Like any Metropolitan area, Sacramento and the surrounding cities of Roseville and Arden depend on licensed physicians to provide quality healthcare. Accordingly, they are held to very high standards of conduct while working and in their personal lives. Physicians suspected of failing to adhere to these standards can face investigation and sanctions from the Medical Board of California.
Are you a physician in the Greater Sacramento area being investigated by the Medical Board of California? The board has the power to sanction, suspend, or even revoke your California medical license. With that said, the board’s powers are not absolute. You have the right to defend yourself against misconduct allegations, and we can help. Call the LLF National Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
The Medical Board of California
The California Medical Practice Act sets out the rules and regulations California physicians must follow to maintain a license in good standing and be allowed to practice professionally. These rules are enforced by the Medical Board of California, which investigates suspected violations and determines punishment for the offending physician. It also oversees the licensing process for California physicians.
The board also has the authority to create new rules or regulations for practicing medicine in California. This is a public safety agency with a tremendous amount of power, and the board will not hesitate to suspend or sanction the license of a physician that it believes poses a threat to public safety or the integrity of the profession.
The board has a legal obligation to investigate complaints against licensed physicians, and complaints can come from a variety of sources. Regardless of how you may have come under investigation, the best way to defend yourself is to convince the board that no violation occurred, and you don’t pose a risk to public safety. The Professional License Defense Team has successfully defended physicians from California Medical Board Investigations, and we can fight for you, too.
Potential Causes for Investigation
Physicians are critical in maintaining the general health of citizens in the Greater Sacramento area, and with that in mind, the Medical Practice Act has established numerous potential causes for investigation. These causes include, but are not limited to, the following:
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Negligence or failure to adhere to a reasonable standard of care
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Practicing medicine while under the influence of alcohol or drugs
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Committing acts of sexual misconduct while examining or treating patients
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Prescribing opiates or other controlled substances without proper cause and prior examination of the patient
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Having a patient die or suffer serious injury due to a physician practicing while under the influence of alcohol or drugs
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Being convicted of a felony
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Having a medical license that you hold in another state sanctioned for misconduct
How Complaints Are Filed and Who Can File Them
Complaints can be filed online in the enforcement section of the California Medical Board or in writing and sent directly to the board. It is an open complaint process, and anyone who believes you have violated the Medical Practice Act can file a complaint. Examples of who may be most likely to file complaints against you include:
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Current or former patients
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Family members or legal guardians of current or former patients
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Professional colleagues (e.g., nurses, physicians, and other medical professionals you work with)
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Your current or former employer
What Happens After Complaints Are Filed
The board has a legal obligation to investigate every complaint, and it assigns each complaint to one or more representatives with medical experience for review. As part of the complaint review process, the field office will seek the following documentation:
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Relevant medical records that will shed light on the patient(s) and treatment(s)
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A written statement from the physician named in the complaint detailing their treatment(s)
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Any supporting information, such as testimony or expert opinions from other physicians
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Any additional information the field office or medical board representative deems relevant to the investigation
Responding to a Request for Information from the Board
As noted above, the medical board field office serving Greater Sacramento will likely request a statement from you if you are named in a complaint. The Medical Practice Act gives you 10 working days to respond to the complaint and tell your side of the story. It is important to understand that the board will continue investigating even if you do not respond within the 10 working days allotted.
You must also turn over any requested medical records within 15 days of receiving the board’s request. Failure to provide the records is a violation of the Medical Practice Act that carries a fine of $1,000 per day (up to a maximum of $10,000) after the 15th day has passed. The board may also request a subpoena for the records, and failure to comply with these requests could result in additional fines and imprisonment for contempt of court.
Do not ignore the allegation, even if you think it lacks merit. Remember, it’s the opinion of the field office and the Medical Board that will matter in this situation. With that said, it’s critical to understand that the board’s investigation is open-ended. That means they can begin an investigation into one complaint and open a second investigation based on information they uncover.
That includes any information you may reveal in your written statement or the medical records you are required to turn over. This is why we strongly suggest contacting the LLF National Law Firm Professional License Defense Team immediately after being notified that a complaint has been filed. We have extensive experience helping physicians write statements that truthfully address the issues in the complaint without exposing them to additional sanctions.
Field Office Investigations
The board may dismiss the complaint without further action if the medical experts assigned to review it do not find sufficient evidence to believe a violation has occurred. However, if the medical experts believe there is cause for further investigation, the complaint will be forwarded to a field office in the Greater Sacramento area for a full investigation.
