As a surgeon or physician, your medical license may be one of your most valuable assets. That is because it is the key to your livelihood, career, and all other successes that come with it. It is what you studied and worked for many years for.

However, even after everything you have invested in acquiring and maintaining the license, the Medical Board of California (MBC) can take it away in a split second. A complaint from any party against you is all it can take. If you learn someone filed a complaint against you, you want to respond promptly and effectively. Hiring a skilled professional license defense lawyer is the right thing to do in this case. An attorney can make all the difference between losing and retaining your license.

At Sacramento License Attorney, we have experience representing professionals who risk losing their licenses, including physicians and surgeons. Our lawyers fight for clients accused of violations and help them keep their licenses without disciplinary action or face lenient penalties. Call us, and let us begin developing an aggressive defense for you.

The Medical Board’s Role

The MBC licenses surgeons, physicians, and other healthcare professionals in California. Apart from licensing, the board also regulates and monitors the licensed professionals. Its mission is safeguarding healthcare consumers and the general public, ensuring they receive competent and safe care. The board strives to prevent harm to consumers by:

  • Licensing only qualified medical professionals
  • Objectively and vigorously enforcing the Medical Practice Act
  • Promoting access to high-quality healthcare through its licensing, regulatory, and policy functions

The board’s established Enforcement or Complaint Unit probes reported and supposed administrative and criminal violations. Then, it recommends evaluation and rehabilitation against the guilty professional when necessary. The MBC takes claims of unprofessional conduct against physicians and surgeons seriously. So, if you are under investigation, you need a skilled and qualified healthcare license defense lawyer to safeguard your rights and license.

Remember, the board serves the public, safeguarding it from incompetent, inadequately trained, and unprofessional physicians and surgeons. That said, the board is not on your side. When faced with allegations of any violation, the board will be looking to punish you and not protect you.

The Board’s Complaint Review Process

The medical board receives several complaints from different sources against surgeons and physicians. These sources can include:

  • Patients
  • Their family members
  • Other healthcare professionals
  • Insurance companies

Once the board receives a complaint against you, the Complaint Unit reviews it to establish the nature of the accusations. It also checks whether the complaint falls under the MBC’s jurisdiction. If so, the complaint will be analyzed to determine whether there is adequate evidence that a violation occurred.

If there is no violation, or adequate evidence that it happened, the board will close the complaint and notify you. If there is a determination that a violation occurred and a thorough investigation is necessary, the case moves to the Division of Investigation (DOI). Urgent complaints, like those of sexual misconduct, might be referred promptly to the DOI. The board will send you a letter if your complaint moves to the DOI.

The board investigator may contact you during the investigations if they require more information. If that happens, politely decline to talk to them until you have a lawyer present. As tempting as it might be, do not try explaining your side of the story to them. That is because they may use that information against you. Likewise, do not hand over any documents to the investigators without consulting your lawyer first. That is because they might also use those documents against you.

When you have a lawyer by your side during investigations, they can help you respond to board investigators. The response could be in writing or person during the investigative interview. An effective response to the investigators might lead to the board’s Complaint Unit closing the investigations and ending the case.

If the investigations end, the board may decide that discipline is not justified or there is no evidence for the allegations. In that case, it will close the case. But if discipline is warranted, it will refer the case to the Office of the Attorney General. The deputy attorney general will file an Accusation or Statement of Issues, whichever applies. Accusation applies to license holders, while a Statement of Issues applies to license applicants. These are formal documents identifying the allegations against you. The board will notify you if it has closed your case or referred it to the Attorney General’s Office.

When you receive a letter from the board notifying you of the filing of the Accusation, you must file your response. You respond by filing a Notice of Defense, contesting the allegations. You must file your response within 15 days. Failure to which the board will revoke your license by default.  

If you file a Notice of Defense, the attorney general will schedule a hearing at the Office of Administrative Hearing. An ALJ (Administrative Law Judge) will preside over this hearing. You and the complainant will present your cases and evidence and cross-examine witnesses. When the hearing ends, the ALJ will consider the evidence and propose a decision to the board.

The board will assess the judge’s proposed decision. It has the right to adopt it as it is, modify and adopt it, or disregard it altogether.

Possible Disciplinary Actions By the Board

If the ALJ determines that you are guilty of the allegations against you and the board agrees, it may impose disciplinary action against you. The discipline the board imposes will depend on the severity of your location. Note that most disciplinary actions are publicized on the board's official website, alongside the violation committed. This means the general public can see them. Some of the disciplinary actions the board can impose include the following:

  • An investigation without or with a letter mentioning the case has been closed, though it will remain in files for three years. This is not deemed formal disciplinary action.
  • A citation without or with a fine. If you committed a minor violation, the board might issue a citation with or without a fine. This disciplinary action becomes accessible to the public for three years.
  • A public reproval or reprimand. This is a form of discipline the board issues for minor violations. A reproval will not generally limit your license. However, like most disciplinary actions, reprimands are public records.
  • License probation. This is when the board subjects you to restrictions for a specific period. In this case, you can continue practicing your profession with a conditional license. You will also be subject to the restrictions mandated by the board. The specific restrictions the board imposes will be based on the type of the supposed violation. If, say, your case involves regulated substance violations. In this case, the board may limit your ability to prescribe or order specific medications. If the violation involves more severe misconduct relating to regulated substances, the board may prohibit you from prescribing any drugs and need you to surrender your DEA permit.
  • License suspension. If the board suspends your license, you cease practicing medicine for a specific period. When that period ends, you can request a reinstatement and resume being a physician or surgeon. This disciplinary action goes to the board's website.
  • License revocation. You can no longer practice your career if the board revokes your license. This is the most severe form of disciplinary action. However, you may request that the board reinstate the license after a specific period.

