What are Medical Board of California Disciplinary Guidelines?
The Medical Board of California's Disciplinary Guidelines are recommended penalties and license sanctions for physicians who violate the medical board's rules or regulations.
Penalties for Violations:
License Suspension: This can be permanent or for a period of years.
Public Reproval / Reprimand: This will detail specific wrongdoing and is a public record.
Citation and Fine: This is reserved for minor violations such as inaccurate advertising.
Imposition of Restrictions on the Physician’s Practice: This may include a restriction on the prescription of certain medications such as opioids.
Requirements of Disclosure to Patients: Patients must be given written notice of the physician's violations. This is common in sexual misconduct cases.
Payment of Attorney’s Fees and Costs to the Board and its Attorneys: This is required by law and is imposed in almost all cases.
Suspension Stayed with Probation and Conditions: This allows the physician practice but any violation of probation will lead to a removal of privilege to practice.
Loss of License: In extreme cases the medical license is revoked with no specific pathway to revive or restore it.
Private Reproval / Reprimand; This private reproval may still be reportable when a physician seeks privileges or recredentials.
Legal Framework:
California's Medical Board Disciplinary Guidelines are based upon California’s Business and Professions Code Section 2229 which states that public protection is the highest priority for the Medical Board when imposing discipline.
Section 2229 references the Manual of Model Disciplinary Orders and Disciplinary Guidelines (12th Edition) as the source of recommended and standard discipline. The law emphasizes that disciplinary actions should aid in the rehabilitation of a physician's license, consistent with public safety.
Principles of Fairness:
Due process and fundamental fairness require that penalties between doctors be consistent and unbiased, based solely on public safety. Section 2229 and the disciplinary guidelines aim to promote uniformity, certainty, fairness, and deterrence, furthering public protection. There is a growing focus on addressing inconsistencies between the Osteopathic Board, Medical Board, and other boards under the California Department of Consumer Affairs, which may impose different levels of sanctions for similar conduct.
The Law Office of Daniel Horowitz is a physician license practice covering the State of California and much of the United States.