Osteopathic Medical License Defense Lawyer
Protect your Osteopathic Medical license
Unlock Legal represents osteopathic physicians and surgeons who have trouble with the California Osteopathic Medical Board (OMBC).
- Was your application to the OMBC rejected (or you’re worried it will be)?
- Are you under investigation?
- Do you have a pending criminal matter or a criminal conviction?
If your license is in jeopardy for any reason, contact us immediately for a free consultation.
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Whatever your concern, Unlock Legal can help you. We are the experts in defending professionals and protecting their licenses.
If your license is in jeopardy for any reason, contact us immediately for a free consultation. When you sought out your certification or license you were following your passion. It is our passion to keep you doing what you want to do with your career and your life.
Osteopathic Medical License Defense
The California Osteopathic Medical Board is a part of the Department of Consumer Affairs. The OMBC performs governmental functions in regulating and licensing osteopaths throughout the State of California. The purpose of the Board is to protect consumers and promote the highest professional standards in the practice of osteopathic medicine.
What the California Osteopathic Medical Board Does
The OMBC performs the following functions:
- Prescribes licensing standards
- Licenses osteopaths in the state and administers a testing exam
- Prescribes regulations that govern the practice of osteopathic medicine
- Investigates reports and allegations of misconduct and takes enforcement actions against osteopaths who are found to have violated laws or regulations
License Applications, Denials and Statement of Issues
Applying for your license is exciting because it is one of the last hurdles before you can begin your career. For many the application process with the OMBC is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your application on your behalf to make sure that you have the best chance of having it granted.
If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the OMBC with the intention that you are granted your license free and clear. If you must be on probation, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.
If someone files a complaint against you with the OMBC, the OMBC may instigate an investigation against you. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.
An Accusation is a formal complaint drafted by the Attorney General’s office. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your license.
It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.
Why the OMBC Takes Disciplinary Action
Here are some of the reasons why the OMBC may take disciplinary actions against licensees or those practicing osteopathic medicine in California:
- The licensee has been convicted of a crime substantially related to the qualifications, functions, and duties of the licensee
- Excessive prescribing and treatment
- Gross negligence or incompetence or repeated acts of negligence
- Sexual assault
- Insurance fraud
- Unlawful advertising
- Exceeding the scope of the license in treating the patient
- Treating a patient while under the influence of alcohol or drugs
- Drug or alcohol abuse
- Failure to keep adequate records
- Failure to meet continuing education requirements
- Continuing education was not accepted by the board
- Accused of continuing education fraud
Of course, not all violations of the rules will result in the permanent loss of your license, but being the target of an enforcement action can gravely harm your practice, even if you are given a lesser punishment.
What the OMBC Can Do
The OMBC has a number of enforcement tools in its arsenal that are used when they find that a licensee has broken state laws or regulations. Here are some of the possible punishments that an osteopath may face:
- Revocation of their license
- Suspension of their license
- Being ordered to practice under the supervision of another osteopath
- Public citation or reprimand
- Drug or alcohol treatment (or orders to abstain from the use of drugs or alcohol)
Any type of punishment can impact your ability to earn a living because they become part of the public record. Any potential patient or employer can see and read the OMBC’s disciplinary findings.
If you find out that you are being investigated, you need to contact a professional license defense attorney as soon as possible. Your lawyer may even be able to engage with the OMBC and address their concern before they take enforcement action. They would defend you at the hearing that you are legally entitled to have when your license and reputation are on the line. Your lawyer may be able to negotiate with the Board to obtain a lesser penalty or a reprimand, as opposed to a suspension or revocation.
Petition for Reinstatement of License or Reduction of Penalties
If you have lost your license you are not locked out of the career of your choice. After a certain amount of time you are eligible to ask the OMBC to grant your license again. In addition, you can generally request that the terms and conditions of probation be modified or terminated early. The legal team at Unlock Legal has filed petitions for reinstatement for many clients who made one mistake, and who have paid the price. We love to demonstrate mitigating circumstances and rehabilitation to the OMBC to get our Osteopathic physicians and surgeons back to work as soon as possible!