Is there a law regarding the procedural requirements for disciplining healthcare providers and professionals?
Yes. California’s Administrative Procedure Act (APA), codified in Government Code §§11500–11549, governs the procedures for formal administrative hearings in the state. It applies to state boards, commissions, and officers authorized by law to hear and decide disputes, and it sets out definitions, procedural rules, and rights for parties involved.
Can I be held liable as an EMT for my EMS Paramedic partner’s mistaken actions or lack of acting in our EMS rescue for the patient’s care?
Yes, there is a likelihood you may also be held liable. Although the law recognizes the skill level of each EMS personnel working at the scene - every provider is expected to act in a manner in which they were trained at a particular level, to uphold the higher duty of care owed to a patient.
I was licensed as a DC in another state and granted my license reciprocity to practice chiropractic in the state of California. Can I also transfer my prior limited liability chiropractic practice to California?
No. CA is unique; explicitly prohibiting ALL licensed professionals from forming any kind of a limited liability company. Although CA’s partnership law provides for creation of a special partnership a limited liability partnership (LLP.) But, Jan 1, 2016, CA limited LLP’s to only three Professions- Lawyers, Public Accounting, and Architecture.
I am a licensed chiropractor who practices in California, but I am facing a patient accusation against my license. What should I anticipate at my State Board hearing?
You should review the California’s Administrative Procedure Act (CAPA), codified in Government Code §§ 11500–11549, that governs the procedures for formal administrative hearings in the state. It applies to state boards, commissions, and officers authorized by law to hear and decide disputes, and it sets out definitions, procedural rules, and rights for parties involved.
I am a California pain management physician accused of malpractice, but my carrier refuses to provide legal defense. Yet I have a fictitious medical permit registered at my board. How can my carrier now deny me stating I did not provide all specific service locations?
You have a Coverage Dispute on where your professional service was performed. As to the negligence being alleged at a different address from what you listed on your policy, and for what your policy showed. Insurance policies are written to protect the insurance company—not necessarily the physician. Your Insurance Agreement creates coverage, it defines the scope of protection; it triggers the duty to defend, and it sets the boundaries before any exclusions or exemptions are applied. Although California does not require every practice site to be registered at the board and publicly listed. Many other states require practice-location reporting to their boards.
A Fictitious Name Permit (FNP) from the Medical Board of California (MBC) is required for licensed physicians, surgeons, and podiatrists who want to practice under a name other than their own legal name in public communications, advertisements, signage, or announcements. Under Business and Professions Code § 2285, you must have an FNP if: you use any name other than your own in public practice materials. This applies whether you are a sole proprietor, in a partnership, medical group, or professional corporation.