As a physician or surgeon, no doubt you have spent a great deal of time, energy, and money in your profession. However, if you want to pursue this noble career of improving people’s health and saving lives, there is one last step you must take. The MBC (Medical Board of California) requires you to secure a professional license to offer your services lawfully.
After securing your practice license, you must also comply with the board’s rules and regulations. These rules help protect the public’s health and safety, and the board will take all necessary steps to enforce them. If you have received a notification of a pending investigation, you should act swiftly, even if you believe the allegations are true or unsubstantiated.
Our skilled attorneys at Oakland License Attorney understand how important your physician or surgeon practice license is to your livelihood and career. If your license is at risk for suspension or other disciplinary action by your licensing board, we can help you secure a positive outcome.
Steps to Take After Receiving the Board’s Letter of Investigation.
After receiving the board’s letter of investigation, it is crucial to take the following steps to increase your odds of securing a positive outcome:
- Review the Notice Thoroughly
Ensure you read the notice of investigation carefully to understand the allegations and the specific complaints the board has against you. Ensure you respond to or provide the necessary information regarding the allegation in a timely manner.
- Gather Relevant Documentation
Gather all important documents, including patient records, and other documents that might be useful for your case. This information will help your attorney craft an appropriate legal defense to help challenge your alleged violation or complaint.
- Consult with an Experienced License Defense Attorney
Seek legal counsel from an attorney who specializes in medical licensing issues and has helped several surgeons and physicians before challenging the boards’ complaints. The attorney you choose can provide guidance on how to navigate the investigation process and help protect your rights.
- Prepare a Detailed Response
Work with your attorney to craft a comprehensive response to the board’s allegations. Ensure that your response addresses each point raised in the notice and includes any supporting evidence, including your eyewitness statements.
- Maintain Professional Conduct
While receiving a notice of the board’s investigation can be stressful, you should continue to uphold the highest standards of professionalism in your practice throughout the process. Avoid discussing the investigation with patients or staff to prevent any potential misunderstandings or disclosure of information that the board could use against you.
- Cooperate with the Board’s Investigators
After receiving the board’s notice of investigation, you should be ready to interact with its investigators, whose main aim is to find evidence on the case. Ensure you cooperate with the officers, but be careful not to disclose more than is necessary.
- Stay Informed About Your Rights
Familiarize yourself with your rights throughout the investigation. Understanding your legal protections can help you navigate the situation more effectively. For example, you have a legal right to:
- Stay silent
- Cross-examine the available evidence
- Right to stop responding to the board’s officers’ confusing questions
- Consider Continuing Education
If applicable, consider enrolling in continuing education courses to demonstrate your commitment to professional development. Doing that can also help mitigate any concerns the board may have regarding your practice.
- Prepare for Possible Outcomes
Understand the possible consequences of the investigation, including sanctions or disciplinary actions, and talk to your attorney about these possibilities to develop a solid plan for each scenario
The rule of thumb when facing any allegation that could compromise your practice license is to maintain regular communication with your attorney throughout the process. Doing that ensures that you are updated on any developments in the alleged case and can respond promptly to any requests from the board to increase your odds of securing a desirable outcome.
How the MBC Regulates Holders of Medical Licenses
Like any other medical practitioner, if you are a licensed physician or surgeon, you must comply with all the various regulations imposed by the MBC. Unlike what many medical practitioners assume, the MBC’s primary mission is to protect the public’s safety and health. They achieve this mission by:
Setting Guidelines and Regulations That Guide Licensees
The MBC has certain guidelines and regulations you must abide by as a licensed physician or surgeon. In addition to protecting the community’s safety and health, these regulations help maintain the overall standards of the healthcare profession. If you breach any of these guidelines and rules, even by mistake, you should consult with an attorney and explain the situation.
You should also stay updated on policy changes to avoid mistakes that could put your practice at risk of suspension or harsher disciplinary action.
Ensuring New Medical Practitioners Meet All Qualification Requirements
As mentioned in the previous sentence, you must secure a practice license from the MBC after completing your medical school education. When applying for your practice license to kickstart your career as a physician or psychologist, the board will expect you to provide your school certification, residency status, internship, and any other relevant documents, including your application fee receipt.
Receiving and Investigating Complaints From Your Clients and the Public
The MBC is responsible for receiving and investigating complaints of misconduct and criminal allegations against licensed medical practitioners, including physicians and surgeons. Investigating these complaints promptly not only helps in resolving issues but also demonstrates a commitment to patient care and safety.
The board will classify all allegations against licensees based on the seriousness of each case. The outcome of the investigation will determine whether the board dismisses your case or schedules a formal hearing before an administrative law judge.
Disciplining Medical Practitioners
Common outcomes of the administrative hearing include a dismissal of your case or disciplinary action. If there is sufficient and clear evidence to prove that the allegations against you are true beyond a reasonable doubt, the MBC will take disciplinary action. In addition to punishing you for your violation, the board’s disciplinary actions serve as a deterrent to medical practitioners with similar behavior.
The more serious your misconduct or criminal case is, the harsher the disciplinary action you are likely to face at the end of the administrative hearing. If you have a conviction for a serious offense like rape, the board could revoke your physician or surgeon practice license.
