It takes money, dedication, and years to obtain the training, education, and practical experience to become an osteopath. So, your osteopathic medicine license is a highly valuable asset. Unfortunately, an accusation of malpractice can put your license at risk of suspension or cancellation, denying you the ability to earn an income or practice. Nevertheless, you are entitled to defend yourself against all accusations from the California Osteopathic Medical Board (OMB).
At the Oakland License Attorney, we understand the California statutes governing osteopathic medicine and have defended many osteopaths under investigation or facing formal board allegations. We will provide legal guidance and help you build a strong defense to secure a dismissal of disciplinary charges or a reduction in punishment.
The Functions of Osteopathic Doctors
Acquiring an osteopathic medicine license is a lengthy, expensive, and strenuous process. Osteopathic medicine is a branch of medicine that uses alternative approaches to treat various medical conditions affecting the human body, such as the nervous, circulatory, digestive, and muscular systems. This field of medicine operates on the concept that all body systems and tissues are interlinked and that when one system is affected, the entire body feels the effects. So, an osteopath identifies the source of the underlying health issue and rectifies it.
To become a doctor of osteopathic (DO), you must first complete medical school to become a medical doctor before you can pursue a specialization in osteopathic medicine and obtain a license. Once you obtain a license to practice in this field, you can handle patients with various medical issues, including heart problems, digestive issues, and central nervous system problems.
You attend to your clientele in various settings. You can work with emergency treatment departments as a surgeon to address medical emergencies. Also, you can advise patients with various chronic or lifestyle conditions like high blood pressure and diabetes on diets, exercise, and wholeness to help them manage the condition and live healthy. Your instructions to patients during appointments are crucial, particularly for those who follow them strictly, as they help with quick recovery.
Additionally, you are responsible for examining new patients, reviewing their medical history, and records to develop a future treatment plan tailored to address the underlying condition. So, you must possess the skills and knowledge to conduct accurate diagnoses through medical examinations and tests to address the primary problem.
Giving instructions and advising patients on healthy lifestyles is not the end of your responsibilities. You must maintain contact with your patients through counseling to ensure they adhere to the recovery rules. The professional guidelines you provide to your patients, coupled with regular counseling, will help them follow instructions strictly, leading to recovery. Because you have the power to influence your patients through the details you provide, ensure you offer useful advice that serves their interests.
You have several responsibilities as an osteopath and you serve your patients with their best interests. However, while you are helping people, you must do so while adhering to ethical and safety standards set by the OMB. With the wide scope and complex nature of your functions, it is easy to face an accusation from an unsatisfied client due to an honest mistake or a malpractice incident. A single malpractice accusation can result in license withdrawal or cancellation, making it necessary to have a license defense attorney in your corner to help you put up a solid defense so that you can continue practicing and preserve your reputation. Also, you should strive to satisfy the board’s rules and regulations to avoid any accusations that could threaten your practice.
Overview of the Osteopathic Medicine Board
California has approximately 7,000 licensed osteopaths. These osteopathic medicine professionals are licensed and regulated by the California OMB. However, issuing licenses and regulating this field of medicine are not OMB’s primary goals. The regulatory authority’s mission is to protect the public from harm caused by osteopaths who fail to meet the industry’s high standards. To achieve its mission of safeguarding the public, the OMB controls the licensing process by ensuring that only qualified and trained medical doctors are licensed to practice in the field.
Additionally, the board receives complaints from the clients regarding malpractice or misconduct and investigates them. If you are found guilty of a violation, the board imposes disciplinary measures depending on the gravity of the accusation.
Common Violations That Could Jeopardize Your OMB Issued License
Several actions or inactions can put you in trouble with OBM; these include:
Committing Insurance Fraud
Many patients rely on health insurance to pay their medical bills. Unfortunately, some osteopaths exploit the various health insurance schemes patients use by billing for services never provided, overbilling, double-billing, or billing for unrendered services. If, during practice you engage in these fraudulent activities, assuming that the patient or medical insurer will not discover them, you risk an insurance fraud accusation and investigation.
Engaging in Sexual Misconduct Involving Your Patients or Employees
It is against the law and OBM’s guidelines to engage in unwanted sexual behavior with your patients or workers. If you do, the victim could report you to the police, and the matter would later reach the OBM, triggering a disciplinary process. When examining a patient’s full body for a diagnosis, you are required to maintain a safe distance and if you want to advance, request the patient to do so to keep them comfortable, as touching them without their confirmation would be alarming. Touching a patient without affirmation, even though you had no ill intentions, could trigger dissatisfaction that could lead to a sexual misconduct allegation.
California has strict workplace sexual harassment laws. It is unlawful to engage in unwanted sexual conduct with your subordinates, coworkers, or any other person. If an assistant or coworker accuses you of sexual misconduct, it could trigger a board investigation, putting your license on the line.
Drugs or Alcohol Abuse on the Job
The medical field demands high standards because of its complexity and the fact that human health and life are on the line. Alcohol or drugs impair your judgment, vision, perception of danger, and motor skills. Your judgment, perception, and vision are crucial during diagnosis. If you make the wrong call during diagnosis, you fail to treat the underlying problem, defeating the purpose of osteopathic medicine, which is to offer alternative treatment by treating the underlying problem. Intoxication impairs your ability to provide high-quality medical care, which is why the board takes these allegations seriously. OBM can even impose an interim license suspension to avoid putting your patients in danger, pending investigation and disciplinary action.
