The OMBC (Osteopathic Medical Board of California) regulates the practice of osteopathic medicine throughout California. In addition to its licensure obligations, this board also probes allegations of violations against osteopathic doctors. If you learn that you face discipline by this board, you will require a skilled license defense attorney to defend your interests.
Disciplinary action or even an investigation against you can jeopardize your practice license and career. A skilled healthcare license defense lawyer can fight for you. They can work to obtain the best possible resolution with the board. At Santa Cruz License Attorney, we represent osteopathic doctors in all aspects of OMBC disciplinary matters. If you have received notice that someone has filed a formal complaint against you, do not hesitate to contact us right away for help.
What Do Osteopathic Physicians Do?
Like medical doctors (M.D.), osteopaths, also known as doctors of osteopathic medicine (D.O.), are physicians licensed to practice medicine. The primary difference is that osteopaths bring a patient-centered, whole-person approach to medical care. They work with patients to help them recover and stay healthy. Osteopaths have undergone training that involves looking past a patient’s symptoms to comprehend how lifestyle and environmental factors may affect their health. They apply the latest technology and science, while also considering other choices that may support traditional medicine, including surgery and medication.
Osteopaths are trained in the musculoskeletal system, comprising muscles, bones, and nerves. They use this knowledge, along with medical technological advances, to provide high-quality medical care to patients. These medical professionals subscribe to the doctrine that our body systems are interconnected and that all systems work together, influencing one another in healing and health.
Doctors of osteopathic medicine focus primarily on preventive wellness and healthcare. They help patients alleviate symptoms and achieve physical, mental, and spiritual health. Additionally, these medical practitioners recognize the role of their hands in diagnosing and treating illnesses and injuries. They utilize their keen sense of touch to examine all body structures with a patient’s consent.
Osteopaths practice medicine similarly to medical doctors, treating and diagnosing diseases, injuries, and illnesses. However, they incorporate holistic and osteopathic techniques and spend much time focusing on preventive care, too. To make patients feel their best, osteopaths assess their diet, lifestyle, environment, physical and mental health, exercise habits and activity level, sleep habits, and stress levels. These medical practitioners prescribe in all medical specialties, including pediatrics, primary care, emergency medicine, surgery, ob/gyn, geriatrics, and psychiatry.
They treat conditions with stretching, massage therapy, joint manipulation, and other techniques. They use diagnostic medical tools, including spinal analysis machines and ultrasound, in their work and give patients helpful advice on exercise, nutrition, and general wellness. When necessary, osteopaths refer their patients to other doctors.
The process to obtain a doctor of osteopathic medicine license is long and expensive. You must first obtain your medical doctor’s degree before specializing in osteopathic medicine. The knowledge and training necessary to be a doctor of osteopathic medicine are intrinsically demanding. Despite all this effort, a simple mistake can easily make you lose your license. You want to involve a lawyer as soon as you learn you are under investigation to increase your chances of retaining your license.
The OMBC’s Role In Regulating Osteopathic Medicine In California
The OMBC is a distinct board from the Medical Board of California (MBC). Its mission is to safeguard consumers and promote the high professional standards for licensed osteopaths in California. To achieve this goal, the OMBC regulates and licenses osteopaths throughout California. It has the discretion to probe complaints against osteopaths and to enforce its powers to ensure all licensed osteopaths comply with the Business & Professions Code (BPC) and the Medical Practice Act (MPA).
Generally, the OMBC uses many of the same laws, processes, and forms as the MBC to license, regulate, monitor, investigate, and discipline doctors of osteopathic medicine. When the OMBC decides to probe an osteopathic doctor, it generally has an MBC investigator reach out to the osteopathic doctor to arrange an interview at a field office. However, unlike the MBC, the OMBC has a diversion program for doctor rehabilitation and different rules concerning the utilization of fictitious business names.
The OMBC probes consumer complaints, including those from patients, patients’ families, coworkers, law enforcement, and insurance providers. It reviews official complaints against osteopathic surgeons, osteopathic physicians, and postgraduate trainees in various areas. Complaints might include MPA and BPC violations, including the following:
- Quality of care violations, including misdiagnosis, surgical complications, medication or treatment causing side effects, excessive treatments, and negligent care
- Inappropriate prescribing, including excessive prescribing
- Violations of office practice, including misleading advertising, failure to provide records, failure to sign a death certificate,
- Sexual misconduct and other professional misconduct
- Incompetence
- Illegal treatment of cancer
- Supplying drugs to a patient who is an addict
- Dishonesty, including filing fraudulent Medi-Cal, Medicare, or insurance claims
- Unlicensed activity, including practicing without a license and aiding and abetting unlicensed practice
- Criminal conviction
- Prescribing without examination
- Failing to obey sterilization consent laws
- Falsifying medical records
- Signing or making false documents
- Violating professional confidence
- Discipline by a federal agency or another state
Additionally, the OMBC investigates allegations of alcohol and drug abuse that impact an osteopath’s capability to practice. This includes being intoxicated with alcohol or drugs while on the job and physical or mental impairment.
Some criminal charges and convictions can also impact your practice license. This might include accusations of domestic violence, sexual battery, drug possession, DU, theft, and fraud. If you have pending criminal charges or have been convicted, you might have to report them to the board. Failure to do so may lead to more severe consequences. A skilled license defense lawyer can counsel you about your legal rights and ideal options for reporting yourself to the OMBC.
