THE CMG VOICE

Professional Misconduct Doesn’t Stop Industry Paychecks

Even when doctors are punished for professional misconduct, they are not always barred from making money in the healthcare industry.

An investigation by ProPublica has found that over 400 pharmaceutical and medical device companies did not terminate their working relationships with doctors who were disciplined by state medical boards. Doctors are often hired by these companies as advisers, consultants, or promotional speakers – a practice that is legal, provided that it is not an incentive to use a company’s product.

ProPublica compared information on the payments that these companies made to the disciplinary histories of doctors in California, Texas, Florida, New York, and New Jersey and found that 2,300 or more doctors were paid despite their histories of misconduct. The infractions for which the doctors were disciplined ranged from failing to complete continuing medical education to providing inadequate care and committing sexual misconduct. This range was reflected in the consequences of the state disciplinary boards’ actions: 40 or more doctors lost their licenses, over 180 faced suspensions or restrictions on their licenses, and nearly 250 were given [probation](https://cmglaw.com/Blog/2016/08/Recent-article-shines-light-on-lack).

Although some companies say that they regularly check the records of their contracting doctors, some only look into disciplinary histories when the contracts are first established and rely on the doctors to self-report any changes in licensure status. There is no requirement in the industry for how often companies must check doctor’s records, or even that they check at all.

ProPublica has compiled a [tool](https://projects.propublica.org/docdollars/) to check for payments made to doctors by pharmaceutical and medical device companies. The search includes food and beverage payments, which were not included in the analysis because they are often not indicative of the same kind of contractual relationship.

You can read another article on this subject here:

[Doctors Get Disciplined For Misconduct; Drug Firms Keep Paying Them](http://www.npr.org/sections/health-shots/2016/08/23/490675125/doctors-get-disciplined-for-misconduct-drug-firms-keep-paying-them)