It is distressing to receive a letter from the Medical Board of California (MBC), or "Board," notifying you of an arrest communication from the Justice Department. Typically, the letter elicits multiple feelings, ranging from worry to anger, because it could dent your reputation or possibly end your career. However, you can successfully manage the situation when you make the correct decisions.

As a surgeon or physician, do not be misled into thinking that by sending you the letter, the board wants you to offer a written explanation of the circumstances surrounding your apprehension to fulfill your reporting obligation. There is no such requirement, and if you respond, you could end up making self-incriminating statements. Therefore, speak to a skilled license defense attorney for guidance before filing a response.

California Medical Board Mission

Many physicians and surgeons assume that MBC is out to protect them, but the board's mission is to protect patients and medical service consumers. Their first obligation is to meticulously screen medical license applicants to ensure only eligible doctors and surgeons obtain the permits. Additionally, the board focuses on receiving consumer complaints and investigating them for solid evidence necessary to start formal hearings. Therefore, the board's role is to safeguard consumers and ensure professionalism and safety in the medical field.

Just because you are a doctor does not make you perfect. You can make honest mistakes or struggle with drug addiction like any other person. However, you should not be judged because of these problems or lose your license. Therefore, whenever you receive a complaint from the board, you should hire a defense lawyer to protect your rights and livelihood.

The Complaint and Investigation

The California Medical Board receives information, including complaints, from several sources. Any information brought to the board results in an inquiry. The agency initiates the inquiry as a complaint, in which the board writes to you, the licensee, and receives a response regarding the matter in question. Alternatively, the inquiry can be an investigation where a board investigator contacts you.

Complaints and investigations take many forms, including criminal investigations for arrests or drunk driving that are usually sent straight to the board. If you have been practicing medicine long enough, you know of colleagues arrested for drinking and driving, prostitution, failure to pay child support, or domestic violence. The board runs reports of arrests every day and checks the arrestees' names and birth dates against their list of physicians or surgeons.

Alternatively, the board receives a communication from the Justice Department about the apprehension of their members. The board commences investigations once they learn of your criminal act or misconduct. If the board is investigating you for criminal conduct, it is best to speak to your license attorney to handle the issue on your behalf. Based on the verdict of your charges, the board follows the necessary procedures the law provides.

More often than not, medical practitioners respond to complaints or inquiries with rage or pay little attention to the issue. A possible outcome of the complaint or investigation is the loss of your medical license. Therefore, you should take the time to evaluate the matter immediately after you receive a complaint. Ignoring the letter from the board or taking too long to respond only worsens the matter.

Responding to An Apprehension Notice Letter from the Board

California statutes state that a licensing authority cannot take disciplinary action against a valid license because of an arrest. The Business and Professions Code Secs. 7.5 and 4.90 say that a board can only discipline a licensee after entering a guilty plea, no contest, or being convicted in trial for a criminal offense. Also, even after conviction, the board must wait until the time provided by the law to appeal the court's decision lapses or for the appellate court to affirm the conviction. In cases where the court sentences you to probation, the board can only take disciplinary action after the court issues instructions granting probation.

Similarly, after an arrest pending prosecution, you, the licensee, can exercise your Fifth Amendment right not to make incriminating statements, like the one the board demands when they send an apprehension notification letter expecting a written response.

Although several criminal arrests result in formal charges and convictions, you can negotiate for a charge dismissal through plea bargaining. However, when you have already responded to the licensing board’s letter explaining the circumstances surrounding the arrest, the prosecutor can rely on the response letter as a confession, which can be used against you, leading to a conviction and loss of your professional license.

Finally, some apprehensions do not result in formal charges. It happens when the investigating officer fails to provide sufficient evidence that you committed the crime. Without enough evidence to build a solid case in court, the prosecutor will not file formal charges. If this is your situation, a conviction is impossible, and you cannot face the board's disciplinary action.

