The Osteopathic Medical Board regulates the practice of osteopathic medicine in California. The board also investigates misconduct allegations against osteopathic physicians alongside its licensure duties. You will need an experienced attorney to protect your rights if facing an investigation or disciplinary action by the board. Undergoing an investigation or facing disciplinary action can jeopardize your medical license and your profession. A skilled attorney will advocate for your rights throughout the process.

An attorney will respond to the inquiries from the board and put together a strong defense to any accusation leveled against you. Time is of the essence if you have been notified of a complaint against you. Do not wait too long before contacting an attorney to avoid jeopardizing your professional license. If you need skilled legal representation, the Oakland License Attorney can help. We have experienced attorneys who can represent you in all aspects of the board's disciplinary matters.

The Duties Of An Osteopathic

Securing an osteopathic license is costly, challenging, and long. This career is a specialty practice, so you must pursue the status of an ordinary medical doctor before seeking an additional osteopathic license. An osteopathic physician typically offers alternative medical treatment to assist patients suffering various conditions affecting the digestive, circulatory, nervous, and muscular systems.

Your services could also be required to help patients with chronic pain and other nagging symptoms. Osteopathic doctors perform massage therapy, stretching, joint manipulation, and other treatment methods. They use complex diagnostic equipment like ultrasounds and spinal-analysis machines. They also advise on nutrition, exercise, and general health and wellness.

Osteopathic Board License Defense

The Osteopathic Medical Board promotes the highest professional standards and protects consumers in osteopathic medicine. The board is responsible for regulating and licensing doctors of osteopathic medicine and ensures that only qualified experts receive a license. The board's mission includes the authority to investigate claims and use its authority to ensure that doctors adhere to the Business and Professions Code or Medical Practice Act.

The Osteopathic Medical Board investigates consumer claims, including those of patients and their close relatives, and allegations from law enforcement, insurance companies, and coworkers.

Common Reasons For Disciplinary Action

There could be several reasons why the Osteopathic Medical Board could take disciplinary action against you. Some of the reasons include the following:

  • Failure to comply with continuing education requirements
  • Criminal convictions linked to the practice of medicine
  • Practicing while impaired by alcohol or drugs
  • Fraud, like billing for services not provided
  • Sexual misconduct with patients
  • Excessive prescribing of controlled substances
  • Incompetence or negligence
  • Dishonesty
  • Use of silicone
  • Discipline by another state or federal agency
  • Aiding and abetting the unlicensed practice of medicine
  • Violation of professional confidence
  • False medical records
  • Signing or making a false document
  • Unlawful cancer treatment
  • Failure to comply with sterilization consent provision
  • Prescribing without prior examination
  • Furnishing drugs to an addict

It is important to take the accusations seriously, even if they appear minor or unfounded. Any kind of punishment could hurt your reputation and ability to practice medicine.

Additionally, the Osteopathic Medical Board can investigate claims of mental illness and substance abuse that could affect your ability to practice. Certain criminal allegations could also hurt your medical license. This could include:

  • Theft
  • Insurance fraud
  • Drug possession
  • Driving under the influence
  • Domestic violence
  • Sexual battery

You must report to the Osteopathic Medical Board if you have a pending criminal charge. A skilled attorney can advise you of your rights and the appropriate self-reporting method to the board.

Once a complaint has been filed, the Osteopathic Medical Board will investigate the allegations. A competent osteopathic license defense attorney can respond to the board's inquiry in writing or during an investigative interview. With the help of counsel, the best possible outcome can be achieved, including closing the investigation without formal accusation.

The likelihood of your career being at risk is high if a formal accusation is filed against you. This could happen even if your crime does not result in disciplinary action because the complaint is a matter of public record through the Breeze system. For this reason, you should reach out to an experienced attorney as soon as you learn about an investigation or complaint.

You will only have 15 days from receiving a formal accusation or notice of citation from the board to file a defense notice. Failing to file a defense notice on time denies you the opportunity to fight back against your charges. Your attorney will act immediately to defend your license and your livelihood. With an experienced attorney, you can negotiate a favorable stipulated settlement or negotiated agreement if the case proceeds to a formal accusation. Your legal team will gather evidence and assemble the strongest possible defense for you if the board convenes an administrative hearing.

The Disciplinary Process

The following are some of the steps you could expect if a complaint is filed against you with the Osteopathic Medical Board:

  • The board will commence its investigation and gather the necessary evidence
  • The board will serve you with a statement of issues highlighting the accusations
  • The board will schedule a hearing where you will challenge the accusations
  • The board could impose disciplinary actions on you if you are found guilty
  • You could appeal the board's ruling to a higher court

You should consult an attorney during the process. A skilled attorney will defend you at the hearing, negotiate settlements on your behalf, and protect your rights.

Possible Disciplinary Actions

There are a range of disciplinary actions the Osteopathic Medical Board could impose on you if the charges against you are proven. These could include the following:

  • Fines or restitution
  • Revocation, which is the permanent loss of license
  • Restriction or limitation, whereby you are only allowed to practice under certain conditions
  • Suspension or revoking your license temporarily
  • Probation that allows you to continue practicing under supervision
  • Additional training or education

Your defense attorney can convince the judge to dismiss or reduce your charges. An attorney could also negotiate for a lesser disciplinary action. Your attorney's experience with similar lawsuits and negotiations can greatly affect the outcome.

