Medical Board and Physician Assistant Board Defense: Attorneys for Physicians, Physician Assistant’s and Applicants


Former Deputy Attorney General. Highest Rating. Client’s Choice 2007-2017. Over 225 FIVE STAR Client Reviews & Attorney Endorsements


Medical Board of California

2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
(800) 344-9940 TDD
(916) 263-2466 information
http://www.mbc.ca.gov/

PHYSICIAN ASSISTANT BOARD

2005 Evergreen Street, Suite 1100
Sacramento, CA 95815
Telephone: 916 561-8780

http://www.pac.ca.gov/

 


MBC Links to Forms and Additional Information:

The Medical Board of California or the Physician Assistant Board will deny an application for license for a conviction of a crime related to the duties and functions of a Physician or Physician Assistant if you have done any act of dishonesty even if not in the course of your duties as a Physician or Physician Assistant &/or made a false statement on an application for a license as a medical doctor or Physician Assistant.

At Spital & Associates, our Medical Board of California and Physician Assistant Board DEFENSE LAWYERS protect the rights and advance the interests of Physicians and Physician Assistants in an investigation or prosecution. Sam Spital is the Managing Lawyer and has over 40 years of experience first as a former Deputy Attorney General [1970-1978] and skilled defense professional and occupational license attorney since 1978. We will fight for our client’s rights. Losing is not an option. We will not gamble on your license &/or the outcome of a case.

The California Medical Board investigates and prosecutes cases against individuals that have a license as a Physician and the Physician Assistant Board investigates and prosecutes cases involving Physician Assistants. Both state Boards open cases if there is an allegation of any of the following grounds for denial of a license as well as one or more of the following more common grounds for disciplinary action:

  • Sexual Misconduct &/or inappropriate physical contact by a Physician or PA even if consensual
  • Abuse by a Physician or PA of Alcohol and/or Prescription Drugs
  • Possession &/or Use of Illegal Narcotics/Substances by a medical doctor or PA
  • Incompetent and/or Negligent Practice of Medicine by a Physician
  • Violation of the Laws and Rules relating to the practice of a PA or medical doctor
  • Conviction of a Crime Substantially Related to the Practice of Medicine or the Practice of a PA
  • Falsifying or Making Grossly Incorrect Entries in Any Patient Chart by a Physician or a PA
  • Practice of Medicine by an unlicensed Person(s) under the Physician’s Supervision
  • Physician’s or PA’s Fiscal Dishonesty, Fraud &/or Theft (including Medicare, Medi-Cal and Insurance claims)
  • Misprescribing or over prescribing by a Physician or a PA

 

DISCIPLINARY ALTERNATIVES BY THE MEDICAL BOARD or PHYSICIAN ASSISTANT BOARD

  1. Case closed – violation: These are complaints where it has been determined there are violations of the Medical Practice Act, and Laws related to the Practice of a PA, but the Board has determined no disciplinary action should be filed against the Physician or Physician Assistant after the presentation of a legal input from a physician’s defense counsel.

    It is highly recommended that a PA or MD immediately retain a highly experienced and skilled Professional License Defense Lawyer in the event he or she suspects a complaint may be filed with the Board and/or an Investigation may be opened or has already been opened. We believe a PA or MD that receives any communication or contact from the MBC or PAB should not have a dialogue with anyone other than first with a skilled and highly experienced license  attorney he or she retains.

  2. Case closed – no violation: These are complaints where it has been determined through formal or informal investigations in which a Physician’s or PA’s skilled license defense counsel has established the allegations in the complaint present no violations of law. For example, there is insufficient evidence to prove a violation in an Administrative Hearing. Such cases against Physicians or Physician Assistants are closed without administrative action, are not published on the Board web site and, therefore, remain confidential from the general public.
  3. Case closed – mediation: These are complaints in which the Board staff resolve issues between a consumer and the medical doctor or PA, and are mediated at the complaint level. For example, billing misunderstandings, request for records misunderstandings, etc As these types of cases against Physicians and Physician Assistants do not present a clear violation of law, subsequent to successful or unsuccessful mediation, they are closed without administrative action, are not published on the Medical Board of California web site or the Physician Assistant Board web site and, therefore, remain confidential from the general public.
  4. Case closed – letter of warning: Complaints resulting from minor infractions by the Physician or Physician Assistant that involve no harm to the public are resolved by a letter of warning. This letter outlines the allegations, the law, and warns the medical doctor or Physician Assistant if the situation is true and repeated, formal disciplinary action will be filed. For example, an advertisement in which a medical doctor does not include his/her license number. These are the type of cases that are closed without administrative action taken against the Physician Assistant or the Physician, are not published on the Board web site and, therefore, remain confidential from the general public.
  5. Case closed – Enforcement Review: After formal investigation and expert review, possible violations of law related to a consumer complaint confirm that departures from the standard of care occurred. The Medical Board of California or the Physician Assistant Board has determined they will not refer the case to the Attorney General to file an Accusation. This is due to evidentiary problems &/or other deficiencies, such as a case in which the state expert did not find a clear departure from the standard of care, but there are serious concerns. Here, the MD or PA may voluntarily participate in an “review,” which is a face-to-face dialogue involving the issues of concern. We do not recommend that our clients participate in any investigation without skilled and experienced representation by a top Medical Board and Physician Assistant Board license attorney. These cases are closed without administrative action, are not published on the Board web site and, therefore, remain confidential from the general public.
  6. Letter of public reprimand: After the Medical Board of California or the Physician Assistant Board files an Accusation in which the alleged violation is relatively minor and no patient harm has occurred, a Public Reprimand can be issued as in the case the State Board License Defense Lawyer has presented a powerful defense and offense; this includes a summary of the allegations, the possible impropriety of those acts, any facts that marginalize ore refute liability, courses the Physician or Physician Assistant may take and may include any other term or condition in the Physician Assistant Board Disciplinary Guidelines or the Medical Board’s Disciplinary Guidelines. The Letter of Reprimand is considered a disciplinary action, is published on the Physician Assistant Board website involving a PA license, or on the Medical Board of California’s web site and, therefore, is available to the general public.
  7. Stipulation: After the Physician Assistant Board or the Medical Board files an Accusation with alleged minor violations and the PA or medical doctor has no previous disciplinary record, no patient harm has occurred and remedial action can satisfactorily close the case, the Board may enter into a Stipulation if a compelling and comprehensive defense, perhaps with expert forensic reports, has been established by a top Medical Board License Attorney or top Physician Assistant Board License Defense Lawyer. For example, a Physician uses an inappropriate billing code and an insurance company reports this to the Board demanding restitution; the Board may require the individual take and pass an insurance billing code educational course and to have a billing monitor for his/her practice for a specific period. In a few cases, the Medical Board or the Physician Assistant Board may withdraw the Accusation after certain conditions have been met. These Stipulations are deemed disciplinary actions; the Accusation, written Stipulation [and in those cases in which there is a Withdrawal of Accusation] are published on the Board’s web site.

