An osteopath is a licensed physician who aims to improve their patients' overall health and wellness by offering treatment for a wide range of conditions, including headaches, joint pain, arthritis, workplace injuries, and muscle sprains, among others. The Osteopathic Medical Board of California (OMBC) performs the government's role of regulating and licensing osteopaths in California. Before you obtain a license to practice osteopathic medicine, you must complete your education and pass the licensing examination.

The board primarily aims to promote professionalism and protect consumers from negligent osteopaths. If you engage in an act that violates the OMBC’s code of conduct, you could be reported to the board, face an investigation, and potentially face disciplinary action.

You invest time, energy, and financial resources to become a doctor of osteopathic medicine in California. Unfortunately, your efforts could go down the drain if you lose your license and ability to practice through license revocation or suspension. If you are under investigation by the osteopathic medical board in San Francisco, CA, we invite you to contact us, the San Francisco License Attorney, for expert legal guidance.

Common Violations by Osteopaths in California

Osteopathic medical practitioners offer alternative medical treatment to help patients with various conditions affecting the circulatory, nervous, and musculoskeletal systems. The Osteopathic Medical Board of California (OMBC) regulates the licensing and practice of osteopaths in California.

In addition to licensing, the OMBC investigates complaints from different consumers, including patients, families, coworkers, and law enforcement. Complaints that could put your osteopathic license in jeopardy include:

Sexual Misconduct

If you provide holistic medical services to patients, your relationship with them must remain professional. Engaging in sexual contact or abuse of a patient is a severe violation that will be reported to the board.

Sexual misconduct as an osteopath extends beyond having a sexual relationship with a patient. Failure to use appropriate draping practices when performing intimate examinations on patients can result in allegations of misconduct.

When you face allegations of sexual misconduct with a patient, you cannot use consent as a defense. In addition to facing disciplinary action by the OMBC, your conduct could result in an arrest and criminal charges under California law.

Excessive Prescribing

California law and drug regulatory agencies are aggressive in their approach to combating the opioid crisis in the state. A primary target of this crackdown is physicians who prescribe opioid-containing medication to patients who do not need it. Allegations of excessive drug prescriptions could put your reputation and career as an osteopath in jeopardy.

Insurance Fraud

Insurance fraud by doctors of osteopathic medicine involves acts that lead to undeserving insurance benefits. This could be accomplished by billing for services not provided, falsifying medical diagnoses, and excessive billing. When such conduct is reported to the board, your license could be at risk of suspension or revocation. Additionally, you could face an arrest and criminal charges.

Negligence and Patient Abuse

As a licensed osteopath, you are responsible for ensuring the well-being and safety of your patients. If you breach this duty and act in a way that places the safety of patients and the public at risk, you can be cited for negligence. Additionally, you could face allegations of abuse if you intentionally inflict harm on a patient.

Falsification of Medical Records

There are several reasons why a doctor of osteopathic medicine could falsify medical records, including insurance fraud or unauthorized prescriptions. If you are reported to the board for falsifying a patient’s medical records, you will face a thorough investigation and potential discipline, which range from simple warnings to license revocation or suspension.

Unlicensed Practice

To legally practice in California, you must obtain and renew your osteopathic medical license. Obtaining your license involves undergoing the necessary education and training and passing a licensing examination. Practicing without a license or a suspended license is a common violation that could attract more serious disciplinary action.

Besides practicing without a license, allowing unlicensed professionals working under you to perform licensed activities could attract an investigation and potential discipline by the board.

Criminal Conviction

Under Business and Professions Code Section 490, the Osteopathic Medical Board of California and other licensing boards in California can take disciplinary action against professionals facing a conviction for a criminal offense. The relevant law enforcement department will notify the board even if you do not report your conviction.

You can face disciplinary action after a criminal conviction, even when the offense you are charged with is unrelated to your ability to practice as an osteopath.

Osteopathic License Disciplinary Process in California

The OMBC licenses and regulates the practice of osteopaths to protect healthcare consumers and ensure high standards of professionalism. The board enforces physician compliance with the California Business and Professions Code and investigates consumer complaints. The disciplinary process takes the following steps:

Physical Complaint or Criminal Conviction

The OMBC's disciplinary process begins when a complaint about your conduct or criminal conviction is brought to the board. A complaint could be filed online by a victim of your actions or by anonymous parties. If you are reported to the board for a criminal conviction, the Department of Justice will notify you.

Investigation and Interview

After receiving the misconduct allegations, the board will launch an investigation to determine the accuracy of these allegations. The board investigators will interview you and the complainant. When interacting with these investigators, you must have expert legal insight.

Accusation and Administrative Hearing

An administrative hearing is scheduled when the board finds enough evidence to support the allegations against you. At this hearing, your attorney can help you present a defense against the allegations. You can do this by testifying on your behalf or by presenting witnesses.

At the end of the administrative hearing, the board will decide on the appropriate disciplinary action against your license.

Appeal

The board’s decision at the administrative hearing is not final. If you are unsatisfied with the outcome of this hearing, you could appeal the decision. When you file an appeal, the board can vote on whether your case deserves a review.

