Becoming a licensed Doctor of Osteopathic Medicine is a lengthy process. The coursework and the career itself require significant financial investments and extensive expertise. Obtaining a practicing license from the Osteopathic Medical Board is a noteworthy achievement that should not be taken lightly. However, certain issues could jeopardize your license, especially if it directly relates to your profession. Losing a license could seriously impact your career, like preventing you from working until the issue is resolved.

Our San Bernardino License Attorney office offers professional license defense services. We have extensive experience handling license revocation cases for osteopathic physicians and other professionals. If the Osteopathic Medical Board challenges your professional license, we will provide clear and simple legal advice on the immediate steps to take. We are also prepared to represent you in court and defend your license.

The Important Roles Of Doctor Of Osteopathic Medicine

Osteopathic Doctors (DOs) play an important role in medicine by treating various conditions. As an osteopathic practitioner, you can address various medical conditions affecting different parts of the human body. Your ability to treat diverse conditions makes you valuable in the healthcare sector.

As a result, you may have a large client base because you can meet the needs of individuals with digestive, central nervous system, and heart issues. A licensed osteopath can also work in the emergency department as a surgeon handling urgent medical situations. However, this position can either be on-call or permanent. It depends on an individual's preferred level of responsibility.

You could also guide patients seeking recommendations for managing lifestyle disorders like diabetes and high blood pressure. Expertise is vital for any patient seeking an appointment, especially if they need to follow strict guidelines for a faster recovery.

Osteopathic physicians also help examine newly admitted patients and document their previous medical issues. This information forms the basis for guiding future medical decisions, like treatment approaches and surgical choices. Consequently, to conduct thorough examinations, you must possess the necessary skills. Without it, you risk endangering patients by overlooking potential serious problems.

Last but not least, as an osteopathic medicine professional, it is your responsibility to help patients stay on track with their rehabilitation. You can use counseling techniques to advise sick patients on leading healthier lifestyles.

Any information you provide is considered professional guidance, and your patient will likely follow the directions to the latter. Since you can provide clients with details that significantly affect their lives, acting in their best interests and offering helpful medical advice is important. An osteopath has a vital role in treating patients with high professionalism. This ensures patients receive quality care.

However, physicians are likely to face adverse reports from patients or coworkers due to the wide range of responsibilities. A single complaint of unethical conduct to the board can jeopardize your professional career. Therefore, you should maintain high professionalism to avoid such complaints that could put your practicing license at risk.

License Applications, Statements of Issues, and Denials

Obtaining your license is one of the final steps before embarking on your professional journey. The application procedure with the Osteopathic Medical Board of California (OMBC) is straightforward for many individuals. However, some applicants may face challenges due to previous criminal records or related issues. Your attorney can complete and submit your application on your behalf, ensuring you have a good chance of being approved.

If your application is rejected, it does not mean your career is permanently over. The denial of the submitted application is called a Statement of Issues. Your attorney will defend you before the OMBC so you can acquire your license without facing any obstacles.

They will negotiate with the board to secure the most favorable terms and conditions if probation is necessary. Your defense may involve addressing previous criminal charges to demonstrate your positive progress to the licensing authority.

The Osteopathic Medical Board

The OMBC's primary responsibility is to protect consumers and promote the highest professional standards in osteopathic medicine. To achieve this goal, the Board licenses and oversees Doctors of Osteopathic Medicine throughout the state. The body aims to examine grievances and use its regulatory authority to ensure physicians comply with the Medical Practice Act and the Business and Professions Code (BPC).

The OMBC investigates complaints lodged by consumers, including patients and their families, and complaints from colleagues, insurance firms, and authorities. Complaints may encompass infringements of the BPC, such as:

  • Professional misconduct.
  • Overprescribing drugs.
  • Excessive medical treatments.
  • Sexual misconduct.
  • Insurance fraud.
  • Dishonesty.
  • Repeat negligent acts or gross negligence.
  • Prescribing without previous examination.
  • Incompetence.
  • Drug law violations.
  • Criminal convictions.
  • Silicone usage.
  • Providing narcotics to addicts.
  • Unlawful cancer treatments.
  • Non-compliance with sterilization guidelines.
  • Creating or using fraudulent documents.
  • Inaccurate medical records.
  • Breach of confidentiality.
  • Misleading advertising.
  • Disciplinary action by other agencies.
  • Aiding unauthorized medical practice.
  • Improper use of "M.D." or "D.O." titles.

Furthermore, the OMBC will investigate claims of mental disorders and substance misuse that impair a doctor’s capacity to practice medicine. Specific criminal convictions can potentially impact your medical license. These charges might include sexual assault, domestic abuse, driving under the influence, possession of drugs, insurance fraud, or theft.

If you have an unresolved criminal accusation, you may need to disclose it to the OMBC. An experienced attorney specializing in healthcare license defense can guide you on your legal rights and offer optimal strategies for self-reporting to the Board. After receiving a complaint, the OMBC will investigate the accusations.

At this point, a skilled attorney specializing in osteopathic license defense can provide a written response or participate in an investigative interview in response to an OMBC inquiry. One can maximize the likelihood of attaining the most favorable result by seeking legal guidance. This may involve terminating the investigation without a formal accusation.

