Medical Board of California Doctor Sexual Misconduct Defense Attorney
The Medical Board of California, known as the MBC, vigorously investigates and disciplines Physicians accused of Sexual Misconduct. An allegation of Sexual Misconduct or Sexual Abuse against Doctors 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 Business & Professions Code Section 726 prohibits Sexual Misconduct. Sexual Misconduct is broadly defined. Sexual Misconduct includes, but is not limited to, the following acts:
- Indecent Exposure
- Lewd Acts With a Child
- Lewd Conduct
- Oral Copulation
- Penetration by a Foreign Object
- Sexual Abuse
- Sexual Assault
- Sexual Battery
- Sexual Relations with a Patient, Client or Customer
- Solicitation of Prostitution
Thus, even consensual sexual relations between a Physician and a patient in California is grounds for disciplinary action against the Doctor by the Medical Board of California. California Business & Professions Code Section 729 further prohibits Sexual Exploitation by a Physician in California. California Physicians facing Sexual Abuse or Sexual Misconduct allegations should contact an experienced Medical Board of California License Defense Attorney for representation.
Medical Board of California Sexual Misconduct Investigation Defense Lawyer
The majority of Medical Board of California Sexual Misconduct Investigations begin with the filing of a criminal conviction. However, Medical Board of California Sexual Misconduct Investigations also occur through sting operations, consumer complaints 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 sexual misconduct investigations against Doctors. These employees investigate criminal and administrative law violations related to Sexual Abuse or Sexual Misconduct committed by Physicians. 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 Sexual Misconduct violations related to Sexual Abuse and Sexual Misconduct. 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 Sexual Misconduct 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 for a Sexual Misconduct violation against a patient, contact a California Physician License Defense Attorney for representation.
California Physician License Sexual Assault 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. A substantiated allegation of Sexual Assault or Sexual Misconduct by a Doctor 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 Sexual Misconduct 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 Sexual Misconduct
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 Sexual Assault Criminal Charges and Medical Board of California Discipline
The Medical Board of California can discipline Doctors for Sexual Misconduct 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 Sexual Misconduct 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 Sexual Assault or Sexual Battery. 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. These particular medical specialties are often the subject of Medical Board of California discipline for Sexual Assault in California: