When your medical license is at risk in Sacramento, you need a defense attorney who understands California’s healthcare regulations and the high stakes involved. At TONG LAW, we focus on protecting the careers and reputations of medical professionals facing investigations or disciplinary actions across California.
We guide you through the legal process, defending your medical license defense with targeted strategies and strong representation. Whether you’re dealing with patient complaints, allegations of misconduct, or regulatory compliance issues, we’re here to safeguard your right to practice medicine. Don’t let licensing challenges threaten your future—let TONG LAW fight for your professional life.
Governing Bodies and California Medical License Law
The Medical Board of California (MBC), an agency within the Department of Consumer Affairs, oversees medical licenses in the state.
The MBC regulates healthcare industries under its jurisdiction to protect consumers and ensures that physicians and other medical professionals maintain valid licenses.
The Board’s powers include:
- Investigating complaints against medical professionals.
- Disciplining licensees who violate laws or professional standards.
- Enforcing California’s statutes and regulations related to the practice of medicine.
Key statutes governing California medical licenses
Several laws govern the disciplinary process for medical professionals in California.
- Cal. Bus. & Prof. Code § 2220: Grants the MBC the authority to take action against a licensee for unprofessional conduct, which includes gross negligence, repeated negligent acts, incompetence, and other forms of misconduct.
- Cal. Bus. & Prof. Code § 2227: Under this section, the Board may revoke or suspend a license if the licensee is found guilty of unprofessional conduct or other statutorily enumerated offenses.
- Cal. Bus. & Prof. Code § 2234: Defines unprofessional conduct for medical professionals, including violating any provision of the Medical Practice Act, gross negligence, repeated negligent acts, and other forms of misconduct.
- Cal. Bus. & Prof. Code § 2236: Allows the Board to take action against a licensee charged with or convicted of a felony or any offense substantially related to a physician’s qualifications, functions, or duties.
These are just a few examples of the many statutes that come into play in medical license defense cases. Our medical license defense attorneys at TONG LAW in Sacramento understand these laws and how they apply to your unique situation.
Serving Sacramento’s Diverse Medical Community
At TONG LAW, we’re immersed in Sacramento’s dynamic healthcare community, representing medical professionals from diverse practice settings across the region. Our experience spans a wide range of medical settings, including:
- UC Davis Medical Center: A leading academic medical center known for its specialties in cancer, cardiology, and neurology.
- Sutter Medical Center and Sutter Roseville Medical Center: Offering comprehensive services from cancer treatment to heart and vascular care.
- Kaiser Permanente South Sacramento and Roseville Medical Centers: Providing a wide array of services, including emergency and specialized care.
- Mercy General Hospital and Mercy San Juan Medical Center: Part of the Dignity Health network, renowned for cardiac care and other specialties.
- Methodist Hospital of Sacramento: Another Dignity Health facility known for its emergency care and orthopedics.
From major hospitals to private practices, we adapt our defense strategies to your specific professional environment. Our familiarity with Sacramento’s medical landscape enables us to provide targeted representation, defending the rights and licenses of healthcare providers across all specialties.
California Medical License Investigation Process
When the MBC receives a complaint against a medical professional, a multi-step investigation process begins that can have severe consequences for the licensee.
Let’s look at the key phases of a medical license investigation.
Initial Review of the Complaint
The process typically starts with an initial review of the complaint by Board staff. If they determine that there is sufficient evidence to warrant further investigation, the case is assigned to an investigator.
Investigation Phase
During this phase, the MBC may ask you for a written response to the allegations or to appear for an interview with the investigator. In this situation, we recommend having our attorneys guide you through this process to protect your licensing rights.
Referral to the Attorney General’s Office
If the investigation reveals evidence of wrongdoing, the MBC Will refer the case to the Attorney General’s office for further action. At this point, you’ll receive a formal accusation outlining the charges against you and have the opportunity to request an administrative hearing.
Administrative Hearing
This hearing is similar to a trial, with evidence presented and witnesses called to testify. The outcome will determine whether the MBC will subject your license to disciplinary action.
Every physician facing a complaint or accusation should understand the medical license investigation process.
By partnering with our professional license defense attorneys at TONG LAW, you can confidently approach each stage of the process, knowing that you have skilled advocates working to protect your license, reputation, and ability to continue practicing medicine.
Common Reasons for Medical License Investigations
There are many reasons why a medical professional may come under scrutiny by the Board.
Patient Complaints
The law obliges the Board to investigate if a patient files a complaint alleging substandard care, inappropriate behavior, or other professional misconduct.
Criminal Charges or Convictions
Medical professionals who are charged with or convicted of a crime, particularly one involving moral turpitude or questionable behavior related to the practice of medicine, may face disciplinary action.
Substance Abuse Issues
Physicians and other healthcare providers who struggle with drug or alcohol addiction may be subject to Board intervention, particularly if their substance abuse impacts their ability to practice safely.
Failure to Meet Continuing Education Requirements
Like many states, California requires medical professionals to complete a certain number of continuing education hours to maintain their licenses. Failure to do so can trigger an investigation.
Allegations of Unprofessional Conduct
This broad category encompasses a wide range of behaviors, from boundary violations and sexual misconduct to fraud and abuse of prescription privileges.
No matter the reason for the investigation, you recommend seeking counsel as soon as possible.
Strategies for Defending Your Medical License
The key to your defense is to take action quickly and get help from an experienced professional license defense attorney.
At TONG LAW, we will develop a comprehensive defense strategy around the unique facts of your case.
This work may involve:
- Responding to Medical Board inquiries and providing evidence to refute the allegations against you.
- Gathering expert testimony and other evidence to support your case.
- Negotiating with the Attorney General’s office to reach a favorable resolution
- Representing you at an administrative hearing and presenting strong defense arguments on your behalf.
- Filing a writ of mandate to appeal an unfavorable decision by the Board.
Collateral Consequences of Medical License Discipline
Disciplinary action against your medical license usually extends beyond the Board’s jurisdiction.
In addition to potentially losing your ability to practice medicine, you may also face:
- Exclusion from participation in Medicare, Medicaid, and other federal healthcare programs.
- Loss of hospital privileges and credentialing.
- Adverse action by other states’ licensing boards if you hold licenses elsewhere.
- Damage to your professional reputation and standing in the medical community.
- Difficulty obtaining malpractice insurance or other necessary credentials.
These collateral consequences underscore the importance of mounting a solid defense and doing everything possible to protect your license.
How Sacramento Medical License Defense Attorneys Help
When the MBC launches an investigation into your medical practice, you need TONG LAW on your side. Our professional license defense attorneys bring a wealth of experience and knowledge to the table, with backgrounds in administrative law, criminal defense, and other licensing matters.
If you’re facing an investigation or disciplinary action by the MBC, the sooner you seek counsel from TONG LAW, the faster we can begin building your defense.
Contact us today to request an appointment and take the first step toward protecting your future.