Our Irvine Medical Board Defense Lawyers Are Dedicated to Helping You
If you have been contacted by a medical board investigator or have been asked by the medical board to provide patient records, chances are you are under investigation. These investigations can involve patient care, criminal convictions or competency. For most people, this is a very unnerving event which leads to a search for information. Our California Medical Board attorneys at the Law Office of Pilchman & Kay, A Professional Law Corporation, have provided you with the most current and relevant information on one website.
If you want to speak with one of our lawyers, do not hesitate to reach out to us for a free consultation at (949) 558-0042!
How Investigations are Handled with the California Medical Board
The first place a California physician should look to gain a better understanding of what types of cases are investigated and how the California Medical Board handles the investigation, click on the link above.
California Medical Board Prescribing Guidelines
See our up to date guidelines regarding prescribing pain medication. Because of the seriousness of overprescribing and the criminal prosecution of California physicians who are arrested for prescription-related crimes, the above link is a must read.
Laws Governing the Practice of Medicine
The Medical Practice Act encompasses the laws governing the practice of medicine in California. From obtaining a business license to monitoring physician assistants to prescription guidelines.
Manual of Model Disciplinary Orders and Disciplinary Guidelines
Here you can find all the standard and optional terms of probation for various violations of the Medical Practice Act. These include convictions for felonies and misdemeanors, sexual abuse, unprofessional conduct, excessive prescribing, repeated acts of negligence, discipline by another state, etc.
Inducements (Kickbacks) for Patient Referrals
Business and Professions Code Section 650 states in part that the: “…offer, delivery, receipt, or acceptance by any person licensed under this division of any rebate, refund, commission, preference, patronage dividend, discount, or other compensation…as…compensation or inducement for referring patients…to any person…is unlawful.” Violation of BP Section 650 is punishable by imprisonment, a fine of up to $50,000, or both.
Reporting Requirements for Lost or Stolen Prescription Pads
A physician who suspects that his or her prescription pads have been lost or stolen should take the following steps immediately:
- The theft or loss must be reported to the local law enforcement (police or sheriff's department).
- The theft or loss must be reported by the physician to the Department of Justice (DOJ) Controlled Substance Utilization Review and Evaluation System (CURES) program.
- Notify the California State Board of Pharmacy at [email protected].
- Notify the Medical Board by an email to [email protected] or a letter describing the circumstances and actions taken by the physician in response to the suspected theft.
The letter should be written on a physician's professional letterhead, signed, and mailed to the Medical Board of California; Central Complaint Unit; 2005 Evergreen Street, Suite 1200; Sacramento, CA 95815.
Terminating a Patient/Physician Relationship
A California physician is allowed to terminate the patient/physician relationship. To avoid allegations of patient abandonment (unprofessional conduct), a physician should notify patients in writing when the physician wishes to discontinue care.
The following conditions should also be followed:
- The physician should designate the last day the physician will be available to render medical care.
- The patient should be provided at least 15 days of emergency treatment and prescriptions.
- The patient should be informed of alternative sources of medical care.
- The patient should be notified of their right to receive their medical records.
Types of Forms That You May Need
We list down the necessary forms that you have to fill out and submit when being investigated by the California Medical Board.
The forms vary depending on your case:
- Self-Reporting Form-Criminal Conviction. You must file this form with the California Medical Board within 30 days of conviction of any misdemeanor or felony.
- Petition for Early Termination of Probation. Form required to petition the California Medical Board for early termination of probation.
- Petition for Reinstatement. Form required to petition the California Medical Board for reinstatement of your revoked license.
- Request Copy of 805 Report Form. Form required to learn of any adverse action reported against a physician by a hospital.
- Change of Address Form. It is required physicians keep a current, valid address on file with the California Medical Board. Failure to do so could result in fines.
- Quarterly Declaration Form. Form required if you are on probation to the California Medical Board.
For more information about how the Law Office of Pilchman & Kay, A Professional Law Corporation, can help you, schedule a free consultation with our Irvine medical board defense attorneys at (949) 558-0042.