A physician client came to Ray & Bishop, PLC, after receiving a Statement of Issues from the California Medical Board alleging that the client had a history of substance abuse and mental health concerns. The California Medical Board obtained the client’s medical history, and using the medical records from prior hospitals, alleged that the client
California Medical Board Licensing
Trends in Medical Board License Defense in California
The California Medical Board received 8,679 complaints in fiscal year 2015-16 according to its latest comprehensive enforcement activity report. During that same period, 299 accusations were filed by the Medical Board of California. Medical license defense cases came from complaints overwhelmingly from the public, but also from complaints from license and professional groups and other…
Avoiding Medical Board Discipline Triggered by an 805 Report
Under Business and Professions Code section 805, a hospital peer review committee makes a required report to the Medical Board of California. An “805 Report,” as it’s called, is typically filed if a physician is denied hospital privileges or loses hospital privileges for longer than 30 days. Suspensions longer than 14 days can require…
Medical Board Requests for Patient Records Can Spell Trouble
In response to a patient complaint, a report of a large malpractice settlement, or a report of a loss of privileges, among other reasons, the Medical Board of California may choose to investigate patient care. Often, to an unsuspecting California physician, the first sign of trouble is receipt of a request for patient records from…
The Role of the Medical Expert Reviewer at the Medical Board Investigation Interview
The Medical Board of California investigates complaints against physicians using its team of investigators who work from its headquarters in Sacramento and from its field offices. Complaints may come from CURES reports reviews, 805 reports, lawsuits, or patient complaints. For many complaints, an assigned investigator will contact the physician and ask the physician to…
The Changing Face of Disciplining Physicians for Overprescribing
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…
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…