California Physician Assistant License Defense Attorney

Physician Assistant Board of California License Defense Lawyer

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

Physician Assistant Board of California Investigation Defense Lawyer

The majority of Physician Assistant Board of California investigations begin with the filing of a consumer Complaint. However, Physician Assistant Board of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Physician Assistant 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 Physician Assistants. 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 Physician Assistant Board of California disciplinary process. At the conclusion of a Physician Assistant 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 Physician Assistant facing a Physician Assistant Board of California investigation, contact a California Physician Assistant License Defense Attorney for representation.

California Physician Assistant License Accusation Defense Attorney

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

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

Physician Assistants facing a Physician Assistant Board of California Accusation should contact an experienced California Physician Assistant License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Physician Assistants include:

California Physician Assistant 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 Physician Assistant Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Physician Assistant 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 Physician Assistant 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 Physician Assistant 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 Physician Assistants facing a Physician Assistant Board of California Administrative Law Hearing need effective representation from a California Physician Assistant License Defense Lawyer.

California Physician Assistant License and Criminal Convictions

The Physician Assistant Board of California can discipline Physician Assistants for criminal convictions. Physician Assistant Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Physician Assistant. Common criminal offenses that can cause Physician Assistant License discipline are:

The Physician Assistant Board of California and other law enforcement agencies also investigate criminal conduct by Physician Assistants in the course and scope of their practice. Criminal investigations often involve Physician Assistants engaged in Prescription Pill Fraud, Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Physician Assistants pending in Criminal Court, the Physician Assistant Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Physician Assistant. A California Penal Code § 23 Order seeks to suspend a Physician Assistant License in Criminal Court.

Physician Assistants facing criminal charges and Physician Assistants who are convicted of criminal offenses need an experienced California Physician Assistant License Defense Attorney for representation in disciplinary proceedings before the Physician Assistant Board of California.

California Physician Assistant License Statement of Issues Attorney

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

California Physician Assistant Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Physician Assistants who have received a Physician Assistant 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 Physician Assistant License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Physician Assistant Board of California. A successful Physician Assistant License Petition for Reinstatement requires representation by an experienced California Physician Assistant License Defense Attorney.