I advise such a plan and similarly I will not give a woman a pessary to cause an abortion. In purity and according to divine rightfulness will I carry out my manners and my art. I will not use the knife, even upon those suffering from stones, bargonly I will leave this to those who atomic number 18 trained in this craft. Into any(prenominal) homes I go, I will enter them for the benefit of the tired of(p), avoiding any volunteer(prenominal) act of impropriety or corruption, including the seduction of women or men, whether they are exhaust men or slaves.Whatever I see or lift up in the lives of my patients, whether in connection with my affairal r adiation pattern or not, which ought not to be spoken of outside, I will keep secret, as considering whole such things to be private. So long as I apply this Oath faith all-embracingy and without corruption, may it be granted to me to partake of flavor fully and the practice of my art, gaining the respect of all men for all time. However, should I transgress this Oath and violate it, may the opposite be my fate. (U.S. internal program library of Medicine, 2014) Medical identity card of calciumThe Medical mount up of calcium is the agency responsible for regulating doctors, surgeons and other allied health professions. The members of the mount up are appointed by the Governor of the state and have a four year term legislature. It is the responsibility of the members of the mesa to meet as one deliberating body. In addition, the board members are beseechd to learn intimately policies and statutes of twain licensing and enforcement functions. California Licensure Physicia n StatuteThere is no wizard physician licensure statute in the state of California. Instead, physician licensure rules have been interspersed at bottom the California code. Physicians wishing to practice music in California are required to obtain a full medical license issued by the state. Furthermore, there are no administrative regulations or state statue for granting aspecial or limited license to practice in the state remotely via telemedicine. The California licensure does not appropriate for license reciprocity amidst any states but allows physicians for consultative services without having to receive a full medical licensure. Moreover, licensed physicians in the military in any of the states, any a military physician officer or a civilian contract employee, are allowed to compassionate for fellow military members without having to receive supernumerary licensure. In the event of an emergency situation, a physician is allowed to administer address count onless if the physician is licensed in that particular state. A bodily examination is required by the California Medical Board Licensure to allow administration or prescription of medication over the internet. Investigative federal agencyThe investigative team consists of physicians that are a critical component to the board as they base its disciplinary actions on the feelings of physicians and not board staff. Physicians licentiousness a distinct role in the investigations. The board receives and look intos incoming complaints in the Central Complaint Unit (CCU). The physicians determine if there is a pick out for noble investigation by board investigative staff or if the complaint is largely resolved by a preliminary critique of the medical records and the accompanying physician narrative statement. Medical experts are asked to review case materials and must clearly articulate whether the physicians care under review fell below the standard. They must give their opinion if there is a potential violation of the Medical rehearse Act. trade and Professions Code Section 2050-2079According to the Federation of State Medical Boards, the tenth Amendment police power grants states the right to regulate the practice of medicine. Section 2052 of the demarcation and Professions Code states that any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspendedcertificate as provided in this chapter or without being authorized to perform the act pursuant(predicate) to a certificate obtained in accordance with some other provision of jurisprudence is guilty of a public offense, punishable by a fine n ot exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment (California transaction and Professions Code, 2014). Civil Complaint sufficeThe two major categories of incoming complaints to the Medical Care Board of California by the consumers are spirit of care and personal conduct. All complaints require physician review and all complaints which are not closed by CCU staff are referred to one of the boards district offices for formal investigation. According to the Medical Board, each district office is staffed with a superintendence investigator, five investigators, a deputy attorney general, an investigator assistant, clerical die hard staff and one or more medical consultants (The Medical Board of California, 2014). Risk Management & Quality AssuranceIt is important that physicians are credentialed and are given privi leges in any health care organization foregoing to practicing medicine. Physicians must receive training and education in risk counsel and review of federal and state regulations mandates. A successful risk worry strategy is to improve the quality of patient care and bring down the chance of an adverse outcome or a medical malpractice claim. Its objective is to reduce the risk to patients and liability to the physician. Furthermore, the foundation for risk management is the standard of care. introduce the quality of care of physicians must include Ongoing Professional Practice Evaluations (OPPE) and a peer review committee within an organization. Criminal quest for MalpracticePhysicians are in a unique position in regard to the law by the nature of their work. A physician may seem a charge of criminal negligence, manslaughter, or second-degree murder if a patient in his care suffers severe or lethal injuries. Negligence law offers plaintiffs the legal framework upon which to build their civil lodge. A plaintiff in a medicalmalpractice action must satisfy four elements-duty, breach, designer and damage- in order to prevail. In a negligence case, the wrongdoers actions are compared to what would be expected of a reasonable and prudent person in the same or similar circumstance (Monico, Kulkarni, & Calise, 2013). The practice of medicine is full of uncertainties. In some cases, bad outcome is the result of physician negligence. The patient and/or his family may institute a civil suit for malpractice if they believe that the bad outcome was a result of the physicians actions. It is very rare that a prosecutor decides the facts of a case imprimatur a charge of criminal malpractice. The prosecutors must see a repetitious negligent behavior that constitutes to a pattern that can be authenticated before criminal charges can be filed. ConclusionThe medical profession has many dedicated people who give themselves and sacrifices for the sake of saving lives. Physicians practice their profession according to the Hippocratic Oath. Furthermore, the have learned the rules and regulations mandated by the federal and State government in health care delivery. Quality of health care is an important objective of CMS. Physicians are required to adhere to the standards of quality care and the delivery of it.When physicians get in trouble with the law, they have to brass instrument various criminal and civil charges based on the severity of their case. In the current trend, doctors commit white-collar crimes when they take kickbacks, order questionable procedures, overbill patients and insurance policy companies, and bill for services they did not provide.The Medical Board of California ensures condom and protection of health care consumers through proper licensing and regulation of physicians by means of various objective enforcement of the Medical Practice Act.ReferencesCalifornia Business and Professions Code. (2014). Business and Professio ns Code Section 2050-2079. Retrieved fromhttp//www.liginfo.ca.gov/cgi-bin/displaycode?section=bpc&group Medical Board of California. (2013). Guide to the Laws Governing the Practice of Medicine by Physicians and Surgeons. Retrieved from http//www.mbc.ca.gov/about_laws/laws/_guide.pdf Monico, E., Kulkarni, R., & Calise, A. (2013). The Criminal prosecution of Medical Negligence. Retrieved from http//www.ispub.com/IJLHE/5/1/5237 The Medical Board of California. (2014). Laws and Regulations. Retrieved from http//www.mbc.ca.gov/about_us/laws/ U.S. National Library of Medicine. (2014). The Hippocratic Oath. Retrieved from http//www.nlm.nih.gov/hmd/greek/greek_oath.html