Medical Board of California Doctor Cosmetic Treatment Discipline Defense Attorney
The Medical Board of California, known as the MBC, vigorously investigates and disciplines Physicians accused of misconduct in the field of Cosmetic Treatments. California is at the forefront of the Medical Cosmetic Treatment industry. The medical practice area of Cosmetic Treatments covers the following categories (this is not an all inclusive list):
- Intense Pulse Light Devices
- Medi-Spa (Med-Spa)
There are specific rules, regulations and guidelines that Physicians must follow when performing Borox, Dermabrasion, Laser Treatments and Microdermabrasion. The failure to follow these rules and guidelines can constitute Unprofessional Conduct in the practice of Medicine. By performing medical services below the standard of care, the Doctor can also be liable for Incompetence in the practice of Medicine and Gross Negligence in the practice of Medicine.
A common violation arising from Cosmetic Treatment Centers involves Physicians Aiding and Abetting the Unlicensed Practice of Medicine. There are two common types of Aiding and Abetting the Unlicensed Practice of Medicine at Cosmetic Treatment Clinics. First, Physicians unlawfully serve in a non ownership capacity at Cosmetic Treatment Clinics where medical services are rendered. These clinics are often called Med-Spas, or Medi-Spas and are not owned by Doctors. In other words, these Physicians unlawfully rent their licenses to these clinics by calling themselves medical advisors, medical consultants, or some other similar name. Second, the Physician at the Med-Spa allows persons prohibited from performing these aforementioned medical services to actually perform these aforementioned medical services.
Insurance Fraud at Cosmetic Treatment Clinics and Med-Spas remains a top enforcement goal for the Medical Board of California and other law enforcement agencies. False and fraudulent billing, as well as kickback schemes, are an investigative priority for law enforcement. The Medical Board of California also targets Doctors at Med-Spa clinics who prescribe unnecessary painkiller narcotics medications. Put another way, the Medical Board of California targets Physicians running Pill Mills that double as Med-Spas or other Cosmetic Treatment Clinics.
Allegations of Aiding and Abetting the Unlicensed Practice of Medicine, Incompetence and Unprofessional Conduct against Physicians in California can have profound consequences. Consequences can include Physician and Surgeon License revocation by the Medical Board of California, loss of hospital privileges and even criminal charges. California Doctors facing allegations related to Cosmetic Treatments and Medi-Spas should contact an experienced Medical Board of California License Defense Attorney for representation.
Medical Board of California Medi-Spa Investigation Defense Lawyer
The majority of Medical Board of California Med-Spa Investigations begin with the filing of a consumer Complaint. However, Medical Board of California Cosmetic Treatment Clinic Investigations also occur through sting operations 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 Physicians and the Med-Spa industry. In fact, the California Department of Consumer Affairs maintains a specific task force to investigate Med-Spas and Cosmetic Treatment Centers. These employees investigate criminal and administrative law violations related to the Cosmetic Medical Treatment industry committed by Doctors against patients. 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 issues faced by Physicians facing disciplinary action for allegations related to Cosmetic Treatments for patients. 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 Med-Spa cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Physician facing a Medical Board of California Investigation arising from issues with Cosmetic Treatments or Cosmetic Treatment Clinics, contact a California Physician License Defense Attorney for representation.
California Physician License Cosmetic Treatment Violations Accusation Defense Attorney
A formal Accusation served on a California Physician serves as notice to a Physician that the Medical Board of California intends to revoke the /Physician License. Allegations of impropriety in the Cosmetic Treatment industry committed by Doctors almost always results in the filing of a disciplinary Accusation.
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 Doctors 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). Disciplinary Accusations involving Domestic Violence can result in revocation of a Physician and Surgeon License by the Medical Board of California. Doctors facing a Medical Board of California Accusation should contact an experienced California Physician License Defense Attorney for representation.
California Physician License Hearing For Cosmetic Treatment Clinic Issues
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 facing a Medical Board of California Administrative Law Hearing need effective representation from a Medical Board of California License Defense Lawyer.
California Physician Med-Spa Fraud Criminal Charges and Medical Board of California Discipline
The Medical Board of California can discipline Doctors for Cosmetic Treatment Violations that rises to the level of criminal activity, but violates an Administrative Law regulation. The Medical Board of California disciplinary process is separate from the Criminal Law process. The Medical Board of California can discipline Doctors for certain criminal convictions. Medical Board of California Physician discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Physician. All Med-Spa crimes are substantially related to the duties, functions and qualifications of a Doctor.
The Medical Board of California and other law enforcement agencies often conduct criminal investigations against Physicians for Cosmetic Treatment Violations In serious criminal cases against Doctors 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. Doctors facing criminal charges and Physicians who are convicted of criminal offenses need an experienced California Physician License Defense Attorney for representation in disciplinary proceedings before the Medical Board of California.