Medical License Defense FAQs
What is the Diversion or Intervention Program?
If you are a licensed physician in the state of California and have received an inquiry letter from the Medical Board of California, the Diversion or Intervention Program is a completely voluntary and confidential program for nurses or medical professionals who may be suffering with substance abuse issues, mental disorders, or mental illnesses.
Ultimately, the Diversion Program protects the public by identifying impaired professionals and provides aid, intervention, or treatment protocols for the individuals who need it. Actions can include careful monitoring, intervention, random body fluid testing, support groups, or if necessary, suspension of practice. If you received a letter or were offered a Diversion Program from a Board that monitors your professional license, I can help you understand what to expect.
Do I Have to Submit to a Physical or Mental Examination?
In certain instances after a criminal arrest or offense, the Board may ask you to submit to an interview, a physical/mental examination, or both. In most cases, you should cooperate and submit to these investigations, but only do so after consulting with a professional license defense lawyer. Remember, you have the right to have an attorney present during any interviews or investigations.
Even though an official accusation has not been filed against you, a Deputy Attorney General will typically sit in on the interview or investigation. The Attorney General will most likely end up representing the Medical Board once an official accusation is filed against you. To represent your best interests, you will need to have a medical license defense lawyer protect your license and present your side of the story during any type of hearing, legal proceeding, or examination.
How Do I Respond to an Accusation?
Once an accusation has been filed and served to you, you will be required to respond to the accusation within 15 days. It will be crucial to speak with a medical license defense lawyer immediately after receiving an accusation from the Medical Board of California. Because your license is in danger of revocation or suspension, your right to practice medicine in a professional setting may be in jeopardy.
Prior to filing an accusation, you will most likely receive some type of correspondence from Medical Board investigators. Once the accusation has been served to you, a lawyer from the Attorney General’s Office will become the official legal representative of the Medical Board. Do not make the critical mistake of communicating with investigators or prosecutors who have been assigned to the case. You should only consult with your defense attorney about how or when to respond to any accusations.
What Are My Rights Under the Administrative Procedures Act (APA)?
If you are facing a formal accusation, you have the right to file a Notice of Defense. This right is protected under the APA. At this time, you have the right to designate a lawyer to represent you, the right to request a hearing, and the right to request discovery. This means the Medical Board must provide you with all the evidence or documentation upon which the formal accusation has been based.
This is a critical and fundament part of the process because your lawyer will have the opportunity to view the proposed case against you. More importantly, however, the accusation will list Causes for Discipline, which are charges similar to what one would see in a criminal complaint. Causes for Discipline are typically based on some type of criminal case and expand from that point to include professional conduct.
More Questions? Call My Firm for a Free Consultation.
If you have recently come under fire, have been notified of a potential investigation, or suspect that you may be the subject of a potential investigation by the Medical Board, you must speak with me right away. Getting a Orange County medical license defense attorney involved in your case early on can only help protect your rights and medical practice.
Call my firm at 949-234-6525 to get started on your defense.
