If you are a surgeon or physician practicing in California and have been notified by the Consumer Affairs Department of the Medical Board of California about an investigation or formal accusation, you should act quickly. Hiring an experienced license defense attorney to manage your case is important.

Ignoring a California Medical Board investigation can have severe effects on your career. Even a minor citation or fine will create a negative mark on your record, which is visible online to potential clients. More serious actions from the board, like suspending or revoking your license, could disrupt your practice for years or even end it.

At Fresno License Attorney, we are well-versed in California laws, Medical Board rules, and the legal processes for board investigations. We understand every step and potential situation and know how to respond effectively. Our experience includes defending against all complaints against California surgeons and physician licenses.

Understanding the Role of a Physician and Surgeon in California

As a licensed physician or surgeon in California, you have worked hard, received extensive training, and invested significantly in your current profession. Additionally, you are dedicated to helping your patients according to the principles of the Hippocratic Oath. Your work is not just a job but a mission to offer modern medical care to those who need it most.

Unfortunately, even a single mistake or accusation of a mistake or misconduct can endanger everything you have worked for. A malpractice lawsuit, a criminal charge (whether a misdemeanor or felony), or any complaint about your job submitted to the Medical Board of California can quickly put your medical license at risk.

Patients can easily file complaints on the Medical Board of California’s website or check to see if any disciplinary measures have been taken against you. The nature of medical work makes you vulnerable to such allegations. Whether you are a surgeon, physician, EMT, medical assistant, research psychoanalyst, physician’s assistant, paramedic, midwife, or another medical professional, you face a higher likelihood of challenges to your professional license.

Given the high level of trust and expectation placed on medical professionals, they often face the most complaints and formal accusations from the Board.

An Overview of The Medical Board Of California

The Medical Board of California oversees and regulates surgeons, physicians, physician assistants, podiatrists, psychiatrists, and other healthcare professionals. The board’s Complaint and Enforcement Unit reviews reported and purported administrative and criminal violations.

If the licensing board begins an investigation or takes disciplinary measures, it can pose a serious risk to your career and medical license. During the investigation, a skilled license defense lawyer can help you by replying to inquiries from the board.

You should respond in writing or during an in-person interview with the investigator. If you have experienced legal support, a strong and well-prepared response could lead the board’s Complaint Unit to close the investigations without filing an Accusation.

Accusations and complaints against you are public records, as disciplinary measures are posted on the board’s website and are available through the online system Breeze. The damage may still affect you even if the charges are later proven false. Therefore, you should hire an experienced license defense lawyer soon.

The Board’s Investigation Process

The following is a general overview of how the board’s investigation could take place:

Receiving Complaints and Investigations

The process starts when the Medical Board’s Central Complaint Unit (CCU) receives a complaint about a medical professional. Complaints can come from patients, hospitals, insurance companies, or anonymous sources.

Once the board receives a complaint, it checks if it is legitimate. If the complaint appears minor or outside its authority, the board might dismiss it early.

Investigations will begin if the complaints are considered valid. This involves the following:

  • Collecting evidence
  • Interviewing witnesses
  • Reviewing medical records

You may be asked to respond to the allegations in writing.

Accusation and Defense Response

The board will issue a formal accusation against you if the investigation finds evidence that supports the allegations. This document will list the charges and suggest possible disciplinary actions. Once you receive the accusation, you can file a Notice of Defense. This document shows that you intend to contest the charges and request a hearing.

Administrative Hearing and Verdict

Before the formal hearing, there might be a pre-hearing conference. This meeting will:

  • Review the issues
  • Discuss evidence
  • Work out a settlement

If a settlement is not reached, the case will go to an administrative hearing with an administrative law judge (ALJ). Both sides will present evidence during this hearing, call witnesses, and make legal arguments. After the hearing, the ALJ will issue a proposed decision, which includes findings, conclusions, and recommended disciplinary actions.

The medical board will review the ALJ’s proposed decision and can choose to accept, change, or reject it. The board’s final decision will outline the disciplinary actions, ranging from a reprimand to revoking your professional license.

Appeal

If you lose your professional license case at an OAH Hearing, you can appeal the decision using a writ of mandamus in the California Superior Court. You must file this writ petition within 30 days after the OAH decision becomes effective.

Writ petitions are rarely successful in overturning decisions made during Administrative Hearings. A writ of mandamus may provide remedies if your attorney believes the board or OAH made errors. If the writ petition does not lead to a favorable outcome, you can appeal to the California Court of Appeals and, if needed, to the California Supreme Court.

The appeals process involves:

  • Complex legal procedures
  • Require detailed evidence
  • Adhere to strict deadlines
  • Have a limited scope of review

Criminal Convictions That Can Affect a Physician and Surgeon Professional License

Here is a summary of common criminal charges that can impact medical professionals.

Insurance Fraud

Insurance fraud means providing false information or submitting fake claims to get money from health insurance companies. This can include billing for services not provided, using codes for more expensive procedures than what was done, or performing unnecessary procedures to charge more. These actions are criminal offenses and violate ethical standards, which can lead to disciplinary actions by medical boards.

Drug Crimes

Drug-related offenses are some of the most serious charges a healthcare provider can face. These charges include:

  • Improper prescription of controlled substances
  • Prescription fraud
  • Self-administration of controlled substances

Such offenses can result in significant legal penalties, threaten your professional license, and even result in license revocation.

