Your medical or pharmacist license represents the blood, sweat, and tears you shed as you invested in your education and built your career. A medical license suspension or pharmacist license revocation would be a devastating blow. In order to prevent that from happening, you need the help of a medical license lawyer from Silver Law Firm. Our medical board attorneys have the skill needed to defend your professional license and your good name.
Medical Board of California License Defense
The Medical Board of California investigates a number of different types of complaints filed against licensed physicians. Allegations investigated by the Medical Board of California include:
- Poor patient care, such as treatment delays, misdiagnoses, and negligence
- Sexual misconduct and abuse
- Drug or alcohol use and abuse
- Mental or physical impairment
- Practicing without a license
- Assisting another in practicing without a license
- Unprofessional conduct, such as breaching patient confidentiality or misleading advertising
- Insurance fraud
- Criminal arrest or conviction
- Administrative misconduct, such as withholding patient records or abandoning patients
Medical Board Complaints
Once the Medical Board receives a complaint about you, the Central Complaint Unit reviews it to determine whether or not the Board has jurisdiction over the matter. If so, then the Board may request records and ask that you respond to the complaint in writing. It is imperative that you seek the help of a medical license attorney at this stage, so that you can receive advice about crafting your response.
Once the Board receives your response, an expert reviews the material and makes a determination regarding misconduct. If no misconduct is found, then your case will be closed and a record kept for one year. If only slight misconduct is found, then your case will be closed and a record will be kept for five years.
If the examiner believes that the misconduct is more significant, the material will be sent to a Medical Board investigator. You’ll be scheduled for an interview, and witnesses and the complainant may also be interviewed. The investigator will bring in a second reviewer, and you’ll be notified about the outcome.
Medical Board Penalties
The penalties for misconduct can range from relatively minor to catastrophic. If you are found guilty of a minor violation, you may be issued a citation and forced to pay a fine. If your conduct is more egregious, your case may be referred to the California Attorney General’s Office, which will draft charges and schedule a hearing. Prior to the hearing, you may be given the opportunity to negotiate a plea bargain or you may be mandated to participate in a competency or psychiatric examination. If the hearing proceeds, your case will be heard by an Administrative Law Judge, who drafts a decision for review by the Medical Board. The Board accepts the judge’s decision, but has discretion regarding whether to accept, reduce, or enhance the penalty. The penalty can be medical license suspension or the revocation of your license. If the Board decides to enhance the penalty, you have the right to present written and oral arguments. You also have the opportunity to appeal the Board’s decision.
Instead of being referred to the Attorney General’s office, if your conduct is determined to be criminal, your case will be referred to the district attorney for prosecution.
Your future hinges on the Medical Board’s decision. Indeed, your very freedom may be determined by the quality of your medical license defense counsel. You need a medical board lawyer who has the experience to achieve the best possible outcome. You need Silver Law Firm.
California State Board of Pharmacy Defense
There are a number of accusations that could lead the California State Board of Pharmacy to revoke your pharmacy license, pharmacist license, or pharmacy technician license. The professional license lawyers at Silver Law Firm will represent you and defend your license throughout the investigative and disciplinary processes.
Disciplinary action can arise from a number of complaints, including:
- Self-administering or diverting drugs
- Alcohol dependency
- Criminal conviction
- Failure to comply with the Drug Supply Chain Security Act
- Dispensing drugs via the internet without valid prescriptions
- Providing drugs to addicts
- False or misleading advertising
- Receiving prohibited kickbacks
- Failing to supervise staff
- Negligence, dishonesty, or fraud
- Failing to keep proper records
Pharmacy Board Penalties
The California State Board of Pharmacy makes it clear that, if you do not defend your license, they believe it is appropriate to revoke your license. The Pharmacy Board also takes a black-and-white view about who should foot the bill for investigating and prosecuting the complaint against you: they believe you should pay.
There are a number of factors that contribute to the Pharmacy Board’s decision to impose a minimum, intermediate, or maximum penalty. These include:
- Harm to a consumer or the public at large, whether actual or potential
- Your prior record of disciplinary actions, including warnings, citations, and fines
- The number, variety, and severity of your violations
- Your criminal record and compliance with criminal sentences
- Whether there’s evidence of your rehabilitation
- The history associated with any other licenses you may hold
The punishment for violations is delineated into four categories, numbered I, II, III, and IV. Category I is the least serious and can result in a minimum of license revocation, a stay in revocation, or two years of probation. A Category II minimum disciplinary action is similar, except that probation is for three years, or for five years if you’ve self-administered or diverted drugs, or if you’ve abused alcohol.
The minimum disciplinary action for Category III is a stay in revocation, 90 days of a suspended license, and three to five years of probation. For Category IV, the minimum penalty is license revocation.
If you are under investigation by the California State Board of Pharmacy, you need a skilled professional license lawyer as soon as possible. Call Silver Law Firm today at 510-995-0000 for a free, no obligation consultation.