Since 1971 Former Deputy Attorney General, Dept. of Justice, representing Medical Board. Since 1978, MBC License “Defense” Lawyer. Highest Avvo “10/10” Rating. Unprecedented winning recipient of the “#1 Client’s Choice” Award 17 years in a row, from 2007 thru 2023. Unequaled 300+ “FIVE-STAR” Client Reviews and Attorney Endorsements
Medical Board of California
2005 Evergreen Street, Suite 1200 | Sacramento, CA 95815
(800) 344-9940 TDD | (916) 263-2466 information
WHAT WE DO – WHO WE ARE:
- Best Medical Board Attorney, since 1971.
- #1 Medical Board of California “Defense” Attorney (“MBC”)
- Top Doctor Attorney. Top Physician License Attorney.
- Highest Rated 10/10 California Physician License Lawyer. We defend California Medical Licenses
- Unprecedented Results of California Lawyers Representing Doctors.
- Legal advice for PTL and P&S Physician license Applicants; representation for currently licensed doctors; as well as physicians who desire “reinstatement” of a previous license.
- We sincerely love what we do; we are resourceful; we have the best and consistent written winning record of Professional License Attorneys; and, we are here for you 8:30am to 8:30pm – 7 days a week.
- California Medical Board defense attorneys serving Physicians throughout the USA and Canada.
- We fight to protect your rights and advance your interests. Doctor License Defense. Physician Assistant (PA) License Defense
- Best Physician “defense” attorneys. We genuinely care to Modify Probation and Terminate Probation Early. Let us start now. Do not delay.
- Southern & Northern California Physician licensing “defense” attorneys
- Winning Medical Board INVESTIGATION Lawyers
- Premier California Doctor license attorneys. We defend doctors regarding the MBC throughout the US and Canada.
- Meticulous Attorney for Physician licenses to level playing field
- Top Medical Doctor “defense” lawyer. Awarded #1 in client satisfaction 17 years in a row. 2007 thru and including 2023
- California Physician Licensing Lawyers
- Exceptional Lawyer for ACCUSATION filed against Physician license. We serve doctors in all California cities
- California Physician “defense” lawyers with the greatest discipline and endeavor to succeed
- Call 8:30 am – 8:30 pm daily; Unprecedented results of Physician Attorneys
- Over 300 “five-star” client reviews and lawyer endorsements
- Best Physician “defense” lawyer
- Extended FREE initial lawyer teleconference
Links to Forms and Additional Information:
- New September, 2023 MBC Legislation
- New January 1, 2024 Licensing Documents
- JANUARY 1, 2021 Prescribing Controlled Substances
- 01/01/22 Prescribing Requirements
- Post Graduate Training License (PTL)
- CURES Mandatory Use
- Fictitious Name Permit Application
- Mandatory Reporting
- Application for License
- License Renewal
- Change of Address Form
- Other Online Forms
- Petition To Terminate or Modify Penalty
- Laws Governing the Practice of Medicine
- Previous MBC Newsletters
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)
- Miss prescribing or over prescribing by a physician
- Physician’s Disclosure on Probation https://www.spitalaw.com/2019/06/doctors-disclosure-on-probation/
- 2021 Revised Reporting Requirements for Controlled Substances Beginning January 1, 2021, the dispensing of a controlled substance must be reported to the Controlled Substance Utilization Review and Evaluation System (CURES) within ONE (1) working day after the medication is provided to the patient or their representative. Previously, the deadline to report was seven (7) days after dispensing. This law requires reporting the dispensing of Schedule V drugs, in addition to Schedules II, III, and IV. And, applies to pharmacists and others who lawfully dispense controlled substances.
DISCIPLINARY ALTERNATIVES BY THE MEDICAL BOARD OF CALIFORNIA
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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, FIRST obtain legal advice as early as possible; for an experienced Medical Board of California “Defense” attorney contact Spital & Associates and ask for Sam Spital, Managing Attorney. Call now for a FREE Initial Attorney Consultation (619) 583-0350!
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Associates available 8:30 am to 8:30 pm daily.
Call for FREE Consultation: 619.583.0350 or send us an e-mail.