The Medical Board of California is responsible for regulating and issuing licenses to surgeons and physicians to protect the public. Therefore, whenever the board receives a complaint of professional misconduct, it takes the matter seriously. If you have an accusation against you, regardless of how trivial you believe it is, consider hiring a qualified lawyer. Facing professional discipline could affect your ability to practice and damage your professional reputation.
Riverside License Attorney can use a comprehensive strategy to protect your livelihood and professional integrity. We can collect and review case facts and evidence to develop the most effective defense, engage in a stipulated settlement with the board, represent you before the administrative law judge, and guide you throughout the disciplinary process.
The Mission of the Medical Board of California
The mission of the board is to protect patients and their families and achieve this through the following:
- Effective regulation and licensing of surgeons, physicians, and specific allied healthcare experts
- Objective, vigorous enforcement of the Medical Practice Act
The MBC regularly receives complaints from various parties, including patients, their loved ones, hospitals, insurance providers, and colleagues. These complaints become the basis of the disciplinary investigation. Common complaints against surgeons and physicians include the following:
- Gross negligence or negligence when administering medical care
- Being incompetent by either working outside your work scope or within your practice area
- Health insurance fraud, including overbilling, billing for services not offered, or double billing
- Overprescribing or prescribing medication to patients who should not be using them
- Working with an uncertified assistant
- Dishonest or poor recordkeeping
- Sexual misconduct with your patient
- Alcohol or drug abuse while working
- Having a criminal record that is significantly related to your capability to practice medicine
As part of its mandate, the board will investigate the complaint against you. The board will review the relevant information, including your patients’ medical records. If the board sends you a letter or calls you, retain a proficient lawyer immediately. The investigators can use whatever you say against you.
If the board discovers a ground for disciplinary action, it will send you an accusation. The accusation will highlight every charge you are facing and the statutes you have violated. Here are the steps your defense lawyer will take after you have received the accusation:
- Analyze your accusation to determine whether affirmative defense should be raised
- Analyze the supplemental documentation within your accusation packet. On top of the accusation, the board should send you a request for discovery, a statement to the respondent, and notice of defense. The statement to the respondent informs you who the deputy attorney general is and which board analyst is assigned to your professional license disciplinary case.
- The attorney will file your notice of defense within fifteen days of the formal accusation service. Filing it informs the board of your intention to fight the allegation before the administrative law judge. Failing to file it correctly and on time can result in the MBC revoking your license by default. When filing the notice of defense, your lawyer will raise affirmative defense strategies and request a copy of the discovery from your licensing board.
The board might schedule a settlement conference with you and offer you a stipulated settlement. The stipulated settlement is an agreement between you and the BRE, under which you admit the alleged wrongdoings and the outlined administrative sanctions.
Both parties may stipulate specific terms or facts for numerous reasons, including to expedite the disciplinary process for professional licenses and avoid wasting time establishing facts that are not in dispute.
If you decline the board’s offer, the case will proceed to an administrative hearing. If you accept the offer, the board will vote on whether to accept the settlement agreement.
Your lawyer should advise you on whether to accept the offer and, if so, negotiate the most favorable terms. They can also collect evidence for rehabilitation and mitigation to increase your leverage at the negotiation table.
The administrative law judge presides over the administrative hearing, which is identical to a criminal court trial. The ALJ makes a decision after hearing both parties’ facts, evidence, and arguments. The board then reviews the proposed decision. The board can reject, modify, or adopt the decision.
Common disciplinary actions the MBC imposes include the following:
- Written warnings that might not constitute formal disciplinary action
- Private or public reprimand
- Professional license suspension
- Professional license revocation
- Probation
When determining the sanction to impose, the board considers the following factors:
- The severity of your violation —The board considers a violation serious if it directly harms a third party like your patients. You might also face severe penalties if your professional misconduct poses a threat to the general public. On the contrary, your disciplinary action might not be severe if your misconduct did not harm anyone but was a violation of a regulation, like failing to meet your continuing education requirement.
- Prior history of professional disciplinary hearings— You are more likely to face a lenient disciplinary measure if it is your first case of professional misconduct than a person with a history of repeated professional violations.
- Remediation efforts — It refers to the mitigating factors regarding your professional case. For example, if your allegations involve drugs or alcohol abuse, undergoing counseling and completing rehabilitation can serve as your mitigating factor. Your remedial efforts show the MBC that you are taking the allegations seriously and working to rectify the issue.
- Whether the degree of the disciplinary action is essential to avoid future professional violation
The MBC’s objective when imposing a disciplinary action is ensuring the sanction will be significant or punitive enough to deter you from committing a future, identical violation.
Proper Record-Keeping Practices
Some surgeons and physicians believe that some appointments do not require charting or there is nothing new to add to their patients’ charts following an appointment. Others are too busy to chart, while others think that keeping records can breach patients’ confidentiality if third parties, like healthcare insurance providers, seek the medical records. Some medical practitioners believe that they will recall relevant case facts if ever required.
Details in your patients’ files are essential when the MBC decides to investigate the matter after receiving a complaint. If the details are not in your medical record, they did not occur. You should understand the California MBC requirements, standards, and laws regarding patient medical records.