In other instances, issuing a response to the letter can be advantageous. Therefore, do not entirely ignore the board's letter. Consult with your license attorney to understand your obligation under the law and the most appropriate response.

Navigating the Response Process

What is next after you receive a notification letter? The answer is precise and discussed below.

Ensure you are Sufficiently Insured

When you receive a letter from the board, they are making inquiries. Therefore, you must ensure that you have an adequate malpractice insurance policy to cover the defense of the investigation. You should contact your policy provider to understand the type of coverage your policy offers. Some provide only coverage for MBC inquiries, while others indemnify against patient complaints.

In most of these policies, you have a contractual obligation to inform the insurer of a complaint or inquiry by the board. Even if there is no such condition in your policy, the question will arise when you renew the policy at the end of the year. Failure to answer the question truthfully or disclose the complaint will result in policy cancellation. Therefore, immediately after you receive the notification, inform your insurer to contact a license defense attorney or reimburse you for the money you will spend hiring a private attorney.

You notify the insurer to control the case's trajectory. If you fail to inform them promptly, they will disclaim your coverage.

Many doctors and surgeons do not take complaints from the board seriously because they believe they can handle the issue alone without the help of an attorney. However, they forget that a complaint is serious and can result in license loss, just like in a malpractice case.

Medical malpractice differs from a complaint because it is an individual action guided by the principle that when a party harms another, they must offer compensation. Conversely, a complaint is founded on the principle or public policy of keeping the public safe from dangerous medical practitioners. However, a complaint can lead to a hearing like a malpractice trial, so you should take it seriously.

Inform Other Relevant Parties

Once you notify your malpractice policy carrier about the board's letter, you must notify your employer, partners, and medical institution. Not informing these parties of the arrest complaint violates your contract and could lead to more trouble, like jeopardizing your career and support from the employer. When telling these parties, use your words to control the narrative instead of reading out the letter received from the board. It will be challenging for these parties to grasp the narrative in the notification letter hence the need to use your words to explain it.

Reacting to the Complaint

First, as the doctor, you should discuss the events alleged in the notification letter with your defense attorney. Your attorney will weigh the issue based on how the board has treated previous arrests like yours. You must discuss whether you will respond to the letter to vindicate yourself or control the damage done by the apprehension.

The complaint is an administrative issue, but you will still have the client-attorney privilege. Do not leave out any details of your arrest when explaining the circumstances leading to the apprehension to your attorney. It is best for your attorney to advise you accordingly and work out an appropriate solution to your current situation with MBC.

However, you must know that not all malpractice or license defense attorneys understand complaint procedures and possible disciplinary actions. A complaint is an administrative matter, so you should find an attorney who understands MBC rules and their previous decisions on cases like yours. If your insurer has appointed you an attorney without experience in your area, you should request that they hire a different legal counsel. Alternatively, you can employ one privately and request compensation later. Having someone with diplomatic skills would be best because this is an administrative proceeding.

Responding to the Letter

If you dispute the notification letter's accusations after discussions with your attorney, you should respond to the letter's demands. The letter has strict guidelines and timelines, so you must adhere to them when responding.

The MBC's complaint concerns safeguarding the public; you must promptly respond to the letter, unlike malpractice cases where the accused persons are known to delay responses to plaintiffs seeking compensation for personal damages. If you do not comply with the board's complaint requirements, you risk penalties for non-compliance.

If the board is demanding records, your license attorney should quickly vet the demands and respond unless there are solid reasons not to submit the documents to the board. Failure to respond will lead to a hearing where a judge will rule whether or not you should furnish the board with the records they demand.

Besides, your attorney can request more time from MBC to respond, although the board can agree or decline the request. If the arrest relates to your practice, the complaint is severe, and the licensing board is less likely to allow your request for additional time to respond to their letter.

The prompt response does not end here. Lack of a written response and submitting the necessary records within the stipulated time will amount to misconduct, adding to your problems.

