California Podiatrist License Defense Attorney

California Board of Podiatric Medicine License Defense Lawyer

The California Board of Podiatric Medicine, known as the BPM, licenses approximately 2,300 Podiatrists in the State of California. Most California Podiatrists have minimal or no contact with the enforcement arm of the California Board of Podiatric Medicine. For Podiatrists who become part of the California Board of Podiatric Medicine’s disciplinary process, the consequences are profound. The Podiatrist License disciplinary process is complex, procedural and time consuming. Podiatrists facing the California Board of Podiatric Medicine disciplinary process should seek legal representation from an experienced California Podiatrist License Defense Attorney.

California Board of Podiatric Medicine Investigation Defense Lawyer

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

California Podiatrist License Accusation Defense Attorney

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

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

Podiatrists facing a California Board of Podiatric Medicine Accusation should contact an experienced California Podiatrist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Podiatrists include:

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

California Podiatrist License and Criminal Convictions

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

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

Podiatrists facing criminal charges and Podiatrists who are convicted of criminal offenses need an experienced California Podiatrist License Defense Attorney for representation in disciplinary proceedings before the California Board of Podiatric Medicine.

California Podiatrist License Statement of Issues Attorney

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

California Podiatrist Petition for Reinstatement Lawyer

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