California Physician-Psychiatrist 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 Psychiatrists 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. Psychiatrists facing the Medical Board of California disciplinary process should seek legal representation from an experienced California Physician-Psychiatrist License Defense Attorney.
California Doctors-Psychiatrists and Medical Board of California Discipline
Psychiatrists 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 Psychiatrist. A Doctor-Psychiatrist facing a Medical Board of California disciplinary action requires an experienced California Physician-Psychiatrist License Defense Lawyer for representation. Psychiatrists in California have been accused of the following violations:
- Gross Negligence in the Practice of Psychiatry
- Insurance Fraud involving false medical billing and false medical claims
- Overprescribing Psychiatric Drugs, specifically Adderall, Ambien, Ativan, Lexapro, Prozac, Xanax, Valium, Wellbutrin and Zoloft
- Performing Treatment Below the Standard of Care
- Prescribing Psychiatric Drugs, without a proper medical examination
Medical Board of California Investigation Defense Lawyer for Psychiatrists
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 Psychiatrists. 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 Psychiatrist facing a Medical Board of California investigation, contact a California Doctor-Psychiatrist License Defense Attorney for representation.
Medical Board of California Accusation Defense Attorney for Psychiatrists
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 Psychiatrists 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-Psychiatrist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Psychiatrists include:
Medical Board of California Hearing Attorney for Psychiatrists
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-Psychiatrists facing a Medical Board of California Administrative Law Hearing need effective representation from a Medical Board of California License Defense Lawyer.
California Physician-Psychiatrist 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 Psychiatrists 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-Psychiatrist License Defense Attorney for representation in disciplinary proceedings before the Medical Board of California.