Physicians and surgeons work together to diagnose, treat, and prevent diseases. Becoming a surgeon in California requires extensive commitment. You must undergo years of education and pass a licensing examination. The California Medical Board is a consumer protection division that regulates and licenses surgeons and physicians.

By setting practice standards, the board ensures patient safety and well-being. Your professional license is your livelihood. Unfortunately, you can lose it through disciplinary action by the board. The CMB can suspend or revoke your license when you are reported for violations of practice standards.

The board investigates your case and holds an administrative hearing before imposing discipline. You can defend yourself against the allegations and protect your license. If you or a loved one is battling CMB disciplinary proceedings in Oakland, CA, you will benefit from our legal insight at Oakland License Attorney.

Role of Surgeons and Physicians in Modern Medicine

The roles of physicians and surgeons in modern healthcare include:

  • Diagnosis of different disease conditions. Physicians and surgeons are responsible for diagnosing medical conditions. Physicians use clinical examinations and tests to determine the underlying causes of symptoms. Surgeons, on the other hand, rely on diagnostic tools like imaging to prepare for surgery.
  • Creating treatment plans. These professionals work together to create treatment plans for each patient. Physicians prescribe medications or therapy, while surgeons provide the necessary surgical options.
  • Surgical intervention. Surgeons specialize in surgeries to treat diseases, injuries, or other severe conditions. Their skills range from minimally invasive techniques to complex surgical procedures.
  • Patient education. Physicians are a primary source of patient education. The information provided helps patients understand their conditions and treatment options. Surgeons also educate patients about the risks and benefits of surgery.
  • Preventive care. Physicians take an active approach to patient health. They emphasize lifestyle changes, screenings, and disease prevention.
  • Offering emergency care. Surgeons and physicians are part of the first responders team. During emergencies, these professionals provide immediate surgery or life-saving medical interventions.
  • Research. Surgeons and physicians contribute to advancements in medical knowledge by engaging in research and helping develop new treatments and surgical techniques.
  • Collaboration with other healthcare professionals. Surgeons and physicians work with other healthcare professionals to ensure proper patient care.

The California Medical Board(CMB)

The CMB is the government body responsible for regulating the practice of surgeons and physicians in California. The primary roles of the California Medical Board include:

Licensing of Physicians and Surgeons

The CMB issues medical licenses for physicians and surgeons in California. Before obtaining a license, professionals must meet the necessary educational and training requirements.

The board verifies that applicants have graduated from accredited medical schools. Additionally, the applicant must have completed residency programs. Additionally, surgeons and physicians must pass a licensing examination. These requirements ensure that only qualified individuals can practice medicine in California.

Enforcing Medical Standards and Ethics

Surgeons and physicians play vital roles in patient treatment and care. Therefore, they must uphold specific ethical standards. The California Medical Board sets and enforces professional and ethical standards for physicians.

They include ensuring that physicians adhere to the state's medical practice act. Violations of these ethical or professional standards can result in a board investigation.

Providing Public Protection and Patient Safety

The CMB centers its role around protecting the public from harm. Surgeons and physicians work directly with patients. Mistakes or negligence from these professionals can result in patient death or injury. The board ensures that physicians practice safely and patients receive quality care.

It also maintains an accessible database with information about the professionals. Patients can check physicians' credentials and disciplinary histories through this database.

Investigating Complaints and Disciplinary Actions

The California Medical Board receives complaints of misconduct by surgeons and physicians. After receiving the complaint, the CMB will investigate it and impose the necessary measures. Complaints may arise from patients, colleagues, or even other healthcare providers.

The board can impose a range of disciplinary actions if it finds that a physician has violated medical regulations or laws. The board’s disciplinary role ensures patient protection.

Monitoring Continuing Education and Competency

Physicians must participate in ongoing education and training throughout their careers. The CMB ensures that medical professionals stay current with advancements in healthcare.

Violations Committed by Surgeons and Physicians

The CMB has ethical and practice standards that all professionals must follow. These standards aim to ensure proper patient care and accountability for professionals. You could face an investigation and potential disciplinary action for the following violations:

Excessive Prescribing

Physicians often prescribe different medications and treatments to patients. Excessive prescribing or furnishing prescriptions can fuel addictions and drug dependency. You can face an investigation by the board for such conduct.

Sexual Misconduct

As a surgeon or physician, your relationship with your patients must remain professional. Engaging in a sexual act with a patient is a serious violation. The CNB can punish you for such conduct, even in cases of consensual sexual relationships.

Unlicensed Practice

All surgeons and physicians must have a practice license to offer their services. In California, practicing without a license is a violation that can attract disciplinary action.

Criminal Convictions

For many individuals, the most dreaded consequence of a criminal conviction is incarceration. However, surgeons and physicians have an added fear of the professional implications of a conviction. You must notify the CMB of your arrest and criminal conviction. Even when you delay reporting, the CMB will receive a notice from relevant authorities.

After learning of your criminal conviction, the board will investigate it. You can face disciplinary action for the following convictions:

  • Driving under the influence of alcohol (VC 23152)
  • Child abuse (PC 273a)
  • Sexual Assault (PC243.4)
  • Possession of a controlled substance (HSC 11350)
  • Domestic violence (PC 13700)

Substance Abuse

Many assume that whatever you do in your free time does not impact your career. Unfortunately, this is not the case for surgeons and physicians. Substance abuse and addiction can affect the quality of services you offer. If you attend to intoxicated patients, you can face disciplinary action.

