An osteopath is a licensed physician aiming to improve their patient's health. The Osteopathic Medical Board of California (OMBC) is California's government body regulating osteopath practice.

The board aims to promote professionalism and protect consumers from osteopath negligence. You must complete your education and pass the licensing examination to obtain an osteopathic license. If you violate the code of conduct set for licensed professionals, patients, law enforcement, or colleagues, you can report it to the board. The board will investigate the claims and impose disciplinary action against your license.

If you lose your license through the board's disciplinary action, your efforts to obtain and keep your license will be wasted. If you are under investigation by the osteopathic medical board in San Luis Obispo, CA, you will need our expertise at San Luis Obispo License Attorney.

Duties and Responsibilities of Osteopaths in California

The osteopathic medical profession in California emphasizes a unique approach to healthcare. Osteopathic medicine incorporates the traditional aspects of medical care into modern medicine. Their treatment helps to reduce pain and support the body’s health. The duties of the osteopaths in the healthcare sector include:

  • Diagnosis and patient care. Osteopathic physicians are trained to provide comprehensive patient care. Their roles include diagnosing medical conditions, prescribing medications, and ordering laboratory tests.
  • Osteopathic manipulative treatment (OMT) is a critical aspect of osteopathic medicine. It involves using the hands to diagnose, treat, and prevent conditions. OMT utilizes techniques like stretching to help alleviate pain.
  • Preventive care. Osteopathic physicians strongly focus on preventive care. They educate patients on lifestyle modifications, nutrition, stress management, and exercise. Osteopaths emphasize wellness and disease prevention as part of their patient care.
  • Collaboration with other medical staff. Osteopathic physicians work closely with other healthcare providers to deliver comprehensive care. Osteopaths receive proper training to appreciate the value of interdisciplinary collaboration. The osteopaths serve as primary care physicians in community settings.

Role of the Osteopathic Medical Board of California

The OMBC is part of the California Department of Consumer Affairs. Its main role is to regulate the practice of licensed osteopaths and protect patients. The roles of the OMBC include:

  • Licensing and certification. The board's primary role is to issue licenses to qualified osteopathic physicians. To acquire a license, a professional must have completed the training requirements.
  • Setting standards. The OMBC sets standards for osteopathic medical practice in California. The standards include guidelines for education, training, and professional conduct.
  • Disciplinary action. The board investigates complaints about osteopathic physicians. If the board finds you liable for a violation, it imposes disciplinary action against your license. The disciplinary actions range from simple warnings to license suspension and revocation.
  • Public protection. Another key role of the OMCB is to protect public health and safety. The board does this by ensuring that osteopathic physicians maintain high standards of practice. It includes monitoring physicians' ongoing competence and investigating cases of unethical behavior.
  • Regulation of osteopathic medical education. The OMBC ensures that osteopathic medical schools meet state requirements for quality education.

Common Violations by Licensed Osteopaths in California

You can face disciplinary proceedings if you commit the following violations:

Gross Negligence

The OMBC sets professional standards that all licensed professionals must adhere to. These standards help ensure the safety of their patients and the public. Negligence involves acting in a manner that puts the safety of their people at risk. Failure to exercise proper medical judgment leads to significant patient harm or danger. You risk facing serious disciplinary action for engaging in negligent acts.

Repeated Negligence

Some behavior violations by osteopaths are minor when done once. However, pattern negligence over time can result in disciplinary actions. Failure to follow the corrections or repeated mistakes indicates a disregard for the OMCB.

Incompetence

Incompetence is the failure to meet professional standards. It may result from a lack of knowledge, skill, or experience. The OMBC requires all licensed professionals to undergo regular training. The training helps them familiarize themselves with the current care standards and protocols. Engaging in incompetent practice can result in a reprimand or more serious disciplinary action.

Substance Abuse 

The use of alcohol or other controlled substances can impair the physician’s ability to practice medicine safely. Many assume that your conduct while off work cannot impact your license. However, your conduct can be reported to the board if your substance abuse affects your work. You can face more serious disciplinary action if you attend to patients while intoxicated.

Criminal Convictions

The consequences of a conviction for licensed osteopaths go beyond incarceration and fines. After your conviction, the law enforcement department will notify the OMBC of the conviction. A criminal conviction can result in an investigation and potential disciplinary action. Offenses that can impact your license include:

  • Fraud
  • Driving under the influence of alcohol (Vehicle Code 23152)
  • Child Abuse (Penal Code 273d)
  • Possession of a controlled substance (Health and Safety Code 11350)
  • Assault and Battery (Penal Code 242)

Sexual Misconduct

As a professional osteopath, your relationship with your patients must remain strictly professional. Engaging in sexual contact with a patient is a violation that can result in serious consequences for your license. The board can impose license discipline for this conduct. The license discipline applies regardless of whether the contact was voluntary or through abuse of a patient.

Failure to Report Patient Abuse

Osteopaths play a critical role in patient care. If you witness patient abuse by another healthcare professional, you must report it immediately. Failure to report patient abuse can jeopardize your license.

Obtaining a License Fraudulently

To practice as an osteopath in California, you must possess a valid license from the OMBC. You obtain the license after completing your education and passing the licensing exam. The OMBC will receive a report about your conduct if you fail to follow the proper protocol for obtaining your license.

