Osteopathic Board License Defense Lawyers
Osteopathic Board License Defense Lawyers
Having your osteopathic license investigated or facing disciplinary action can be incredibly stressful. Your reputation and livelihood are on the line. That’s why it’s crucial to have an experienced osteopathic board license defense lawyer on your side. They understand the complex laws and regulations governing osteopathic practice and can build the strongest defense for your case.
If you’re an osteopath in California, here are some key things to know about the investigation and discipline process, potential violations, and how an attorney can help defend your license:
Osteopathic Medical Board of California
The Osteopathic Medical Board of California (OMBC) is responsible for licensing and regulating DO physicians in the state. They have the authority to investigate complaints, file charges, and impose disciplinary actions against osteopathic licenses. Some potential violations they oversee include:
- Negligence and incompetence
- Excessive prescribing
- Sexual misconduct
- Substance abuse
- Fraud
- Unprofessional conduct
If the OMBC files an accusation against you, they have the power to revoke or suspend your license, place you on probation, issue a public reprimand, and more. That’s why you need an osteopathic license defense attorney on your side from the start.
Investigation Process
The investigation typically starts with a complaint filed against the osteopath. This prompts the OMBC to open a case and start gathering evidence. They may interview the complainant, request medical records, or seek expert reviews. If they feel the complaint has merit, they will contact you to get your side of the story.
It’s crucial not to ignore inquiries from the OMBC – this can lead to automatic license suspension. A defense lawyer can advise you on responding appropriately to avoid self-incrimination. They can also start building a defense strategy and negotiate with the board for early resolution when possible.
Formal Charges
If the investigation uncovers sufficient evidence of a violation, the OMBC will file formal charges against you. Some of the most common accusations include:
- Negligence – Providing substandard care that harms a patient. This covers everything from improper diagnosis to surgical errors.
- Incompetence – Lacking the skills and knowledge required to practice osteopathic medicine safely.
- Excessive prescribing – Overprescribing controlled substances without medical justification.
- Sexual misconduct – Engaging in sexual relations with a patient.
At this point, your license will likely be temporarily suspended until a hearing occurs. It’s essential to have a lawyer to fight the charges and defend your reputation. They can also seek a stay of suspension so you can continue practicing in the meantime.
Administrative Hearings
The OMBC will schedule a formal administrative hearing where they must prove the charges against you. As the defendant, you have the right to mount a vigorous defense with your osteopathic board license defense attorney. They will:
- Thoroughly examine the evidence and look for holes in the OMBC’s case
- Bring motions to exclude prejudicial or improper evidence
- Cross-examine the OMBC’s witnesses and experts
- Present favorable witnesses and experts to counter the charges
- Make compelling legal arguments to undermine the accusations
In some cases, they may be able to get the charges dismissed due to lack of evidence. If not, the goal is to negotiate the least damaging outcome, like probation or a public reprimand versus license revocation.
Appealing Disciplinary Decisions
If the hearing results in severe discipline against your license, there are still options for appeal. A dedicated osteopathic board license defense attorney can identify grounds for appeal and fight to overturn unfavorable rulings. Possible bases for appeal include:
- Procedural errors
- Unfair bias or conflicts of interest
- Insufficient evidence
- Excessive discipline
- Errors in statutory interpretation
Your lawyer can also seek a stay of discipline so you can continue practicing while the appeal is pending. Having skilled legal representation maximizes your chances of overturning disciplinary actions through the appeals process.
Applying for Reinstatement
If your license is revoked, you may be able to apply for reinstatement after 1-3 years per California law. The OMBC will evaluate your application to determine if you’ve been sufficiently rehabilitated to practice again. A reinstatement hearing may be required.
An attorney can guide you through the intricate reinstatement process. They will make sure you meet all requirements, gather favorable evidence of rehabilitation, and present a compelling case for restoring your license. Having legal support significantly improves the odds of regaining your license after revocation.
Criminal Charges
In some cases, osteopathic license investigations can uncover criminal violations like fraud or illegal prescribing. This leads to charges filed by the local District Attorney. Some examples include:
- Insurance fraud
- Prescription drug fraud
- Tax fraud
- Identity theft
- Distribution of controlled substances
Facing criminal charges related to your practice can put your osteopathic license – and freedom – at serious risk. A lawyer experienced in both professional discipline and criminal defense can help on both fronts. They can work towards getting the charges reduced or dismissed while also defending your license.
Why Legal Representation is Crucial
Navigating an osteopathic license investigation, disciplinary hearing, appeal, or criminal case is extremely complex. That’s why having an experienced attorney is so critical. As your legal counsel, they can:
- Advise you on how to respond to OMBC inquiries
- Build the strongest defense against charges
- Aggressively defend you in hearings
- Fight to overturn unfavorable rulings
- Negotiate settlements when appropriate
- Guide you through reinstatement
- Defend against related criminal charges
They understand all the intricacies of osteopathic regulation and disciplinary procedures. Their in-depth knowledge of defense strategies, negotiation tactics, and appeals gives you the best chance of preserving your reputation, license, and livelihood.
Choosing the Right Osteopathic License Defense Lawyer
When selecting legal representation for an osteopathic board matter, it’s important to choose someone with specific experience in this area. Look for a lawyer who:
- Has an in-depth understanding of osteopathic practice laws and regulations
- Regularly represents osteopaths before the OMBC
- Has a proven track record of favorable outcomes in osteopathic license cases
- Is respected by the OMBC and knows how to effectively negotiate
- Understands the standard of care for common violations like negligence
- Has experience with administrative hearings and appeals
Also consider lawyers who have experience with criminal cases related to professional discipline. Find someone you’re comfortable with and who will fight tirelessly in your defense.
Dealing with an osteopathic board investigation or license denial can jeopardize your livelihood and professional standing. But an experienced lawyer levels the playing field and gives you the strongest defense. They can help mitigate discipline and preserve your reputation and career.