No doctor is immune to complaints or misconduct claims from dissatisfied patients. While a complaint or accusation is a ways away from disciplinary action, it will be prudent to start preparing as soon as possible.
One way to prepare yourself is to understand what the process entails. Here is an overview of California’s medical board investigation and disciplinary process:
The California Medical Board receives the complaint
The Medical Board of California (MBC) licenses and disciplines doctors. Once they receive the complaint, the Central Complaint Unit will review it and determine if:
- It is within the board’s jurisdiction
- It warrants further investigation
If so, the Unit will forward the complaint to the Department of Investigation/Health Quality Investigative Unit (HQIU), who will investigate further.
Investigation starts
Investigators will determine if you have violated the Medical Practice Act or other laws. Some examples of violations include:
- Providing substandard care, resulting in harm to the patient
- Failing to provide proper records
- Engaging in unprofessional conduct
- Working under the influence of alcohol or drugs
You should receive a notification that the investigation started via letter, call, subpoena, a visit from an investigator or the MBC requesting documentation.
The department may close the investigation if they cannot confirm the violation or cannot find enough evidence.
If they do find a violation, investigators may transfer the case to the Attorney General’s office or refer for other actions.
For minor violations, the board may simply give you an administrative citation and/or fine.
The Attorney General decides if filing an accusation is necessary
The Attorney General will file a formal accusation if they believe the case meets the legal standard for a violation. You have the right to dispute these allegations at a hearing.
However, you must send a Notice of Defense to the MBC and the Attorney General’s office within 15 days.
You can defend yourself at an administrative hearing
An Administrative Law Judge (ALJ) will hear your case and develop a proposed decision. These hearings are similar to regular court trials. That said, working with a medical license defense attorney can be invaluable, as they can help you strengthen your defense.
The judge has 30 days to come up with a decision and present it to the California Medical Review Board. The board will decide whether to:
- Reject the decision
- Order other disciplinary actions
- Restrict, revoke or suspend your medical license
Afterward, you have 30 days to appeal the decision, if necessary.
Any complaint can put your livelihood at risk. But by understanding the process and acquiring legal help, you can find the most effective ways to defend yourself.
