A healthcare career can be jeopardized by alleged violations, threatening your professional license. Whether you’re a nurse, physician, pharmacist, or any other licensed healthcare provider, it’s important to understand the complexities and severity of healthcare license defense violations to protect your career and reputation. Explore the common types of violations, consequences for allegations, and legal defense strategies utilized during these cases.
When facing such challenges, consulting an expert professional license defense lawyer in California can provide the expertise needed to navigate these complex legal matters effectively.
Healthcare License Defense Violations
Healthcare professionals must maintain high ethical and professional standards set by their respective licensing boards. Straying from these standards can lead to charges that may result in disciplinary actions. Some common categories of violations include:
- Medical Malpractice and Negligence: Medical malpractice occurs when a healthcare provider fails to meet the set standard of care in a way that leads to patient harm. Unintentional errors can still result in license investigations. These types of errors could include misdiagnosis or delayed diagnosis, surgical or medication errors, failure to obtain informed consent, and poor patient documentation.
- Substance Abuse and Impairment: Healthcare professionals must be in full control of their mental and physical faculties while they work. Accusations of substance abuse, including alcohol, prescription drugs, or illegal substances, can lead to the immediate suspension or revocation of your healthcare license. Licensing boards generally require rehabilitation programs and strict monitoring as conditions for reinstating licenses.
- Fraud and Billing Violations: Fraudulent activities in billing and coding practices can lead to serious legal and professional consequences. This could involve upcoding (billing at a higher-level service than what was provided) or unbundling (separately billing services that could be billed together).
Instances of fraud can also include falsifying patient records, submitting claims for services not rendered, and kickback schemes that involve referrals. - Criminal Charges and Convictions: A criminal record can have a severe effect on your healthcare license. Crimes that trigger license investigations include drug possession or distribution, DUI/DWI offenses, and domestic violence or assault. Theft, financial crimes, and sexual misconduct also fall under this category.
- Unprofessional Conduct and Ethical Violations: If a healthcare professional does not meet ethical principles, violations can occur. This might involve boundary violations, such as inappropriate relationships with patients, workplace harassment or discrimination, breach of confidentiality, false credentials, or misrepresentation of qualifications.
- Failure to Maintain Continuing Education Requirements: Licensing boards require continuing education (CE) to maintain healthcare licenses and keep medical professionals updated on industry advancements. Failure to keep up with CE hours can result in penalties or license suspension.
- Practicing Without a Valid License: Practicing without a license is a serious violation that can lead to criminal charges and severe disciplinary actions.
Consequences of Healthcare License Defense Violations
The disciplinary actions associated with healthcare license defense violations can be severe and long-lasting. Common disciplinary actions include:
- License suspension or revocation
- Fines and penalties
- Mandatory rehabilitation programs, particularly for instances of substance abuse-related violations
- Probationary periods, or the need to practice under strict oversight
Public disciplinary records can also harm your credibility and employment prospects in the future.
Legal Defense Strategies for Healthcare License Violations
If you’re facing allegations of a healthcare license violation, it can be overwhelming. It’s important to seek skilled legal representation immediately to help protect your future and have a stronger chance of case dismissal or minimized penalties.
Some strategies attorneys use when defending a healthcare license violation include:
- Gathering Evidence and Documentation: Evidence is crucial when building a case and includes patient records, witness testimonies, and professional opinions.
- Challenging Allegations: If an allegation is based on false information or a misunderstanding, it can be challenged with factual evidence.
- Negotiating With Licensing Boards: A healthcare license defense lawyer can negotiate for alternative resolutions that can minimize penalties.
- Demonstrating Rehabilitation and Remedial Actions: For instances of substance abuse or unprofessional conduct, completing treatment programs or ethical courses can strengthen your defense.
- Seeking Professional Testimony: Medical professionals can provide valuable insights to dispute allegations, particularly in malpractice or negligence cases.
Healthcare professionals have the right to a fair hearing. A healthcare license defense lawyer ensures that the licensing board follows proper procedure, working tirelessly to protect your rights and future.
FAQs About California Healthcare License Defense Law
What Can Cause a Doctor to Lose Their License?
A doctor can lose their license because of medical malpractice, gross negligence, or unethical behavior. Criminal convictions, such as fraud, sexual misconduct, or drug abuse, can also lead to license revocation. Additional reasons could include violating patient confidentiality, prescribing medications irresponsibly, or practicing without proper credentials.
Continuous failure to meet medical standards or engaging in actions that endanger patients can lead to losing their license to practice.
How Can a Medical License Case Turn Into a Criminal Case?
A medical license case can turn into a criminal case if the California Board of Registered Nursing investigates the circumstances and learns of any legal violations or crimes. In this case, they must report to a relevant federal law enforcement agency, which can then determine if there’s enough evidence for a criminal charge.
Who Is Responsible for Issuing Licenses to Healthcare Professionals?
Healthcare professional licenses in California are typically issued by state medical boards or regulatory agencies. Each state has its own medical board that oversees licensing, ensuring applicants meet educational, training, and examination requirements. Other healthcare professionals, such as pharmacists, nurses, and therapists, get their licenses from respective state boards and licensing authorities.
What Are the Conditions for Revocation or Suspension of a Medical License?
A medical license can be revoked or suspended due to serious violations, such as gross negligence, unethical behavior, criminal activity, or incompetence. Fraudulent practices, sexual misconduct, repeated malpractice, and substance abuse can also be grounds for disciplinary actions.
In some circumstances, temporary suspension may be imposed while an investigation takes place. License revocation is reserved for the most severe infractions, including those that compromise the safety of patients.
Contact a Healthcare License Defense Lawyer Today
If you’re facing allegations related to a healthcare license violation, you need experienced legal representation to walk you through the process. The team at Century Law Group, LLP, fights to protect your rights while working to get you the most favorable outcome possible for your case. Contact our offices today to schedule a consultation.