A California Osteopathic physician surrendered her license after an accusation was filed charging her with unprofessional conduct, negligence, and dishonesty. Her journey toward reinstatement involved careful planning and legal advisement on providing clear evidence of rehabilitation and safety to practice. A hearing was held on a resubmitted Petition for Reinstatement on September 20, 2012. Attorney Steve Boreman represented the physician at the administrative hearing before the full Osteopathic Medical Board of California. The Deputy Attorney General assigned to the case argued that there was insufficient evidence of rehabilitation. On October 11, 2012, the Board issued a decision reinstating the physician's medical license, notwithstanding the Attorney General's position. Continue reading

An Osteopathic physician surrendered her medical license following the filing of an accusation charging her with unprofessional conduct, negligence, billing fraud and dishonesty. After being diagnosed and treated for a bipolar II condition, she sought reinstatement and was denied. The following year, following advice and recommendations from attorney Steve Boreman, she resubmitted her petition for reinstatement of her medical license. A hearing was held on a resubmitted Petition for Reinstatement on September 20, 2012. Steve represented the physician at the administrative hearing before the full Osteopathic Medical Board of California. The Deputy Attorney General assigned to the case argued that there was insufficient evidence of rehabilitation. On October 11, 2012, the Board issued a decision reinstating the physician's medical license, notwithstanding the Attorney General's position. Continue reading

No doctor wants to be contacted by a California Medical Board investigator and questioned about allegations of an inappropriate sexual relationship with a patient, especially if that doctor believes it was the patient, and not the doctor who initiated and engaged in inappropriate contact. The potential professional and personal consequences as well as general fall-out of allegations such as these are just too serious and damaging. According to an article on the Medical Board's website, however, “It does not matter that the patient is willing. It does not matter if the patient flirts. It is the physician's responsibility, as the professional, to take whatever measures are necessary to prevent a sexual relationship from occurring.” Continue reading

No doctor wants to be contacted by a California Medical Board investigator and questioned about allegations of an inappropriate sexual relationship with a patient, especially if that doctor believes it was the patient, and not the doctor who initiated and engaged in inappropriate contact. The potential professional and personal consequences as well as general fall-out of allegations such as these are just too serious and damaging. Dr. William Joseph Roy, Jr. M.D., found himself in just those circumstances in 2007, when the Medical Board filed an acccusation charging him with gross negligence in violation of Business and Professions Code section 2234(b) and sexual misconduct in violation of section 726. The conduct alleged occurred in 2001. The filing of the accusation was followed by an administrative hearing in 2008. After the hearing, the Administrative Law Judge found that, while Roy had engaged in "brief" , one-sided, inappropriate sexual contact with a patient, no discipline was warranted. The Medical Board nonadopted the proposed decision, and imposed a Public Reprimand with terms and conditions including enrollment in a Professional Boundaries program and taking an Ethics course. The Board's action led to an unsuccessful Writ of Mandamus filed by Roy (seeking to overturn the Board's actions), and finally, a formal appeal. See Roy v. Superior Court,198 Cal. App. 4th 1337 - Cal: Court of Appeal, 3rd Appellate Dist. (2011). Continue reading

In zazen you will discover your true face, your true mind. And that true mind will tell you what is so and what is not so. As Suzuki Roshi said, “Just sit and see what happens.” (“Not Always So”, p. 70). Sit so that when you are not sitting you will know to do right things. Don’t think. Just sit. Please. Just sit. The rest-- the Precepts, the Sutras, the Dharma and Enlightenment itself, are all there in the emptiness of just sitting. Continue reading

This article looks at only one area as a basis for a Medical Board Accusation and disciplinary action: Negligence. Physician negligence is regulated by Business and Professions Code Section 2234 (b) [Gross Negligence] and (c) [Repeated Negligent Acts]. Continue reading

A California Physician's Petition for Reinstatement of a Surrendered or Revoked medical license always involves a mandatory interview with an investigator from the Medical Board of California. Legal preparation for the interview may significantly enhance the physician-petitioner's chances for success. Continue reading

Physicians who abuse alcohol or plead to or are found guilty of Driving Under the Influence are potentially subject to discipline by the Medical Board of California, whether or not it is a first offense, and whether or not the doctor was involved in medical practice, coming from or going to work at the time of arrest. The result(s) can have serious consequences for a medical practice. Continue reading

The California Medical Board, Licensing Division, has authority to issue or deny applications for a Physician's and Surgeon's Certificate. See California Bus. & Prof. Code Section 2089. Applicants must have graduated from a recognized medical school (which includes all U.S. and Canadian medical schools) with at least 32 months, 4000... Continue reading

How to make sure your international medical degree will be accepted by the Medical Board of California. Continue reading

Physicians, including recent medical school graduates and physicians from other states or countries seeking a California medical license must fill out a state application which includes pages L1C and L1D, each of which asks a question pertaining to criminal actions. Question #23 on page L1C asks "Have you ever been convicted of, or pled guilty or nolo contendere to ANY offense in any state in the United States of foreign country?" Question 24 on page L1D asks "Is any criminal action pending against you?" These questions appear straight forward; however, it is amazing how often physician applicants are confused about... Continue reading