The MBC’s Disciplinary Actions That You Could Face
The board has several ways to resolve complaints against licensed physicians and surgeons. The disciplinary action you are likely to face for your actions will depend on various factors, including the following:
- Whether you have a past disciplinary record
- Whether the patients sustained an injury
- Amount of money involved
- Whether you have a criminal record
- The seriousness of the complaint filed against you
If the evidence filed against you is insufficient, the board will dismiss the case, and you will not receive any other notice regarding the allegation. However, if the evidence presented against you is convincing beyond a reasonable doubt, you could face any of the following disciplinary actions:
A Citation
The MBC could issue a citation if you are a first-time offender and your case is non-serious. A citation acts as a warning against any further violation. On top of that, the board could require you to pay a fine for your violation. While citations and fines will not affect the status of your practice license, these disciplinary actions could significantly impact your reputation.
A Reprimand
The MBC could also issue you a reprimand letter instead of a citation in a non-serious case. While it is a warning against further offenses, this disciplinary action will appear on your record, affecting your reputation and eligibility for future job opportunities.
License Suspension
The MBC could decide to suspend your practice license for a specific period if your offense or violation is serious. If you depend on the license to earn your income, you must find an alternative source of income during the suspension period.
License Revocation
License revocation is a serious disciplinary action, often reserved for crimes involving the injury or death of another person. License revocation means that the board has canceled your license, and you cannot continue offering your services for an indefinite period.
Complaints That Could Make the MBC Take Any of the Above Disciplinary Actions Against You
Various complaints and allegations could put your physician’s or surgeon’s practice license at risk of suspension or revocation. As mentioned in the previous paragraph, the MBC is responsible for receiving and investigating complaints against licensed medical practitioners, including surgeons and physicians.
If the allegations are unsubstantiated, the board may dismiss them without disciplinary action against you. However, if there is sufficient and clear evidence against you, the board will take an appropriate disciplinary action against you. Common complaints that could attract the board’s harsh disciplinary actions against your physician or surgeon license include the following (but are not limited to):
- Negligence — Failure to provide the standard of care expected in the medical field, leading to patient harm, could count as negligence
- Fraud — Engaging in deceptive practices, including falsifying patient records or billing for services not rendered, is a breach of your licensing board rules.
- Substance abuse — You violate the board rules when you abuse drugs or alcohol, which impairs the physician’s ability to practice safely
- Sexual misconduct — Inappropriate sexual behavior or relationships with patients can lead to severe disciplinary actions, including license revocation
- Incompetence — Demonstrating a lack of necessary skills or knowledge to perform medical procedures safely and effectively is another issue that could compromise your license.
- Criminal activity — Being convicted of a crime, especially those involving moral turpitude or violence, including transportation of controlled substances, can lead to license revocation
- Patient abandonment — Leaving a patient without adequate care or without proper transition to another provider is a breach of the board’s requirements and regulations
- Violation of patient confidentiality — Breaching a patient’s privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA). Disclosing your patient’s sensitive information without his/her consent, is a professional misconduct issue that can jeopardize your practice license
How an Attorney Can Help During the MBC’s Investigation Process
When you receive a call from the board’s investigations about an alleged complaint, speaking to them without consulting an attorney is not advisable. Any information you disclose to the board’s investigations could be used against you at the administrative hearing, reducing your odds of securing a favorable outcome.
Hence, you retain the services as soon as possible after receiving the board’s notice of investigation. The attorney you will hire can help you secure desirable outcomes by:
- Arranging a meeting with the board’s investigators to negotiate a favorable outcome
- Obtaining eyewitness statements to help strengthen your case
- Working with the board investigators to secure a plea deal that will allow you to keep your license
- Gathering mitigating evidence that can help you secure a favorable outcome
- Presenting defensive arguments to challenge the alleged violation at the administrative hearing
- Recommending a state-approved rehabilitation facility if your case involves substance abuse
While every attorney was once an amateur, in a serious case that could jeopardize your practice license, working with a seasoned license defense attorney is key.
Steps on How to Reinstate Your Physician or Surgeon License After Suspension or Revocation
Fortunately, even after suspension or revocation of your practice license, all hopes of continuing with your career are not lost. Here are the steps to follow if you want to reinstate your physician or surgeon practice license after suspension or revocation:
- Determine your eligibility
- Request a reinstatement petition
- Secure a notice to appear
- Present your testimony to the MBC
- Wait for the MBC’s decision
If your reinstatement petition works in your favor, the board will reinstate your license and allow you to continue offering your services.
Find a License Defense Attorney Near Me
In the challenging landscape of medical practice, facing a board’s complaint can be daunting and potentially damaging to your career. As a licensed physician or surgeon, seeking the legal guidance of a knowledgeable license defense attorney who can help you navigate the complexities of the MBC’s disciplinary process is a wise idea.
By taking proactive steps and securing legal representation, you can protect your license and continue providing essential care to your patients. At Oakland License Attorney, we understand your professional future as a surgeon or physician depends on keeping your practice license.
If you are under investigation for a complaint that could jeopardize your license and career, we can intervene and provide the legal representation you need to secure a positive outcome. Call us at 510-250-4709 to schedule your consultation with us today.
