Since late 2015, the Medical Board of California and the California Board of Pharmacy have begun to increase enforcement actions and penalties for perceived overprescribing of prescription drugs, particularly opioid drugs such as hydrocodone and oxycodone (Vicodin and OxyContin/Percocet). High-profile celebrity deaths due to opioid overdose, coupled with rising addiction rates nationwide, have
California Medical Board Licensing
Medical Board of California Seeks to Punish a Single DUI Conviction
In California professional licensing law, a second or greater drunk driving conviction seems to invite certain discipline. However, in certain circumstances, the Medical Board of California has been known to investigate and discipline physicians for a single drunk driving conviction. Although there is but a single conviction, the Board invariably seeks to paint the physician…
Fourth Disciplinary Case Against Physician Dismissed
Our firm just received a decision from the fourth consecutive disciplinary case against a physician by the Medical Board of California. The physician was already on probation, and in two prior cases, the physician’s probation had been extended. The Board accused the physician of misconduct while on probation, and forced the physician to make statements…
Understanding the “Unusual Circumstances” Background Questions on the Medical Board of California License Application
The Medical Board of California’s physician license application asks about "unusual circumstances" in both medical school and during residency. These questions can be a trap for the unwary. First off, the applicant sends forms to the medical school and residency program(s) which have identical "unusual circumstances" questions. The program or school responds directly to the…
California Medical Board Investigations of Criminal Actions
The California Medical Board routinely investigates criminal convictions and often even criminal arrests suffered by California physicians. These investigations are handled by Board investigators out of field offices throughout California, including offices in Tustin, Cerritos and Valencia in southern California. Thoughtful preparation for one of these interviews can make the difference between receiving a career…
Avoiding Sunset, Medical Board Faces Continuing Pressure to Step Up Investigations
Facing possible “sunset” this year (expiration of the legal authorization to exist), the Medical Board of California is nearing a renewal for another four years after having successfully avoided a major overhaul. SB 304 will move the Medical Board’s investigators to the Department of Consumer Affairs. The Medical Board currently maintains its own force of…
Medical Board Investigations Closed Without Discipline
One of our most common case types is the Board investigation into criminal convictions suffered by licensees. We are very proud of our track record resulting in the almost all of these cases being closed without any adverse action by the Board. Only attorneys who regularly handle Board investigations can anticipate the Board’s concerns and…
Building a Defense Against California Medical Board Discipline Triggered by Criminal Matters
A license law attorney brings a long-term perspective of potential future license consequences that can educate the criminal defense attorney and his client. One of the biggest mistakes that physicians make is to fail to appreciate the serious fallout and lasting career damage that can result from a criminal investigation or prosecution.
Continue Reading Building a Defense Against California Medical Board Discipline Triggered by Criminal Matters
CURES Database Tracks Suspicious Prescription Activity
For about 70 years, the California Department of Justice tracked prescriptions of narcotic medications as a means to detect prescription drug abuse. In 2008, then-Attorney General Jerry Brown set out to modernize the system, which came to be known as CURES, or Controlled Substance Utilization Review and Evaluation System, so that instead of calling or…
Disclosure of Criminal Actions by California Physicians
California physicians must self-report criminal actions to the Medical Board of California. This mandatory reporting occurs independent of license renewal, although similar disclosure is also required on the license renewal form. Since license renewals ask for adverse information disclosure, basic compliance is relatively easy. [However, written explanations that usually must accompany a renewal or…