California physicians recently arrested for crimes receive a letter from the Medical Board of California that begins “[t]he Medical Board of California has received notification from the Department of Justice of your arrest on [date] by the [name] police department ….”. This letter, captioned “PERSONAL & CONFIDENTIAL”, sternly reminds physicians of their obligation under Business
California Physicians Face Aggressive Board Investigations
Investigators, with More Resources, Dig for Evidence of Abuse, Impairment, Health Issues and Errors Beyond Received Complaints
According to the Medical Board of California’s 2022 Sunset Review, the Medical Board of California conducted nearly 10,000 investigations in its 2021-2022 fiscal year. According to the report, during the pandemic the Board struggled with investigations. The
New Law SB-806 Allows Medical Board of California to Increase Costs for Investigations Against Physicians
As of January 1, 2022, an amendment to SB-806, Section 125.3, reimposes the Medical Board of California’s ability to recover costs when investigating and prosecuting licensed physicians facing discipline from the very physicians they are prosecuting.
What is cost recovery?
For the Medical Board of California, cost recovery for pursuing discipline against a physician accused
C.U.R.E.S. – Mandatory and More Powerful Than Ever
California’s Controlled Substance Utilization Review and Evaluation System, or C.U.R.E.S. (CURES) for short, is a prescription monitoring program aggregating DEA Schedule II, II and IV prescriptions. Maintained by the California Department of Justice and primarily used by physicians, podiatrists, dentists, physician assistants, optometrists, nurse practitioners, pharmacies and pharmacists, C.U.R.E.S. represents a massive, relatively
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
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
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