Dear Mr. Howard and Ms.

Weiss: In response to your e-mail I must first start by stating that I cannot communicate about any specific investigation conducted by the Board of Medical Practice. To do so would be in violation of the Minnesota Data Practices Act, Minnesota Statute Chapter 13. I can address your concerns in general terms regarding the Boards scope of authority and jurisdiction. The Board of Medical Practice is the state agency that regulates physicians and six other health care professions. The Board issues credentials to practice when individuals have met all the standards for entrance to practice as set forth in the law. At the time the credential is granted, the individual licensee becomes vested with a constitutionally protected property right in that credential to practice. The Board cannot take away or restrict that credential in any way without due process of law. When the Board receives a complaint against a licensee, it will open a file and conduct an investigation to see if the individual has violated one or more grounds for disciplinary action as set forth in the Minnesota Medical Practice Act, Minnesota Statute Chapter 147. When a file is closed without disciplinary or corrective action, it does not necessarily mean that there wasnt a violation of the Practice Act. It may mean that the Board lacks sufficient evidence of a violation to proceed in prosecuting the case in a court of law. Once again, the Boards only jurisdiction is over the credential of the individual practitioner. The Board has no jurisdiction over any institution, clinic, facility, hospital, university or medical school. We do not look at anything other than the professional practice of the individual licensee. When the Board closes a case without action, it does not necessarily exonerate that individual practitioner and that is a term the Board would not use. When a case file is closed without action it may mean that the Board did not find a violation of the Medical Practice Act but it also may mean that the Board could not find sufficient evidence of a violation to proceed with disciplinary action. If you have any further questions, please do not hesitate to contact me. Sincerely, Robert A. Leach, J.D. Executive Director Minnesota Board of Medical Practice