Your attorney should write the response on your behalf to make the right choice of words and avoid statements that can disadvantage your response. You can counter or refute the allegations if you respond well to the letter.

Even though you should allow your lawyer to draft the response, ensure that you are present to control the narrative and capture facts only.

Informal Communication

In medical malpractice cases, physicians or surgeons do not speak directly to plaintiffs, however enraged they are or feel the matter is easy to clarify, unless with the guidance of an attorney. Nevertheless, doctors tend to take the matter lightly when it comes to the board's notification letters. They can answer the phone or respond to a letter without consulting an attorney, worsening the situation. An inappropriate response will escalate the case.

Therefore, even though the licensing board's public policy allows doctors to communicate with them directly on matters of care, it is best to consult with an attorney.

Also, the board will see an attempt to contact the Justice Department or any other complainant about the issue as an effprt to dissuade them from pursuing it. A matter that would have been resolved quickly turns into a serious one. You risk disciplinary action because the informal communication appears to intimidate the board.

When a complainant contacts you, trying to trick you into confessing to the matter before the board on record, you should refer them to your license attorney. Again, even when someone contacts you with details that can help the case, referring them to your attorney is best.

Waiting Time

Even though you are under strict deadlines to respond, the MBC is not. They take their time to respond, so you must be patient.

The Interview

The next step is the interview. It can happen over the phone, or the board investigator can pay you a random visit. Visiting the physician without warning catches them off-guard. Do not agree to any informal chats without the presence of your attorney because any information, even if shared in an informal setting, can be used by the MBC against you.

As a doctor, you are bound to the highest standard and must act for the good of the person consuming your medical services. Therefore, you must demonstrate during the interview that you understand your duty and prioritize patient care. If the interview is recorded, request a copy.

Providing a Compromise

The board's investigation aims to ensure quality medical care in the state. Therefore, even if the board wants to take disciplinary action for your arrest or other complaints, your attorney can compel them to impose a punishment that goes into improving the quality of medical care instead of punishing you.

Consent Agreement

Your attorney offers a compromise to the board. However, a consent agreement from the board allows you to admit the allegations and agree to sanctions to avoid trial.

The MBC will present the verified allegations and the specified measures for you and your lawyer to decide. The case is only at this stage because you disputed the complaint. And now, you are unsure whether the hearing verdict will be favorable. When your odds of the hearing going against you are high, your attorney can agree to the consent agreement and negotiate the terms. Alternatively, you can decline the contract and proceed to the hearing.

The Hearing

When you have been arrested for a crime and the board has notified you of a complaint or inquiry on the same, you will be caught between the board and the criminal court. If you choose not to respond to the board's letter, your silence will be construed as proof of fact. On the other hand, your criminal attorney will advise you not to speak because the state has the burden of proof.

Therefore, you can choose not to testify in your malpractice trial under the Fifth Amendment, which could adversely affect your license. However, it is better to lose your license than your freedom.

The Ruling

After the hearing, you should expect various verdicts, including:

  • A concern letter.
  • License limitation.
  • License revocation or suspension.
  • A condition for which you, the physician, take corrective action.
  • Exoneration.
  • A fine.
  • Public reprimand.

If you are unhappy with the court's decision, you should talk to your attorney to file an appeal.

The procedure for responding to a licensing agency's complaint is complex. You must partner with a competent license attorney to comply with all the notification letter requirements. You have worked hard and spent vast amounts of money to secure your medical license, so you should work tirelessly to protect it.

Find a Competent Medical License Defense Attorney Near Me

Responding to an inquiry as a surgeon or physician is your career's most stressful event. Some practitioners opt not to hire license attorneys for the response but regret it. Therefore, to safeguard your career and livelihood, speak to a license attorney immediately after you receive a notification letter from the board. At The Legal Guardian, we can help you navigate the legal obstacles for a positive outcome. Call us today at 866-448-6811 to discuss the board notification letter or complaint in Long Beach, CA.