Medical License Defense  >  Physician License Defense

California Physician License Defense Attorneys 

Ray & Bishop attorneys aggressively represent California physicians and surgeons in license applications, investigations, disclosures, denials, accusations, appeals, reinstatements, and related legal matters.

Our strategy is simple: prevent problems, fight for the client if accused, and appeal unfair results.  Our focused, experienced, dedicated license and regulatory practice gives you the advantage.  Contact Ray & Bishop for a prompt, thorough and thoughtful discussion of your legal issue with one of our experienced physician license defense attorneys.

Defending Physician Licenses in Situations from Simple Mistakes to Complex Disputes

Choosing an experienced, knowledgeable license defense attorney is key to getting the best result from your Medical Board of California license matter. Ray & Bishop attorneys defend physicians and surgeons in all disciplinary situations, including:

• Prescribing errors, including overprescribing, prescribing pain medication to addicts, prescribing without a required examination, and prescribing to family members or oneself.
• Medical errors that result in patient injury or death.
• Mental illness, addiction or substance abuse that results in alleged impairment.
• Criminal convictions, from a single drunk driving conviction to felony charges.
• Boundary violations with patients, including improper conduct and forbidden relationships.
• Inappropriate or sexual touching of patients.
• Aiding and abetting the unlicensed practice of medicine or failure to properly supervise registered nurses.
• Fraudulent billing or kickbacks for healthcare services.
• Errors or fraud in charting, recordkeeping and practice management.
• Failure to carry out mandatory reporting, including child abuse, elder abuse, lapse of consciousness and injury from a criminal act.
• Discipline of a license in another state or by another agency.

Medical Board License Applications &  

Adverse History Disclosures

We also aid physicians in the Medical Board license application process. The California Medical Board physicians and surgeon’s license application contains 40 background questions, plus additional specific medical school and postgraduate training “unusual circumstances” questions, making it one of the most thorough applications in the United States. The medical school and postgraduate training background forms are compared with companion forms sent to the applicant’s medical school and all training programs, maximizing the likelihood of disclosure of any adverse history event. Issues that give rise to problems in physician license applications include:

• Criminal convictions.
• Improper conduct in medical school or in a post-graduate program that results in a reportable adverse action.
• Concerns regarding physician competency arising from adverse actions in post-graduate training.
• Evidence of substance abuse, chemical dependency or mental health issues during schooling or training.
• Prior history of discipline or addiction treatment with another state medical board or other licensing agency.

Ray & Bishop provides legal representation for physicians in any regulatory agency contact with the potential for an adverse outcome, including:

• Mandated disclosures on Medical Board applications, license renewals, and on special Medical Board reporting forms soon after the adverse event.
• Responding to Medical Board investigations initiated by letter, phone call, email or a personal visit from a Medical Board investigator.
• Responding to a Board demand for patient records or business records.
• Evaluating a Board order or request for a physician to submit to a physical or psychiatric exam.
• Opposing a Board petition in administrative court or Superior Court to suspend a physician’s license.
• Appealing the denial of a physician’s license after an application.
• Defending a physician from Medical Board discipline in the Accusation process through administrative hearing.
• Setting aside a default decision taken by the California Medical Board.
• Appealing an adverse decision after an administrative hearing, through a petition for writ of administrative mandamus.
• Defending a physician on Medical Board probation from a Petition to Revoke Probation.
• Requesting the modification of the term or conditions of Medical Board probation at an administrative hearing.
• Seeking the reinstatement of a physician’s medical license after revocation of the license.
• Defending against and appealing the loss of privileges, certificates, membership or other rights before private and public institutions as a result of Medical Board discipline.

Common Questions from Physicians for Ray & Bishop

I’ve been contacted by an investigator. What should I do?
Hire an attorney. Any statements you make to an investigator can become admissions that can be used against you later in court. An attorney can step between you and the investigator and perform many important tasks, including clearing up misunderstandings, proactively addressing board concerns, stopping intrusive and oppressive harassment by investigators, and facilitating communication between physician and board in a manner that is managed, documented and controlled.

How should I reveal a past problem on a Medical Board application, renewal form or disclosure form?
Truthfully and carefully. We understand the tools that the Board will use to detect adverse events and fact check your application or renewal form for honesty and accuracy. We know the rules for what must be disclosed and what need not be disclosed. If an explanation is required, we can assist with important strategic and messaging considerations to minimize the danger of denial or discipline resulting from the disclosure.

I just received a letter denying my application. What’s my recourse?
A letter from the Medical Board of California denying an application should offer a hearing if requested within 60 days of the date of the letter. The letter may contain other options as well. It is best to promptly contact Ray & Bishop for a consultation to review the letter, before an important deadline passes.

I’ve received an Accusation. What’s my next step?
You have only 15 days from the date the Accusation was sent to you (not from the date you received it) to file the Notice of Defense. This matter should be turned over to an attorney as quickly as possible so that this deadline is met and the filing of the Notice of Defense is documented with proof of filing.

How do I pay for an attorney?
For individuals without insurance, we can quote you a fee for each step of your legal matter, or extend an hourly rate with a deposit, as appropriate. We accept all major credit cards, bank debit cards, checks, money orders and cash. Interest-free payment plans may be available in some circumstances. If you have errors and omissions insurance that has license defense coverage, we can work with you and your insurance carrier to bill the insurance carrier directly or provide the information you need to seek reimbursement for legal fees, depending upon the particulars of the policy.

Unique Aspects of California Physician License Cases

The Medical Board of California has an extensive infrastructure for investigating and disciplining physicians, that includes 12 field offices throughout California. The Medical Board receives about 10,000 complaints per year. Medical Board disciplinary cases are prosecuted through the Healthcare Quality Enforcement (HQE) division of the licensing section of the Office of the Attorney General. Medical Board cases that proceed to administrative hearing are heard by administrative law judges on a special panel, the Medical Quality Hearing Panel. By state law these administrative law judges receive special training on medical issues in order to qualify to hearing Medical Board license discipline cases.

The degree of discipline imposed in a Medical Board of California disciplinary case is guided by the Medical Board of California Disciplinary Guidelines. If the Medical Board of California doesn’t agree with a proposed decision issued by an administrative law judge on the Medical Quality Hearing Panel, a panel of the Medical Board itself can hear legal arguments and ask a physician questions to determine the physician’s discipline case outcome.