If you are a licensed physician, nurse, pharmacist, chiropractor, or mental health professional, maintaining a valid medical license is critical to retaining your career and right to earn a living in it. Your license may be in jeopardy if any of the following situations arise.
You Have Been Convicted of a Crime
Under
California law, the Medical Board of California can suspend or revoke a health care provider's license if they are convicted of a crime that is substantially related to their practice of medicine or their fitness to be a health care provider.
What the Medical Board of California considers substantially related depends on the individual circumstances. The board warns that it does not give legal advice to licensees and that it reviews the records related to every conviction of a health care provider as well as underlying issues.
Therefore, a felony or misdemeanor may provide grounds for disciplinary action against your medical license. Some crimes that may lead to disciplinary action include:
- Drug crimes
- DUI
- Insurance fraud
- Medical fraud
- Medical Practice Act violations
- Medi-Cal violations
- Murder
- Prescribing medication illegally
- Rape
- Reckless driving
- Sex crimes
Licensees are required to report to the board if they are charged with a felony or if they are found guilty of any crime. Failing to do so is considered a separate public offense. This requirement also applies if you plead no contest to an offense, so be sure your criminal defense lawyer works in conjunction with your professional license defense lawyer to minimize the risk of losing your license.
Your License Was Suspended in Another State
California law also allows the Medical Board to suspend or revoke a doctor's medical license if his or her license was suspended or revoked in another state. For example, if you are licensed to practice medicine in Arizona and California and the medical board in Arizona suspends your medical license, your license can also be suspended in California.
You Acted With Gross Negligence
If you are charged with medical malpractice or an act of simple negligence, your license may not necessarily be affected. However, if you are charged with gross negligence, your license may be at risk. Gross negligence may imply that you have a disregard for the health or safety of your patients.
Gross negligence may occur in situations, such as:
- You have a repeated history of offenses
- You take unilateral action that deviates from the accepted standard of care
- You fail to properly evaluate patients
- You fail to order necessary and reasonable diagnostic tests
You Receive Notice You Are Under Investigation
The Medical Board may begin an investigation into your actions if it receives a complaint or report of a possible violation. You will generally receive notice of the investigation against you.
Additionally, you may be asked to attend an interview with investigators. If you discover that you are under investigation or you receive notice of a request for an interview, you should contact a professional license attorney immediately.
Your lawyer may help you prepare for your interview. They can also run interference with the investigators and present information in the light most favorable to you.
Additionally, your lawyer may be able to negotiate an agreement between you and the board while the case is still in an informal status. For example, you may be able to agree to seek alcohol or drug treatment if you have recently developed a problem. Your lawyer may also be able to convince the board that there are mitigating factors that do not warrant disciplinary action.
Learn More About Your Rights and Options
If you find yourself in any of these situations and would like to learn more about your legal rights and options,
contact
a professional license defense lawyer from
Spiga & Associates.