The investigator may contact you for an interview or request other medical records they deem necessary to determine whether a violation has been committed. If the investigator finds you in violation, they will refer the matter to the Attorney General, whose office will prepare an official accusation against you. At that point, the Attorney General will serve you with formal notice of the charges.
You Have Only 15 Days to Respond to Charges
Being served with formal charges by the Attorney General means the Medical Board believes its investigation has uncovered enough evidence that you have violated the Medical Practice Act, and it is preparing to sanction you. You have the right to fight for your license by requesting a hearing with an administrative law judge, but you only have 15 working days from the date you were served with charges to do so.
If you have not already contacted the LLF National Law Firm Professional License Defense Team, we strongly suggest you do so immediately after being served with formal charges. The request for a formal hearing must be filed in a specific manner. If you don’t request the hearing within the 15 days, or the request is not properly filed, you will lose this due process right, and the Medical Board will proceed with whatever sanction(s) it deems necessary.
You Have the Right to Counsel at Administrative Hearings
If you request a hearing before an administrative law judge, you also have the right to be represented by counsel. The hearings function something like a trial, where you have the opportunity to dispute the evidence against you and also to submit evidence in your favor. After the conclusion of the trial, the administrative law judge will consider the evidence and make a formal recommendation to the Medical Board.
The board reserves the right to accept the administrative law judge’s recommendation, in part, or not at all. It maintains the ultimate authority to issue whatever disciplinary sanctions it deems necessary. That could entail increasing or decreasing the severity of the punishment recommended by the administrative law judge.
Potential Sanctions
The board has a wide range of potential sanctions it can apply after a violation (or violations) have been committed. In the case of what it deems to be a minor violation, the board may issue a warning letter. In the case of more serious violations, the board can take more punitive measures, which may include:
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Revoking your license to practice medicine
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Suspending your license to practice medicine for up to 12 months
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Place your license on probationary status with whatever restrictions the board deems necessary
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Issuing a public reprimand and requiring you to complete re-education courses that the board deems necessary
It should also be noted that you will be responsible for the cost of any probation-related restrictions imposed by the board, such as continuing or re-education classes, counseling, or drug and alcohol testing. Other probationary restrictions may include limiting the scope of your ability to practice. In that instance, you will be required to disclose to patients that you are unable to provide the restricted medical services.
Long-Term Consequences of Sanctions
Board sanctions can negatively impact your career in several different ways. First, they become matters of public record that any potential patient or employer can find by conducting a license lookup of your disciplinary history on the board website. The presence of sanctions could cost you opportunities to treat new patients and limit your employment options.
Second, if you are licensed in another state, you will likely be required to report the sanctions from California to that state’s medical licensing body. They may mount their own investigation and issue additional sanctions. It’s not an overstatement to say that board sanctions can seriously jeopardize your career. That’s why it’s critical to take any complaint notice seriously and contact the LLF National Law Firm immediately after you receive it.
How The LLF National Law Firm Professional License Defense Team Can Help
The LLF National Law Firm Professional License Defense Team will act as your advocate throughout the investigation and complaint process. That’s important because the reality is that the board is a public health agency, which means its primary mission is to protect the general public. More than anything, the board wants to be sure that allowing you to continue practicing medicine does not endanger any members of the Greater Sacramento community.
Our team approaches every case with this in mind, and we plan your defense accordingly. We’ll take a fine-tooth comb to the state’s charges against you and isolate any inconsistencies or inaccuracies in the evidence they present. Our team will also work closely with you to understand the circumstances in your work environment, because in many cases, issues beyond your control, such as being overworked, can impact performance.
We’ll make sure that the board considers any extenuating circumstances that may have led to the complaint. Most importantly, we’ll defend your due process rights at every stage of the process. The earlier you get us involved in the process, the better our chances of achieving a positive result in your case. We can’t guarantee a particular outcome in your case, but we can promise you that we won’t ever stop fighting for your license.
We Understand How Much Your License Means to You
For most physicians, getting licensed to practice medicine is a major milestone in their lives. Unfortunately, careers don’t always go as planned, and you can find yourself being investigated by the board. Regardless of the circumstances that led to the complaint, you have the right to due process, and you deserve an experienced, tough-minded legal team that is as dedicated to you as you are to your patients. Call the LLF National Law Firm Professional License Defense Team at 888-535-3686 or contact us online today!