How to Protect Your Medical License During a California Board Investigation

As a physician in California, your license is your livelihood. Any investigation by the Medical Board of California can put your ability to practice medicine at risk.

At TONG LAW, we understand how stressful and high-stakes these situations can be. In this article, we’ll walk you through what you need to know to protect your license during a board investigation.

The Medical Board of California: Licensing, Investigations, and Discipline

The Medical Board of California is the state government agency responsible for licensing and regulating physicians. Under the Medical Practice Act (California Business and Professions Code Sections 2000-2529.5), the Board has the authority to investigate complaints against physicians and take disciplinary action when necessary to protect public safety.

Disciplinary measures can range from citations and fines to probation, license suspension, or even revocation in serious cases.

While these consequences are serious, remember – an investigation is not a final determination of wrongdoing. You have rights and options for defending your license. The key is to take the matter seriously and be proactive in your response.

What Triggers a Medical Board Investigation?

Medical Board investigations can stem from a variety of sources, including:

• Patient complaints
• Mandatory reporting by hospitals, insurers, or other licensees
• Referrals from other agencies
• Criminal arrests or convictions
• Medical malpractice settlements or judgments

When the Board receives a complaint, it’s reviewed by staff to determine if it falls within their jurisdiction and alleges a potential violation of the Medical Practice Act. If so, the complaint is referred to the Department of Consumer Affairs, Division of Investigation, to be assigned to an investigator.

The California Medical Board Investigation Process

The investigative process typically involves the following steps:

1. Evidence gathering: The investigator will obtain relevant records, including patient medical records, hospital files, billing records, and more. They may also interview the complainant, witnesses, and the physician.
2. Medical review: If the complaint raises quality of care concerns, the case will be reviewed by a medical expert to determine if there is a deviation from the standard of care.
3. Physician interview: The investigator will likely ask to interview you to get your side of the story and ask questions about the complaint. It’s important to have legal representation present to protect your rights.
4. Completion of investigation: Once the investigation is complete, the investigator prepares a report detailing their findings and recommended action. The Board reviews the report and determines whether there is sufficient evidence to warrant disciplinary action.
5. Referral to the Attorney General: If the Board finds clear and convincing evidence of a violation, the case is referred to the Office of the Attorney General, Health Quality Enforcement Section, to initiate disciplinary proceedings.

The investigation process can take months, but certain cases are prioritized if they present an urgent risk to public safety, such as sexual misconduct or gross negligence resulting in serious harm.

Your Rights and Responsibilities During an Investigation

As a licensee, you have certain rights and responsibilities when you’re the subject of a Board investigation.

Duty to Cooperate

Physicians have a duty to cooperate with Board investigations. This includes:

• Furnishing relevant documents and complying with investigational subpoenas
• Answering questions fully and honestly
• Not intimidating or obstructing the investigation

Failure to cooperate can itself be grounds for discipline, so it’s important to be responsive and professional in your dealings with investigators. That said, you also have the right to legal counsel, and we recommend involving an attorney early in the process to communicate with the Board on your behalf.

Confidentiality

Complaint and investigation details are considered confidential. The Board can’t disclose the existence of a complaint or investigation except to certain authorized entities. However, once an accusation is filed to initiate disciplinary action, it becomes a public record, and the details can be disclosed.

Strategies to Protect Your License During an Investigation

If you’re facing a Board investigation, there are proactive steps you can take to build your defense and work to protect your license:

Engage an Experienced Medical License Defense Attorney

When your license and livelihood are on the line, don’t go it alone. An experienced medical license defense attorney can make all the difference in the outcome of your case. At TONG LAW, we have represented countless physicians before the Medical Board and know how to navigate the investigation process. We can:

• Communicate with the Board on your behalf
• Gather and review evidence
• Prepare you for investigative interviews
• Identify and retain expert witnesses
• Negotiate a favorable settlement when possible
• Advocate for you in administrative hearings

Cooperate with the Investigation

As previously mentioned, physicians have a duty to cooperate with board investigations. Failure to respond to inquiries or provide requested records can lead to disciplinary action for non-cooperation. While you should never speak with investigators without your attorney present, it’s important to respond promptly and professionally through your counsel.

Organize Your Records and Response

Thorough, organized medical records are often the best defense against a complaint. As soon as you’re aware of an investigation, start gathering all relevant records and documentation. Your attorney can help you review the records and prepare explanatory responses to the Board’s inquiries.

Consider Proactive Remedial Measures

In some cases, taking proactive steps to address any deficiencies can mitigate disciplinary action. For example, if a complaint alleges substance abuse issues, entering a treatment program and committing to ongoing monitoring can demonstrate rehabilitation efforts. Your attorney can advise you on appropriate remedial measures for your situation.

Potential Outcomes of Board Investigations

Board investigations can result in a range of outcomes, from case closure to disciplinary action. Potential dispositions include:

No Violation Found

If the investigation doesn’t reveal sufficient evidence of a violation, the case will be closed without action. The details will remain on file at the Board, but won’t be public.

Citation and Fine

For minor violations, the Board may issue a citation and fine. While citations are considered disciplinary action, they are not typically reported to the National Practitioner Databank.

Public Reprimand

A public reprimand is a formal disciplinary action for more serious violations that haven’t resulted in patient harm. It’s a public record and reported to the NPDB.

Probation

The Board may place a physician on probation for a specified period. Probation comes with terms and conditions the physician must comply with, such as coursework, training, supervision, or practice limitations. A probationary license status is public and reported.

License Suspension or Revocation

In cases of egregious violations or where a physician is deemed unsafe to practice, the Board may suspend or revoke their license. A suspension is for a defined period, after which the physician must petition for reinstatement.

A revocation is considered a complete termination of licensure. To regain a revoked license, the physician must wait a minimum of 3 years and then apply for a new license, demonstrating rehabilitation.

Surrender of License

A physician may elect to voluntarily surrender their license rather than contest disciplinary charges. Surrender has the same effect as revocation.

What If You Were Wrongfully Terminated During or After a Board Investigation?

Sometimes, employers wrongfully terminate physicians after a board complaint or investigation. This retaliation is prohibited under California law.

California Labor Code Section 1102.5 protects employees from retaliation for reporting suspected legal violations to a government agency. If you were fired because of a board complaint, you may have a claim for wrongful termination in violation of public policy.

To prove wrongful termination, you’ll need to show:

1. You were an employee
2. You were terminated, demoted, or subjected to an adverse employment action
3. You engaged in protected activity (like filing a board complaint)
4. The protected activity was a substantial motivating reason for the termination

The remedies available for wrongful termination may include:

• Reinstatement of employment
• Back pay and benefits
• Compensatory damages
• Punitive damages
• Attorney’s fees

There is a statute of limitations for wrongful termination claims, so it’s important to speak with an employment law attorney promptly. We handle both medical license defense and employment law claims at TONG LAW and can protect your rights on both fronts.

Consult with TONG LAW for Your Medical License Defense Needs

At TONG LAW, we are dedicated to defending physicians during board investigations and license disciplinary matters. We know how to build a strong defense to protect your license, livelihood, and reputation.

If you’re facing a medical board complaint in California, contact us today for a confidential consultation to discuss your rights and options.