What effect will a criminal action have on your California Medical License and when do you have to report criminal matters to the Medical Board. Continue reading

When a California Medical Board investigator calls to schedule a physician interview, early contact with legal counsel is advised. The interview may result in case closure or the filing of an Accusation for potential discipline against the licensee, so having counsel to prepare for the interview and to prevent improper questioning can be critical to a physicians practice and future. Continue reading

Most physicians’ only contact with the California Medical Board comes with submission of Continuing Medical Education (CME) or payment of licensing fees. Some, however, find themselves the subject of scrutiny by Board investigators after seemingly minor omissions or errors in the administration of their practice. An example is failure to file a fictitious name permit. Another is the requirement that medical partnerships must have a majority of physician members. Business and Professions Code sections 2416 and 2417 pertain to medical partnerships and business organizations. It would be prudent to have some familiarity with each of these code sections, particularly when... Continue reading

A California Medical Board accusation may charge anything from gross negligence to technical prescribing or record keeping violations. If found culpable, in the worst case the phyician may face license revocation or, at a minimum, years of probation with various terms or requirements including practice monitoring. If probation is imposed, many malpractice insurers will balk at coverage and some hospitals or medical groups will automatically exclude the probationer for the full term of probation. That is why it is essential that each accusation be reviewed by counsel experienced in Medical Board matters and the negotiation of settlement terms short of... Continue reading

Physicians with multiple state medical licenses should know that disciplinary actions, license denials, or surrender in another state can impact a California license. CA Business and Professions Code sections 141(a) and 2305 provide the legal authority for California to discipline a licensee whose license has been subject to discipline by another state, federal agencies, or foreign jurisdictions. When any state takes action against a physician's license, the decision is reported to the National Practitioner Data Bank (NPDB). This data bank is maintained by the U.S. Department of Health and Human Services (DHHS), Health Resources and Services Administration, Bureau of Health... Continue reading

In 2002 the California Board of Psychology adopted the American Psychological Association's Ethical Principles and Code of Conduct. Violations of those principles may result in charges and Board discipline. See Business and Professions Code sections 2936 and 2960. Continue reading

Being familiar with the Business and Professions Code and how it impacts a licensee can be critical to avoiding catastrophic or minor fines, with compliance being the key word. If a licensee has questions about the propriety of complying with a Board record request, it is best to consult counsel experienced in such matters and ask counsel to contact the Deputy Attorney General assigned to the case to ensure accurate information Continue reading

1. Once a physician surrenders his license or it is revoked by the Board, can the license be reinstated? Doctors who surrender a California license while under accusation or whose licenses are revoked after an administrative law hearing can petition the Medical Board for reinstatement. California Business and Professions Code section 2307 provides that petitions to reinstate a medical license may be filed after a period of at least three years from the date of surrender or the effective date of a revocation decision. The Medical Board also has discretion to grant a right to petition for reinstatement after only... Continue reading

When the Medical Board places a physician's license on probation, either by stipulated settlement or a Decision and Order resulting from an administrative law hearing, one of the first things the doctor usually wants to know is, "When can I get the probation conditions reduced or eliminated altogether?" The answer is found in California Business and Professions Code Section 2307. It provides that a Petition for Penalty Relief to modify terms of probation may be filed one year following the decision imposing discipline. Petitions to terminate probation early may be filed one year after the date of decision where the... Continue reading

The California Medical Board issues licenses. It can deny, offer probationary licenses, or allow a physician to withdraw an application. Without preparation the process can be daunting. Continue reading

“Use a gun, go to college?” When Governor Schwarzenegger signed AB 900 in 2007 (the biggest prison construction bill in history at a cost of $7.8 billion) he emphasized the fact that $50 million was earmarked for “rehabilitation”, meaning establishment of some “step-down” reentry facilities for inmates about to be released on parole. The latter would focus on job training and other programs designed to help reduce California’s miserable 70% plus recidivism rate. As Senator Gloria Romero said at the time, “$50 million is a drop in the bucket.” Indeed, $50 million represents only about 1% of the total money... Continue reading

The Medical Board can revoke, suspend or place a license on probation. State attorneys file accusations for these Board actions. HMO exclusion, denial of hospital privileges, and malpractice insurance cancellation may result. According to the Board's 2008-2009 Annual Report, 99.900 physicians and surgeons are licensed in California today, with 27,556 in Los Angeles alone. 6,437 complaints were reported and 450 cases were referred to the Attorney General for Accusation filing. Another 27 cases were referred for criminal prosecution. Accusations are filed after the Board investigates complaints. These may be anonymous or named, from other physicians, nurses, hospitals or patients. Hospitals,... Continue reading

The California Medical Board issues licenses. It can deny, offer probationary licenses, or allow a physician to withdraw an application. Without preparation the process can be daunting. Continue reading