“What disciplinary actions can be taken against healthcare professionals in California?” is an important question for anyone who holds such a license. It can be answered by means of the various regulatory boards that oversee professional healthcare licensees within the state. These boards include the Medical Board of California and the California Board of Registered Nursing, among others.
Experienced Professional License Defense Attorneys
At Century Law Group, LLP, we’ve defended many professionals whose licenses were threatened or revoked. We understand the gravity of these cases, and we’re here to protect your license and career. With over a century of combined experience, we know how to approach your case.
Types of Complaints
In the fiscal year from 2023 to 2024, the Medical Board of California reported that it processed over 9,700 complaints against physicians and surgeons that resulted in only 374 formal actions. Some of the most common disciplinary actions included probation, license suspension, and license revocation. Some of the most common types of complaints in which disciplinary actions were handed down include:
- Gross negligence/incompetence
- Inappropriate prescribing
- Unprofessional conduct
- Unlicensed/unregistered activity
- Sexual misconduct
- Drugs/alcohol or self-abuse
- Conviction of a crime
- Mental/physical illness
- Fraud
Types of Disciplinary Actions Against Physicians and Surgeons
The various California licensing boards play an important role in regulating the professional practice statutes of healthcare workers across the state. The two largest regulatory boards of healthcare professionals are the Medical Board of California and the California Board of Registered Nursing. Common disciplinary actions taken by these organizations against licensees include the following:
- Censures or public reprimands
- Probation, which is sometimes administered in the form of mandatory monitoring, restricting practice duties, or continuing education classes
- License suspension for a specific time period
- Temporary license revocation that remains until certain conditions are met
- Permanent license revocation, which is irreversible
- Denial of license or delayed issuance
- Penalties such as fines
- Mandatory intervention programs, such as substance abuse counseling and/or monitoring
- Referral of a case for criminal prosecution if the conduct of the licensee is also a criminal act
Types of Disciplinary Actions Taken Against Nurses
The California Board of Registered Nurses oversees more than half a million registered nurses practicing across the state. The California Information Auditor surveyed the BRN in 2016. They reported the agency takes in about 7,500 complaints regarding licensed nurses and prospective nursing licensees each year. A third investigation reveals whether a violation is valid. Types of disciplinary actions taken against nurses include the following:
- Public reproval
- Probation
- License suspension
- License revocation
A public reproval is a letter of reprimand issued to the nurse from the BRN. It is not a restriction on their license or their eligibility to practice.
The California BRN also provides licensees the opportunity to participate in their voluntary alternative to discipline program for nurses suffering from alcohol and substance use disorder. The program is only available to licensed members of the California BRN, and its aim is for all nurses involved in the effective Intervention Program to return to licensed nursing employment.
When to Hire a Healthcare License Defense Lawyer
If you are unsure of your need to hire a healthcare license defense lawyer, you can always speak to an experienced attorney about the specific details of your case. In the meantime, there are some signs that you need professional legal representation for your California healthcare license defense case.
If a formal complaint is filed and necessitates an investigation, it’s a preliminary sign that you should seek legal counsel. Minor allegations are not as imperative, but erring on the safer side is always the better option when your career and financial livelihood are at stake.
More serious or substantiated allegations are heard before an administrative law judge. During this hearing, evidence is presented, and decisions are made regarding the licensed member. You do not want to get this far without a lawyer advising you about healthcare defense laws and representing you throughout this process.
If the complaints against you are determined to be accurate, the board may negotiate final penalties, and it is more likely to do so if you have an experienced attorney representing you. In some cases, revocation penalties can be mitigated to alternatives, such as private reprimand, conditions of licensure, fines, or participation in a diversion program.
FAQs
Q: What Disciplinary Actions Can They Take Against Healthcare Professionals in California?
A: Disciplinary boards that regulate the licensing of healthcare professionals can issue disciplinary actions such as public reprimand, probation, license suspension, and license revocation for licensed members’ misconduct. They may also impose fines, assign mandatory treatment or monitoring, or deny a license application. If criminal acts are committed by licensed professionals, criminal charges can be carried out, and state-defined penalties will be handed down if a conviction is made.
Q: How Can You Find Disciplinary Actions Against Doctors?
A: Yes, you can find disciplinary actions against doctors. The California Medical Board publishes all actions and disciplinary actions enacted against physicians and surgeons as far back as 2008. To access the list of healthcare professionals, the date of their misconduct, and the action taken against them, visit the Medical Board’s Alerts page. Once downloaded, by clicking “View Profile,” you can see more information on the complaints against specific physicians. You can also join the email list to receive updates.
Q: What Can Cause a Doctor to Lose Their License?
A: A doctor can lose their license and legal eligibility to practice medicine for a number of inappropriate acts. Gross negligence, insurance fraud, inappropriate prescribing of medication, sexual misconduct, and falsifying medical records are all grounds for license revocation. Personal misconduct, such as driving under the influence or some other charge of substance impairment or illegal act, can also constitute a healthcare professional’s license being revoked or suspended.
Q: What Happens When a Complaint Is Filed Against a Doctor in California?
A: When someone files a complaint against a doctor in California, the associated board conducts an intake assessment of the allegations. If necessary, an investigation ensues. If they find substantiated grounds for the allegations, a hearing is held to impose disciplinary action. The defendant can respond to the complaint, negotiate penalties, and appeal the decision if they so desire. The guidance of a legal professional is recommended for any licensee facing disciplinary accusations from a regulatory board.
Talk to a San Diego Healthcare License Defense Attorney
Establishing a strong legal defense is always a good idea, and the earlier on, the better. When your reputation, your career, and your professional license are at stake, taking chances is a risky decision to make. Contact Century Law Group, LLP, if you need legal advice regarding your case.