There is something called the ricochet effect when a physician with multi-state licenses develops a problem with a state board in one of the jurisdictions. Dr. Robert C. Gross is a physician who held licenses in Colorado, Michigan and Illinois. He was practicing in Illinois but decided to return to Michigan to practice after running into issue before the Colorado Board of Medical Examiners. A hospital in Colorado reported that he had failed to meet professional standards in 7 surgical cases. He, in response, stated that he was being punished by the hospital for objecting to the quality of care in the facility.
Dr. Gross entered into an agreement with the Colorado Board of Medical Examiners that he would put his Colorado license on permanent “inactive” status because he was returning to Michigan anyway and the Colorado Board agreed not to pursue discipline against him. The action was reported to the National Practitioner Data Bank. Illinois refused to renew his license based on the Colorado action. The Illinois Administrative Law Judge found that while the action in Colorado was not formal discipline but it was “disciplinary action.” The Illinois Court of Appeals Agreed in Robert C. Gross, v. The Department of Financial and Professional Regulation, __Ill. App. ___(Ill.App. 2011)
Although we find that the Colorado Board did not impose discipline on Dr. Gross after a hearing, we hold that the Department did not commit clear error when it concluded that the Colorado Board had taken "disciplinary action" against Dr. Gross's license. The Department's finding justified the decision to place Dr. Gross's Illinois license in "Refuse to Renew" status. Accordingly, we affirm the judgment of the trial court and the Department.
In other words, the non discipline in Colorado was discipline in Illinois and Dr. Gross lost his license to practice there.
The State of Michigan, even though aware of the Colorado action continued to allow Dr. Gross to practice in Michigan. The question now is whether Michigan will continue to do so, now that Illinois has take disciplinary action against him base upon the non-disciplinary action in Colorado.
Comments