Fraudulent Billing

One of the physicians' roles is billing patients for their services. Fraudulent billing involves billing for services the physician did not provide or overbilling. It aims to gain financial gain for the professional or facility. In addition to facing disciplinary action, fraudulent billing can attract criminal charges.

Gross Negligence

Surgeons and physicians must follow the CMB's ethical and practice standards. The standards include providing proper care and ensuring patient safety. Gross negligence involves placing a patient at risk of injury or death. A patient, employer, or colleague can report you to the board for negligence. 

Failure to Report Suspected Child Abuse

Under California law, child abuse is one of the most serious offenses. It involves inflicting injury or harm on a child under eighteen years. Children are a vulnerable group in society. The law requires individuals who interact with the children to report suspected abuse. Failure to report a known or suspected incident of child abuse can jeopardize your practice license.

Disciplinary Process by the California Medical Board

The disciplinary process by the California Medical Board has different steps. The process aims to investigate complaints against physicians. Additionally, it takes appropriate action against professionals who violate the regulations. The steps involved in the disciplinary process include:

Complaint Filing

The disciplinary process against a surgeon or physician begins with filing a complaint. Complaints against physicians are filed by:

  • Patients
  • Family of patients
  • Other healthcare providers
  • Law enforcement officers

A person can submit a complaint to the CMB online or by mail. The board will collect relevant information related to the alleged misconduct.

Initial Review

After receiving a complaint against you, the board will conduct an initial review of the allegations. The review helps determine whether the complaint falls within the CMB. Complaints that fall outside the board's jurisdiction are transferred to relevant departments.

Investigation

Complaints that fall under the jurisdiction of the medical board proceed to investigation. An investigation by the CMB involves:

  • Interviewing the witnesses, including the complainant
  • Reviewing the patient's medical records
  • Reviewing your criminal and professional history
  • Further assessment of the accuracy of the claims
  • Consult medical experts.

During the investigation, you will receive a notice of the allegations from the CMB. You must respond to this notice within fifteen days of receiving it. In your response, you will notify the board of your intention to fight the allegations. You will need the guidance of a license-defense attorney to fight the allegations.

Stipulated Agreement

Not all professional disciplinary cases undergo a formal hearing. If the board has sufficient evidence against you, they can suggest a stipulated agreement. The stipulated agreement requires you to accept liability for the violation. Instead of taking your case to the hearing, the board will impose appropriate disciplinary action.

If you enter the stipulated agreement, you negotiate a favorable disciplinary action. However, before entering the agreement, you must consult with your attorney.

Discovery

Before the CMB hearing, you can have a discovery phase, often thirty days long. During the discovery phase, you can review the evidence the board intends to use against you.

Under California Government Code 11507.6, you can obtain the addresses and contact information of individuals testifying in your case.

Hearing

If you do not enter the stipulated agreement, the board will hold a formal hearing for your case. A formal hearing is held before an administrative law judge. The ALJ will review the evidence and hear testimony from the medical board and the physician. At your administrative hearing, you are entitled to due process. Your rights include:

  • The right to legal counsel
  • The right to cross-examine witnesses
  • The right to present evidence and testimony.

At the hearing, the California Medical Board must prove the allegations by a preponderance of the evidence. The standards of evidence in this hearing are lower than those of a criminal proceeding.

Final Decision

The ALJ has up to 30 days after the hearing to determine your case and give a recommendation. Under California Government Code 11517(c)(2), the board can uphold, reject, or change the ALJ's decision.

Appeal

The board's decision will not always favor you. If you are unsatisfied with the outcome of your disciplinary proceedings, you can file an appeal. You must submit your appeal within sixty days of the board's decision to reconsider. After receiving your appeal, the board will hold a closed meeting to vote on your appeal.

Disciplinary Action

If the board finds that you committed the alleged violations, you could face these disciplinary actions:

  • Reprimand. For minor violations, the board can issue a reprimand. The reprimand serves as a warning against future violations and does not impact your ability to practice.
  • Probation. The board can suspend your license for violating ethical and practice standards. While you can practice during probation, the board will monitor you closely.
  • License suspension. For more serious violations, the board can suspend your license. Professional license suspension lasts between one and five years. The period of suspension will vary depending on the severity of your allegations. You cannot practice medicine during the suspension period. However, you can petition the board for a license reinstatement after the period elapses.
  • License revocation. The board can revoke your license for violations involving severe misconduct. A license revocation means you can no longer practice as a surgeon or physician.

Find a Reliable License Defense Lawyer Near Me

Working in healthcare requires tremendous personal and professional commitment. Becoming a surgeon or physician requires extensive training and obtaining a practice license. As a surgeon or physician, your license is your livelihood and ticket to practice medicine. You can lose the license if you are reported to the board for misconduct and ethical violations.

Typical forms of misconduct include negligence, sexual misconduct, criminal convictions, and substance abuse. After receiving a report on your conduct, the board will investigate it and impose the necessary disciplinary action. The CMB's disciplinary actions range from a simple reprimand to suspension or revocation of your license.

Therefore, if you are under investigation by the medical board, you must fight the allegations to keep your license. At Oakland License Attorney, we offer expert legal insight for our clients navigating professional license defense in Oakland, CA. Call us at 341-234-0408 to discuss your case.