Each year, about 150 California physicians lose their license to practice medicine due to surrender or revocation. However, only about 10 percent, 15 or so, attempt to reinstate their medical license through a petition for reinstatement. Reinstating a surrendered or revoked California medical license is not a lost cause. With proper preparation, organization, patience, persistence
California Physicians May Not Be Punished for Giving Pain Treatment to Patients Who Test Positive for Marijuana
California State Assembly Bill 1954 (AB 1954) has added a new law, California Business and Professions Code section 2228.5, which shields California physicians from Medical Board punishment for providing medical treatment to patients who merely test positive for THC or report medical cannabis use. Prior to the enactment of this new law, some
Responding to Medical Board Arrest Notification Letters
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
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
Department of Consumer Affairs (DCA) Division of Investigation
The Department of Consumer Affairs, or DCA, is a California state government department that is the umbrella organization over almost all California state licensing agencies, from the Medical Board of California to the California Board of Accountancy. If a California licensing agency receives a complaint or notice of alleged unprofessional conduct alleged to
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
If the Agency Says You Can’t Do Better at Hearing, Don’t Believe Them!
As professional license defense attorneys, we try to negotiate a settlement offer for our clients in every case. The more options we can provide to our clients, the better, and some clients want to avoid the cost and uncertainty of hearing no matter what. Sometimes the agency digs in against the client and refuses to
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 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