Common Allegations Against Physicians and Surgeons

If you are a surgeon or physician, the following conduct can lead to a disciplinary process against you by the board.

  • Negligence, gross negligence, or incompetence. An example includes medical mistakes that lead to patient death or injury.
  • Professional misconduct
  • Boundary violations with patients, including forbidden relationships and improper conduct
  • Inadequate maintenance of patient records and charts
  • Prescribing mistakes. This includes prescribing pain drugs to people with an addiction and overprescribing. It also includes prescribing without the necessary exam and prescribing to oneself or family member
  • False advertising
  • DUI
  • Criminal arrests, charges, or convictions of crimes substantially related to the qualifications, duties, and functions of a physician or surgeon
  • Sexual misconduct, including sexual or inappropriate touching of patients
  • Failure to properly supervise registered nurses
  • A mental illness, substance abuse, or addiction that leads to impairment
  • Aiding and abetting the unlicensed practice of medicine
  • Kickbacks or fraudulent billing for healthcare services
  • Disciplinary action in another state or by another agency
  • Failure to comply with mandatory reporting requirements

The MBC requires physicians and surgeons to report when accused or found guilty of a crime. They must make the report within thirty days of charges being filed or a conviction. One of the board investigators will do a written follow-up, requesting additional details if necessary. They may also demand an interview. In particular circumstances, physicians and surgeons must also disclose reports on peer review to the board.

Appeal

If you are discontent with the judge's decision, you may petition it for reconsideration. You have 30 days from the date the board decides to file the petition. You can petition the board to reinstate a revoked license, reduce probation terms, or end probation afterward. Various periods apply before you can petition the board, as follows: 

  • Probation of below three years: At least one year before petitioning for early probation termination
  • Probation: A minimum of one year to petition to modify a condition.
  • License revoked or surrendered for physical or mental disorder: at least one year.
  • Probation of three or more years. You have at least two years before petitioning for early probation termination.
  • License revoked or surrendered for professional misconduct. You have at least three years. If you can prove good cause, the board might agree to reinstate your revoked license.

A board panel or an ALJ may hear your petition. The ALJ’s or panel’s decision will consider various factors, including:

  • Your activities or conduct since the board imposed the discipline
  • Professional ability
  • Your rehabilitative efforts

The board will not consider any petition while you serve a probation, jail, or prison term for a criminal offense. The same applies while an accusation or request to revoke probation remains pending.

You may appeal the ALJ’s or panel's final decision to the Superior Court. If still not content, move to the District Court of Appeal and California Supreme Court in that order. A skilled lawyer can help you with the appeal process.

Defense Strategies In a Complaint Review Process

Based on what stage your case is in and the circumstances, your lawyer comes in handy. They can develop defense strategies that help your case. Some of the defense strategies might include:

  • Creating an emotional and mental rehab strategy. Sometimes, a professional may suffer domestic violence, tragic loss, immense stress, or situational depression. In these cases, they do not need discipline. They need a recommendation or referral to see a therapist so they can grieve, understand their emotional state better, and develop a plan to regain and maintain their emotional well-being.
  • Developing a rehab plan if the case involves drug or alcohol abuse or addiction. This might include chemical testing and psychological evaluation to rule out chemical dependency. Alternatively, if necessary, suggest professional counseling to tackle any substance abuse problems. This may eventually mitigate board allegations.
  • Hiring an independent defense investigator to subpoena relevant records, interview witnesses, evaluate the evidence or scene, or secure computer metadata.
  • Hiring appropriate experts in the case at hand.
  • Meeting with board investigators or deputy attorney general to submit evidence to refute the allegations of misconduct or mitigate the level of discipline
  • Help you collect the necessary mitigation documents to support a rehab package.
  • Help prepare for an administrative hearing by collecting the necessary evidence.

Contact a Skilled Physician or Surgeon License Near Me

Dealing with an MBC complaint review process can be stressful and overwhelming. However, you need not do it alone. Working with a lawyer experienced in defending medical licenses makes all the difference.

At Sacramento License Attorney, we are ready to help you navigate the process, defend your legal rights, and protect your license. We aim to achieve the most favorable outcome with the least disruption to your practice. If someone has filed a complaint against you, call us at 279-242-4711 for a free, confidential consultation. We are here to support you throughout the way.