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California Naturopathic Doctor License Defense Attorney

California Naturopathic Medicine Committee License Defense Lawyer

The California Naturopathic Medicine Committee, known as the NMC, licenses approximately 500 Naturopathic Doctors in the State of California. Most California Naturopathic Doctors have minimal or no contact with the enforcement arm of the California Naturopathic Medicine Committee. For Naturopathic Doctors who become part of the California Naturopathic Medicine Committee’ disciplinary process, the consequences are profound. The Naturopathic Doctor License disciplinary process is complex, procedural and time consuming. Naturopathic Doctors facing the California Naturopathic Medicine Committee disciplinary process should seek legal representation from an experienced California Naturopathic Doctor License Defense Attorney.

California Naturopathic Medicine Committee Investigation Defense Lawyer

The majority of California Naturopathic Medicine Committee investigations begin with the filing of a consumer Complaint. However, California Naturopathic Medicine Committee Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Naturopathic Medicine Committee 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 Naturopathic Doctors. 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 Naturopathic Medicine Committee disciplinary process. At the conclusion of a California Naturopathic Medicine Committee investigation, the Committee has several options. The Committee can choose to close the Complaint. The Committee can choose to issue a Citation. The Committee can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Committee may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Naturopathic Doctor facing a California Naturopathic Medicine Committee investigation, contact a California Naturopathic Doctor License Defense Attorney for representation.

California Naturopathic Doctor License Accusation Defense Attorney

A formal Accusation served on a California Naturopathic Doctor serves as notice to a Naturopathic Doctor that the Committee intends to revoke the Naturopathic Doctor License. The Naturopathic Doctor, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Naturopathic Doctor. A Default will result in the immediate Revocation of the Naturopathic Doctor License.

An Accusation is a serious matter that can result in the suspension or revocation of a Naturopathic Doctor License in California. In many cases, it is possible for Naturopathic Doctors to reach a Stipulated Agreement with the Attorney General’s Office and California Naturopathic Medicine Committee. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Naturopathic Doctors facing a California Naturopathic Medicine Committee Accusation should contact an experienced California Naturopathic Doctor License Defense Attorney for representation.

California Naturopathic Doctor License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or 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 approximately 30 days after the Hearing. The California Naturopathic Medicine Committee can adopt, modify or reject the ALJ’s Proposed Decision. The California Naturopathic Medicine Committee’ 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 Naturopathic Doctor 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 Naturopathic Doctor 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 Naturopathic Doctors facing a California Naturopathic Medicine Committee Administrative Law Hearing need effective representation from a California Naturopathic Doctor License Defense Lawyer.

California Naturopathic Doctor License and Criminal Convictions

The California Naturopathic Medicine Committee can discipline Naturopathic Doctors for criminal convictions. California Naturopathic Medicine Committee discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Naturopathic Doctor. Common criminal offenses that can cause Naturopathic Doctor 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 Naturopathic Medicine Committee and other law enforcement agencies also investigate criminal conduct by Naturopathic Doctors in the course and scope of their practice. Criminal investigations often involve Naturopathic Doctors engaged in Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Naturopathic Doctors pending in Criminal Court, the California Naturopathic Medicine Committee and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Naturopathic Doctor. A California Penal Code § 23 Order seeks to suspend a Naturopathic Doctor License in Criminal Court.

Naturopathic Doctors facing criminal charges and Naturopathic Doctors who are convicted of criminal offenses need an experienced California Naturopathic Doctor License Defense Attorney for representation in disciplinary proceedings before the California Naturopathic Medicine Committee.

California Naturopathic Doctor License Statement of Issues Attorney

The California Naturopathic Medicine Committee thoroughly investigates all applicants for Naturopathic Doctor Licenses. The California Naturopathic Medicine Committee may deny a California Naturopathic Doctor License to Naturopathic Doctor students and Naturopathic Doctors from other states and countries. Most California Naturopathic Doctor License denials occur due to criminal convictions, financial problems or misstatements on the Naturopathic Doctor License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Naturopathic Doctor License should contact a California Naturopathic Doctor License Denial Lawyer for representation in a California Naturopathic Medicine Committee Statement of Issues Hearing.

California Naturopathic Doctor Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Naturopathic Doctors who have received a Naturopathic Doctor 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 Naturopathic Doctor License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Naturopathic Medicine Committee. A successful Naturopathic Doctor License Petition for Reinstatement requires representation by an experienced California Naturopathic Doctor License Defense Attorney.