California Midwife License Defense Attorney
Medical Board of California License Defense Lawyer
The Medical Board of California, known as the MCB, licenses approximately 400 Midwives in the State of California. Most California Midwives have minimal or no contact with the enforcement arm of the Medical Board of California. For Midwives who become part of the Medical Board of California’ disciplinary process, the consequences are profound. The Midwife License disciplinary process is complex, procedural and time consuming. Midwives facing the Medical Board of California disciplinary process should seek legal representation from an experienced California Midwife License Defense Attorney.
Medical Board of California Investigation Defense Lawyer
The majority of Medical Board of California investigations begin with the filing of a consumer Complaint. However, Medical Board of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The 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 Midwives. 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 Medical Board of California disciplinary process. At the conclusion of a 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 Midwife facing a Medical Board of California investigation, contact a California Midwife License Defense Attorney for representation.
California Midwife License Accusation Defense Attorney
A formal Accusation served on a California Midwife serves as notice to a Midwife that the Board intends to revoke the Midwife License. The Midwife, 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 Midwife. A Default will result in the immediate Revocation of the Midwife License.
An Accusation is a serious matter that can result in the suspension or revocation of a Midwife License in California. In many cases, it is possible for Midwives to reach a Stipulated Agreement with the Attorney General’s Office and 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).
Midwives facing a Medical Board of California Accusation should contact an experienced California Midwife License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Midwives include:
California Midwife 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 Medical Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Medical Board of California’ 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 Midwife 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 Midwife 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 Midwives facing a Medical Board of California Administrative Law Hearing need effective representation from a California Midwife License Defense Lawyer.
California Midwife License and Criminal Convictions
The Medical Board of California can discipline Midwives for criminal convictions. Medical Board of California discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of a Midwife. Common criminal offenses that can cause Midwife License discipline are:
The Medical Board of California and other law enforcement agencies also investigate criminal conduct by Midwives in the course and scope of their practice. Criminal investigations often involve Midwives engaged in Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Midwives pending in Criminal Court, the Medical Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Midwife. A California Penal Code § 23 Order seeks to suspend a Midwife License in Criminal Court.
Midwives facing criminal charges and Midwives who are convicted of criminal offenses need an experienced California Midwife License Defense Attorney for representation in disciplinary proceedings before the Medical Board of California.
California Midwife License Statement of Issues Attorney
The Medical Board of California thoroughly investigates all applicants for Midwife Licenses. The Medical Board of California may deny a California Midwife License to Midwife students and Midwives from other states and countries. Most California Midwife License denials occur due to criminal convictions, financial problems or misstatements on the Midwife 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 Midwife License should contact a California Midwife License Denial Lawyer for representation in a Medical Board of California Statement of Issues Hearing.
California Midwife Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Midwives who have received a Midwife 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 Midwife License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Medical Board of California. A successful Midwife License Petition for Reinstatement requires representation by an experienced California Midwife License Defense Attorney.