For physicians and surgeons in California, facing investigations or disciplinary action by the licensing board can carry significant consequences. If your practice license is at risk, you may lose everything you have worked tirelessly to achieve over the past several years, and the situation may take an undue financial and professional toll. Therefore, when undergoing scrutiny from the Medical Board of California (MBC), a strategic and informed defense is necessary.
At San Luis Obispo License Attorney, we offer skilled legal representation for surgeons, physicians, and other licensed medical providers. We have in-depth experience in a wide array of enforcement and legal compliance matters, including investigations, audits, and professional license defense.
The Medical Board of California Overview
The MBC is a state government agency within the DCA (Department of Consumer Affairs). Its role is to license, regulate, and discipline surgeons and physicians, as well as specific allied medical professionals in California. That said, this board plays an essential role in medical professionals’ ability to work in healthcare.
The primary mission of the MBC is to safeguard medical care consumers by enforcing the Medical Practice Act objectively, ensuring valid licensing, probing complaints, and enhancing access to high-quality healthcare. Additionally, the MBC provides public information on license holders’ records, imposes discipline when necessary, and supports higher standards in medical practice. The MBC also permits the general public to verify a surgeon’s or physician’s license and check their disciplinary history.
As a surgeon or physician, you must comply with the standards set by the Medical Practice Act and MBC regulations. Disciplinary action for failing to comply with these standards might affect your professional license. A disciplinary record or criminal history may result in the denial of your license application if you are a new applicant.
Note that the MBC’s mission is to safeguard the general public and promote higher standards in the practice of medicine. So, while the board members may be your peers, they are not your friends and do not support you. During disciplinary proceedings and investigations, their goals typically do not align with yours. You want to seek legal help from a healthcare license lawyer if board decisions impact your license’s validity.
Reasons the MBC May Investigate Your License
Complaints from patients are a prevalent reason the Medical Board of California can investigate a physician’s or surgeon’s license, but it is not the sole reason. Whenever a surgeon’s or physician’s actions may have violated the law or endangered a patient’s rights, the board may launch an investigation. No limit exists to the reasons the board can initiate an investigation against a surgeon or physician in California. Consequently, the reasons for most board investigations often fall under any of these categories:
Criminal Convictions
A conviction of any crime can place your medical license at risk. Charges alone may not jeopardize your license. However, if you are convicted, the board will likely investigate to establish whether discipline is justified. Not all convictions will jeopardize your license. The board mainly considers convictions of crimes substantially related to the duties, functions, and qualifications of a physician or surgeon, such as those involving the following:
- DUI
- Drugs
- Fraud
- Theft
- Domestic violence
- Medical malpractice
- Sexual offenses
- Murder
A board investigation will consider the facts surrounding the action that resulted in your criminal charges.
Physicians and surgeons have the legal obligation to self-report any felony charges or criminal convictions to the board. The reporting must happen within thirty days of the conviction or charge. After reporting, an MBC investigator might contact you requesting an interview or further details. In some cases, the MBC might also need peer review reports. Failing to follow the reporting requirement is an offense that attracts a maximum fine of $5,000.
Unprofessional Conduct
Physicians’ and surgeons’ behavior at work is subject to many rules. The most prevalent violations revolving around professional misconduct that trigger board investigations are:
- Breach of confidence
- Record alteration
- Insurance fraud
- Failure to sign a death certificate
- Failure to give a patient copies of their medical records
- Patient abandonment
- False advertising
Often, claims of unprofessional conduct concern clear violations by the surgeon or physician involved. Complaints regarding a surgeon’s or physician’s demeanor or attitude towards a patient are generally not a basis for an investigation into unprofessional conduct.
Negligence and Incompetence
The board will investigate singular actions of gross negligence and recurring actions of simple negligence. Generally, negligence means any act that does not satisfy the standard of care a physician or surgeon owes to a patient. Prevalent examples of negligent acts by surgeons and physicians are:
- Incorrect diagnosis,
- Failure to diagnose,
- Surgical mistakes,
- Birth injuries,
- Failure to give appropriate care,
- Medication errors.
Surgeons and physicians are obligated to notify the board if they are named in a medical malpractice suit that ends in judgment, arbitration award, or settlement.
Sexual Misconduct
The Medical Board of California takes allegations of sexual misconduct by medical providers very seriously. If a staff member or patient raises claims of sexual assault, sexual harassment, or other incidents of sexual misconduct, you run the risk of facing criminal prosecution, civil consequences, and board disciplinary action like license revocation.
Failure to Supervise
Surgeons and physicians have a duty to supervise their fellow healthcare workers, including physician assistants, nurses, and nurse practitioners. Should a patient sustain injury due to the actions of a medical provider acting under your supervision, you can be subject to an investigation on the grounds of failing to offer sufficient supervision.
Prescription Violations
The MBC generally treats mistakes involving prescription medication as negligent acts. However, the board will also launch an investigation into unethical or illegal prescription violations. Acts of fraud and prescription violations are instances in which a physician or surgeon consciously writes an illegal prescription for reasons that lack a legitimate purpose and do not consider the patient’s health.
