Medical professionals in California are subject to strict regulations. These rules are in place to ensure that licensed healthcare providers are held to a professional standard in their actions — in both professional and personal capacities.
The laws that dictate medical licensing and standards of professional behavior are outlined in California’s Business and Profession Code. The Medical Board of California (MBC) is the regulatory body responsible for issuing certain medical licenses, taking complaints against licensed healthcare providers, and pursuing disciplinary action such as suspending or revoking a California medical license.
What Is the Medical Board of California (MBC)?
The Medical Board of California (MBC) is a state government agency charged with the licensing and enforcement of certain types of licensed medical professionals. The MBC is composed of:
- A Midwifery Advisory Council
- Two task panels
- Seven standing committees
- Seven task forces
- 15 board members
As a whole, the MBC has two primary responsibilities: issuing medical licenses and disciplining medical professionals. As a body intended to serve and protect the public, the BCE provides public-record information about medical professionals licensed in California and accepts complaints against licensed medical professionals.
What Licenses Does the MBC Issue?
The MBC is responsible for issuing and enforcing medical licensure for various California medical professionals. The board oversees licensing for doctors, physicians, and surgeons, as well as licensing and registration for certain other medical professionals.
Physicians and Surgeons
The MBC issues physician and surgeon licenses to individuals in California who have completed medical school and approved postgraduate training. Allopathic physicians are required to receive MBC licensure before beginning to practice in the state. Osteopathic physicians and surgeons are required to obtain licensing through the Osteopathic Medical Board of California (OMBC).
Postgraduate Training Licensees
The MBC is responsible for issuing postgraduate training licenses to medical school graduates. Such a license is legally required before a graduate can begin postgraduate training. MBC licensing allows a trainee to practice medicine under the auspices of an approved training program.
Licensed Midwives
The MBC issues licenses for licensed midwives. A license to practice midwifery authorizes the license holder to provide care for pregnancy and childbirth, prenatal and postnatal care, and care for an infant up to the first six weeks. The MBC provides a list of approved midwifery schools. After completing one of these approved programs, an individual is eligible to obtain a California midwife license.
Polysomnography Registration
California does not require polysomnography licensure, but the state does require registration with the MBC. Polysomnography trainees, technicians, and technologists are all required to obtain registration through the MBC polysomnography program.
Registered polysomnographic trainees may work under the direct supervision of a surgeon or physician. In contrast, individuals who have advanced to registered technologists are authorized to independently diagnose, treat, and test sleep and wake disorders.
Outpatient Surgery Licensing
California outpatient surgery settings and ambulatory surgery centers are required to hold licensing, accreditation, or certification. The MBC provides a list of approved accreditation agencies. The MBC also serves as the enforcement agency in the event of complaints or adverse events involving these entities.
Additional Permits and Registration
The MBC is additionally responsible for issuing fictitious name permits to physicians or surgeons wishing to practice under a fictitious name and approving board registration for research and student research psychoanalysts.
MBC Complaints and Investigations
Along with issuing medical licenses, the MBC’s primary responsibility is to discipline licensed medical care providers. The MBC protects healthcare consumers from illegal or unethical behaviors on the part of the individuals who provide licensed medical care in California.
Individuals who believe their licensed care provider has violated their duty to them can file a formal complaint with the MBC. The board will investigate whether the claim has enough merit to warrant a disciplinary hearing.
The investigation may reveal sufficient proof that a licensed medical professional has broken the law or violated the professional code of conduct. If this is the case, the MBC will post a formal accusation, which becomes part of the public record.
Once an accusation has been issued, a MBC hearing will be set within 15 days. The complaint and any evidence uncovered during the investigation will be presented at the hearing.
At this time, the licensed medical professional or their lawyer can present a defense. The MBC will take into consideration the circumstances surrounding the complaint before deciding whether to take disciplinary measures.
The MBC has the legal authority to:
- Place a licensed medical professional on probation
- Suspend their license for a set period
- Permanently revoke their license
In response, the licensed professional in question can appeal the hearing outcome. If their appeal is unsuccessful, they may be eligible to petition to have a suspension period shortened or a license revocation overturned.
What to Expect from the MBC Investigation Process
The investigation is a central step in the MBC disciplinary process. It’s also the stage at which a licensed professional has the best chance of avoiding formal disciplinary action. It’s essential to have the protection of a medical defense attorney during this phase to minimize the consequences of the investigation process.
The MBC is not always forthcoming when they investigate changes. While a physician might receive written notice of the complaint, the MBC also reserves the right to conduct an investigation without any formal notice. This means that a licensed medical professional might not even realize they’re interacting with an MBC task force member.
Speak with a California License Defense Attorney Today
Attempting to take on the MBC alone can be a career-ending mistake. Licensed medical professionals in California are subject to a large number of rules and regulations.
Perhaps you’re seeking to obtain or renew a medical license or have become the subject of an MBC complaint. Whatever your individual case entails, the safest way to protect your career and professional reputation is to consult an experienced medical license defense attorney.
S J Harris Law is a California license defense law firm. Give us a call to speak with an experienced medical license defense attorney today.
