The MBC (Medical Board of California) usually launches a thorough investigation into any complaint it receives against a license holder. Without expert legal help, this investigation, as well as the steps the board takes next, can be career-ending. You need to safeguard your future by contacting a healthcare license defense attorney as soon as possible if your medical license is being investigated.
At San Jose License Attorney, we have in-depth experience defending medical professionals when their actions are called into question. Our lawyers understand the kind of stress board investigations can cause a professional and are ready to provide a compelling defense and compassionate support. We will support you through the entire discipline while ensuring you achieve the best possible outcome. Call us today to share your case.
The Function of MBC In the Practice of Medicine In California
The MBC is one of many boards that fall under the Department of Consumer Affairs (DCA). It regulates and monitors licensed surgeons and doctors, as well as physician assistants, psychiatrists, podiatrists, and other allied medical care professionals in California. The board’s mission is to protect medical care consumers and prevent harm. Part of its job as a regulating and monitoring agency, and in an effort to achieve its mission, includes the following:
- Licensing medical professionals, including physicians and surgeons. The board thoroughly reviews applications and issues licenses to individuals who meet the necessary standards.
- Enforcing the Medical Practice Act and Business and Professions Code (BPC)
- Promoting accessibility to high-quality healthcare through regulatory and policy functions
- Investigating call complaints against physicians and surgeons and taking disciplinary action if necessary
- Providing a public record of physician and surgeon licenses, including details on whether their license is renewed, current, or subject to disciplinary action
- Developing, reviewing, and enforcing regulations related to medical practice in California
The MBC has an established enforcement unit that probes alleged and reported administrative and criminal violations. Like the MBC, the OMBC (Osteopathic Medical Board of California) monitors and regulates the osteopathic surgeons and physicians throughout California. The OMBC has its independent enforcement unit that investigates administrative and criminal violations.
Prevalent Violations Alleged Against Physicians and Surgeons
California physicians and surgeons can be subject to complaints from the public, patients, professional and licensing groups, government entities, professionally and business-mandated reports, or anonymous sources. Regardless of the source, the MBC must probe all complaints it receives. Most complaints against physicians and surgeons are for allegations involving:
- Chemical dependency
- Boundary violations
- Practicing medicine without a valid license
- Failing to supervise registered nurses or other medical practitioners properly
- Failing to comply with mandatory reporting requirements
- Aiding and abetting the unlicensed practice of medicine
- Prescribing opioids excessively
- Facing a sanction by a different agency or in a different state.
- Negligence and Incompetence
- Non-therapeutic prescribing
- A conviction of a crime substantially related to the practice of medicine, such as DUI and drug trafficking
- Kickbacks or fraudulent billing for medical services
- Inadequately maintaining patient records and charts
- Medical mistakes that lead to patient death or injury
- Peer review
- Sexual misconduct
- Professional misconduct
The MBC requires medical professionals, including physicians and surgeons, to report to its Central Complaint Unit (CCU) if they are accused of a felony in an information or indictment or if found guilty of a felony or misdemeanor offense (California Business and Professions Code 802.1). They must submit this report within thirty days from the day of the filing of the information or indictment, or of the conviction.
An investigator for the board will follow up in writing and request more information if needed, or they might request an investigation interview. License holders must disclose peer review reports to the MBC in specific circumstances.
The MBC Disciplinary Process
The MBC disciplinary process typically commences when the board receives a complaint of any kind, as described under the MPA. Upon receiving a complaint, the board will refer it to its CCU whereby an analyst will review the allegations to establish if:
- The complainant needs to provide more information. If so, the analyst will request the necessary information.
- The complaint falls within the board’s jurisdiction. If the board lacks jurisdiction, the analyst will refer the complaint to the proper authority.
- The complaint alleges care or treatment administered by the license holder. In that case, the analyst will obtain medical records for review by a medical consultant.
- Per the complaint, you committed a minor violation of the law governing medical practice. In that case, the analyst will contact you to advise you of your violation and bring you into compliance. Alternatively, the analyst will refer the matter to the board, which may then issue a fine and citation.
- An investigation is required right away. In that case, the analyst will send the complaint to the board’s investigation unit.
- The board may mediate the complaint at this stage if appropriate.
If the analyst finds no apparent violation, the board may close the case. However, if the complaint proceeds to the investigative unit, an investigation will be conducted to establish whether you committed a violation. During this investigation, the investigator may reach out to you for more details. Do not respond to them without first consulting a lawyer. A lawyer can help you by responding on your behalf to avoid self-incrimination. An effective response might lead the investigative unit to close the investigations without moving to the next stage of the disciplinary process.
If otherwise, the investigation finds that a violation does exist, the investigative unit may inform the board, which may take one of the following actions against you:
- Close your case, but retain the case file for five years if the investigative unit found the complaint to have some merit but found insufficient evidence to take action against you.
- Close your case, but retain the case file for 12 months if the investigative unit could not confirm a violation.
- Refer your case to the Attorney General’s Office. The Health Quality Enforcement Section in the Attorney General’s Office will determine whether to file a formal Accusation seeking disciplinary action.