How the MBC Responds to Complaints
The MBC does not pick and select what complaints to probe. Once it receives notification of an allegation against you, whether via a complaint or a peer review report, its enforcement activity begins. Generally, the board will start by reviewing the complaint to establish whether it is valid. If it has no merit or falls outside the board’s jurisdiction, the board may dismiss it at this point.
Board Investigation
If the allegations in the complaint are valid, the board will launch an investigation. The specific case determines the method of conducting MBC investigations. The board’s enforcement unit utilizes several techniques to carry out its investigations, including:
- Reviewing relevant bills and medical records
- Interviewing the involved parties, including the license holder, staff, complainant, and witnesses
- Subpoenaing information and issuing search warrants
- Undercover sting operations
- Examining the location of the supposed act
- Request to respond to the claims in writing
That said, you might not be aware you are being investigated until an investigator visits you unannounced or requests copies of records and an interview. The time it takes for an investigation to end depends on how long it will take the board to gather adequate information. Nothing will be published on Breeze or the MBC’s site during the investigation, just in case it does not yield serious results.
Filing of Formal Accusation
If, per the investigation’s findings, there are grounds for disciplinary action, the MBC can refer the case to the Office of the Attorney General for an official accusation. An Accusation is a document outlining the charges against you and the recommended disciplinary actions.
Once a formal Accusation is filed against you by the Attorney General or a Deputy Attorney General, the board will send you a notice. Note that once an Accusation is officially filed, it becomes public record. After you receive notice of an official Accusation, you only have fifteen days to ask for an administrative hearing by filing a Notice of Defense. If you fail to request an administrative hearing, the MBC will presume you have waived your rights to it and issue a default decision. This default decision will lead to the automatic revocation of your medical license.
Administrative Hearing
If you request a hearing, the Attorney General’s Office will set the date. Before the official hearing, a prehearing conference may be scheduled to discuss the case, review the evidence presented, and negotiate a stipulated settlement. If a settlement is not reached, the matter will proceed to an administrative hearing.
Administrative hearings resemble court trials, except there is no jury. These hearings are presided over by an Administrative Law Judge (ALJ). The hearing will be held to determine if the board should impose any discipline against you. Both parties submit their evidence, make legal arguments, and call witnesses.
At the end of the hearing, the presiding ALJ must prepare their proposed decision within thirty days and give it to the MBC. The proposed decision includes conclusions of law, findings of fact, and suggested disciplinary actions. The MBC then reviews the judge’s proposed decision. It has the discretion to adopt, reject, or modify it.
The MBC has the final say and determines the appropriate kind of discipline if you are guilty. Some of the disciplinary actions the board can impose include the following:
- Public reproval. This sanction is a disciplinary action that the board imposes for minor violations. Generally, a reproval will not restrict your license.
- License probation. This phase is where the board imposes restrictions on you. The board permits you to continue practicing medicine but imposes conditions on your license.
- License surrender. This is where you voluntarily give up your medical license. It is a final sanction that terminates your license and makes you an unlicensed person.
- License revocation. If you are subject to a license revocation, you will be unable to practice medicine indefinitely. In case of a license revocation, you can petition the MBC to reinstate the license after a particular period.
- License suspension. When the MBC suspends your license, you will no longer be able to practice medicine for a specific period. The board will reinstate your license after that time has passed.
Appeal and Request of Reinstatement
If you disagree with the outcome of the hearing, you can appeal the decision to the Superior Court by filing a writ of administrative mandamus. If you still do not agree with the Superior Court’s decision, you can further appeal to the Court of Appeal and then the Supreme Court. The Supreme Court’s decision is final.
Also, based on the facts of your case, you can petition for license reinstatement or penalty relief. When trying to have your license reinstated, you must satisfy all the requirements. Also, you may need to demonstrate that sufficient time has passed since the disciplinary action was imposed, you have successfully undergone rehabilitation, and you have kept pace with your medical training and knowledge.
A skilled lawyer specializing in healthcare license defense can help you navigate the license reinstatement process and increase your chances of having your medical license back, allowing you to resume work.
Why You Require a Lawyer from the Beginning
If you are facing disciplinary action or are under investigation by the MBC, your case can progress swiftly. Therefore, the earlier you hire a lawyer, the higher the chances you will have for a better outcome. Once you learn of the allegations against you, you want to consult a lawyer. Early legal involvement can help avoid mistakes in the event that the board conducts an investigation.
If you receive notification of an official accusation, your attorney can swiftly request a hearing on your behalf. They can make sure they offer excellent legal counsel throughout the hearing. Apart from the legal need for an attorney, it is helpful to retain a lawyer who comprehends the process; they can provide appropriate emotional and mental support. When an experienced medical license defense lawyer is on your side, you will not face your struggles alone.
Find an Experienced Medical License Defense Lawyer Near Me
As a physician or surgeon, you would likely do anything you can to keep your practice license intact and maintain a respectful reputation. Retaining a healthcare license defense lawyer can assist you in doing just that. At San Luis Obispo License Attorney, our dedicated lawyers never shy away from a challenge in their pursuit of helping our clients. We are always ready to go the extra mile to help our clients save their careers. Thus, whether you simply need aggressive representation or simple guidance, you can always count on us. Call us at (805) 764-9771 for a free consultation.
