Defending Your Medical Or Health Care-Related Professional License – Straight Talk
Our specialty focus with professional licensure administrative law is with medical professionals’ nurses and physicians and other health care providers in related medical and health care fields.
In the medical and health care area of professional license defense, the attorney must understand what negligence or gross negligence is and is not and how to apply what is called “the standard of care.” A professional malpractice civil law concept that is codified into the California Code of Regulations, which regulates medical and health care professional licensees. This concept is applied in the administrative law courtroom at hearings where license accusations are heard involving accusations against medical and health care provider licensure. Learn more through the website for the Office of Administrative Hearings.
If you have received an accusation against your professional license from a California deputy attorney general prosecuting on behalf of a state license board, you need to be sure to follow the directions served upon you along with the accusation and file a notice of defense immediately without delay. The procedural process from start to finish takes anywhere from one to 12 months. If you have an option to settle with terms and conditions and keep your license or surrender your license, it can end sooner. That’s what procedure means. You also need to know about the substance of matters to know what you need to understand about the legal environment you are in. Professional license defense is all about administrative law and the California Business and Professions Code. The Business and Professions Code is the law. You will see specific Business and Professions Code sections referenced in the accusation against you.
To get a handle on the substance behind the accusation against your license, refer to the accusation. Then match the facts the board applied in its accusation with the links below that correlate to that particular California government board’s website.
Regarding the types of professional medical and health care licensure defense cases we handle, see the boards’ disciplinary guidelines below. I have had some cases that went to hearings and in rendering the court’s opinion after hearing the evidence, the court used its discretion to go out of those guidelines. Business and Professions Code citations listed in the Disciplinary Guidelines below will correlate with types of factual conduct listed in the guidelines that give rise to those facts alleged in an accusation.
The law is constant, but the facts are variable. If I can show the facts don’t match the law, you might have a positive result. Please see the applicable board link below. If the board’s attorney cannot prove by the clear and convincing standard of evidence that the facts in the accusation are not accurate, then after a hearing you may get a positive result.
If, on the other hand, you agree with the facts in the accusation, you may not want to have a hearing, but rather, negotiate for minimal discipline and enter into a stipulation (agreement). Please see the applicable board links below: This list is meant to be informational only and not predictive of any outcome. An attorney should be consulted.
- Board of Registered Nursing Guidelines for Disciplinary Orders and Conditions
- Medical Board of California Disciplinary Guidelines
- Board of Psychology Disciplinary Guidelines
- Physician Assistant Board Disciplinary Guidelines
- Board of Vocational, Nursing and Psychiatric Technicians
- Board of Behavioral Science Disciplinary Guidelines
- Dental Board of California Disciplinary Guidelines
Professional license cases are very dynamic, usually with many people having made statements to the boards’ investigators saying all kinds of things.
If you take your case to a hearing, I will get to the truth of what happened by examining the people who made those statements and asking them questions in front of the administrative law judge. Cases turn on the questions attorneys ask and the answers witnesses give. The judge will listen to the questions and their answers and form an opinion about what happened.
After much time working with you and preparing you in advance of the hearing, I will have you testify and tell your side of the story to the administrative law judge. This will be done by questions from me and answers from you. After that, when the deputy attorney general for the board cross-examines you, asking you questions in front of the judge, you will be less anxious and you will be clear on your facts because you will be well prepared by me before the hearing takes place.
Administrative law is not part of the civil and criminal superior courts. The hearings are heard in an administrative law courtroom in a state of California office. In the San Francisco Bay area, that would be in Oakland.
Administrative law is unlike criminal law and civil law where there is a jury and hearsay statements are difficult to bring in. The prosecuting attorney in administrative law does not have to prove guilt beyond a reasonable doubt, which is the standard of proof in criminal law: in other words, proof must be 100% confirmed to get a conviction in a criminal trial. In administrative law hearings, the prosecuting attorney, namely, the deputy attorney general, has to show proof that is 70% verifiable. This standard is called clear and convincing evidence. But just as with criminal and civil law, evidence is heard through testimony and documents. If you go to an administrative law hearing, there will be a judge seated on the bench but no jury. There will be a deputy attorney general prosecuting you and your attorney will be defending you. There will be a court reporter taking a transcript of the entire hearing. Hearings usually last two days, although I have had complex hearings that lasted for three weeks.
I Am Ready, Are You?
At Biggs Law Office, the seriousness of your situation will receive my full attention. I am attorney Michael S. Biggs. I have helped many medical and health care professionals preserve their professional licenses under a wide variety of circumstances.