Compliance

Consulting for Healthcare Professional!

Are You a Healthcare Professional Facing Board Discipline?

If you are under investigation or facing an accusation related to your medical license by the Medical Board of California or the Nursing Board, our experienced team is here to guide you through the disciplinary process. We leverage our extensive knowledge of the system and established relationships to resolve your matter promptly.

OUR TEAM

Our team includes the former Health Quality Investigation Unit, HQIU-DOI investigators,  Medical Board Inspectors, and other Legal Professionals, providing deep insights into the disciplinary process.

Understanding these stages and having us by your side can help you navigate the challenges effectively. If you have specific questions or scenarios you’d like to discuss, feel free to contact us!

Physician Complaint Process

Medical Board enforcement activity begins when the Central Complaint Unit (CCU) receives:

  • A complaint from a patient, insurance company, healthcare practitioner, or anonymous source alleging a violation of the Medical Practice Act.
  • Notice of a criminal charge or conviction.
  • Health care facility or peer review reports.
  • Sexual misconduct reports.
  • Disciplinary action taken in another state.
  • Disclosure of medical malpractice settlements or related reports.

A Central Complaint Unit (CCU) analyst will review the complaint to determine if it falls within the Board’s jurisdiction and whether further investigation is warranted. If a potential violation is identified, the case will be referred for investigation.

If an investigation reveals evidence that a physician has violated the Medical Practice Act, and disciplinary action is warranted, the case is forwarded to the Attorney General’s Office to prepare an accusation. This accusation is a legal document outlining the charges and the specific laws alleged to have been violated, which is then served on the licensee.

Key Steps:

 

1.Request for Hearing:

    • The physician has the right to dispute the charges at an administrative hearing.
    • A request for a hearing must be submitted within fifteen (15) days after the accusation is served, in accordance with the Government Code Section 11506.
    • To request a hearing, the physician must deliver or mail a “Notice of Defense” to both the Deputy Attorney General and the Medical Board of California.
      • The Deputy Attorney General’s contact details are provided on the front page of the accusation.

 

2.Failure to Request Hearing:

    • If the Notice of Defense is not received within the specified time frame, the physician waives the right to hear. The Board may then proceed to act on the accusation without hearing.

 

3.Legal Representation:

    • The physician may, but need not, be represented by counsel at any or all stages of these proceedings.

 

4.Administrative Hearing:

    • The hearing is conducted similarly to a court trial and is overseen by an Administrative Law Judge (ALJ).
    • After the hearing, the ALJ drafts a proposed decision, which is then sent to a panel of the Medical Board for review.

 

5.Final Decision:

    • The Board members consider the proposed decision and can either adopt, modify, or reject it.