San Jose Physician License Defense Attorney
Medical Board of California License Defense Lawyer in San Jose
The Medical Board of California, known as the MBC, licenses approximately 120,000 Physicians in the State of California. Most San Jose Physicians have minimal or no contact with the enforcement arm of the Medical Board of California. For Physicians who become part of the Medical Board of California’s disciplinary process, the consequences are profound. The Physician License disciplinary process is complex, procedural and time consuming. Physicians facing the Medical Board of California disciplinary process should seek legal representation from an experienced San Jose Physician License Defense Attorney.
Medical Board of California Investigation Defense Lawyer in San Jose
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 Doctors. 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 Physician facing a Medical Board of California investigation, contact a San Jose Physician License Defense Attorney for representation.
San Jose Physician License Accusation Defense Attorney
A formal Accusation served on a San Jose 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 San Jose Physician License. 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) in Oakland. Doctors facing a Medical Board of California Accusation should contact an experienced Medical Board of California License Defense Attorney in San Jose for representation. Physicians in San Jose facing a Medical Board of California Accusation should contact an experienced San Jose Physician License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Physicians include:
San Jose Physician 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 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. San Jose Physicians facing a Medical Board of California Administrative Law Hearing need effective representation from a Medical Board of California License Defense Lawyer in San Jose.
San Jose Doctor 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 are:
- Diverting a Controlled Substance
- Domestic Violence
- Healthcare Fraud
- 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 San Jose 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 and criminal charges in San Jose:
- Cosmetic Treatments(Med-Spa)
- Pain Management
- Plastic Surgeon
- Sports Medicine
San Jose Doctor License Denial Statement of Issues Attorney
The Medical Board of California thoroughly investigates all applicants for Physician Licenses. The Medical Board of California may deny a California Physician License to students and Physicians from other states and countries. Most California Physician License denials occur due to criminal convictions, financial problems or misstatements on the Physician 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 Physician License should contact a Medical Board of California License Denial Lawyer in San Jose for representation in a Medical Board of California Statement of Issues Hearing.
San Jose Physician Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Doctors who have received a Physician 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 Physician License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Medical Board of California. A successful Physician License Petition for Reinstatement requires representation by an experienced Medical Board of California License Defense Attorney in San Jose.