THE PHYSICIAN ASSISTANT BOARD OF CALIFORNIA IS IN CHARGE OF REGULATING AND DISCIPLINING PHYSICIAN ASSISTANTS
The Physician Assistant Board of California is tasked with regulating physician assistants in the state of California. The Board usually files between ten to thirty (10-30) accusations a year. In addition to filing new accusations, the Board also files petitions to revoke the probation of physician assistants who have violated probation terms. Although the Physician Assistant Board of California is a relatively small administrative body, it would still be wise to follow its regulations, as the Board still has adequate resources to discipline those physician assistants who violate its rules. Have you received an accusation by the Board? Are you under investigation? If so, Malakauskas Law can help.
COMMON CAUSES OF DISCIPLINE FOR PHYSICIAN ASSISTANTS
Physician Assistants can face board discipline based upon a wide variety of conduct. The Physician Assistant Board of California has discretion to discipline individuals on a case-by-case basis. Physician assistants tend to be disciplined for the similar conduct as physicians. Nevertheless, there are some exceptions. In addition, certain conduct appears to show up in disciplinary proceedings more than others. Below are common causes of discipline for physician assistants:
- Driving Under the Influence: The Physician Assistant Board of California takes driving under the influence very seriously. Driving under the influence is a quick way to be disciplined by the board and potentially lose your license.
- Working Under the Influence: Even if you have a prescription, if you are working under the influence of a drug and that drug affects your performance you can expect to be disciplined.
- Self-Administration or Illegal Possession of a Controlled Substance: The Physician Assistant Board of California disciplines individuals when they personally use, or possess, a controlled substance in an illegal manner.
- Inappropriate Personal Relations: Having an inappropriate relationship with a co-worker or patient may lead to discipline. Physician assistants should strive to maintain professional boundaries.
- Inappropriate Sexual Conduct/Advances: It is not recommended to make sexual advances or propositions at work. In addition, it is wise to always have a chaperone present when examining a patient of the opposite sex. Especially, if the removal of any clothes will take place.
- Inappropriate Conduct in Personal Life: The Physician Assistant Board of California disciplines physician assistants who fail to conduct themselves with dignity in their personal lives by committing minor criminal acts or domestic disturbances.
- Dishonest or Fraudulent Acts Concerning Medical Records: Altering medical records with dishonest intentions or falsely ascribing physician authorization to acts may lead to discipline. As will obtaining or disseminating medical records via fraudulent or unauthorized means.
- Documentation Errors: Failing to properly create or author required work documentation, as well as making inconsistent, erroneous, or illegible entries in work documentation can quickly lead to discipline. This is especially true concerning controlled substances. The Physician Assistant Board of California puts a strong emphasis on proper work documentation.
- Exceeding Scope of License, Authority, or Training: Although physician assistants perform many of the same functions as physicians, they must be mindful not to engage in conduct that exceeds their license, authority or training. It is not uncommon for a physician assistant to be disciplined for exceeding their authority.
- Violating the Moscone-Knox Professional Corporation Act: Owning a professional corporation when you do not have the correct professional license will certainly get you disciplined. Surprisingly, physician assistants are disciplined for violating the Moscone-Knox Act more often than one might imagine.
- Failure to Follow a Physician’s Orders: Physician assistants have to be careful to precisely follow the physician’s orders. Failing to follow the physician’s order can lead that individual to be disciplined for alleged incompetence, gross negligence, or exceeding the physician assistant’s authority.
- Improperly Prescribing, Furnishing or Dispensing Drugs: One of the most common ways a physician assistant is disciplined by the Board, is for conduct related to, or involving, prescribing or dispensing drugs. If you are a physician assistant, you must be extremely careful when prescribing or dispensing drugs. Below are various actions related to drugs that may cause you to be disciplined:
- Lack of Examination or Diagnostic Work: Prescribing or dispensing drugs without prior physical examination or diagnostic work (including proper laboratory tests), as well as failing to perform periodic examinations of the patient, may lead to discipline.
- Inadequate Physician Supervision: Failing to have a physician supervisor countersign drug regimens, treatment plans, or review medical records when required, may lead to discipline.
- Benzodiazepines Opioid Combinations: Prescribing Benzodiazepines concurrently with Opioids without a strong justification may lead to discipline.
- Failure to Document Justification: Physician assistants must document their justifications for dispensing or prescribing drugs. This includes conducting and documenting all necessary tests, evaluations, and examinations. Failing to do so will likely result in discipline.
- Failure to Evaluate Appropriateness of Continued Drug Prescription: Physician assistants who do not routinely evaluate the appropriateness of continuing to prescribe a drug to a patient may be disciplined. It is a better practice to usually evaluate potential alternatives to addictive or dangerous drugs.
- Failure to Evaluate Addiction/Dependency Issues: Before and during the course of any treatment that involves addictive drugs, the physician assistant must evaluate the patient for addiction and dependency issues.
- Prescribing to Self/Friends/Family: Physician assistants must maintain professional objectivity and therefore must not prescribe drugs to their self, family, or friends.
- Failure to Submit to a Psychological or Physical Exam: Under certain circumstances, and often due to work performance, a physician assistant will be required to submit to a psychological or physical examination. Failure to submit to examination will cause the physician assistant to be disciplined by the Board.
- Conviction or Discipline in Another Agency, State, or Court: The Physician Assistant Board of California Board will almost automatically discipline a physician assistant when that individual has been found guilty of a crime, or has been formally disciplined by another government agency, state, or court.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE PHYSICIAN ASSISTANT BOARD OF CALIFORNIA?
You will likely first learn that you are being investigated by the Physician Assistant Board of California when you, or your co-workers, are contacted by a “board inspector”. To understand the role of a “board inspector”, think of the matter as a criminal case in court. The “board inspector” would be the police officer, and the “deputy attorney general” would be the prosecutor. Therefore, it is unwise to talk to the “board inspector” without representation. However, becoming dismissive or unresponsive to the Board is not a solution. Problems rarely resolve on their own. Rather than be dismissive or unresponsive, imagine having Malakauskas Law by your side to help you through the process.
Having an attorney by your side during the investigation will help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they will add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE PHYSICIAN ASSISTANTS DISCIPLINED UNDER?
When you are served with an accusation, the accusation will likely reference California Business and Professions Code §§2234 or 2266. California Business and Professions Code §2234 lists various categories with which the Board may discipline a physician assistant. Some of the categories include “gross negligence”, “repeated acts of negligence”, “incompetence”, and “dishonesty”. California Business and Professions Code §2266 allows the Board to discipline a physician assistant for inadequate record keeping. Physician assistants are almost always accused of inadequate recording keeping during the disciplinary process.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the Physician Assistant Board of California can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the Physician Assistant Board of California within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. The sooner you file the notice of defense the sooner can feel relief. Malakauskas Law, APC, can get started on filing your notice of defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a notice of defense, a default decision will be taken against you. Nevertheless, the Physician Assistant Board of California may grant a hearing “in its discretion” “on a showing of good cause”. However, a written motion requesting that the decision be vacated must be served within seven (7) days after service of the decision. California Government Code §11520(c).
Nevertheless, the more prudent action is to file your notice of defense within fifteen (15) days after being served with an accusation.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The Physician Assistant Board of California will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort or confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §3530 allows you to petition the Physician Assistant Board of California for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to Physician Assistant Board of California under Government Code §3526 and especially §3530 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.As you have been reading this website, you may have felt overwhelmed by the process, or perhaps the information has made you eager to defend or reclaim your license. Get your answers today. Contact Malakauskas Law, APC today for your free consultation. Call 866-790-2242 now for your free consultation.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.