Sexual Misconduct & Licensing in Irvine, CA

Helping You Protect Your Professional License

California Business & Professions Code §§ 726 and 729 deal with sexual misconduct and sexual exploitation between physician and patient. BP Code § 726 states that any act of sexual abuse, misconduct or relations with a patient is cause for discipline by the Medical Board of California. It does distinguish and exclude sexual relations with a spouse or domestic partner.

Business & Professions Code § 729 states that any physician who engages in sexual relations, sodomy, oral copulation or sexual contact with a patient or former patient (if the physician-patient relationship was terminated solely to engage in sexual contact and without referring the former patient to an objective physician) is considered “guilty” of sexual exploitation. BP Code § 729 is not only grounds for discipline by the Medical Board of California, it is also considered a crime and could lead to criminal prosecution.

Sexual misconduct and exploitation by physicians is a hot topic for the medical board and one that is taken very seriously. If there is any allegation of sexual misconduct, the medical board investigators are surely going to subpoena medical records and stop by the physician’s office unannounced for an interview. Before this happens, make sure to contact our skilled Irvine sex crimes attorneys at the Law Firm of Pilchman & Kay, P.L.C. We are well-versed in the California court system and have represented countless defendants in the medical field like yourself.

Call (949) 558-0042 for a free, confidential consultation today.

What to Do During a Medical Board of California Investigation?

If a medical board investigator shows up at your office, the first thing you should remember is to tell the investigator that you are more than willing to cooperate. Inform the investigator that before you speak to them, you need to speak to your attorney first—even if you don’t, in fact, have an attorney. The next thing you should do is contact and retain our experienced California Medical Board defense attorney.

What to Do If a Patient Makes Sexual Advances?

It makes no difference to the medical board or district attorney if it was the patient who initiated the sexual contact. Either way, it is cause for discipline. If the sexual advances are unwanted, then it is best to terminate the physician-patient relationship.

How Do I Terminate the Patient-Physician Relationship?

Writing and certified mailing a letter to the patient explaining the reasons you are required to terminate the patient-physician relationship. In your letter, refer the patient to at least three other physicians who can competently handle their care. Keep a copy of the letter and certified receipt in the file.

What to Do If a Patient Wrongfully Accused You of Sexual Misconduct?

Being wrongfully accused of sexual misconduct by a patient is more common than people think. Financial gain, revenge, and mental illness are motivations that drive these false allegations of sexual misconduct by a physician. If you are accused, you need to contact an Irvine defense attorney that understands professional licensing defense and criminal law.

At the Law Firm of Pilchman & Kay, P.L.C., we have the training, experience, and network of professionals to aggressively defend physicians who are accused of sexual misconduct. Our team approach includes former F.B.I. agents, D.E.A agents, renowned forensic psychologist, DNA experts and crisis management teams to defend our clients. There is no way to successfully defend sexual misconduct allegations unless an aggressive team approach is applied.

If you want the best criminal defense and licensing defense available, contact our office for a free consultation at (949) 558-0042.

A Winning Combination of Legal Abilities

  • We are backed by over 30 years of experience.
  • We have handled thousands of criminal defense cases.
  • We are fully certified by the State Bar of California.
  • We have repeatedly resolved cases during pre-trial.
  • We are backed by a professional background in prosecution and medical board defense.

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