If you are one of the more than 7,000 licensed psychiatrists working in California, you know that you have selected an extremely challenging profession that requires a lot from you on a daily basis. And you’ve invested a lot to get to where you are: more than a decade of higher education, plus years of residency training, then perhaps a fellowship, on top of the time you spent preparing for and taking your physician exam as well as your ABPN certification exam.
With so much time, effort, and money invested in your career, you need to take it seriously if you have been accused of misconduct. When the State Medical Board of California notifies you that someone has filed a misconduct complaint against you, that is the time to reach out to the LLF National Law Firm’s Professional License Defense Team for help. Our experienced attorneys can protect your rights and defend you through the entire disciplinary process. Call us today at 888.535.3686, or fill out our contact form to schedule a confidential consultation with one of our experienced attorneys. Tell us about the allegations you’re facing, and let us tell you how we can help.
State Medical Board of California Licensing
The State Medical Board of California issues licenses to physicians who wish to practice as psychiatrists. The Board is responsible for evaluating license applications, issuing licenses, renewing licenses, regulating continuing education, and responding to misconduct complaints. It is the Board that will notify you if a misconduct complaint is filed against you, and the Board will be responsible for conducting the investigation and deciding whether to pursue misconduct charges against you as a result.
The State Medical Board of California’s Licensing Authority
California’s Medical Practices Act gives the Medical Board of California the authority it needs to issue and renew licenses, set continuing education and practice standards, and discipline physicians, including psychiatrists, in the state. The Board requires applicants to undergo a background check for criminal convictions that could result in the Board denying their license application. The types of crimes that can result in a license denial include serious felonies, including ones that require the applicant to register as a sex offender, financial felonies related to their role as a fiduciary, or another crime that is “substantially related” to the practice of psychiatry.
The standards for denying a license because of a past criminal conviction, however, are not always clear, and the Board may not always apply them fairly or evenhandedly. Providing the Board with enough information so that they can evaluate your conviction and, where it will help, how you have rehabilitated yourself since your conviction, can make a significant difference in how your application is evaluated.
The LLF National Law Firm’s Professional License Defense Team understands the issues that are important to California’s Board of Medicine when it is considering a license application from someone with a criminal history. We can help you prepare your application so that it gives the Board the information it needs to fairly consider it, to give you the best chance of having your application approved. And if it is denied, we know how to appeal the denial to give you another chance.
The State Medical Board’s Authority to Regulate Psychiatrists
California’s State Medical Board is also responsible for regulating the conduct of psychiatrists and other physicians and surgeons in the state. When it receives a complaint that a psychiatrist has committed misconduct, the Board will review it to determine whether the complaint alleges the kind of conduct that the Board has the power to regulate.
In some cases, it will not move forward with the matter; as the Board’s website notes, “The Board does not have jurisdiction over a medical provider’s attitude, bedside manner, demeanor, office staff, or prices charged or refund disputes with a medical provider unless there is a double payment by the insurance company.” The website also states that news reports cannot be relied on as evidence in formal disciplinary proceedings, and that the Board will not become involved in situations where patients are seeking “financial compensation” for malpractice.
The Board’s Central Complaint Unit (CCU) is responsible for handling incoming complaints and reviewing them to determine whether the Board has jurisdiction over the issues raised in the complaint. The CCU will contact the psychiatrist with a summary of the allegations so that the psychiatrist can provide a response.
This is when you should contact the LLF National Law Firm’s Professional License Defense Team for help. Failing to respond when you have an opportunity to provide “your side of the story” can result in the CCU deciding to move forward with an investigation against you instead of dropping the matter because of the information you provided. And when you work with an experienced professional license defense attorney to prepare your response, it is more likely that your response will include information that can help the CCU fairly evaluate your case – and decide that no investigation is required.
In cases where the CCU decides that a more thorough review is necessary, it will forward the matter to a medical consultant. If the consultant decides that more information is needed, the matter will be referred to the Division of Investigation/Health Quality Investigation Unit (HQIU). In some cases, where the complaint alleges urgent issues such as sexual misconduct, the matter may be referred immediately to the HQIU. If your matter is referred to HQIU, you will be notified. You will have the opportunity to send a written statement to the CCU about your case, and of course, it is likely that the HQIU will interview you at some point during its investigation.
Investigations can take some time. According to a 2024 Medical Board Staff Report, the average HQIU investigation takes well over 500 days. This is a long time to be under the cloud of an investigation. Working with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team can help you get through that long and difficult period. We will stay on top of your case and can be your point of communication with the CCU and HQIU about your case and the investigation. You can focus on your practice, while we make sure you are prepared for any interview that might happen, that you respond in a timely and helpful way to requests for information, and that you understand what is happening with the process.
