The Osteopathic Medical Board of California (OMBC) requires all osteopaths to uphold high ethical standards and professionalism. The board can suspend your professional license because of accusations of state violations or misconduct allegations against you. It is not only the negligent professionals who face license revocations, suspensions, and disciplinary actions. This can also happen to diligent professionals who uphold professional expertise and high ethical standards. A patient or public member can file a case against you because of unfounded complaints, minor lapses in compliance, or a misunderstanding.
A disciplinary order can have negative impacts on your years of sacrifice, dedication, and achievement. You should work closely with a reputable license attorney during accusations, disciplinary proceedings, and decision appeals. Your attorney can help you negotiate settlements, mitigate penalties, or have your case dropped. At Kern County License Attorney, we have caring attorneys who will do everything possible to protect your professional license.
How Osteopaths Operate In Modern Healthcare
Also called Doctors of Osteopathic Medicine (DOs), osteopaths use a holistic approach, which incorporates mind-body-spirit unity in their practice. An osteopath is trained to offer services in all medical fields, including specialized treatment and primary care. The work of an osteopath includes diagnosing and treating different healthcare problems while recognizing how various body systems impact each other. Unlike other medical practices, osteopathic medicine involves a comprehensive patient treatment method.
Osteopathic manipulative treatment (OMT) is a method which osteopaths use to diagnose medical issues. It involves hand assessment followed by manual treatment techniques that prevent injuries and illnesses. An osteopath will employ stretching techniques with slight pressure and resistance. This often reduces pain, enhances body motion, and supports inherent bodily functions. The manual technique in healthcare is incorporated with standard medical treatments to offer full medical remedies to patients.
Osteopaths are primary care physicians who offer complete medical services to patients from various age groups. Their comprehensive training helps them to treat many health issues while concentrating on patients’ health. They offer patient-centered services that help them develop solid bonds with their patients and improve the quality of healthcare services.
The Work Of the Osteopathic Medical Board
The Osteopathic Medical Board of California (OMBC) governs professional integrity and public health in California’s healthcare system. It is the licensing and regulatory authority for osteopathic physicians and surgeons. OMBC protects public safety by confirming osteopaths uphold the right competency, integrity standards, and professional accountability in their medical practice.
OMBC has the right under the Osteopathic and Medical Practice Act to investigate allegations and exercise disciplinary power. It carries out thorough assessments of all substandard care allegations or misconduct accusations to protect the trust of patients in the osteopathic profession.
OMBC often issues licenses and recommends educational and clinical practice requirements through authority. They ensure that all histopathologists have the necessary qualifications and uphold professional standards. The board can take disciplinary action against you to protect public health and safety if you do not meet the required medical standards.
The board can administer a professional discipline because of various allegations. These include:
- Aiding and abetting the unlicensed practice of medicine, like permitting unlicensed practitioners to carry out medical procedures and failing to follow the requirements of continuing medical education.
- Inaccurate or inadequate record keeping
- Prescribing controlled substances without carrying out a proper assessment or without a legitimate medical purpose
- Excessive use of alcohol or drugs — Alcoholism can put patients at risk and also undermine public confidence in the medical profession.
- Repeated negligent acts
- Gross negligence constitutes a deviation from the standard of care
- Violating professional codes, including behaviors that breach professional and ethical standards. For example, being in a personal relationship with your patient.
- Fraudulent acts like falsifying patient records or billing for services not provided
- Criminal law violations
Criminal Charges And Convictions
California has enacted laws that determine the type of offense that can attract disciplinary actions against licensed osteopaths. You can face charges under the Business and Professional Code Section 49 if you commit an offense that relates to your professional duties and qualifications. A conviction under this law allows the board to restrict your license.
OMBC considers any violation linked to physician and surgeon roles or qualifications as grounds for unprofessional conduct outlined under BPC Section 2236(a). It also considers a charge for any federal or state-controlled substances or harmful drug regulation law as unprofessional conduct outlined under BPC Section 2237. The use and prescription distribution of controlled substances form part of the offenses you should be aware of.
The board can also take disciplinary actions against you if you are charged with fraud cases, DUI offenses, or offenses involving moral turpitude. Your license could be revoked or suspended because of these crimes directly linked to the practice of osteopathic medicine.
Administrative Hearing
You will have 15 days to present a Notice of Defense once the board files a formal accusation against you. The notice shows your intention to challenge your charges while requesting a hearing. The statute of limitations for the notice is 15 days because no response leads to automatic default decisions.
The Office of Administrative Hearings (OAH) will set the hearing once you present a Notice of Defense. According to Title 1, Section 1120 of the California Code of Regulations, the OAH must set the hearings to begin within 30 days of petition receipt. They will only extend this period if they get permission to do so.
During the discovery phase, your attorney and the board will be allowed to exchange evidence and witness lists. This process usually starts shortly after the hearing scheduling happens to give your attorney and the board ample time to prepare, but the law does not give actual timelines.
The Administrative Law Judge (ALJ) will set the administrative hearing to decide on the case. The proceedings listed in the Code Section 11500 are governed by the Administrative Procedure Act. Often, the period of the hearing is determined by the complexity of the case.
The ALJ is given 30 days to draft a proposed ruling under Title 1, Section 1140 of the California Code of Regulations. Upon obtaining the ALJ’s proposed ruling, the board can deny, change, or approve the ALJ’s recommendations. The proposed ruling automatically becomes the final board ruling if it does not take action within the designated period.