Maintaining comprehensive patient records protects you in many ways, including the following:
- Safeguard you against Medicaid, Medicare, or insurance provider audits
- Prove that you met the standard of care in case a person or the board questions your patient’s treatment
- Safeguard you against medical malpractice claims
- Protect you against billing or charting mistakes
Typically, your patients’ medical records should have the following:
- Physical examination documentation
- Vital signs
- Clinical findings
- Mental status exam
- Lab tests
- Treatment plans and follow-up
- Orders about prescription, care, and treatment
- Informed consent about the risks and benefits of treatment
Here are the elements of comprehensive patient medical records:
- Treatment justification
- Consulting with your patients to advise them of the health condition, treatment plan, risks and complications of the treatment, and alternative treatment options
- Guidelines you gave the patients by phone
- Caution about prescription drugs that might interfere with your patients’ capability to drive safely or work
- Notations on sensitivities or allergies
- Surgical records, both written and oral
- Guidelines for your patients on their follow-up care
- Diagnostic imaging tests reports
- Post and preoperative details
If you make a technical mistake in your patient’s medical records, you should rectify it by drawing a line via that section, writing your amendments in the margin, dating the medical record, and finally signing it. Deleting the mistake could alter the medical record, which might result in disciplinary action and civil liability.
You should be detailed in your patient’s medical records when recommending controlled substances. State and federal laws require medical practitioners to keep inventories of every drug that is bought, ordered, dispensed, or distributed. You should maintain medical records of Schedule II controlled substances prescription for three (3) years.
There are numerous laws associated with retention of patient medical records hinging mainly on the situation, including individuals who are covered by Medi-Cal. Typically, you should retain medical records indefinitely for persons who are under your active treatment. You should maintain patient records for seven (7) years, but it could be longer depending on more factors.
Disciplinary Measures for Patient Medical Records Documentation Mistakes
For surgeons and physicians there are numerous allegations regarding the failure to keep accurate and enough records, including failing to keep records associated with controlled substances, altering medical records, and failing to maintain sufficient medical records. An allegation can result in the following disciplinary actions:
- Failing to keep accurate and enough records will attract the least penalty of stayed revocation and a five-year probation, while the maximum penalty is revocation of your medical professional license
- Altering medical records is punishable by the least penalty of stayed revocation and a five-year probation, while the maximum penalty is professional license revocation.
The MBC could also require you to take courses in medical recordkeeping, complete clinical competence programs, demonstrate professionalism, and practice prescribing practices. The board could impose other terms, like prohibiting solo practice, prohibiting your practice, or monitoring practice. If you alter your records, the board will suspend your license for sixty days.
Sometimes, the MBC might recommend corrective measures instead of serving you with an accusation if the investigator determines that a minor professional violation has happened or that you have mediated the complaint. For a medical record mistake, the MBC might require you to take remedial courses or continuing education on healthcare record keeping. The board might also impose a fine and citation.
The best time to act proactively is during the investigation phase of your disciplinary process since it is private. At this stage, your defense lawyer can present mitigating proof and make corrective action arguments instead of disciplinary action. After the board serves you with the formal accusation, your case becomes public. You should hire a defense attorney after discovering the allegation against you.
Your defense lawyer can collect evidence to prove that you correctly kept records. They might also negotiate a stipulated settlement that might lead to a more favorable case outcome than you might have otherwise achieved with an administrative hearing.
Will You Lose Your Professional License if You Are Found Guilty of an Offense?
Whether you will lose your professional license following a conviction will depend on the facts of your case. Typically, this happens when the alleged offense is substantially related to your qualifications, duties, or functions.
After learning of your conviction, the board can impose any of the following potential disciplinary actions:
- A citation and fines
- License suspension
- License revocation
- Routine alcohol and drugs testing
- Placement in a diversion program
- Probation
- Supervision and restricting your practice for a duration of time
Disclosing Your Conviction to Your Licensing Board
You should be honest when answering questions about your criminal conviction in your professional licensure application or renewal. You might face perjury charges if found guilty of lying on your license application or renewal form, while failing to reveal essential details might result in your arrest and denial.
To prevent these adverse outcomes, you should truthfully detail your previous crimes and the relevant case facts, including when you committed the crime, the criminal charges that the prosecutor filed, and what plea you entered.
Remediation and Rehabilitation
Taking corrective and rehabilitative measures shows your dedication to maintaining ethical standards and protecting your livelihood, reputation, and professional license. Additionally, it shows your commitment to preserving public trust.
Find a Proficient Medical Professional License Defense Attorney Near Me
As a surgeon or physician, it is challenging when your medical license is on the line. Acquiring a medical license takes a lot of sacrifice and hard work; losing it can be devastating. It is imperative to seek the assistance of a qualified defense lawyer at the earliest phase of your disciplinary process.
Riverside License Attorney can help you. We understand the unique complexities facing you and can develop a comprehensive legal strategy to protect your career, livelihood, and finances. To schedule your consultation or for additional information, please call us at 951-410-8612.
