If you are a licensed osteopath in California facing an investigation or formal accusation by the Osteopathic Medical Board of California, your professional life and livelihood could be at risk. Do not delay in retaining the services of a seasoned license defense attorney who can assist you in protecting your osteopathic license and standing in the public eye.
At San Diego License Attorney, we combine an in-depth understanding of California's laws and regulations governing osteopathic therapy with years of practical experience defending professional osteopaths against various accusations. When you engage us, we will know exactly what to do to strengthen your defense and increase the likelihood of a dismissal or lesser punishment.
Understanding the Roles and Functions of Osteopathic Physicians
As an Osteopathic Doctor (DO), you play a crucial role in the medical field by treating various conditions. Your training as an osteopathic physician allows you to treat a wide range of injuries and illnesses that manifest in many ways throughout the body. This versatility can allow you to build a large client base, as you can meet the needs of patients with digestive, central nervous, and cardiovascular systems issues.
A qualified Osteopath can also serve in the emergency department as a surgeon handling urgent medical cases. You can work either on-call or permanently. Occasionally, you may need to guide patients seeking recommendations for managing lifestyle disorders like diabetes and high blood pressure. Your expertise is crucial for any patient seeking appointments, especially if they must adhere to strict guidelines for a faster recovery.
Osteopathic physicians examine newly admitted patients and document their previous medical issues in their records. This information guides future treatment and surgical decisions. Conducting thorough examinations requires expertise; otherwise, you risk overlooking acute problems and endangering the patient.
As an osteopathic professional, it is your responsibility to guide patients on the proper recovery path. You can counsel unwell patients using different techniques to advise them on leading healthier lifestyles. As a consequence, any information you provide is considered professional advice, and your patient will likely follow the directions honestly.
Since you can give clients information that significantly impacts their lives, it is crucial to act in their best interests and provide helpful medical advice. An osteopathic physician has a significant duty to treat patients with the highest standards of professional ethics, ensuring they receive the best possible care.
On the other hand, because you manage a wide range of tasks, you may become vulnerable to reports that depict you negatively, even though you acted unintentionally. A single instance of misconduct reported to the Osteopathic Medical Board by a patient could jeopardize your entire professional life.
It is critical for any Osteopathic practitioner to maintain a high degree of professionalism to avoid potentially unpleasant situations, such as facing allegations that could result in the loss of your license.
Acts That Could Result In The Suspension Or Revocation Of An Osteopathic License
Sometimes, you might make a mistake and find yourself in a jeopardizing situation that mandates legal action against you. In most cases, any misconduct that leads practitioners in trouble with the Osteopathic Medical Board of California relates to malpractice committed when practicing your professional duties.
Depending on the nature of your criminal offense or civil misconduct, you may face various penalties from the licensing board, including extended or reduced license suspension periods. The board may investigate and take disciplinary measures for behaviors such as:
Your Involvement in Insurance Fraud
As a medical practitioner, you may find that patients often pay for their healthcare through medical insurance schemes, which provide significant financial relief. Although this payment method should streamline transactions, some practitioners, unfortunately, involve their establishments in fraudulent insurance operations.
For instance, if you double-bill a patient for a service or medical supplies they have received from your clinic or medical establishment, you are violating the law and may be subject to punitive fines from the Osteopathic Medical Board.
Furthermore, insurance fraud may occur when patients are charged for medical services they did not receive, particularly when they fail to show up for appointments. Perpetrators might do this hoping victims will not discover it, as they may not follow up on all confirmation emails and receipts. However, once caught engaging in such inappropriate behavior, offenders may face numerous disciplinary actions from the board.
Sexual Misconduct
If you are involved in any inappropriate sexual conduct with your patients or coworkers, they may report you to the authorities. This could lead the Osteopathic Medical Board to investigate your case, potentially resulting in punitive consequences. As an Osteopath, always maintain a professional demeanor with all professional contacts regardless of any non-verbal cues you receive at work.
For instance, as a female osteopath performing a whole body examination on a male patient, maintain a safe distance and ask them to move forward according to their comfort level. Rather than touching the patient without consent, refrain from physical contact until permission is granted.
Small acts of courtesy like these may seem evident, yet they are often overlooked. If not, complaints could be lodged against you, possibly for sexual misconduct that may or may not have been intentional on your part.
Furthermore, it is essential to maintain respect with all your coworkers, particularly those subordinate to you. It is important to communicate openly with individuals under your supervision to prevent potential charges of sexual misconduct, especially in situations where a worker feels uncomfortable with you.
If you are a superior, individuals may struggle to express their concerns about your interaction level with them, as they view you as their superior. Even if you have not directly engaged with an employee or colleague, they could report you for sexual misconduct.
Practicing While Under the Influence of Alcohol or Drugs
Working on your patients while impaired by drugs and alcohol could jeopardize your license. Working in the medical industry requires a high standard of performance, even when handling seemingly simple cases.
If a patient suspects you are under the influence of alcohol or drugs while working, they may report you to the appropriate authorities. This could initiate a disciplinary hearing to assess whether you are qualified to continue practicing as an osteopath.