Osteopathic Board Discipline Action

Depending on the nature and severity of the allegations against you, the Osteopathic Medical Board of California may impose a wide range of disciplinary actions, including:

Administrative Fines

Osteopathic violations vary in nature and severity. If your violation involves causing a loss to another person, the board can punish you with fines.

Letter of Reprimand

The board could issue a public reprimand for professionals liable for minor violations, which serves as a warning. A public reprimand does not prevent you from using your license. However, it remains on your record and could be used against you for future disciplinary action.

Probation

Being placed on professional probation means your conduct and practice will be closely monitored. During probation, the board will impose some restrictions and conditions you must follow. You can face more severe discipline if you commit another violation while on professional probation.

License Suspension and Revocation

For professionals facing allegations of serious violations, the board can suspend or revoke their license. A suspension is a temporary action that could last for up to five years. After the suspension period has elapsed, you can petition the court for reinstatement. On the other hand, a revocation could mean your deregistration from the OMBC.

Frequently Asked Questions on Osteopathic License Defense in California

Your professional license is your ticket to practice as an osteopath in California. If your unprofessional conduct or criminal convictions are reported to the Board, you risk facing severe disciplinary action, including losing your license in a suspension or revocation.

When notified of the pending investigations against you, you may need clarification on the proper steps to protect your rights and navigate the disciplinary procedures. The following are frequently asked questions on osteopathic license defense:

Do I need a lawyer when I face an OMBC complaint?

Navigating the disciplinary action of the Osteopathic Medical Board of California can be a stressful experience. There is no room for errors when your professional license is at stake. Therefore, you will need the insight of a reliable licensed defense attorney. OMBC investigators do not have your best interests at heart, and they are always looking to close your case and impose the most severe discipline against your license.

When you hire and retain an attorney, they will help you interact with the board and build a defense for your administrative hearing. Additionally, your attorney can convince the board to impose less serious discipline on you.

How will I know that the OMBC is investigating me?

When the Osteopathic Medical Board of California receives a complaint about you, they will send you a written notice to inform you of the issue. You are expected to respond within 30 days of receiving the notice. In your response, you will inform the board of your intentions to fight against the allegations or accept liability for the misconduct.

What should I do when under investigation by the Osteopathic Medical Board of California?

Learning that a complaint was made against you and that you are under investigation by the osteopathic medical board can be a nerve-wracking experience. The outcome of the board’s investigation and administrative hearing could significantly impact your career and livelihood.

Therefore, you must be careful with the steps you take immediately after receiving notice of the investigation. Common tips you can explore in your response to the OMBC include:

  • Take the Investigation Seriously

You will receive a letter from the board informing you that you are under investigation for a specific violation. Even when you know you did not commit the alleged violations, you should not take the incident lightly. An in-depth investigation into your career and personal life could uncover serious issues that put your license at risk.

  • Seek Legal Representation

Receiving a notice of investigation from the board can cause you to panic and disclose information that could impact your case negatively. Therefore, seeking legal insight is critical. Your attorney will guide you through your interactions with the board and build a defense against the allegations.

  • Gather Evidence

You will have a chance to defend your license at an administrative hearing. Therefore, you should gather enough evidence to dispute the claims brought against you and support your account of events. When gathering evidence and documents to support your defense, you should not alter anything.

  • Avoid Discussing Your Case with Anyone

Facing an investigation by your licensing board is a sensitive matter. Discussing your case with co-workers, neighbors, or friends could harm your license more than good. This is because board officials could interview them, and the information you provide could be used against you.

How can a license-defense attorney help me when I have lost my license due to a suspension?

The suspension of your osteopathic medical license is not the end of your career. If your license is suspended for misconduct or after a criminal conviction, your attorney can help you through the reinstatement process. While the reapplication process for a license differs between professionals, it could include:

  • Completing the reinstatement documentation and indicating why you should have it reinstated

  • Paying the applicable reinstatement fees

  • Submitting to a psychiatric examination to determine your competence and ability to practice in the medical field safely.

  • Provide a detailed record of all your jobs during the license suspension period.

  • Present proof of rehabilitation from the conduct that resulted in your license suspension.

  • Agree with the plan proposed by the board to move forward after the reinstatement.

Find Expert Legal Guidance Near Me

Your license as an osteopath is your ticket to practice in this medical field. The OMBC closely monitors your practice, and any misconduct could be reported to the board. An investigation will then be launched, and an administrative hearing is scheduled.

If you are found liable for the alleged misconduct, the board could issue various disciplinary actions, including citations, fines, license suspensions, and revocations. Navigating board investigations and an administrative hearing can be a stressful experience. For this reason, you must hire and retain a reliable license defense attorney to guide you through this process.

At San Francisco License Attorney, we understand your need to protect your osteopathic medical license, which is a critical part of your career. We will help you investigate the allegations against you and build a solid defense for your case. We serve clients seeking professional license defense throughout San Francisco, CA. Call us at 415-919-6594 to discuss your case.