    It is highly recommended that a Physician Assistant or Medical Doctor immediately retain a highly experienced and skilled Professional License Defense Lawyer as soon as she or  he becomes aware an Accusation is about to or has already been filed. We believe a PA or MD involved in any disciplinary action should not discuss their case with anyone including but not limited to the Deputy Attorney General representing the Board unless first obtaining legal advice from a skilled and highly experienced lawyer he or she retains.

  8. Probation: A published Decision by the Medical Board of California to place a Physician or the Physician Assistant Board to place a Physician Assistant on probation may be obtained as a result of a Stipulation, or as ordered by an Administrative Law Judge subsequent to an administrative hearing. These resolutions are best achieved by the painstaking factual and legal analysis, research, strategy, and comprehensive and compelling Legal Brief prepared by a highly distinguished and skilled Board License Defense Lawyer. The possible terms and conditions of probation are contained in the Disciplinary Guidelines of the Medical Board or Physician Assistant Board (see links above). Here, the license of the Physician or Physician Assistant is revoked, but the revocation is stayed (paused) for a specified period. In the event a Physician or Physician Assistant does not comply with probation, his or her license may be revoked. Decisions ordering probation constitute disciplinary actions and are published on the Board’s web site.
  9. Suspension: The Disciplinary Guidelines of the Medical Board and Physician Assistant Board provide the details in which a suspension may be imposed. During the suspension, one may not engage in a Practice that requires a license or refer to him/herself as a licensed Medical Doctor or Physician Assistant. A suspension is a disciplinary action and is published on the Board’s web site
  10. Interim Suspension Order: The Interim Suspension Order, commonly referred to as ISO, are cases involving the California Medical Board when it deems the Physician or the Physician Assistant Board when it deems the Physician Assistant to have previously or in the immediate future to be likely to engage in acts, omissions and/or behavior that presents an immediate threat to the public health, safety and welfare. Then, the Board requests a hearing to immediately suspend the Practice of medicine or Practice of a Physician Assistant; if granted by an Administrative Law Judge, the Order is to immediately cease his or her Practice and any other Practice regulated by the Board. The Attorney General may also file an Interim Suspension Order in the Superior Court if there is a pending criminal case on file. The Board must file an Accusation within 15 days of the issuance of the Interim Suspension Order, and an administrative hearing must be held within 30 days. These are disciplinary actions and published on the Board’s web site.
  11. Stipulation to surrender License: Rather than taking a case through the administrative hearing process, an individual may choose to surrender his/her license. As experienced and skilled license defense lawyers, Spital and Associates does not recommend this process unless a complete review and analysis of the risks and benefits along with alternatives are first thoroughly analyzed and considered by the Medical Doctor or Physician Assistant. Stipulations to surrender a license may or may not contain admissions to the allegations contained in the Accusation, but if this is you or someone you know, that person would be required to admit to their truth in the event of a future Petition to reinstate his/her license. The waiting period is generally 3 years before one can seek reinstatement. These are disciplinary actions and published on the Board’s web site.
  12. Revocation: This is an outright loss of a license either as a result of a surrender of a license, Stipulation, or as a result of an administrative hearing (see above link to Board Disciplinary Guidelines for examples of grounds for a revocation of a license). Here as well,  one generally must wait 3 years before seeking reinstatement of a license. These are disciplinary actions and published on the Board’s web site.

The Medical Board of California reviews and is the regulatory agency in connection with licensing of physicians and the quality of care and treatment provided by medical doctors (e.g., negligence), improper prescribing practices, dishonesty (including filing fraudulent insurance claims), violation of drug laws, substance abuse, sexual misconduct, and or aiding and abetting the unlawful practice of medicine by an unlicensed person (otherwise under supervision by a physician).

The Physician Assistant Board reviews and is the regulatory agency in connection with licensing of Physician Assistants. and the quality of care and treatment provided by PA’s.

We encourage you obtain legal advice before discussing your Medical Board of California (MBC) case or Physician Assistant Board case, whether an investigation by law enforcement, the MBC , the PAB, the Attorney General’s Office or with anyone else, from an experienced Medical Board of California Defense attorney and/or Physician Assistant Defense Lawyer; you can contact Spital & Associates and ask for Sam Spital, Managing Attorney daily from about 8:30am to 8:30pm. Call now for a FREE Attorney Consultation (619) 583-0350