Q:  Can a licensee be disciplined for failing to follow a Medical Board Position Statement?

A:  Unlike a statute or rule, a position statement does not have the force and effect of law.  For that reason, the Medical Board cannot initiate disciplinary action solely for a licensee's failure to comply with a stated Board position. However, the Board does have statutory authority under Chapters 4730.25, 4731.22, 4760.13 and 4762.13, Ohio Revised Code, to pursue individual disciplinary actions, and may also adopt rules to which members of the licensed professions must legally adhere.