If a formal charge is filed against a DO, their career will be at significant risk, regardless of whether the case results in disciplinary measures. This is because the accusation becomes part of the public database using the Breeze system. Therefore, it is crucial to promptly seek advice from competent legal counsel upon becoming aware of a complaint or investigation.

Upon receiving a citation notice or formal charge from the OMBC, you must file a notice of defense within 15 days. Failing to file this notice promptly may hinder your ability to contest the accusations.

A law firm specializing in professional licensing will promptly begin efforts to protect your license and career. The parties will strive to reach an amicable agreement or negotiated settlement when the case progresses to a formal accusation. If a hearing is necessary, your attorney will gather evidence and build a strong possible defense on your behalf.

Disciplinary Actions Taken By The Osteopathic Board

The OMBC has the authority to enforce various disciplinary measures for infringing the Business and Professional Code based on the seriousness of the allegations against you. Possible repercussions may include:

  • Public citation.
  • Fines.
  • Probation.
  • A reprimand letter.
  • Suspension of license.
  • Revocation of license.

If dismissing the complaint is not feasible, the most favorable resolution for a less severe infringement could involve imposing a monetary penalty and issuing a public citation. However, you should seek advice from a proficient attorney specializing in healthcare license defense. This also applies to relatively lenient disciplinary measures.

The fines imposed by the OMBC can be substantial, and having any disciplinary record might make it challenging to secure another job or maintain a successful professional practice. Legal representation is essential for more severe infringements of the BPC. An attorney can negotiate for a suspension instead of a complete license revocation and propose less severe probation terms.

Reinstating Your Professional License

When applying for a license reinstatement, remember that the burden of proof to show you are a worthy candidate rests on you. You should provide evidence demonstrating that you have taken steps toward reforming and compensated all clients for any financial or physical harm caused.

The licensing board will also request that you provide verbal and written admissions of guilt for all complaints against you, like specific remarks specifying the misconduct you committed. This step is typically punitive, designed to discourage future similar decisions through humiliation and repercussions. Even though summarizing all your illegal activities may be challenging, it is crucial for regaining your professional license.

In addition, you should show the board members that you intend to change your ways by showing the various rehabilitation programs you have undergone. You can present written proof showing your attendance and participation in counseling sessions to persuade the licensing agency that you are trying to change.

What Will Happen to My Patients When My License Has Been Revoked or Suspended?

If you are informed of an inquiry into your medical license that may result in revocation or suspension, you should ensure that your patients continue receiving the care they need and deserve. This approach is not only ethical but may also foster patient loyalty. If you are forced to stop working for a while, patients will be more likely to return once you resume.

If you do not already have one, you can start by creating a referral network with other osteopathic physicians immediately. Contact your colleagues and inform them about the claims that have been made against you. Let them know you might forward some patients if your practice is suspended. It is unnecessary to warn your patients unless you must stop practicing indefinitely. However, having an alternative location to send them to is always wise.

What is an Accusation?

An Accusation is an official complaint prepared by the Attorney General's office. The document accuses you of multiple legal claims that may arise from being found guilty of offenses or being accused of other misconduct, such as substance misuse or failure to meet professional standards. Upon receiving an Accusation, you must promptly submit a Notice of Defense within 15 days. Failure to meet this deadline may lead to a default judgment against you, potentially resulting in the termination of your license.

How a License Defense Attorney Can Help

If your license and livelihood are at risk, contact a professional attorney specializing in licensing defense immediately. A knowledgeable attorney specializing in license defense will be well-versed in state regulations that impact your osteopathic license and be knowledgeable about the procedures for disciplinary actions.

An attorney specializing in professional licenses can adopt a proactive strategy to protect your professional licenses. They will assess the allegations against you to determine the best defense strategy. Based on the situation, their approach may include:

  • Meeting with the Board investigator from the office of the Attorney General or the Department of Consumer Affairs, to provide evidence contradicting the accusation or reducing the severity of disciplinary action.
  • Creating a rehabilitation strategy.
  • Cooperating with investigators and expert witnesses.
  • Collecting evidence to support a rehabilitation program or demonstrate mitigating circumstances.
  • Develop a defense strategy for the charges in preparation for an administrative hearing.

The main objective in each scenario is to resolve the complaint without resorting to formal disciplinary measures. If this is impossible and the inquiry progresses to the Accusation phase, your attorney will strive to secure a resolution that does not impose limitations on your license, including a public warning or reprimand.

If more severe disciplinary measures become necessary, they will collaborate with the OMBC to mitigate the consequences of probation, revocation, or license suspension. An experienced attorney can improve your chances of achieving a favorable outcome while enabling you to continue your career.

Find a Professional License Attorney Near Me

After losing your osteopathic license, figuring out your next step can be stressful. Most people rely on their careers as their source of income. For this reason, we cannot ignore the implications of losing a license. To explore the options for regaining your license, we recommend consulting with an experienced license attorney. We at San Bernardino License Attorney strive to offer an exceptional and effective legal service while focusing on your needs. If you need more information about defending your professional license, call us at 909-966-4095. We are ready to help you.