Patient Confidentiality Violations

Breaking patient confidentiality is a serious violation of both legal and professional ethics. The Health Insurance Portability and Accountability Act (HIPAA) sets strict rules for protecting patient health information. Sharing protected health information without permission can lead to criminal charges, hefty fines, and a loss of trust in your professional integrity as a healthcare provider.

Violent Crimes

Most felonies can endanger your medical license, especially if they involve violent crimes such as:

  • Assault
  • Domestic violence
  • Homicide

These charges can cause serious and lasting harm to your career.

Sex Crimes

Sexual misconduct or sex crimes, including assault or harassment of patients or colleagues, are very serious offenses in the healthcare field. Such charges damage your reputation, lead to criminal prosecution, and often result in the suspension or revocation of your medical license.

Possible Disciplinary Measures from the Board

What might happen after a California Medical Board investigation or administrative hearing? First, the case might be dismissed if there is not enough evidence. In that case, the matter remains confidential and is not posted on the board’s public website. Otherwise, here are the possible outcomes:

  • An investigation might end with/without a letter noting that the case is dismissed but will stay in your file for three years. This does not count as a formal discipline
  • You might receive citations with or without fines
  • The Board might file an accusation. This legal document could be made public on the Medical Board’s website
  • You might receive a public reproval or reprimand for minor issues. A reproval generally does not restrict your license.
  • Your license might be placed on probation. This means you can continue to work under certain conditions set by the Board.
  • Your license might be revoked, meaning you cannot practice medicine. If this happens, you can apply for a reinstatement of your license.

FAQs About California Professional License Defense

The following are frequently asked questions about California physician and surgeon medical licenses.

Can I Defend Myself In An Administrative Hearing?

You can legally represent yourself in a board hearing, but it is usually not advisable. Under California statutes, you can engage an attorney to represent you throughout the disciplinary and investigation process.

These formal investigations can lead to disciplinary actions such as probation, license suspension, or revocation. In such cases, the investigation might even result in criminal charges. Having legal representation is important for protecting your career and license.

The board’s mission includes protecting the masses and upholding high medical standards. Even though board members could be your colleagues, their objectives during disciplinary actions and investigations might differ.

Medical boards and their license holders are governed by complex rules and laws. For example, if the board requests your records, you should respond within fifteen days to avoid substantial fines. An experienced license attorney can help you navigate these rules, ensure compliance, and advocate for your interests.

What Can I Do If I Am Being Investigated?

If you discover the board investigating you, talk to a license defense attorney to determine the appropriate steps. If a board investigator reaches out to you, you can politely decline to discuss the matter until your lawyer is available.

Avoid contacting the Board yourself when explaining the matter. Anything you say will be used against you in criminal cases or enforcement actions. Do not provide any documents to the Medical Board without speaking with your attorney, as these documents might also be utilized against you.

Dealing with the stress of board investigations can be challenging, but try to avoid discussing it with your colleagues. What you say to coworkers and friends might be used against you. However, conversations with your lawyer are private and protected by an attorney-client relationship.

Can I Reclaim My Professional License After Facing Disciplinary Actions?

If you have gone through disciplinary action from the board, you can seek relief. Under the California Business and Professions Code (BPC), you can ask the Board to reinstate your license if it was revoked, suspended, or surrendered. You can also ask the Medical Board to end or modify your probation terms.

You cannot file a petition for a license reinstatement or to terminate or modify your probation terms until a certain period has passed, depending on the type of penalty:

  1. License revoked or surrendered for unprofessional behavior—You must wait at least three years. If you can show reasonable cause, the licensing board may allow you to file a petition for license reinstatement earlier
  2. Probation—You must wait at least one year to request a modification of the conditions
  3. Probation of three years or more—You must wait at least two years before you can request early termination of probation
  4. License revoked or surrendered for physical or mental illness—You must wait at least one year
  5. Probation term of under three years—You must wait at least one year before you can request early termination

Your petition could be reviewed by the Board’s panel or an administrative law judge (ALJ). They will consider factors such as:

  • Your conduct since the disciplinary proceedings
  • Your efforts to rehabilitate
  • Your professional abilities

The Board will not consider your petition if you are still under a criminal sentence or probation or if there is an ongoing petition or accusation to revoke your probation.

A license defense lawyer can assist you in regaining your license or ending your probation. If the Board is currently investigating you, an attorney can help you take steps to prevent any disciplinary actions from being taken against you.

Find a License Defense Law Firm Near Me

Medical Board of California investigations, arrests, and criminal charges can put your medical license at serious risk. Even a minor crime, such as a DUI, can lead to investigations and disciplinary actions that damage your reputation and practice. You should contact an experienced attorney who understands criminal defense and medical licensing. Your situation requires detailed legal work to achieve a favorable outcome.

At Fresno License Attorney, we specialize in defending physicians and surgeons. We have expertise in both professional license defense and criminal defense. Our team is skilled in handling the complex rules involving federal law, professional license defense, DEA regulations, and criminal charges. If a Medical Board Investigator contacts you, call us immediately at 559-777-7040. We will help you understand your risks, learn about the legal process, and how to protect your career.