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Enforcement workload rises; board adopts new diversion testing contractor and expands required interviews for quality-of-care complaints
Summary
Enforcement staff reported growing complaint volumes and faster case processing in some areas. The board's probation/diversion work moved to new vendors for testing and case management; the enforcement unit also expanded required interviews for quality-of-care complaints but many complainants did not respond.
Enforcement analysts told the Osteopathic Medical Board on Feb. 13 that complaint volumes have increased and that changes to enforcement workflow and vendors are underway.
Enforcement analyst Christie Libermento reported that the unit received 499 consumer complaints and 16 arrest/conviction notices year to date, a marked increase over the prior year; part of the rise reflects a new practice of initiating an enforcement complaint record for licensure applications that disclose prior arrests to capture workload previously handled administratively. The unit's average cycle time for investigations not referred to the Attorney General's Office (PM3) dropped to about 185 days, a 14% improvement versus the prior year; the metric that includes matters sent to the AG (PM4) remains higher (case aging at about 1,027 days) but improved 22% year over year. Staff said 91 cases are pending with the Department of Consumer Affairs Division of Investigation (DFI) and 18 cases are pending at the Attorney General's Office. Year-to-date enforcement actions include three interim suspension orders, four accusations filed, one administrative citation, five probation placements, one license surrender and one revocation.
Libermento reported the enforcement unit revised its consumer complaint release language to permit DFI access without reissuing releases, to speed records requests and interviews. She also said enforcement has started offering required interviews to complainants for quality-of-care matters where gross negligence or incompetence is alleged; of 13 interviews offered, two were completed and one was declined, and the remaining ten produced no response from complainants.
Executive director Bridal Calderon and probation monitor Ralph Correa briefed the board on diversion and probation operations. Calderon said OMBC executed a contract with Famatech, Inc. to provide rapid-diagnostic scheduling and biofluid testing (urine, blood, hair follicle) and that Premier Health has been engaged as the new diversion program contractor for clinical case management and monitoring. Probation monitor Ralph Correa said 34 licensees are on active probation (six currently out of state and therefore not accruing supervised practice time in California) and described quarterly reviews and monitoring procedures; three licensees have interim orders with stays allowing practice under conditions.
Board members and public commenters asked how to increase complainant participation in required interviews and suggested outreach to improve response rates for those interviews.
