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OUT OF STATE LICENSE DISCIPLINE & CONSEQUENCES

Many California physicians including those licensed by the CA Medical Board, CA Osteopathic Medical Board, CA Board of Podiatry, as well as registered nurses and other health care professionals possess professional licenses in not only California but other states as well. If an out of state license is disciplined including suspended, revoked, placed on probation, or surrendered in lieu of revocation, this likely will have consequences on the licensee’s California medical or nursing license.

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Expungements and Penal Code Section 1203.4

New California Professional Licensing Laws and Regulations: Expungements and Penal Code Section 1203.4 Relief More Important than Ever for CA Professionals Facing Denial, Suspension and Revocation of Licenses.

California’s professional licensing agencies in Sacramento continue to amend their laws and regulations so as to give more benefits to license holders and applicants who are facing potential discipline based on a criminal conviction if the conviction is expunged i.e. dismissed pursuant to CA Penal Code section 1203.4.

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Sealing of Arrest and Criminal Records for Adults and Juveniles (New 2018 Laws)

Specifically, newly added CA Penal Code section 851.91 allows adults’ arrest records to be sealed and no longer deemed “arrests” if the matter did not result in a conviction. Likewise, adult arrest records in which charges were dismissed following compliance with a diversion program may also now be sealed. Lastly, nearly all juvenile records, even those involving serious offenses, may now be sealed. However, obtaining such relief requires the filing of a petition with the courts and thus is best handled by an experienced attorney like Jonathan Turner.

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California Commission on Teacher Credentialing Investigations & Discipline

The California Commission on Teacher Credentialing issues various credentials, beyond simply teaching credentials, allowing one to work in California’s public schools. These include:

Administrative Services Credentials – These allow one to work in administration such as being a principal or an assistant principal. Administrators are not immune from being disciplined by the Commission on Teacher Credentialing including having their credentials denied, suspended or revoked. Similar to teachers, administrators may be subject to investigations conducted by the Commission’s Division of Professional Practices and its Committee of Credentials for reasons such as the conviction of a crime, misdemeanor or felony, or resigning from employment due to allegations of misconduct.

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Interim Suspension Orders

Interim Suspension Orders or “ISOs” are sought by a number of California professional licensing boards when the agency, represented normally by the Attorney General’s Office, believes the California licensed professional is unsafe to practice their profession. Often the CA Medical Board, CA Osteopathic Medical Board, CA Dental Board, CA Board of Registered Nursing, CA Board of Pharmacy, the CA Board of Chiropractic Examiners, the CA Respiratory Care Board, etc… will seek an ISO if the doctor or nurse is suspected of having a substance abuse problem or accused of sexual misconduct. Many times the CA licensed professional will receive notice of the Interim Suspension Order while they have criminal charges pending.

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Letters of Investigation from the Department of Consumer Affairs

If a Complaint is made to the Medical Board of CA, the Board of Psychology, the Dental Board of CA, the Osteopathic Medical Board of CA, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the State Board of Optometry, the Veterinary Medical Board, the Physical Therapy Board of CA, the CA State Board of Pharmacy, the Speech-Language Pathology Board regarding a licensee. The applicable board and/or the CA Department of Consumer Affairs will conduct an investigation. As part of that investigation the licensed CA physician, nurse, healthcare worker, etc… often receives a letter indicating that a complaint has been made and that the Board’s or DCA’s Investigator is conducting an interview as part of that investigation. The letter will then direct the licensed medical professional to contact the named investigator to set up such an interview.

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What is a Stipulated Settlement in a California Professional License Disciplinary Matter?

A disciplinary action brought by a CA licensing board or agency, such as the CA Medical Board, the CA Osteopathic Medical Board, the CA Physicians Assistant Board, the CA Chiropractic Board, the CA Board of Registered Nursing, the CA Occupational Therapy Board, the CA Speech Pathology Board, the CA Physical Therapy Board, the CA Respiratory Care Board, the CA Commission on Teacher Credentialing, the CA Veterinary Medicine Board, the CA Board of Behavioral Sciences, the CA Board of Psychology, etc…, formally begins with the receipt of several documents in the mail – an Accusation (if you are a license holder) or a Statement of Issues (if you are a license applicant), a Notice of Defense, a Request for Discovery and a Statement to Respondent.

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License Citations, Informal Conferences and Administrative Hearings

Many of California’s professional licensing agencies including the CA Podiatric Medical Board, CA Osteopathic Medical Board, the CA Medical Board, the CA Dental Board, the CA Board of Registered Nursing, the CA Pharmacy Board, the CA Chiropractic Board, the CA Board of Psychology, the CA Bureau of Automotive Repair, the CA Board of Behavioral Sciences, may issue citations for alleged misconduct. However, these citations can act as a black mark on a CA licensed healthcare professionals or other professionals licensing record.

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CA Department of Consumer Affairs and CA Licensing Board Drug and Alcohol Diversion Programs

Many of California’s professional licensing boards, especially those within the health care field (CA Medical Board, CA Dental Board, CA Board of Registered Nursing, CA Board of Occupational Therapy, CA Board of Physical Therapy, CA Board of Licensed Vocational Nursing, CA Board of Psychology, CA Board of Behavioral Sciences, CA Chiropractic Board, CA Osteopathic Medical Board, CA Board of Respiratory Care, etc…) have diversion programs for licensees suspected of drug or alcohol problems. (Note, these Board-driven diversion programs are separate and distinct from criminal diversion programs enumerated in CA Penal Code section 1000.)

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Citations and Accusations Brought by the CA Bureau of Automotive Repair Against Automotive Repair Dealers and Smog Check Stations

The California Bureau of Automotive Repair frequently monitors authorized Automotive Repair Shops and licensed Smog Shops all over California. As part of its monitoring process the BAR will conduct undercover operations. These operations may include bringing in a car to a repair shop to see if the shop makes unnecessary repairs and overcharges the customer.

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LEGAL TROUBLE WITH YOUR PROFESSIONAL LICENSING BOARD?

If you received a denial of a professional license or any threat to your ability to continue practicing your profession, please contact attorney Jonathan Turner using this contact form or call (916) 471-6505 for a personal conversation.





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