Being a physician or surgeon is a rewarding career but can pose challenges. The medical board monitors your work and conduct since you directly impact patients' health and well-being. You must avoid committing crimes or civil violations that could result in the state medical board suspending or revoking your license. You could face disciplinary action from the board if they receive complaints from the public or patients about your practice. You should seek the services of a reputable license attorney if you are under investigation by the board or facing accusations regarding your services. At the Kern County License Attorney, we have experienced attorneys who can defend your professional license.

Roles of Physicians and Surgeons

Typically, physicians and surgeons treat patients suffering from different medical conditions. They perform physical examinations, examine test results, and develop treatment plans in line with a patient's needs. Surgeons perform operations and counsel patients on surgical options. Both physicians and surgeons rely on their extensive training to treat patients and improve their health.

A physician can pursue a specialization in medicine in a medical school. The specializations could include anesthesia, cardiology, and pediatrics. Pediatrics training prepares graduates for careers such as pediatricians, treating children suffering from different medical problems. Cardiology focuses on the heart, training graduates to diagnose and treat cardiovascular system diseases. Anesthesiologists study anesthesia and the administration of pain relief drugs to patients.

Surgeons can also specialize their training in medical school—for example, an orthopedic surgeon diagnoses and treats muscle and bone disorders. An orthopedic surgeon can repair broken bones, perform knee replacement procedures, and treat congenital conditions like hip dysplasia. In addition, an orthopedic surgeon can specialize in a subfield like sports medicine or a particular part of the musculoskeletal system.

Physicians and surgeons can work in medical research, public policy, or academia in addition to patient care. For example, a professor of medicine teaches medical students and treats patients as well. Physicians in medical research and public policy help advance medical science and apply medical knowledge to improve public health.

Regardless of your specialization, a simple mistake can cost you your license and livelihood despite your training and the help you offer society. A patient could file a complaint about your services.

The Duties of the Medical Board of California (MBC)

The Medical Board of California (MBC) takes misconduct complaints against physicians and surgeons seriously. You require a skilled and reputable attorney to protect your rights and license. The board generally regulates and monitors licensed physicians, surgeons, podiatrists, physician’s assistants, psychiatrists, and other medical professionals. It has a complaint or enforcement unit that investigates alleged and reported criminal and administrative violations.

A board disciplinary action or investigation can threaten your license and career. During the investigative stage, your attorney can assist you in responding to the board’s inquiry. You can respond in writing or person during an investigative interview. If your attorney responds effectively, the board’s complaint unit can close an investigation without a formal accusation.

The emotional and financial costs of a formal accusation are overwhelming. An investigation can also taint your profession, given that the allegations and charges are often public. Your disciplinary actions will appear on the board’s website, and people will access this information through the online lookup system Breeze. Your disciplinary action could also be published in the quarterly newsletter. The damaging effect will remain even if the board dismisses your accusations later.

Therefore, you should hire an experienced attorney early on. You need an attorney who understands the complexities of defending a physician or surgeon’s license. The attorney should be able to protect your medical license, whether your licensing problems arise from a criminal matter or an allegation filed by the board.

The Disciplinary Action You Could Face From The Medical Board

Some of the disciplinary actions you could face include:

  • Revocation of your license — If the licensing board revokes your license, you will not be allowed to practice medicine. However, you can petition the board to reinstate your license after a certain period.
  • License probation — The board could restrict you for a certain period. You continue to practice your career with a conditional license. During probation, you will be subject to the limitations imposed by the board.
  • The board filed an allegation — This is a legal filing that the board could make public on its website.
  • A citation with or without a fine.
  • An investigation can be conducted with or without a letter notifying you that your case has been closed. However, your case could remain on file for three years. This is not a formal discipline.
  • A public reprimand is a discipline that could be faced if you have committed minor infractions — Generally, reprimands do not restrict your professional license. If the complaint cannot be dismissed, this is often a preferred outcome of an investigative or disciplinary process.

Whether A Reprimand Is Better Than Other Forms Of Discipline

The main goal in any healthcare license investigation is to have the case dropped or have the board issue a citation. If the board is to issue a disciplinary action, a public reprimand is the best outcome. There are two reasons why a reprimand is good. A reprimand does not lead to practice restrictions on your license or practice. Your ability to work in your profession and earn a living will not be affected. Other forms of discipline, like revocation and suspension, will stop you from practicing.

A reprimand will not result in other conditions beyond discipline on your license. For example, you could be on board probation following a DUI conviction. You will work, but you could have other restrictions like:

  • Submitting to random drug and alcohol testing.
  • Attending 12-step meetings.
  • Employment supervision.

You will not be subject to the above restrictions if you receive a public reprimand. However, a reprimand is still a form of disciplinary action. Prospective employers, co-workers, and the public can access the reprimand on the board’s website. However, it is likely the best option short of dismissal if you face disciplinary action.

If a person searches for information about your accusation online, he/she can easily access it. This could include an accusation made in a complaint. A reprimand could be issued after an administrative hearing or according to a stipulated settlement. You should hire an attorney fast if you are under investigation or facing an accusation by the Medical Board of California.