Disciplinary Actions by the Osteopathic Medical Board

The disciplinary proceedings by the Osteopathic Medical Board of California take the following steps:

Complaint

A disciplinary proceeding begins when your conduct is reported to the board. Different individuals make complaints against you. They include:

  • Patients
  • Families of patients
  • Your employer
  • The law enforcement agencies
  • Your Colleagues
  • Regulatory institutions

The complaints can report your conduct through email or other reporting channels on the OMBC website. Complaints can address unprofessional conduct and other violations of state and federal law.

Initial Review

After receiving a complaint against you, the OMBC undertakes an initial review. During this phase, the board staff assesses whether the complaint falls within the OMBC's jurisdiction. If it does not, the board transfers it to the relevant agencies. Complaints that fall within the OMBC's jurisdiction undergo further investigation.

Investigation

If the OMBC determines the complaint warrants further review, it will investigate. The OMBC has the authority to thoroughly investigate the osteopathic physician's conduct. The investigation process involves:

  • Reviewing criminal and professional records
  • Interviewing the complainant, the physician, and other witnesses
  • Consulting expert medical professionals for an evaluation of the standard of care
  • Obtaining additional evidence or documents

The investigation process is confidential to protect the rights of the accused physician. During this phase, the board will send you notice of the investigation. You have up to 15 days to respond to this notice. In your response, you must indicate your intentions to fight the allegations.

Sometimes, the OMBC may implement temporary restrictions or suspensions on your license. The suspension occurs if evidence suggests your practice poses an immediate risk to patient safety. The restrictions include the requirement for you to undergo substance abuse treatment. The board can also order a fitness-to-practice evaluation.

Stipulated Agreement

If the board finds sufficient evidence to support the allegations, it could suggest a stipulated agreement. Under this agreement, you accept liability for the violations. You can skip the administrative hearing and proceed to disciplinary action.

A significant benefit of entering a stipulated agreement is that you can negotiate a favorable disciplinary action. You can negotiate with the board to avoid losing your license.

Administrative Hearing

The board will schedule an administrative hearing if you do not enter the stipulated agreement. Before the hearing, the board will allow you a discovery period lasting up to 30 days. During this time, you can review the evidence the board wishes to present for your case.

An administrative law judge presides over the administrative hearing. At the hearing, you can present the evidence to defend yourself. Additionally, you can cross-examine the witness presented by the board.

Final Decision

After the hearing, the ALJ will have up to thirty days to decide on your case. The final decision, which contains the findings, determinations, and an order from the ALJ, is posted on the board's website. The board can modify, accept, or reject the ALJ's decision under California Government Code 11517(c)(2).

Appeal

The board's decision on your disciplinary case does not seal your fate. If you are unsatisfied with the outcome, you can file an appeal. An appeal requests that the board review the case. The board requires you to file your appeal within sixty days of receiving the decision.

Disciplinary Actions and Consequences

If the Board concludes that you have violated the law or professional standards, it can take various disciplinary actions. The severity of the disciplinary action depends on the nature of the violation and the results of the investigation. The disciplinary actions include:

Public Reprimand

A reprimand is a formal written statement of disapproval. It is typically the least severe form of disciplinary action that the board can order. You could be reprimanded when the board finds you liable for a minor offense. A reprimand will not impact your ability to practice as an osteopath in California. However, it will remain in your record, and the board can use it during future dispositions.

Probation

The Board may impose probation if your conduct requires rehabilitative or corrective measures. You can continue to practice as an osteopath in California while on probation. During probation, the physician must comply with specific conditions. The conditions of professional probation include:

  • Additional education
  • Regular monitoring
  • Therapy for substance abuse.
  • Avoiding other violations

The Board will monitor a physician’s compliance with these conditions. Failure to comply with the conditions of your probation can result in more severe actions. The serious actions include suspension or revocation of your osteopathic license.

License Suspension

The board can impose a license suspension when you are found liable for committing a more severe violation. A license suspension means that the physician’s medical license is temporarily revoked. An osteopathic license suspension may last between one and five years.

The specific suspension period will vary depending on the severity of your violation. After the suspension period, you can apply for the reinstatement of your license.

Revocation

A license revocation is the most severe disciplinary action you could face against your osteopathic license. You can face this disciplinary action when you commit severe violations. These violations include repeated malpractice, criminal activity, or severe unethical conduct.

Fines

In some cases, the Board may impose fines on the licensee. If the violation involves financial fraud or other related misconduct, you could face a fine. Fines are typically used with penalties such as probation or suspension.

Find a Competent Professional License Defense Attorney Near Me

Osteopaths ensure patient wellness by offering treatment for various conditions. Becoming a doctor of osteopathic medicine requires dedication, time, and resources. You must complete your education before obtaining your practice license. Additionally, you must ass your licensing examination.

The Osteopathic Medical Board has established practices that each professional must follow. Violations of the OMCB's code of conduct include unprofessional conduct, substance abuse, criminal convictions, and negligence. These violations can result in severe disciplinary action when reported to the board.

Your efforts could go down the drain if you lose your license and ability to practice through license revocation or suspension. Fortunately, you can fight the allegations to avoid disciplinary actions. At San Luis Obispo License Attorneys, we offer expert legal insight for our clients battling OMCB disciplinary proceedings in San Luis Obispo, CA. Call us at 805-465-2766 to discuss your case.