Involvement in Negligent Activities and Procedures
Osteopathic doctors are held to a very high standard as qualified medical practitioners. They are trusted not to commit serious errors due to negligence, given their elevated responsibilities. When doctors fail to make essential preparations or observations to prevent negligence-related mistakes, they put patients at risk of receiving potentially life-threatening treatments that could even result in death.
The Osteopathic Medical Board takes problems of these matters seriously, particularly when a doctor demonstrates a complete disregard for a patient's health. For example, neglecting to record a patient's blood type before authorizing a blood transfusion is considered extremely negligent behavior. Consequently, you risk having your license suspended or revoked for failing to fulfill your designated responsibilities adequately.
Presenting Patients With Unnecessary Treatment
Osteopathic physicians may occasionally become preoccupied with finding new ways to generate income, potentially leading to unnecessary prescriptions and visits for their patients. If a patient suspects they are receiving excessive, non-essential treatment for their condition, seeking a second opinion from another physician could reveal unethical profit-driven motives. Consequently, such activities may lead to license suspension or revocation, especially because they diminish your credibility with clients.
This practice is both unprofessional and predatory, as it exploits patients' limited medical knowledge. Patients cannot challenge your directives, letting you profit from unnecessary treatment and take advantage of their vulnerability and lack of expertise.
Allowing Unlicensed Persons To Complete Certain Tasks For You
Managing a clinic or hospital is challenging for an Osteopathic physician, as it requires numerous support staff members, including nurses and laboratory technicians, to improve system efficiency. Simultaneously, recruiting medical assistants involves conducting thorough evaluations and interviews to assess candidates' expertise. This process ensures that only qualified professionals capable of performing their required duties are hired.
The most qualified medical assistants are expected to earn higher salaries than other unlicensed applicants who might possess similar skills. However, some Osteopathic physicians choose to work with unlicensed or unqualified assistants. This is due to their cost-effectiveness, despite violating ethical standards. This practice can expose patients to substandard care and avoidable health risks. Consequently, patients may receive inadequate treatment and face unnecessary risks.
You can face harsh penalties from the medical board if any patient or inspecting officer discovers that you have recruited unlicensed medical assistants.
Actions that the Osteopathic Medical Board Can Take Against You
The licensing board will summon a disciplinary hearing if you are found guilty of any misconduct or negligence. During this hearing, you will have the opportunity to provide an account of the events that led to the allegations against you.
When the board finds that the allegations were insignificant, they could fine you for your actions. Additionally, they may send a letter of reprimand to discourage future misconduct. Continued misbehavior will result in severe consequences.
Lastly, you might be required to issue a public citation of your actions. This would inform prospective patients of your unethical behavior, allowing them to decide whether to seek your medical services. While a public citation could potentially hinder your practice's growth, your license defense attorney may negotiate a reduced penalty that excludes this requirement.
After receiving the citation notice, you should immediately inform your license attorney. This will allow them to file a petition early. Since you have only fifteen days to submit documents challenging the public citation notice, you need to complete the procedure quickly.
If you are found guilty of more serious crimes, like sexually harassing a coworker or patient, you could face an immediate revocation of your license. You can no longer practice, as the law will not recognize your credentials. Consequently, your entire practice will be suspended until you address issues related to the revoked license.
Depending on the specifics of your situation, your licensing attorney may be able to present defenses that lessen the severity of your case and ultimately result in your license being placed on probation rather than revoked. The medical board can permit you to continue your practice in this scenario. The Osteopathic Medical Board retains the right to investigate your daily operations and summon you for questioning if they discover any specific operational practices while you are on probation.
Hiring a licensing attorney may prove crucial after learning your probationary license has been revoked. Your attorney can devise several negotiation strategies to help you obtain a shorter probation period. Your attorney can also help you request an appeal hearing if you are dissatisfied with the board's decision against you. During this hearing, you can present your defenses and evidence demonstrating your innocence regarding the claims.
The hearing resembles a conventional court hearing. Your attorney can submit all your statements and argue on your behalf, seeking a fair revision of the board's final decision.
Reinstating Your License
When applying for license reinstatement, the burden of proof lies with you to demonstrate your worthiness as a practitioner. You must provide evidence showing you have taken constructive steps toward reform and compensated all customers for any physical or financial harm caused.
The board also requests that you provide a verbal and written admission of guilt for all claims against you, including specific remarks identifying the conduct you engaged in. The humiliation and retribution you may experience during this process make a move typically punitive, intended to discourage such decisions in the future. Although summarizing all your misconduct might be challenging, it is essential to regaining your license.
In addition, you must show the current board members that you plan to change your behavior by demonstrating the various forms of corrective rehabilitation you have participated in. To convince the board that you are attempting to change, for example, presenting written proof of attending counseling sessions would be highly effective.
Find a License Attorney Near Me
If your Osteopathic license is at risk of being suspended or revoked, we understand the stress you may be experiencing as you determine your next steps. Many people rely on their profession as their primary income source, so we recognize the effects of losing a practicing license. An experienced license attorney can help you explore options for retaining or regaining your license. At San Diego License Attorney, we are committed to providing exceptional and highly efficient legal services while prioritizing your needs. Call us today at 858-665-2455 to schedule your appointment.
