Surgeons and physicians play a vital role in the healthcare sector. They diagnose and treat medical conditions through surgical procedures, medication, and therapy. You must complete your education and obtain a license from the California Medical Board to practice as a surgeon or physician.
The medical board ensures public safety by setting standards to which the professionals must adhere. Professionals who deviate from the expected standards of practice are reported to the board. The board investigates the claims and can impose disciplinary action.
Facing a medical license investigation or disciplinary action is a challenging experience. The consequences of a professional or ethical violation could have a devastating impact on your practice.
If you face medical license issues in San Bernardino, CA, you should not navigate the complex process alone. At San Bernardino License Attorney, we offer reliable and personalized legal representation for our clients battling license defense.
Duties and Responsibilities of Surgeons and Physicians in Healthcare
Surgeons and physicians play vital roles in healthcare by managing patients' medical conditions. Their responsibilities in ensuring safe and effective patient care include:
- Diagnosis and assessment. Surgeons and physicians diagnose illnesses through physical exams, medical histories, and diagnostic tests. Their ability to accurately assess and identify conditions is critical to patient care.
- Treatment planning. Physicians create individualized treatment plans. When creating the plan, they consider the patient's health status, medical history, and preferences. The treatment plans involve medication, surgery, lifestyle changes, or therapy.
- Surgical procedures. Surgeons perform operations to treat injuries, diseases, and deformities. Their responsibility is to ensure the procedure is safe and effective.
- Prescribing medication. Physicians prescribe appropriate medications based on diagnoses. They also ensure the drugs are effective by monitoring for potential side effects.
- Patient education. Surgeons and physicians educate patients on their health conditions and treatment options.
- Medical research and continuing education. Surgeons and physicians must stay updated with medical advancements. They research new treatments, technologies, and procedures.
Role of the Medical Board of California
The CMB regulates the practice of surgeons and physicians in California. The critical roles of the board include:
Licensing and Certification
You must hold a valid license to practice as a surgeon or physician in California. The CMB issues and renews medical licenses. Before issuing the license, the board will verify whether you meet educational requirements. Additionally, it administers a licensing examination, which you must pass. Enforcing these requirements ensures that only qualified individuals are allowed to practice medicine.
Providing Public Information
The CMB offers essential public resources. They include a database of licensed physicians, disciplinary actions, and physician profiles. It helps the public make informed decisions when seeking medical care. Additionally, it ensures transparency in the medical profession.
Establishing Standards of Practice
The CMB establishes and enforces standards for medical practice in California. The board develops regulations on the ethical and professional conduct of physicians. Additionally, it enforces requirements for continuing education. These guidelines ensure the quality of healthcare in the state.
Investigating Complaints
The CMB investigates complaints against licensed medical professionals. These complaints may come from patients, colleagues, or other healthcare entities. The board investigates allegations of unprofessional conduct and other violations of medical standards.
Imposing Disciplinary Actions
The CMB has the authority to impose disciplinary action against professionals found liable for a violation. These disciplinary actions may include issuing citations, suspending, and revoking licenses. The disciplinary action aims to protect the public from potential harm. Additionally, it helps maintain high professional standards.
Violations Committed by Physicians and Surgeons
Physicians and surgeons are held in high professional regard for their critical roles in health care. California Business and Professions Code 2234 outlines the grounds for disciplinary action for physicians and surgeons. They include:
Substance Abuse or Impairment
Physicians and surgeons pose a significant risk to patient safety by abusing drugs or alcohol. Impaired professionals may make critical errors in judgment, leading to patient harm. California law mandates that medical professionals maintain a certain level of competence. Therefore, substance abuse violations can result in suspension or revocation of medical licenses.
Gross Negligence or Incompetence
Surgeons and physicians must meet specific standards of care when providing treatment. Gross negligence involves acting in a way that places patients at risk of harm or death. You risk losing your license for failing to follow established procedures of care. The types of disciplinary action you face for negligence will vary depending on the severity of harm you cause.
Sexual Misconduct
As a surgeon or physician, your relationship with your patients must remain professional. Sexual misconduct involves inappropriate physical contact or exploitation of patients. Engaging in a sexual relationship with a patient is a serious breach of professional ethics. California’s medical board investigates allegations of sexual misconduct thoroughly. If the board finds you liable for the violation, it can impose severe disciplinary action.
Fraud and Misrepresentation
Fraudulent practices include:
- Submitting false billing for services not provided,
- Falsifying patient records
- Misrepresenting qualifications.
Such activities can lead to significant financial losses for patients and the healthcare system. The medical board imposes severe disciplinary action on professionals caught engaging in fraud. Additionally, the professional could face criminal charges, resulting in incarceration.
Patient Abandonment
Surgeons are responsible for caring for patients. Abandonment occurs when a physician terminates the doctor-patient relationship without providing notice.
Abandonment can lead to severe consequences for patients and healthcare providers. As a surgeon or physician, you could face disciplinary action for failure to ensure the safety and well-being of your patients.
Failure to Maintain Patient Confidentiality
Patient confidentiality is a cornerstone of medical ethics. Patients will disclose their details to you during treatment. Allowing unauthorized access to patient information is a violation of ethical standards. You risk losing your license and facing legal action for compromising patient confidentiality.
Overprescribing Medication
Physicians and surgeons often prescribe medications to their patients. Overprescribing medications, especially opioids, is a common issue in healthcare. Doctors who overprescribe controlled substances can contribute to the growing opioid crisis.