In some cases, we may also conduct our own investigation of the allegations made against you, in case the HQIU investigator has focused too heavily on evidence that can be used against you and neglected evidence that can be used in your defense.
Disciplinary Actions Against Psychiatrists in California
There are a number of reasons why the State Medical Board of California may take disciplinary action against a psychiatrist. Some of these are detailed in California statutes, and include:
- Repeatedly excessively prescribing medications or treatments for patients
- Sexually abusing a patient or engaging in sexual relations with a patient
- Making a fraudulent insurance claim in connection with their practice
- Being convicted of a crime that is “substantially related” to the practice of psychiatry, including pleading guilty or nolo contendere to such a charge
- Using fraud or deceit to secure their license
- Using controlled substances or practicing psychiatry while under the influence of drugs or alcohol
- Accepting rebates or commissions for client referrals
- Falsely advertising their services
- Committing fraud or a “dishonest act” that is “substantially related” to their practice
- Practicing psychiatry in an incompetent or negligent manner
- Violating the terms of an order of probation issued by the Board
- Being disciplined by another state’s licensing agency
There is a range of penalties that the Board can impose on a psychiatrist found to have committed misconduct. These include:
- A private warning letter, typically for lesser forms of misconduct
- An order directing the psychiatrist to complete one or more continuing education courses
- A public letter reprimanding the psychiatrist for the misconduct
- Placing the psychiatrist on probation, typically with conditions that must be met before the probation will be lifted, and with the costs of probation monitoring to be paid by the psychiatrist
- Suspending the psychiatrist’s license for a period of up to one year
- Revoking the psychiatrist’s license
The Board also has the right to take “any other action” that the Board “may deem proper.” This can include a confidential “letter of advice” from the Board to the psychiatrist to resolve minor misconduct that is not related to patient care, which may include an agreement by the psychiatrist to complete one or more relevant continuing education courses.
Complaints can be filed by members of the public online. The Board maintains an online complaint submission page where individuals can easily file complaints and provide the Board with the necessary releases so that the Board has access to patient records. While the Board will accept anonymous complaints, it notes that it “has a difficult time investigating these complaints.”
Procedures in Disciplinary Cases Against Psychiatrists in California
After the investigation phase described above is complete, the Board will decide whether there is enough evidence against the psychiatrist to move forward with disciplinary proceedings. Where the Board believes that the psychiatrist violated the Medical Practice Act and should be disciplined as a result, it will forward the matter to the California Attorney General’s Office. That office will prepare what is called an accusation against the psychiatrist that will list the charges being brought against them, and the sections of the law that the psychiatrist is accused of violating.
While the psychiatrist is entitled to an administrative hearing on the charges brought against them by the Attorney General’s Office, in many cases, the matter will resolve itself with a settlement. The terms of any settlement can be negotiated. By working with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team, you increase the chances that you will be able to negotiate an effective settlement that will preserve your ability to practice. You will benefit from our years of experience helping other professional licensees, including psychiatrists, in disciplinary cases all across California.
Cases that do not settle will proceed to an administrative hearing. This will be very similar to a court proceeding, and will typically involve witness testimony (and cross-examination), the introduction of documentary evidence, and arguments by both sides. Here, too, it is far better to be working with an experienced professional license defense attorney than to try to defend yourself. When you consider how much time, money, and effort you have spent to secure your psychiatrist license in California, it makes sense to invest in a strong defense to protect what is probably your most valuable personal asset.
The LLF National Law Firm is Ready to Defend You Against Disciplinary Allegations in California
If you are a psychiatrist practicing in California and have been notified that someone has filed a misconduct complaint against you, contact the LLF National Law Firm’s Professional License Defense Team for help. Our experienced attorneys are ready to help you protect your license and your future, no matter where you are located in the state. From San Diego, to Los Angeles, to the Bay Area, to Sacramento, and on up to the Oregon border, we are ready to answer your questions and to help.
Our professional license defense attorneys understand California’s laws, regulations, and requirements that apply in misconduct cases brought against psychiatrists and other health care professionals. We know how important your license is to you and your livelihood, and we also know how stressful it can be to find yourself under an investigation that may easily continue for more than a year.
Don’t try to defend yourself when misconduct allegations are made against you. Get the experienced help you need by calling the LLF National Law Firm’s Professional License Defense Team at 888.535.3686, or by filling out and submitting our online contact form. We will schedule a confidential consultation to go over the allegations you are facing in detail and to explain how we are able to help.