You can petition the court for reconsideration after the board’s final ruling. You must submit your petition to the board within a specified time starting from the ruling date. It is usually 30 days. Additionally, you have the right to file a writ of administrative mandate at the Superior Court if the petition for reconsideration fails.
Possible Penalties
You can face the following penalties if you are found guilty of misconduct as an osteopath:
Probationary Terms
The board has discretion to impose probationary measures, fines, victim restitution, and substance abuse programs. The punishment involves receiving individualized evaluations for each case based on the facts of the misconduct and its severity level.
License Revocation
Your license can be cancelled permanently if your conduct is severe. A license revocation takes away your rights to continue osteopathic medicine in California. This penalty is only imposed on the most severe offenses, including extreme ethical misconduct, criminal conduct, and patient endangerment.
License Suspension
The board can take different disciplinary actions against you if the misconduct investigations show that you committed an offense. It will do this to preserve professional integrity and protect public safety. License suspension can be one of the disciplinary measures. The temporary suspension of your service will stop you from offering the services for a certain period until you comply with certain requirements. This can include completing rehabilitation or rehabilitation programs.
Requesting the Reinstatement Of Your License
After the revocation of your license, you cannot have it reinstated through simple requests. You must prove to the board that you can continue offering your services effectively. Reinstating your license can only happen if you provide sufficient evidence of rehabilitation. You must comply with all probationary terms and conditions with an unwavering commitment to ethical conduct.
Qualification And Waiting Period
According to Business and Professional Code Section 2307, the waiting period to petition for reinstatement begins from the day your license was revoked and takes three years. The board can reduce the waiting time to two years in unique situations. If your license was revoked because of physical or mental illness, you can petition one year after revocation.
Preparing Your Petition For Reinstatement
When creating a petition, a formal legal document needs precise preparation. You should prepare a detailed statement that has the following:
- A commitment to avoid repeating previous offenses
- A commitment to comply with previous disciplinary requirements, and
- Your rehabilitation progress
The following will show your fitness to return to practice:
- Employment records
- Therapy records
- Proof of continuing education, and
- Character references
Burden Of Proof And Rehabilitation
You should aim to show the board that you have undergone rehabilitation and prove that you are ready to maintain public safety after your license reinstatement. Your request must convince the board of the assessment process. The board will also evaluate your professional standards plan, your remorse, and comprehension of previous behavior. Your success will depend solely on a well-structured petition, which your attorney can help you to develop.
The Administrative Hearing Process
The board or Administrative Law Judge (ALJ) will set an administrative hearing once your reinstatement petition is received. When relevant, the hearing serves as a trial through testimony, expert witness testimony, and documentary evidence. However, your petition can be challenged by the Deputy Attorney General. He/she can claim that you are not eligible for reinstatement. The judge will make a ruling after the hearing, which will be evaluated by the board to reach its final ruling.
If the board rejects your petition, you will have to wait for one year to file another petition. The board will evaluate your petition with the option to enhance probationary terms, including:
- Drug and alcohol testing protocols in case of substance abuse
- Continuing education requirements, and
- Supervised practice
Approving Of Your License Application
You should understand the OMBC-managed licensing system when pursuing an osteopathic physician license. This process has complex steps, detailed precision, and particular requirements. The application system requires you to provide the following documents:
- Documentation of examination success
- Postgraduate training verification, and
- Medical transcripts
You must also pass a criminal background check by submitting your fingerprints through Live Scan to the California government. Updated application forms can also be found on the OMBC website. These are convenient because they will help you avoid processing delays. The delays can make you fail to provide current and reliable information. Delays often happen because of outdated application forms and missing crucial documentation. However, the board can extend the review process to all aspects of your submission. The board can reject your application because of discipline issues like criminal records or claims of unprofessional conduct.
Why You Need A License Defense Attorney
A letter from the licensing board can strike terror in your heart because if you lose your professional license, you could lose your livelihood. While most people try to defend themselves, others disregard the disciplinary process, allowing the board to act based on one side of the story. The best action upon receiving a notice from the board is to contact an experienced attorney. Here are some reasons why you need an attorney:
Protect Your Rights
Your attorney will help protect your procedural rights throughout the process. Every board has unique rules regarding:
- The time you have to respond to the allegations against you
- Evidence that can be used against you
- How to dispute or challenge the evidence against you
- How the board administers punishment
An attorney can ensure that the board follows the rules and gives you a fair hearing.
Negotiate A Fair Outcome
Your attorney can negotiate for a fair outcome of your case by presenting mitigating evidence. An attorney can even negotiate with the licensing board to issue a reprimand or a license suspension instead of revoking your license. This can ensure that you continue practicing your career.
Help You Avoid A Criminal Case
In some cases, your disciplinary case can result in criminal charges. Your attorney can negotiate for a lenient outcome to help you avoid criminal charges.
Find A Dependable Criminal Defense Attorney Near Me
As an osteopath, it took years of hard work and dedication to obtain your credentials. If your professional license is at risk, you should contact an attorney immediately to help you work on a defense. At the Kern County License Attorney, we have a skilled team of attorneys who can handle your license defense case. It does not matter how intricate the case against you is. Our attorneys have what it takes to handle it. Contact us today at 661- 558-1950 to speak to one of our attorneys.
