Each state charges its medical board with protecting the public from the unprofessional, improper, unlawful or incompetent practice of medicine. Boards carry out this mission based on the legal authority defined in their state's Medical Practice Act and their financial resources, which are determined by the state legislature.

Licensing

Obtaining a license to practice medicine in the U.S. is a rigorous process. State medical boards ensure that those entering the profession have met predetermined qualifications that include medical school graduation, postgraduate training, and passage of the United States Medical Licensing Examination (USMLE), comprising a rigorous three-part written exam and an exam that tests clinical and communications skills. Applicants must also provide details about their work history, any arrests and convictions, and reveal information regarding past medical history that may affect their ability to practice. Only those who meet a state’s predetermined qualifications are granted permission to practice medicine in that state.

After physicians are licensed, they must re-register periodically to continue their active status. During this re-registration process, physicians must demonstrate that they have maintained acceptable standards of professional conduct and medical practice. In a majority of states, physicians must also show that they have participated in a program of continuing medical education.

Investigatory and Disciplinary Powers

Medical boards also monitor licensed physicians’ competence and professional conduct. They review and investigate complaints and/or reports received from patients, health professionals, government agencies, health care organizations and other state medical boards about physicians who may be incompetent or acting unprofessionally, and take appropriate action against a physician’s license if the person is found to have violated the law. State laws require that boards assure fairness and due process to any physician under investigation.

While medical boards sometimes find it necessary to suspend or revoke licenses, regulators have found many problems can be resolved with additional education or training in appropriate areas. In other instances, it may be more appropriate to place physicians on probation or place restrictions on a physician’s license to practice. This compromise protects the public while maintaining a valuable community resource in the physician. Probation and restrictions of a medical license can also be in place while a physician receives further training or rehabilitation.

If a board determines a violation has occurred, common actions include:

• Reprimand or Censure -- physician receives a public admonishment;
• Administrative Fine/Monetary Penalty -- physician must pay a civil penalty fee imposed by the board;
• Restitution -- physician must reimburse a patient or entity for monies improperly earned;
• Probation -- physician's license is monitored for a period of time;
• Limitation or Restriction -- physician's license is restricted in some way (e.g. a physician is prohibited from performing specific procedures or prescribing certain drugs);
• Suspension -- physician may not practice for a period of time;
• Summary Suspension -- physician's license is suspended immediately, with evidence that their medical practice presents a threat to public health and safety;
• Voluntary Surrender of License -- physician surrenders license to avoid further disciplinary action;
• Denial -- physician isn't granted a license to practice or license isn't renewed;
• Revocation -- physician's license is terminated; physician can no longer practice medicine.