Verified Document

Physicians Must Possess Proper Licensing And Go Essay

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 a specific language within its state statute, neither its administrative regulations. This means that physicians have some leeway when registering and licensing. Due to the nature of statutes of California, certain physicians have been known to conduct shady business within the borders of this popular state. One such case is Milos Klvana who demonstrated what should not be done while practicing medicine. In order to report doctors like Milos Klvana, patients/consumers must undergo a series of actions. These actions will aid in gathering evidence of malpractice, present the problem of the patient, reimburse patient for medical expenses, and produce charges against the suspected physician. Typically, a patient must make a complaint concerning a physician to the Medical Board of California where they will enforced 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 initial step of filing a complaint is then followed by the Medical Board obtaining all copies of relevant information pertaining to the treatment and complaint, including medical bills, patient information, etc. If a person does not 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 in continuing the process. The medical providers will summarize their treatment of the person as well as release all medical records of said person.

There is a time limit however for complaints. Seven years or more from the time of the incident/treatment, and the 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). Also of note is that the medical consultant in charge of reviewing...

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 will normally be forwarded to the Board's investigative offices. If the investigative offices find evidence of foul play, the information will be sent to the Attorney General's office who will then file charges against the accused physician.
All complaints are kept anonymous even when agencies request medical record from accused physician. In regards to respective regulatory agencies, the Department of Consumer Affairs in California provides licensing for doctors as well as other professional categories. This department is responsible for the Medical Board of California's actions involving physician licensing, registering, and investigations. The unit responsible for handling complaints is the Central Complaint Unit.

Criminal liabilities for healthcare providers consist of a number of things. Most importantly are: no drinking alcohol or being the under the influence of controlled substances while working and no practicing of medicine without proper licensing. Presently, the laws are modified to include warnings of possible criminal implications as well as potential loss of their licenses. In December of 2003 new bills were passed stating what criminal action might be taken on physicians who participate in criminal/illegal behavior: "Bills 4656 and 4655. HB No. 4656, which is Public Act 235, changes the criminal code to provide that a licensed healthcare professional is guilty of a misdemeanor if he or she engages in the practice of his or her profession:

1) with a bodily alcohol content of .05 or more grams per 100 milliliters of blood, 210 liters of breath, or 67 milliliters of urine, or

2) under the influence of a controlled substance that visibly impairs his or her ability to safely and skillfully practice his or her profession. The law also gives a "peace officer" the authority to require the individual to submit to a breath, blood, or urine test. Although the law gives the peace officer the authority to try to get a court order, it does not indicate what the consequences will be if the health care professional refuses to…

Sources used in this document:
References

Center for Telehealth and E-Health Law (2010). CALIFORNIA PHYSICIAN LICENSURE STATUTE Business and Professions Code Division 2. Healing Arts Chapter 5. Medicine Article 3. License Required and Exemptions. Retrieved from http://ctel.org/annotated_states/California_Annotated__%20(2579579_1).PDF

Glasner, K.J. (2007). Risk Management for Medical Doctors. Retrieved from http://glasnerqc.tripod.com/rskmgdr.html

Miller, Johnson, Snell & Cummiskey, P.L.C. (2004). Criminal Liability For Health Care Providers Who Practice While Under The Influence - Publications - Miller Johnson. Retrieved from http://www.millerjohnson.com/pubs/xprPubDetail.aspx?xpST=PubDetail&pub=1282

Monico, E., Kulkarni, R., Calise, A., & Calabro, J. (2013). The Criminal Prosecution of Medical Negligence. The Internet Journal of Law, Healthcare, and Ethics, 5(1), 1-7. Retrieved from http://ispub.com/IJLHE/5/1/5237
State of California (2010). Welcome to the Medical Board of California - Complaint Process Frequently Asked Questions. Retrieved from http://www.mbc.ca.gov/consumer/complaint_info_questions_process.html
State of California (2010). Welcome to the Medical Board of California - Corporate Practice of Medicine. Retrieved from http://www.mbc.ca.gov/licensee/corporate_practice.html
Cite this Document:
Copy Bibliography Citation

Related Documents

Nursing License and Process
Words: 1362 Length: 4 Document Type: Essay

Value of Professional Credentialing in the Health Care Industry Discussion of the intended role of licensing and credentialing It crucial that process of conforming credentials and licensing be done in the health care sector. The role of licensing, credentialing and certification in any field, and particularly in the field of health care and medicines is critical because these processes by government and other accredited agencies are essential to ensure that all practitioners

Market Driven Management
Words: 25695 Length: 75 Document Type: Term Paper

Pharmaceutical industries have to operate in an environment that is highly competitive and subject to a wide variety of internal and external constraints. In recent times, there has been an increasing trend to reduce the cost of operation while competing with other companies that manufacture products that treat similar afflictions and ailments. The complexities in drug research and development and regulations have created an industry that is subject to intense

LR Explor/The Nurse Leader Role
Words: 8934 Length: 30 Document Type: Research Proposal

(Feldman & Greenberg, 2005, p. 67) Staffing coordinators, often nurse leaders must seek to give priority to educational needs as a reason for adjusting and/or making schedules for staff, including offering incentives to staff not currently seeking educational goals for assisting in this priority regardless of the implementation of a tuition reimbursement program. (Feldman & Greenberg, 2005, p. 233) Nurse Leaders as Academic Theorists The fact that many nurse leaders serve

Japanese-American Biopharmaceutical Industry in the 21st Century
Words: 20340 Length: 60 Document Type: Term Paper

Japanese-American Biopharmaceutical Industry in the 21st Century Optimizing Ethical Drug Availability Between These Two Pharmaceutical Superpowers" The Japanese-American biopharmaceutical industry represents an ongoing international effort between the two top pharmaceutical markets in the world. These two economic powers provide consumers with a majority share of all pharmaceuticals produced in the world. However, a number of pharmaceutical products that are currently available to U.S. residents are unavailable to Japanese consumers. From a humanitarian perspective, this

Fault: An Alternative to the Current Tort-Based
Words: 30263 Length: 110 Document Type: Thesis

Fault: An Alternative to the Current Tort-Based System in England and Wales The United Kingdom statistics regarding claims THE NATIONAL HEALTH SYSTEM OBSTACLES TO DUE PROCESS THE CASE FOR REFORM THE REGULATORY ENVIRONMENT THE RISING COST OF LITIGATION LORD WOOLF'S REFORMS MORE COST CONTROLS THE UNITED STATES PAUL'S PULLOUT THE INSURANCE INDUSTRY TORT REFORM IN AMERICA FLEEING PHYSICIANS STATISTICS FOR ERROR, INJURY AND DEATH THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN THE UNITED STATES SITUATION, IN SUMMARY NEW ZEALAND CASE STUDIES THE SWEDISH SCHEME COMPARISON: WHICH SYSTEM IS

Substance Abuse in Nursing Puts
Words: 3961 Length: 13 Document Type: Research Proposal

This site contains no information directly related to the problem of substance abuse within the profession. The industry related information on the workplace environment is geared towards serving the nursing professional, and especially protecting their rights in the various nursing workplace settings. It begs the question of why, when substance abuse is a problem in the profession, the site offers no resources to the nursing professional as to where they

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now