California D.O./Osteopathic Physician License Defense Attorney

Osteopathic Medical Board of California License Defense Lawyer

The Osteopathic Medical Board of California, known as the OMBC, licenses nearly 10,000 D.O.s/Osteopathic Physicians in the State of California. Most California D.O.s/Osteopathic Physicians have minimal or no contact with the enforcement arm of the Osteopathic Medical Board of California. For D.O.s/Osteopathic Physicians who become part of the Osteopathic Medical Board of California’s disciplinary process, the consequences are profound. The D.O./Osteopathic Physician License disciplinary process is complex, procedural and time consuming. D.O.s/Osteopathic Physicians facing the Osteopathic Medical Board of California disciplinary process should seek legal representation from an experienced California D.O./Osteopathic Physician License Defense Attorney.

Osteopathic Medical Board of California Investigation Defense Lawyer

The majority of Osteopathic Medical Board of California investigations begin with the filing of a consumer Complaint. However, Osteopathic Medical Board of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Osteopathic Medical Board of California 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 D.O.s/Osteopathic Physicians. 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 Osteopathic Medical Board of California disciplinary process. At the conclusion of a Osteopathic Medical Board of California investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board 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 Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a D.O./Osteopathic Physician facing a Osteopathic Medical Board of California investigation, contact a California D.O./Osteopathic Physician License Defense Attorney for representation.

California D.O./Osteopathic Physician License Accusation Defense Attorney

A formal Accusation served on a California D.O./Osteopathic Physician serves as notice to a D.O./Osteopathic Physician that the Board intends to revoke the D.O./Osteopathic Physician License. The D.O./Osteopathic Physician, 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 D.O./Osteopathic Physician. A Default will result in the immediate Revocation of the D.O./Osteopathic Physician License.

An Accusation is a serious matter that can result in the suspension or revocation of a D.O./Osteopathic Physician License in California. In many cases, it is possible for D.O.s/Osteopathic Physicians to reach a Stipulated Agreement with the Attorney General’s Office and Osteopathic Medical Board of California. 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).

D.O.s/Osteopathic Physicians facing a Osteopathic Medical Board of California Accusation should contact an experienced California D.O./Osteopathic Physician License Defense Attorney for representation. Common causes of action for disciplinary Accusations against D.O./Osteopathic Physicians include:

California D.O./Osteopathic Physician 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 Osteopathic Medical Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Osteopathic Medical Board of California’s 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 D.O./Osteopathic Physician 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 D.O./Osteopathic Physician 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 D.O.s/Osteopathic Physicians facing a Osteopathic Medical Board of California Administrative Law Hearing need effective representation from a California D.O./Osteopathic Physician License Defense Lawyer.

California D.O./Osteopathic Physician License and Criminal Convictions

The Osteopathic Medical Board of California can discipline D.O.s/Osteopathic Physicians for criminal convictions. Osteopathic Medical Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a D.O./Osteopathic Physician. Common criminal offenses that can cause D.O./Osteopathic Physician License discipline are:

The Osteopathic Medical Board of California and other law enforcement agencies also investigate criminal conduct by D.O.s/Osteopathic Physicians in the course and scope of their practice. Criminal investigations often involve D.O.s/Osteopathic Physicians engaged in Insurance Fraud and Prescription Pill Fraud. In serious criminal cases against D.O.s/Osteopathic Physicians pending in Criminal Court, the Osteopathic Medical Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the D.O./Osteopathic Physician. A California Penal Code § 23 Order seeks to suspend a D.O./Osteopathic Physician License in Criminal Court.

D.O.s/Osteopathic Physicians facing criminal charges and D.O.s/Osteopathic Physicians who are convicted of criminal offenses need an experienced California D.O./Osteopathic Physician License Defense Attorney for representation in disciplinary proceedings before the Osteopathic Medical Board of California.

California D.O./Osteopathic Physician License Statement of Issues Attorney

The Osteopathic Medical Board of California thoroughly investigates all applicants for D.O./Osteopathic Physician Licenses. The Osteopathic Medical Board of California may deny a California D.O./Osteopathic Physician License to D.O./Osteopathic Physician students and D.O.s/Osteopathic Physicians from other states and countries. Most California D.O./Osteopathic Physician License denials occur due to criminal convictions, financial problems or misstatements on the D.O./Osteopathic Physician 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 D.O./Osteopathic Physician License should contact a California D.O./Osteopathic Physician License Denial Lawyer for representation in a Osteopathic Medical Board of California Statement of Issues Hearing.

California D.O./Osteopathic Physician Petition for Reinstatement Lawyer

A Petition for Reinstatement allows D.O.s/Osteopathic Physicians who have received a D.O./Osteopathic Physician 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 D.O./Osteopathic Physician License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Osteopathic Medical Board of California. A successful D.O./Osteopathic Physician License Petition for Reinstatement requires representation by an experienced California D.O./Osteopathic Physician License Defense Attorney.