In California, medical professionals found guilty of overprescribing can face license suspension. Additionally, they can face criminal charges under the California Health and Safety Code.
Failure to Report Other Violations
Physicians must report any violations of medical ethics, including misconduct by their colleagues. Failure to report such violations compromises the integrity of the medical community. For this violation, you risk facing severe license discipline.
Criminal Convictions
Facing an arrest or criminal charges is a devastating experience. Most defendants fear the potential incarceration that could result from a conviction. However, you will likely lose your professional license as a licensed surgeon or physician.
The board can impose disciplinary action after your conviction for the following offenses:
- Driving under the influence of drugs (California Vehicle Code 23152)
- Child abuse (California Penal Code 273(d)(a))
- Assault (California Penal Code 240)
- Embezzlement (Penal Code 503)
Disciplinary Process by the California Medical Board
If a physician violates the practice or ethical standards, the CMB starts a disciplinary process to address these issues. The process takes the following steps:
Complaint Filing
The disciplinary process against a surgeon or physician begins with filing a complaint. Complaints may come from patients, colleagues, healthcare institutions, or other entities. The board receives complaints about malpractice, substance abuse, and unethical conduct. The Medical Board also conducts investigations based on referrals from different agencies.
Initial Review
After receiving a complaint about a surgeon or physician, the board conducts a review. It helps determine the basis of the complaint. Additionally, the review will determine whether the complaint falls within the CMB's jurisdiction. The CMB transfers complaints not within its authority to relevant departments. After determining that the complaint falls within its jurisdiction, the board will notify you.
The Notice of Complaint is a formal document that outlines the allegations against the physician. At this point, you have the opportunity to respond to the charges. You have up to fifteen days to respond to the notice and notify the board of your intentions to contest the allegations.
Investigation
The Medical Board assigns an investigator if a case progresses beyond the initial review. The investigation process involves
- Interviewing witnesses, including the complainant
- Collecting medical records,
- Obtaining expert opinions and other necessary procedures.
The investigator gathers facts to determine whether you violated the law or medical standards. The investigation can take several months, depending on the case's complexity.
Stipulated Agreement
The board proposes a stipulated agreement if it has enough evidence against you after the investigation. The deal is an out-of-court settlement where you accept liability for the violation. In exchange, your case will go through a disciplinary process and skip an administrative hearing.
Stipulated agreements are not always favorable. Therefore, you must consult a reliable license-defense attorney. If you enter a stipulated agreement, your attorney can help you negotiate for a more lenient disciplinary action.
Administrative Hearing
If you contest the accusation, the board will schedule an administrative hearing before an Administrative Law Judge. The ALJ will examine the evidence and make a recommendation to the Medical Board.
At the administrative hearing, you can present evidence, question witnesses, and provide a defense. The ALJ has up to thirty days after the hearing to issue a decision on your case.
Decision and Order
After the administrative hearing, the Administrative Law Judge sends a proposed decision to the board. The Board reviews this decision and can accept, change, or reject the judge’s findings.
Appeal
You have a right to appeal the Medical Board’s decision. You can file the appeal with the California Superior Court if you believe there were errors in your disciplinary hearing. You must file the appeal within 60 days of receiving the board's decision for a chance at a case reconsideration.
Disciplinary Actions by the California Medical Board
The California Medical Board oversees the practice of medicine in the state. The board ensures that medical professionals adhere to high ethical and professional standards. The board may impose disciplinary actions when a physician's behavior or practice deviates from these standards. Common types of disciplinary actions taken by the California Medical Board include:
Public Reprimand
A public reprimand is a formal, written statement issued by the board about your conduct. The board can issue citations for professionals found liable for minor violations. The citation serves as an official warning against future violations. A public reprimand does not impact your ability to practice medicine. However, the board can use it as a reference during future disciplinary proceedings.
Fines
The board can impose a fine on a physician as part of their disciplinary actions. Fines may accompany other actions, such as probation or license suspension. Violations like inadequate record-keeping could result in a fine.
License Probation
The medical board can put you on professional probation for a practice or ethical violation. While on probation, you can continue to practice as a surgeon or physician. However, the board will impose strict conditions you must follow throughout probation.
These conditions include more training, regular evaluations, or monitoring by the board. Probation applies to less severe violations.
License Suspension
The California Medical Board can suspend your license for more serious violations. You cannot practice as a physician or surgeon after a license suspension. The suspension period ranges from one to five years, depending on the severity of your violations. After the suspension period has ended, you can petition the CMB to reinstate your license.
Revocation of License
A revocation is the most severe action the board can take against your medical license. The medical board permanently removes a physician’s license with this disciplinary action. The board can revoke your license for serious violations, such as gross negligence or criminal convictions.
Find a Competent License Defense Attorney Near Me
Obtaining a license to practice as a surgeon or physician in California takes years of hard work and dedication. Unfortunately, your efforts can go down the drain when you lose your license through disciplinary action by the California Medical Board.
The board regulates the practice of surgeons and physicians. It sets ethical and practice standards that each professional must follow. Violating the board's regulations could result in an investigation and disciplinary action. As a surgeon or physician, you could be reported to the board for fraudulent billing, gross negligence, and patient abuse.
After receiving the report, the board investigates it and holds an administrative hearing where you can defend your license. Navigating the license disciplinary proceedings in San Bernardino, CA, is complex. Therefore, you will require expert legal guidance from the San Bernardino License Attorney. Contact us at 909-966-4095 to discuss your case.