The OMBC Complaint Process
Once the OMBC receives a formal complaint of wrongdoing against you, it must take the necessary action to address the issue. Based on the contents of the complaint, the OMBC will seek to revoke your license. However, the complaint goes through several steps before the board can revoke your license. First, the board will review the complaint to determine whether it falls under its jurisdiction. Note that the board has no jurisdiction over complaints involving the following:
- General business practices
- Billing or fee disputes
- Personality conflicts
The OMBC also has no jurisdiction over healthcare providers licensed by other boards, agencies, or bureaus, such as health maintenance organizations, laboratories, or hospitals.
Investigation into the Complaint
If the complaint is within the board’s jurisdiction, the board investigator will open an investigation. The investigator will send you the filed complaint, accompanied by a notice that an investigation has been launched against you. The notice of investigation can be accompanied by a request for an interview or specific information, including medical records.
You want to consult your lawyer first before you turn any information over to the board investigator or go for an interview. A lawyer can respond to the board on your behalf during the interview or in writing. With a lawyer by your side, you will reduce the chances of incriminating yourself before the board investigator and increase the chances of the most favorable outcome, which may include closure of the investigations before they proceed any further.
When the investigator completes their investigations, they will take their findings to the board. Based on the findings, the board may close the case if there is insufficient evidence to take action. If the investigation reveals that the violation was only minor, the board may impose lenient disciplinary action, which includes citation and fine, and private reprimand. If there is adequate evidence of wrongdoing, the board may refer your case to the Attorney General. The Attorney General will then file a formal Accusation seeking to revoke your medical license.
Filing of an Accusation
If an Accusation is brought against you, the possibility of damage to your career is great. Even when the alleged wrongdoing does not subject you to disciplinary action, an Accusation document is a public record and is published on the board’s website and on BreEze. Consequently, it is essential to consult an experienced legal counsel immediately after you learn of a complaint or investigation.
Once an accusation is filed, you have only fifteen days from the day the board sends you notice of the accusation to file your Notice of Defense. This document informs the board that you wish to challenge the allegation you face. Failure to submit this notice on time will disqualify you from fighting the charges and defending your license. Consequently, the board will revoke your license by default order.
Administrative Hearing
If you file a notice of defense, the attorney general will schedule an administrative hearing. However, before the hearing, your lawyer can negotiate a stipulated agreement with the board. If the board agrees to a favorable settlement, the hearing will not occur. But if the negotiations fail, the hearing will proceed as planned.
During the hearing, you will argue your case before an Administrative Law Judge (ALJ). The board, too, will have the opportunity to present its case through the Attorney General or a deputy. At the end of the hearing, the judge will submit their proposed decision to the board within 30 days. The board has the discretion to adopt, modify, or reject the judge’s decision.
Appealing the Hearing Outcome
If you disagree with the outcome of the hearing, you have the right to file an appeal to the Superior Court. If the Superior Court’s outcome is not satisfactory, you can move to the appellate court. The Supreme Court is the last place you can appeal your case. The decision here is final, and you will have to abide by it. Also, note that when you appeal, the judge will not consider any new evidence or hear your case. They will only review the ALJ’s findings to determine whether the ALJ made any mistakes in their ruling.
OMBC Disciplinary Actions
Based on the type and severity of your wrongdoing, the board may impose various disciplinary actions if you are found to have committed a violation. Possible sanctions include the following:
- Public citation and fine
- Letter of private reprimand
- Letter of public reprimand
- License probation
- License revocation
- License suspension
If the board cannot dismiss a complaint against you, the most favorable outcome, if your violation is less severe, is a public citation and administrative fine. However, even if your violation is not severe, it is essential to talk to a lawyer. Fines by the OMBC can be high, and facing disciplinary action can make finding a new job or maintaining a successful practice challenging.
For more severe violations, you will likely be subject to probation, license suspension, or license revocation. A lawyer may successfully negotiate for a license suspension in place of revocation, less severe probation conditions, or a stay of revocation.
If your license is suspended, you may be able to reinstate it after a specified period, usually up to three years. At the end of your suspension period, you will have to file a petition for reinstatement. License reinstatement can be a daunting process. A lawyer can help you prepare and file your petition with skilled precision to ensure the best possible outcome for you.
In case of revocation, it means you will not be able to practice osteopathic medicine indefinitely. However, the board might still reinstate your license after a specific period. You will need expert legal assistance to increase your chances of your license being reinstated after a revocation.
Contact a Skilled Healthcare License Defense Lawyer Near Me
When your osteopathic license is facing disciplinary action, it means your career and livelihood are at stake. Any allegation you face may have severe consequences, whether it is professional misconduct or substance abuse. So, you should not hesitate to contact a healthcare license defense lawyer for help promptly. Early intervention almost always makes the difference in how a case turns out.
At Santa Cruz License Attorney, we take proactive measures in fighting to protect our clients’ practice licenses, working tirelessly to safeguard their best interests. We thoroughly assess the allegations our clients face to develop the most compelling defense strategy. To schedule an initial consultation with one of our lawyers or learn more about how we can help you, call us at 831-770-6474.
