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California Business License Defense Attorney

We defend businesses in California Department of Public Health enforcement actions

California Department of Public Health License Defense Attorney

California Department of Public Health License Defense Lawyer

The California Department of Public Health, known as the CDPH, licenses approximately over 10,000 healthcare facilities in the State of California. Most California licensed healthcare facilities have minimal or no contact with the enforcement arm of the California Department of Public Health. For Licensees who become part of the California Department of Public Health disciplinary process, the consequences are profound. The CDPH License disciplinary process is complex, procedural and time consuming. Licensees facing the California Department of Public Health disciplinary process should seek legal representation from an experienced California Department of Public Health License Defense Attorney.

The California Department of Public Health issues the following types of healthcare facility licenses:

  • Acute Psychiatric Hospital
  • Ambulatory Surgical Center
  • Blood Bank
  • Chronic Dialysis Clinic
  • Clinical Laboratory Facility
  • Community Clinic
  • Congregate Living Health Facility
  • Cytology Laboratory
  • Home Health Agency
  • Hospice
  • Hospital
  • Intermediate Care Facility
  • Skilled Nursing Facility
  • Tissue Bank

California CDPH Investigation Defense Lawyer

The majority of California Department of Public Health investigations begin with the filing of a consumer Complaint. However, California Department of Public Health Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Public Health utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Public Health disciplinary process. At the conclusion of a California Department of Public Health investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to file a revocation action. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensed healthcare facility facing a California Department of Public Health investigation, contact a California Department of Public Health License Defense Attorney for representation.

California Department of Public Health Enforcement Defense Attorney

A formal enforcement action served on a California CDPH licensee serves as notice to a licensee that the Department intends to discipline the facility. Types of penalties include:

  • Failure to Report Adverse Events Penalties
  • Failure to Report Medical Breaches Penalties
  • Immediate Jeopardy Administrative Penalties
  • Medical Breach Administrative Penalties
  • Non immediate Jeopardy Administrative Penalties
  • State Citations for Long Term Care Penalties

An Enforcement Action is a serious matter that can result in significant financial penalties and the suspension or revocation of a CDPH healthcare facility license in California. In many cases, it is possible for Licensees to reach a Settlement Agreement with the CDPH Legal Enforcement Office and California Department of Public Health. If a Settlement Agreement cannot be reached, the parties will proceed to a formal Hearing before a CDPH Administrative Law Judge. Licensed healthcare facilities facing a California Department of Public Health Enforcement Action should contact an experienced California Department of Public Health License Defense Attorney for representation. Common causes of action for disciplinary Accusations against CDPH licensed facilities include:

  • Elder Abuse
  • Elder Theft
  • Failure to Maintain Records
  • Failure to Report Adverse Event
  • HIPAA Violation
  • Medication Error
  • Medical Error
  • Negligent Death
  • Negligence in the Practice of Medicine
  • Negligent Patient Care
  • Nursing Staff Ratio Violation
  • Patient Abuse
  • Sexual Assault on a Patient
  • Violation of Patient Rights
  • Willful Material Falsification

California Department of Public Health Hearing Attorney

The California Department of Public Health maintains several Court Hearing locations that correspond to District Office locations. These locations are Bakersfield, Chico, Fresno, Los Angeles, Oakland, Orange County, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, Santa Rosa and Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision subsequent to the Hearing. The California Department of Public Health can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Public Health action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Licensees facing a California Department of Public Health Administrative Law Hearing need effective representation from a California Department of Public Health License Defense Lawyer.

California Department of Public Health License and Criminal Convictions

The California Department of Public Health can discipline facility licensees for criminal convictions. California Department of Public Health discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. Common criminal offenses that can cause CDPH License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Department of Public Health and other law enforcement agencies also investigate criminal conduct by Licensees in the course and scope of their practice. Criminal investigations often involve Licensees engaged in Elder Abuse, Healthcare Fraud, Medi-Cal Fraud and Medicare Fraud. In serious criminal cases against Licensees pending in Criminal Court, the California Department of Public Health and the CDPH Legal Enforcement Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a CDPH License in Criminal Court. Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Department of Public Health License Defense Attorney for representation in disciplinary proceedings before the California Department of Public Health.

California Department of Public Health Statement of Issues Attorney

The California Department of Public Health thoroughly investigates all applicants for CDPH Licenses. The California Department of Public Health may deny a license to licensees from other states and countries. Most California Department of Public Health denials occur due to criminal convictions, financial problems or misstatements on the license application. Statement of Issues Hearings and Accusation Hearings before an Administrative Law Judge maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a CDPH License should contact a California Department of Public Health License Denial Lawyer for representation in a California Department of Public Health Statement of Issues Hearing.

California Department of Public Health Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensees who have received a CDPH License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Public Health. A successful Petition for Reinstatement requires representation by an experienced California Department of Public Health License Defense Attorney.