If a dismissal of the complaint is not possible, the best outcome for a less serious violation is a fine and public citation. Even for this relatively mild disciplinary action, it is important to consult a skilled healthcare license defense attorney. The board's fines could be high, and having any record of discipline could make it hard for you to secure a job or maintain a thriving practice.

It is critical to have legal counsel for more serious Business and Professions Code violations. Your attorney could negotiate a settlement for a suspension instead of a license revocation, a stay of revocation, or less restrictive probation terms.

Do not hesitate to call a professional attorney when your license and livelihood is on the line. Your attorney will take a proactive approach to fight for your professional license. An attorney will evaluate your charges thoroughly to determine the best possible defense. The following are some of the strategies attorneys use depending on the facts of your case:

  • Developing a defense to the charges tabled at the administrative hearing
  • Gathering evidence to support a rehabilitation package or to show mitigating factors
  • Developing a rehabilitation plan
  • Working with expert witnesses and investigators
  • Requesting a meeting with the investigator for the board, the Department of Consumer Affairs (DCA), or the Attorney General's office to present evidence to refute the allegation or mitigate the degree of discipline.

The primary goal of your attorney in each of the above cases is to get the complaint closed without formal discipline. If this fails and the investigation moves to the accusation stage, your attorney could try to secure an outcome that would not restrict your license, like a reproval or public reprimand. The attorney could try to convince the board to reduce the impact of probation, suspension, or revocation of your license if more serious discipline cannot be avoided.

Appealing The Decision

You can appeal if the board imposes discipline against your license. Your attorney can petition the court to move your case to the state Office of Administrative Hearings. From there, it could move to the Superior Court of California, the Court of Appeal, and the Supreme Court. The higher court reviews the case at each step and can reverse, uphold, or modify the ruling.

You must meet strict deadlines in your appeal and follow the right procedures. A skilled attorney can help you handle this process.

Applying For Reinstatement

You can apply for reinstatement after a certain period if the Osteopathic Medical Board revokes your license. The requirements can differ based on your case, but always include:

  • Proving that you do not pose a threat to public safety and health
  • Passing exams to show competence
  • Providing evidence that you have undergone a successful rehabilitation
  • Undergoing medical or psychiatric evaluations
  • Completing ethics and professional training courses

The reinstatement process could last six to twelve months, and your chances of success could be much higher if you secure the services of an attorney. Your attorney could assemble the strongest case possible, showing your efforts to rehabilitate yourself and safely return to practice.

The Benefits Of Securing A Legal Representation

You could face a major disadvantage if you face the Osteopathic Medical Board without an attorney. A skilled attorney levels the playing field by doing the following:

  • Investigating thoroughly the accusations leveled against you
  • Identifying any violations of your rights or procedural errors
  • Preparing a persuasive defense and gathering evidence
  • If necessary, filing appeals
  • Representing you during the hearing and presenting arguments on your behalf

Additionally, an attorney is your advocate and advisor, assisting you navigate the complex legal process. Their guidance can give you peace of mind during a very stressful time.

Choosing The Right Attorney

Not all attorneys have the skills and competence to handle Osteopathic Medical Board lawsuits. Look for the following qualifications when searching for the best attorney:

  • Reasonable legal fees
  • Compassion and empathy for clients
  • Courtroom litigation experience
  • Strong negotiation skills
  • A proven track record with similar lawsuits
  • Extensive knowledge of osteopathic physician licensing laws and regulations in California

Also, look for an attorney who is a member of relevant professional organizations, like the California Society for Healthcare Attorneys. This shows their commitment to staying current in this evolving and complicated field.

Approving The Application Of Your Osteopathic License

Approval of an osteopathic license application might also require the expertise and help of an attorney. The Osteopathic Medical Board could be slow in processing your application or could have outrightly rejected your initial license application. Attorneys can work through these problems and approve the application.

Your attorney could help you in the following ways:

  • Help you establish the problems that are holding you back
  • Communicating effectively with the Osteopathic Medical Board regarding the problem
  • Gathering the necessary documents for a re-submission

Your legal team will know how to work with the board for a resolution that lets you acquire a license if:

  • There is an issue with the previous criminal conviction on your record
  • There was an incident that happened while you were in training to be an osteopath
  • An issue with alcohol or drug addiction
  • Anything else of concern

Sometimes, the board could issue you a license with an initial probationary term. This is not ideal, but it will at least let you get started with your profession if it is the best possible outcome. You could also secure unrestricted ability to perform your practice and calling if you abide by your probation terms.

Find a Competent License Defense Attorney Near Me

Is your osteopathic license at risk of suspension or revocation? You should not give up without a fight. Your first step should be to contact an experienced attorney to help you defend your license. At the Oakland License Attorney, we have committed attorneys who can represent you during the board hearing and appeal the board's decision at a higher court. We have helped many osteopathic practitioners face imminent disciplinary action by the board. Considering the time, effort, and money you invested in obtaining your osteopathic license, you should not give it up easily. Contact us at 341-234-0408 for legal representation you can count on.