- Refer your case for other non-disciplinary, criminal, or disciplinary action.
Minor violations may lead to an administrative fine and citation rather than a formal Accusation and discipline. However, if the board investigator believes the complaint satisfies the legal standards for disciplinary action, the Attorney General or one of their deputies will draft an official Accusation and may schedule a hearing.
If an Accusation is filed, the board will notify you. Then, you have 15 days to file a Notice of Defense to tell the board that you will challenge the charges against you. If you do not inform the board of your intention to challenge the charges, it will issue a default decision to revoke your license after the 15 days are over, since it will presume that you are guilty of the allegations against you.
The emotional and financial costs of an Accusation can be overwhelming. They can even tarnish your medical career, considering the accusation is publicly available on the board’s website, on BreEze, and in the quarterly newsletter. Even if you later manage to disprove the allegations, the damaging impact might linger. You want to retain a skilled lawyer early in the disciplinary process.
If you plan to contest the charges, the Attorney General’s Office schedules an administrative hearing, which an ALJ (Administrative Law Judge) will preside over. After the hearing, the ALJ drafts a proposed decision to the board on the type of disciplinary action, if any, the board should impose.
Possible Disciplinary Actions By the MBC
When the ALJ issues a proposed decision to the board on the kind of discipline the board should impose, the board can adopt the proposition as it is, modify it, or not consider it at all. The board can then impose any of these disciplinary actions based on the circumstances surrounding your case:
- A citation without or with an administrative fine. The MBC does not categorize this as a disciplinary action.
- A public reproval. This is a disciplinary action issued by the board for minor violations. A public reproval is a public record, but it generally does not restrict your license.
- License probation. During probation, the board restricts your medical license. You can continue practicing medicine, but there are conditions you must abide by for your continued practice.
- License suspension. The MBC can suspend your medical license for a specified period, during which you will not be able to practice medicine. Once the stipulated period elapses, you can request the board to reinstate your license, enabling you to resume your practice.
- License revocation. You will no longer be able to practice medicine if you face license revocation. However, you may be able to petition the MBC to reinstate the license after a particular period.
If, after the hearing with the ALJ, you are not satisfied with the outcome and believe the ALJ or board made a mistake, you can appeal to the California Superior Court. To appeal, you must file a writ of mandamus. Appeals have strict timelines. Generally, you have 30 days from the date of the judge’s or board’s decision to submit your appeal.
When you appeal, the Superior Court judge will not accept new evidence for the case, nor will they conduct a new hearing. They will only review the judge’s ruling or the board’s decision to see whether either committed a mistake that could change the course of things.
Petition for Penalty Relief
After the board imposes disciplinary action against you, the discipline may not be permanent. Under the BPC, you can have the disciplinary action terminated or modified. You can do this by petitioning for penalty relief. There are three forms of relief you can seek once a disciplinary action is imposed. Through a penalty relief petition, you ask the MBC to:
- Terminate probation early,
- Reinstate your license if it was revoked or you surrendered it, or
- Modify probation
Strict timeframes apply to bringing a petition for penalty relief. If the adequate period has not elapsed since the board imposed disciplinary action, you do not qualify to petition the board. The following are board timelines:
Petition to Terminate Probation Early
For disciplinary action imposed before Jan. 1, 2024, and if the probation period is 3 or more years, you can petition after serving the sentence for at least two years. For disciplinary action after or on Jan 1, 2024, you can petition after serving the greater of one-half of your 2-year probation period. For any disciplinary action, if probation is for less than 3 years, you can petition after 12 months from the date the disciplinary action was issued.
Petition to Reinstate License
If the board revoked your license or you surrendered it before Jan. 1, 2024, the waiting period is 3 years. Once 3 years have passed from the date of revocation or surrender, you can file your petition. For disciplinary action imposed on or after Jan. 1, 2024, the waiting period is 5 years from the date of revocation or surrender. If you are seeking to reinstate your license after revocation or surrender because of a mental or physical illness, you can petition one year from the date the board issued the disciplinary action.
Petition to Modify Disciplinary Action
To request a modification of a disciplinary action, you can petition when at least a year has passed from the date the board imposed the action or issued a license in probationary status.
If you satisfy the above criteria, you can petition for relief from disciplinary action. But if you have petitioned unsuccessfully within the last three years, the MBC might deny your petition without argument or hearing.
Find an Experienced Medical License Defense Attorney Near Me
When facing disciplinary action by the MBC for whatever reason, you should not leave everything to chance. Any error, even the simplest one, can easily make you lose your license. Consequently, you want to act quickly and seek legal protection by consulting an experienced medical license defense attorney.
At San Jose License Attorney, we boast medical license defense lawyers with an in-depth understanding of the state licensing requirements and laws for all kinds of physicians and surgeons. We use tailored, effective legal techniques to resolve board disciplinary matters in the best possible way. If you need help defending your practice license and career, call us at (669) 330-4517 to share your case during a cost-free consultation.