Prior Criminal Conviction
A criminal conviction with a substantial relationship to your profession can affect your license application if the record is discovered during the licensure process or result in license cancellation or withdrawal if the record is reported or discovered after the board has issued you a permit. Business and Professions Code 490 permits the OMB to review your criminal record and take disciplinary actions if they discover details of a prior criminal conviction. However, if a record or guilty verdict has no substantial relationship to your responsibilities, it will not affect capacity to practice. So, when an accusation stems from a previous criminal conviction, your attorney can challenge it during a board meeting, asserting that it has no significant relationship to your professional permit and therefore should not affect your ability to practice.
Crimes deemed to have a substantial relationship to osteopathic medicine and whose conviction can adversely impact your license are:
- Drunk or drugged driving
- Domestic battery or violence
- Sexual battery
- Grand or petty theft
- Simple possession or possession with intent to sell
The OMB can still initiate a disciplinary proceeding by considering related offenses for which you served probation or entered a plea deal. In these situations, your attorney should present mitigating circumstances, such as proof of rehabilitation, to compel the board to impose lenient disciplinary measures for your violation.
Providing Unnecessary Medical Treatment
Some osteopaths can generate extra income by offering treatment procedures that the patient does not need, contingent on the underlying health issue. They can do this by prescribing additional medications or scheduling more appointments than necessary. Most patients or caregivers might seek a second opinion if they do not experience any changes or find the treatment unnecessary. The second doctor is the one who usually uncovers the tricks you have been using to exploit your patients for undue financial gain. The patient or the doctor could report the malpractice to the board, denting your credibility and attracting a license suspension or cancellation.
The reason osteopaths continue with this exploitation is that many patients have limited knowledge and treatment. The fact that they cannot question your instructions and advice makes it easy for you to provide treatment they do not need.
Working with Unlicensed Assistants
If you learn your practice, such as a clinic or hospital, you must hire several support staff, including nurses and lab technicians. Recruitment is a serious process that requires you to run background checks on potential employees to assess their education, criminal records, and other qualifications for the various positions. Hiring qualified and licensed assistants can be expensive and this can prompt you to consider applicants demanding the lowest rates in the industry.
Typically, most of those demanding low pay might be unlicensed or unqualified for the position. It is easy to be tempted to hire the unlicensed support staff to save money, which is a violation of the ethical and safety standards of OMB and can result in an accusation and disciplinary action if it is discovered you have hired unlicensed assistants. The board imposes severe punishment for this violation because unlicensed or uncertified medical assistants pose a risk to the welfare and health of patients at risk and could result in severe injuries or death. The type of punishment you will face for this violation hinges on whether the patients suffered harm or death from the malpractice.
Possible Punishment When Found Guilty of a Disciplinary Charge
If you are guilty of a violation, the OMB will impose various punishments depending on the severity of the disciplinary charge.
For small violations, the regulatory authority can impose a citation, a fine, or a letter of reprimand. A reprimand and an abatement order are issued to warn you of your conduct and inform you that a similar violation in the future will attract severe consequences.
Another lenient punishment is a citation, which can be private or public. A citation is an official violation or non-compliance notice issued by the board. It is a formal writing stating the law you have violated. If it remains private, it can have little to no damage to your license. However, when the OMB posts the letter on its website, your clients can see it, damaging the credibility of your practice. Fortunately, an experienced attorney can challenge the public citation and compel the board to keep it private. However, you must notify the attorney about the notice on time so that they can have time to challenge it.
In severe violation, you risk a permit revocation or withdrawal if the board confirms your accusations are true. If your license is revoked, you are banned from practicing indefinitely. However, your attorney can submit mitigating evidence to convince the OMB to stay the revocation and impose probation. With the revocation stayed, you are allowed to practice for the duration of probation but under strict conditions. These conditions include:
- Self-reporting to the relevant parties, including your employer and business partners, such as your malpractice insurer.
- You cannot supervise nurses or doctors’ assistants
- You must adhere to state and federal statutes
- Attending OMB interviews when needed
- Paying victim restitution and probation fees
- Relinquishing your physical license to the board for breach of probationary conditions
- Submitting probation conditions compliance reports
- Informing the board whenever you cease practice for at least 30 days
If you complete the probation term without a violation, the board will clear you to operate without restrictions. Your attorney should explain the conditions and keep close contact to ensure compliance. Additionally, they should negotiate for a short probation term and favorable conditions to reduce the possibility of a violation.
Find an Experienced Osteopathic Medicine License Defense Attorney Near Me
The worst experience of a DO is receiving an investigation or formal accusation notice from OMB, regarding a violation. A credible accusation, however minor, puts your osteopathic medicine license at risk of a suspension or cancellation. These disciplinary measures can have devastating consequences on your career and income; hence, you need a skilled attorney to defend your license.
At Oakland License Attorney, we know reaching your level is expensive, time-consuming, and strenuous, which is why we will defend your permit aggressively to maintain your credibility and enable you to continue practicing. Contact us at 510-250-4709 to schedule an appointment.
