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Medical Board of California: Investigation, Accusation and Disciplinary Actions Guide
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Medical Board of California: Investigation, Accusation and Disciplinary Actions Guide
The Medical Board of California (MBC) is responsible for licensing and regulating physicians in California. The MBC investigates complaints and allegations of misconduct against physicians and can impose disciplinary actions if violations of the Medical Practice Act or other laws are found. This guide explains the key steps and processes involved when a complaint against a physician triggers an MBC investigation and potential disciplinary action.
Overview of the Disciplinary Process
There are several stages in the MBC’s disciplinary process:
- A complaint or issue is reported to the MBC
- The MBC investigates the complaint
- If warranted, the MBC files a formal accusation against the physician
- The physician responds and an administrative hearing is held
- The physician can appeal the decision through a writ of mandate
- The physician may later petition for relief or license reinstatement
The entire process from initial complaint to final resolution can take many months or even years. Having an experienced attorney can help physicians navigate this complex system and achieve the best possible outcome.
How Investigations Begin
The MBC receives complaints from various sources, including[1]:
- Patients
- Other healthcare professionals
- Facilities like hospitals and clinics
- Law enforcement
- Mandatory reports:
- 805 reports – peer review actions
- Coroners reports of deaths due to physician negligence
- Court notifications of malpractice awards or settlements
- Actions against a license by another state medical board
The MBC reviews all complaints to determine if an investigation is warranted. Priority is given to complaints involving[5]:
- Patient death or serious bodily injury
- Impairment of the physician
- Sexual misconduct
- Urgent public safety concerns
If the MBC decides to investigate, the case is assigned to an investigator, usually located in a regional field office near where the incident occurred.
The Investigation Process
Investigations are conducted by sworn peace officers with the Department of Consumer Affairs (DCA). Typical investigative steps include[5]:
- Obtaining medical records and other evidence
- Interviewing the complainant, witnesses, and physician
- Inspecting the location of the alleged violation
- Using subpoenas to compel documentation or testimony
- Getting expert reviews of the medical issues involved
The physician will be notified of the investigation and given a chance to respond to allegations. The complainant’s identity may be kept confidential.
Investigations related to patient death or serious harm are prioritized. For less urgent cases, it may take 6 months or longer before the complainant or physician is contacted.
If the investigation does not find sufficient evidence of a violation, the case is closed. If a violation occurred but was minor, education or warnings may be issued instead of formal discipline.
Medical Board Accusations
An accusation is a legal document listing the specific charges and laws that were allegedly violated. Common allegations in accusations include[6]:
- Gross negligence
- Repeated negligent acts
- Incompetence
- Dishonesty
- Sexual misconduct
- Excessive prescribing
- Failure to maintain adequate records
- Conviction of a crime
The accusation is served to the physician, who then has 15 days to file a Notice of Defense disputing the charges. If no defense is filed, the physician forfeits the right to a hearing and the MBC can take disciplinary action.
MBC Disciplinary Actions
If violations are proven, the MBC has discretion to impose disciplinary actions appropriate for the offense[3]. Typical penalties include:
- License revocation
- License suspension
- Probation with conditions like supervision, education, or drug testing
- Public reprimand
- Fine/cost recovery
More serious violations generally result in more severe discipline. However, factors like taking responsibility and demonstrating rehabilitation may mitigate penalties.
Seeking Reinstatement
A physician whose license is revoked or surrendered due to discipline may later petition for reinstatement or modification of penalties. However, reinstatement is not guaranteed and strict eligibility criteria apply.
The physician must show they have been rehabilitated, complied with all MBC orders, and are fit to safely practice medicine again. Extensive evidence and multiple hearings are usually needed. Again, skilled legal counsel is highly advisable when seeking reinstatement.