California Physician Licensing, Complaints, and Criminal Liability

Introduction: Physician Licensing in California

Physicians must possess proper licensing and go through a myriad of processes in order to qualify to practice medicine. The state of California, as it pertains to physicians, does not have specific language within its state statutes or administrative regulations. This means that physicians have some leeway when registering and obtaining licensure. Due to the nature of California's statutes, certain physicians have been known to conduct questionable business within the borders of this state. One such case is that of Milos Klvana, who demonstrated what should not be done while practicing medicine.

In order to report physicians like Milos Klvana, patients and consumers must undergo a series of actions. These actions aid in gathering evidence of malpractice, presenting the patient's problem, reimbursing the patient for medical expenses, and producing charges against the suspected physician. Typically, a patient must file a complaint concerning a physician with the Medical Board of California, which enforces the provisions of the Medical Practice Act. The Medical Practice Act provides: "Any person who practices or attempts to practice, or who holds himself or herself out as practicing…[medicine] without having at the time of so doing a valid, unrevoked, and unsuspended certificate…is guilty of a public offense" (State of California, 2010, p. 1).

The Medical Board Complaint Process

The initial step of filing a complaint is followed by the Medical Board obtaining all copies of relevant information pertaining to the treatment and complaint, including medical bills and patient information. If a person does not submit an "Authorization for Release of Medical Records" at the time of filling out the complaint form, then the patient must do so as soon as possible. This step is crucial to continuing the process. The medical providers will summarize their treatment of the person and release all medical records pertaining to that individual.

All complaints are kept anonymous, even when agencies request medical records from the accused physician. The Department of Consumer Affairs in California provides licensing for doctors as well as other professional categories. This department oversees the Medical Board of California's actions involving physician licensing, registration, and investigations. The unit responsible for handling complaints is the Central Complaint Unit.

Complaint Timelines and Investigative Priorities

There is a time limit on complaints. Seven years or more from the time of the incident or treatment, and a case cannot be opened. "Business and Professions Code section 2230.5 states that any accusation (or formal charges against the physician's license) filed against a licensee shall be filed within seven years after the act or omission/incident" (State of California, 2010, p. 1). It is also important to note that the medical consultant responsible for reviewing the case must find evidence of wrongdoing in order to keep the case open and eventually take it to court if necessary. If there is no evidence of substandard care or foul play, the case is closed.

Cases that allege sexual misconduct or negligible death receive the highest priority and are normally forwarded to the Board's investigative offices. If the investigative offices find evidence of wrongdoing, the information is sent to the Attorney General's office, which will then file charges against the accused physician.

Conclusion: Accountability in Medical Practice

Physicians are an integral part of healthcare. They are the ones who prescribe medications, sign referral forms, and at times are in charge of the life of a patient. It is important for these physicians to be held responsible for any deviant action, for they are responsible for the lives of the patients they treat. In order for their actions to be held accountable, certain procedures must be followed.