Administrative Law Topics: Investigations / Complaints

Avoiding Sexual Misconduct for California Doctors

Stephen M. Boreman appears in the October 4, 2012 issue of Neurology Today speaking on the subject of sexual misconduct and physicians. He provides expert advice on navigating physician-patient relationships safely. Steve was interviewed by Dr.

How to Respond to Board of Acupuncture Investigations

Investigations for the California Board of Acupuncture are handled by the Division of Investigations of the Department of Consumer Affairs.  An investigation usually starts with a telephone call or letter from the investigator.  The best course of action is to have a license attorney promptly respond on your behalf.  Sometimes, the investigator will start asking questions during the first phone call.  Rather than answering questions, we recommend that you ask what the investigation is about and inform the investigator that you plan to cooperate with the investigation after retaining

Avoiding Denial of a California Medical License by Withdrawing the Application

NOTE: The Medical Board no longer allows applicants to withdraw license applications to avoid a Statement of Issues (Updated June 29, 2017)

Medical license applicants in California may have the option to withdraw their applications before a final license denial.  Here is how it works:

Medical Board Investigations: How California Doctors Should Respond

Medical Board investigations are generally triggered in the following ways:

California Nurses Under Investigation: What to Say When the Board of Registered Nursing Comes Calling

An investigation by the California Board of Registered Nursing usually starts with a telephone call or letter.  The best course of action is to have an attorney promptly respond on your behalf.  Sometimes, the investigator will start asking questions during the first phone call.  Rather than answering questions, we recommend that you ask what the investigation is about and inform the investigator that you plan to cooperate with the investigation after retaining an attorney. Two weeks is a reasonable amount of time to respond through counsel.

Occupational Therapists (OTs) Arrested for DUI in California Face Investigation by the Board of Occupational Therapy Within Days of Arrest

California Occupational Therapists (OTs) arrested for DUI can now expect investigation letters from the Board of Occupational Therapy (CBOT) within days of arrest. CBOT receives notice of the arrest from the California Department of Justice, which cross-references criminal records against professional licensing records.  Occupational Therapists can expect a letter from the Board requesting a detailed description of the events that led to the arrest under penalty of perjury along with case information for the pending criminal case.

Superior Court Refuses to Enforce California Emergency Medical Services Authority’s (EMSA) Investigative Subpoena for Medical Records

Our client is an EMT (Emergency Medical Technician) licensed by the California Emergency Medical Services Authority (EMSA).  The EMSA subpoenaed our client’s medical records from a local hospital in response to allegations of illicit drug use by an anonymous source.  In order to protect our client’s right to privacy, we filed objections to the subpoena with the hospital and filed suit in the Bay Area to quash the subpoena.  In response to our lawsuit, the EMSA filed a separate action against the hospital to enforce the subpoena in Sacramento Superior Court.