The board’s investigations can be incredibly intimidating. If you find yourself in this situation, consult a reputable attorney. A reasonable attorney will guide you and advocate for your best interests.

Defending Your Interests When Facing Disciplinary Action

You could face disciplinary action because of the following accusations:

  • Sexual misconduct.
  • DUI.
  • Failure to abide by mandatory reporting requirements.
  • Criminal arrests, charges, or convictions.
  • Chemical dependency.
  • Inadequate maintenance of patient records and charts.
  • Boundary violations.
  • Excessive prescribing of opioids.
  • Non-Therapeutic Prescribing.
  • Professional misconduct.
  • Negligent quality of care.
  • Peer review.

You should report to the board’s complaint unit when you face charges for a felony crime. You should also inform the board if you are facing misdemeanor charges. The board requires you to report within 30 days of the date of the indictment or the conviction. If necessary, the board investigator could request an interview with you or follow up in writing requesting additional information. In some situations, peer review reports must be disclosed to the board.

Your attorney will evaluate the best action by examining your case and taking a proactive, understanding approach. An attorney will represent you in all phases of disciplinary proceedings, including:

  • Investigative process.
  • During contested hearings before the Office of Administrative hearings.
  • After the filing of complaints.
  • When an investigation commences.
  • After the filing of the statement of issues.
  • Denial of licensure.
  • Issuance of investigative subpoena applications for licensure.

Your attorney’s defense strategy could include the following, depending on your circumstances:

Developing a Rehabilitation Plan If Addiction Is The Problem

This could include a psychological assessment and chemical testing to rule out drug addiction. Your attorney can also recommend professional counseling to deal with any drug abuse issues. This could mitigate allegations with the board. The legislature stopped the Board’s diversion program in 2008 because it failed to protect the public adequately.

Developing an Emotional and Mental Rehabilitation Strategy

At some point in life, you could suffer situational depression, instances of domestic violence, tragic loss, or even go through a long period of immense stress. In this situation, you do not need disciplinary action by the board but a recommendation or referral to see a therapist. This is where you can grieve, understand your emotional state better, and develop a strategy to regain and maintain your emotional well-being.

The other defensive strategies could include the following:

  • Your attorney can help you gather essential mitigation documents to support a rehabilitation package. An attorney will help you prepare for the hearing by the Office of Administrative Hearings.
  • Hiring a defensive investigator to interview any witnesses, evaluate the scene or evidence, secure computer data, and issue subpoenas of relevant records.
  • Hiring the right experts for the problem at hand.
  • Requesting a meeting with the board’s investigator or Deputy Attorney General to present evidence to mitigate the degree of discipline or refute the allegation that misconduct occurred.

FAQ About Physicians and Surgeons Licenses

The following are the commonly asked questions about physicians' and surgeons licenses:

Which Steps Should I Take If I Am Being Investigated?

If you learn that the Medical Board of California is investigating you, consult an attorney. Your attorney can help you develop the best defense strategy against your case. When the board’s investigator contacts you, avoid speaking to him/her. Instead, talk to the investigator only in the presence of your attorney.

Avoid reaching out to the board to explain your case. Any information you divulge to the investigator or the board could be used against you in a criminal prosecution or an enforcement proceeding. Similarly, you should avoid giving any documents to the board before talking to your attorney. The document can be used against you in court.

You should also avoid talking to your co-workers about your case, even if it is hard to keep quiet when you are under the stress of an investigation. The information you share with your co-workers and friends could also be used against you. However, when you share it with your attorney, the attorney-client privilege protects the information.

Can I Represent Myself Before The Board?

You can represent yourself before the board. However, representing yourself is rarely in your best interests. An attorney can represent you throughout the investigation and disciplinary process. The boards' investigations are formal processes that often result in disciplinary action. The disciplinary action could include having your license suspended, revoked, or put on probation. In some situations, an investigation could result in a criminal conviction. You can protect your license and freedom if you seek legal representation.

The mission of the board is to protect patients or the public and promote the highest standards in the practice of medicine. The members of the administrative board could be your peers but not your friends. Their goals do not align with yours during investigations and disciplinary proceedings.

Can I Get Back My License After A Disciplinary Action?

You could request relief after disciplinary action. The Business and Professions Code allows you to petition the board to have your license reinstated after a suspension or revocation. You can also petition the board to have your probation terminated or modified. You can file your petition after a designated period.

Find a Reputable License Attorney Near Me

As a physician or surgeon, do not give up the chance to keep improving the well-being and health of your patients. You can still return to work even if the state medical board suspends or cancels your physician license. Contact the Kern County License Attorney if you face disciplinary action that could jeopardize the validity of your professional license. Our experienced medical board attorneys can offer you the necessary license defense services. We will strive to defend your license, reputation, and career based on our wealth of expertise and experience. We will also endeavor to lessen the burden of handling any action taken against your professional license. We will go out of our way to achieve the best outcome for your case. Call us today at 805-702-8560 to talk to one of our license attorneys.