California Physician-Plastic Surgeon License Defense Lawyer
The Medical Board of California, known as the MBC, licenses approximately 120,000 Physicians in the State of California. The Medical Board of California does not license subspecialties of Physicians. Nearly all Medical Physicians in California maintain Board Certification through the American Board of Medical Specialties (ABMS). ABMS Member Boards are private Self Regulatory Organizations and thus are not subject to regulation by the Medical Board of California. However, ABMS Member Boards often cooperate with the Medical Board of California in disciplinary matters. California Plastic Surgeons who are Board Certified can face unique disciplinary issues with the Medical Board of California. The Doctor License disciplinary process is complex, procedural and time consuming. Plastic Surgeons facing the Medical Board of California disciplinary process should seek legal representation from an experienced California Physician-Plastic Surgeon License Defense Attorney.
California Doctors-Plastic Surgeons and Medical Board of California Discipline
Plastic Surgeons can face Complaints that result in a Medical Board of California Investigation. These Medical Board of California Investigations may result in Medical Board of California disciplinary action in the form of an Accusation. An Accusation often results in Physician License discipline, which also has a negative impact on the reputation of a Plastic Surgeon. A Doctor-Plastic Surgeon facing a Medical Board of California disciplinary action requires an experienced California Physician-Plastic Surgeon License Defense Lawyer for representation. Plastic Surgeons in California have been accused of the following violations:
- Gross Negligence in the Practice of Plastic Surgery
- Insurance Fraud involving false medical billing and false medical claims
- Overprescribing Narcotics, specifically pain management opiates medication, such as Codeine, Hydrocodone, Oxycodone, Oxycontin and Xanax
- Performing Treatment Below the Standard of Care
- Prescribing Narcotics, specifically prescription pills, without a proper medical examination
- Sexual Misconduct With a Patient
Medical Board of California Investigation Defense Lawyer for Plastic Surgeons
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 Plastic Surgeons. 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 Plastic Surgeon facing a Medical Board of California investigation, contact a California Doctor-Plastic Surgeon License Defense Attorney for representation.
Medical Board of California Accusation Defense Attorney for Plastic Surgeons
A formal Accusation served on a California Physician serves as notice to a Physician that the Board intends to revoke the Physician License. The 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 Physician. A Default will result in the immediate Revocation of the Physician License.
An Accusation is a serious matter that can result in the suspension or revocation of a Physician License in California. In many cases, it is possible for Plastic Surgeons 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). Doctors facing a Medical Board of California Accusation should contact an experienced Medical Board of California License Defense Attorney for representation. Physicians facing a Medical Board of California Accusation should contact an experienced California Doctor-Plastic Surgeon License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Plastic Surgeons include:
Medical Board of California Hearing Attorney for Plastic Surgeons
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’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 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 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 Physicians-Plastic Surgeons facing a Medical Board of California Administrative Law Hearing need effective representation from a Medical Board of California License Defense Lawyer.
California Physician-Plastic Surgeon Medical License and Criminal Convictions
The Medical Board of California can discipline Doctors for criminal convictions. Medical Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Physician. The Medical Board of California and other law enforcement agencies also investigate criminal conduct by Doctors in the course and scope of their practice. Common criminal offenses that can cause Physician License discipline for Plastic Surgeons are:
- Diverting a Controlled Substance
- Domestic Violence
- Insurance Fraud
- Medi-Cal Fraud
- Medicare Fraud
- Prescription Pill Fraud (Pill Mill)
- Sex Offenses
- Workers Compensation Fraud
In serious criminal cases against Physicians 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 Physician. A California Penal Code § 23 Order seeks to suspend a Physician License in Criminal Court. Physicians facing criminal charges and Doctors who are convicted of criminal offenses need an experienced California Physician-Plastic Surgeon License Defense Attorney for representation in disciplinary proceedings before the Medical Board of California.