When a doctor, nurse, or other licensed healthcare provider is accused of a crime, the stakes are uniquely high. Beyond the criminal penalties, an arrest or conviction can trigger a licensing board investigation that threatens your ability to practice medicine in California. Defending these cases requires two parallel strategies: one for the criminal charges themselves, and another for protecting your professional license. Without both, your career, reputation, and livelihood could be at risk. Contact a knowledgeable and dedicated Tehama County medical professional criminal defense lawyer from Cohen Criminal Law for a free case evaluation today.
How Criminal Charges Affect Licensed Medical Professionals
California holds physicians, nurses, and other medical professionals to the same criminal standards as every citizen, but professional discipline adds another layer of exposure. Once the Medical Board of California (MBC) or the Board of Registered Nursing learns of an arrest or criminal charge, they often begin their own investigation.
This means that even if you’re acquitted in criminal court, your licensing board may still pursue disciplinary action. These proceedings can lead to:
- License suspension or revocation
- Mandatory probation or monitoring
- Restrictions on patient contact
- Public disciplinary records
Because of this, it’s critical to have an attorney who understands both criminal defense and administrative law.
What the Medical Board of California Investigates
The Complaint and Enforcement Unit of the MBC reviews allegations of professional misconduct and potential criminal activity. They oversee physicians, surgeons, psychiatrists, podiatrists, and physician assistants.
If a complaint is filed, whether by a patient, coworker, or law enforcement agency, the Board can:
- Conduct interviews and background checks
- Review medical records and controlled substance logs
- Request information from hospitals or law enforcement
- Refer serious cases to the Attorney General for prosecution
An experienced medical license defense lawyer can often respond early in the process, provide evidence of compliance, and help close the investigation before it becomes a formal accusation.
Patient Confidentiality and Legal Defense
California health professionals are bound by both HIPAA and the Confidentiality of Medical Information Act (CMIA). These laws protect patient privacy but can complicate criminal defense cases.
In some situations, a defense attorney may need access to patient records to build a case. However, these documents are heavily protected and may only be obtained with a court order or specific authorization.
Common Criminal Charges That Endanger Licensure
Not every criminal offense results in professional discipline, but certain charges almost always attract scrutiny from licensing boards. These include:
- Driving under the influence (DUI)
- Prescription fraud or drug diversion
- Sexual misconduct or harassment
- Domestic violence
- Insurance or billing fraud
- Theft or financial crimes
Substance-related offenses, in particular, often raise red flags about a professional’s judgment and fitness to practice. A DUI conviction, for example, can prompt mandatory substance abuse evaluation or treatment, and may lead to temporary suspension until compliance is proven.
Contact a California Medical Professional Criminal Defense Lawyer
If you’re a California medical professional facing criminal charges, early legal intervention is crucial. The moment you’re contacted by investigators, or even suspect an inquiry, speak with an attorney who understands both sides of the process.
Attorney Gregg Cohen of Cohen Criminal Law has extensive experience defending doctors, nurses, and other licensed professionals throughout California. Our firm works to minimize criminal exposure while safeguarding your license and reputation.
Contact us today for a confidential consultation at (530) 527-1972 or reach out online.