Medical Board of California – Defense Attorneys: We Represent Physicians and Applicants

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/

Links to Forms and Additional Information:

The Medical Board of California will deny an application for license to a medical doctor 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 made a false statement on an application for a license as a medical doctor.

At Spital & Associates, our Medical Board of California DEFENSE LAWYERS protect the rights of physicians and advance a medical doctor’s interests in an investigation or prosecution. We have over 40 years of experience as a former Deputy Attorney General and skilled defense lawyer. We will fight for our client’s rights. Losing is not an option. We will not gamble on a doctor’s license &/or the outcome of a physician’s case.

The California Medical Board investigates and prosecutes cases against individuals that have a license as a Physician or Physician Assistant if there is an allegation of any of the above 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 even if consensual
  • Abuse by a physician of Alcohol and/or Prescription Drugs
  • Possession &/or Use of Illegal Narcotics/Substances by a medical doctor
  • Incompetent and/or Negligent Practice of Medicine by a physician
  • Conviction of a Crime Substantially Related to the Practice of Medicine
  • Falsifying or Making Grossly Incorrect Entries in Any Patient Chart by a physician
  • Practice of Medicine by an unlicensed Person(s) under the Physician’s Supervision
  • Physician’s Fiscal Dishonesty, Fraud &/or Theft (including Medicare, Medi-Cal and Insurance claims)
  • Misprescribing or over prescribing by a physician

 

DISCIPLINARY ALTERNATIVES BY THE MEDICAL BOARD OF CALIFORNIA

  1. Case closed – violation: These are complaints where it has been determined there are violations of the Medical Practice Act, but the Board has determined no disciplinary action should be filed against the physician after input from a physician’s defense counsel.
  2. Case closed – no violation: These are complaints where it has been determined through formal or informal investigations in which a physician’s skilled license defense counsel has established that the allegations in the complaints against the medical doctor present no violations of law. For example, there is insufficient evidence to prove a violation in an administrative hearing. Such cases against physicians 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, and are mediated at the complaint level. For example, billing misunderstandings, request for records misunderstandings, etc As these types of cases against physicians 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 and, therefore, remain confidential from the general public.
  4. Case closed – letter of warning: Complaints resulting from minor infractions by the physician 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 if the situation is true and repeated, formal disciplinary action will be filed. For example, an advertisement in which the doctor does not include his/her license number. These cases are closed without administrative action taken against 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 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 medical doctor’s standard of care, but there are serious concerns. Here, the physician 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 license attorney. These cases are closed without administrative action, are not published on the Medical Board web site and, therefore, remain confidential from the general public.
  6. Letter of public reprimand: After the Medical Board of California files an Accusation in which the alleged violation against the physician is relatively minor and no patient harm has occurred, a public reprimand can be issued if the State Board License Defense Lawyer has presented a powerful defense; this includes a summary of the allegations, the impropriety of those acts, any courses the physician must take and may include any other term or condition in the Medical Board’s Disciplinary Guidelines. The letter of reprimand is considered a disciplinary action, is published on the Medical Board of California’s web site and, therefore, is available to the general public.
  7. Stipulation: After the Medical Board files an Accusation with alleged minor violations and the physician has no previous disciplinary record, no patient harm has occurred and remedial action can satisfactorily close the case, the Medical Board may enter into a stipulation if a compelling defense has been established by a top Medical Board License Attorney. For example, a physician uses an inappropriate billing code and an insurance company reports this to the Medical Board demanding restitution. The Medical Board may require the physician take and pass an insurance billing code educational course and to have a billing monitor for his/her practice for a specific period. Then, the Medical Board will withdraw the Accusation after these conditions have been met. These stipulations are deemed disciplinary actions; the Accusation, written stipulation and the Withdrawal of Accusation are published on the Board’s web site.
  8. Probation: A published Decision by the Medical Board of California to place a physician 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 a highly distinguished and skilled Medical Board License Defense Lawyer. The possible terms and conditions of probation are contained in the Medical Board’s Disciplinary Guidelines. Here, the physician’s license is revoked, but the revocation is stayed for a specified period. In the event a physician does not comply with probation, the doctor’s license may be revoked. Decisions ordering probation constitute disciplinary actions and are published on the Medical Board’s web site.
  9. Suspension: The Medical Board’s Disciplinary Guidelines provide the details in which a suspension may be imposed. During the suspension, a physician may not practice medicine or refer to him/herself as a licensed medical doctor. A suspension is a disciplinary action and is published on the Medical Board’s web site
  10. Interim Suspension Order: These are cases in which the California Medical Board deems the physician to have previously or in the immediate future likely to engage in behavior that presents an immediate threat to the public health, safety and welfare. Then, the Medical Board requests a hearing to immediately suspend the psychologist’s practice; if granted by an Administrative Law Judge, the physician must immediately cease his or her practice. The Attorney General may also file such an Interim Suspension Order in the Superior Court if there is a pending criminal case on file. The Medical 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, a physician may choose to surrender his/her license. As experienced and skilled medical doctor license defense lawyers, we do not recommend this process unless a complete review and analysis of the risks and benefits are analyzed. Stipulations to surrender a license may or may not contain admissions to the allegations contained in the Accusation, but the physician is required to admit to their truth in the event of a future petition to reinstate his/her medical license. The waiting period is 3 years before the physician can seek reinstatement. These are disciplinary actions and published on the Medical Board’s web site.
  12. Revocation: This is an outright loss of a physician’s license generally as a result of an administrative hearing in serious cases (see Medical Board’s Disciplinary Guidelines for examples). A physician must wait 3 years before seeking reinstatement of a license. These are disciplinary actions and published on the Medical 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).

 

We encourage you before discussing your Medical Board of California (MBC) case, whether an investigation by law enforcement, the MBC , the Attorney General’s Office or with anyone else, obtain legal advice; for an experienced Medical Board of California Defense attorney contact Spital & Associates and ask for Sam Spital, Managing Attorney. Call now for a FREE Attorney Consultation (619) 583-0350 !