California Healthcare practitioners face a significant number of rules and regulations promulgated by California Medical License Boards. Any alleged violation of these rules and regulations can result in an obstacle to a Healthcare professionals’ ability to practice in California. Our firm practices San Jose Medical License Defense and San Jose Healthcare License Defense. From California Medical License application denial matters (Statement of Issues proceedings) to formal disciplinary Accusations, our goal is to provide effective and efficient legal representation to our Medical License clients. Our firm represents Medical and Healthcare licensees possessing the following California Medical licenses and California Healthcare licenses:
San Jose Healthcare License Defense Lawyer
Over one million individuals possess Healthcare licenses issued by California Medical Licensing Boards. Most California Healthcare providers have minimal or no contact with the disciplinary systems of the numerous California Medical Licensing Boards. For California Medical licensees who become part of the California Administrative Law disciplinary process, the consequences are profound. The California Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Medical License discipline in San Jose should seek legal representation from an experienced San Jose Medical License Defense Attorney.
San Jose Medical License Investigation Defense Lawyer
The majority of California Healthcare License disciplinary investigations occur in San Jose. Investigations often begin with the filing of a consumer Complaint. However, disciplinary Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The licensing boards under the California Department of Consumer Affairs utilize non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs also employs sworn Peace Officer Investigators to conduct criminal investigations against Medical licensees. 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 Medical License disciplinary process. At the conclusion of a California Medical Licensing Board 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 California Healthcare licensee facing a California Administrative Law investigation, contact a San Jose Medical License Defense Attorney for representation.
San Jose Healthcare License Accusation Defense Attorney
A formal Accusation served on a California Healthcare professional serves as notice to a Healthcare licensee that the Board intends to revoke the individual’s Medical License. The licensee, 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 California Medical licensee. A Default will result in the immediate Revocation of the California Healthcare License.
An Accusation is a serious matter that can result in the suspension or revocation of a Medical License in California. In many cases, it is possible for licensees to reach a Stipulated Agreement with the Attorney General’s Office and California Licensing Board. 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) in Oakland. Licensees facing a California Medical Licensing Board Accusation should contact an experienced San Jose Healthcare License Defense Attorney for representation. Common causes of action for disciplinary Accusations against California Medical Professional licensees include:
- Altering Medical Records
- Dangerous Use of Alcohol or Drugs
- Diverting Narcotics
- Failure to Maintain Adequate Records
- False Charting
- Gross Negligence
- Sexual Misconduct
- Unprofessional Conduct
San Jose Medical License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. The OAH Oakland Office in Downtown Oakland serves the San Francisco Bay region. In some instances, Hearings are held at locations in Santa Clara County in Cupertino, Palo Alto and San Jose. 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 licensing agency can adopt, modify or reject the ALJ’s Proposed Decision. The Boards’ 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 Healthcare licensee 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 licensee 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 Healthcare licensees facing a California Medical Licensing Board Administrative Law Hearing need effective representation from a San Jose Healthcare License Defense Lawyer.
San Jose Healthcare License and Criminal Convictions
California Medical Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of the respective Healthcare licensee. Common criminal offenses that can cause San Jose Healthcare License discipline 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 Medical licensees pending in Criminal Court, a California Medical Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Healthcare Professional. A California Penal Code § 23 Order seeks to suspend a Medical License in Criminal Court. California medical professionals facing criminal charges and licensees who are convicted of criminal offenses need an experienced San Jose Medical License Defense Attorney for representation in California Administrative Law disciplinary proceedings.
San Jose Medical License Denial Statement of Issues Attorney
California licensing agencies thoroughly investigates all applicants for Healthcare Licenses. The licensing Board may deny a California Medical License to students and licensees from other states and countries. Most California Medical License denials occur due to criminal convictions, financial problems or misstatements on the 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 California Medical License should contact a San Jose Healthcare License Denial Lawyer for representation in a Statement of Issues Hearing.
San Jose Healthcare License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a License Revocation to reinstate their Healthcare License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Medical License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Medical License Petition for Reinstatement requires representation by an experienced San Jose Medical License Defense Attorney.