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Defending The Rights Of Physician Assistants Facing Disciplinary Action
The Physician Assistant Board of California takes allegations of misconduct against physician assistants seriously, and you need an experienced and respected medical license defense attorney protecting your license and your rights. The Physician Assistant Board of California monitors and regulates licensed Physician Assistants throughout the state of California. The Physician Assistant Board’s established Enforcement Unit investigates reported and alleged criminal and administrative violations.
An investigation and/or disciplinary action by the Physician Assistant Board of California can threaten a physician assistant’s medical license and career. During the investigative stage, an experienced medical license defense attorney can assist the physician assistant by responding to an inquiry from the Physician Assistant Board. This response may be in writing and/or in person during an investigative interview. With experienced defense counsel an effective response may result in the Physician Assistant Board’s Enforcement Unit closing the investigation without a formal Accusation.
The financial and emotional costs of a formal Accusation can be overwhelming, and can tarnish a career given that the Accusation and charges of the Physician Assistant’s violations are publicly available because disciplinary actions are posted to the Physician Assistant Board’s website, published in the quarterly newsletter, and accessible through the online look-up system. Even if the allegations are later disproven, the damaging effect may linger.
It is important to retain an experienced professional license defense attorney early. At Spodek Law Group, we understand the complexities of defending a Physician Assistant’s license. Todd Spodek, the firm’s managing partner, has defended medical professionals in both state and federal proceedings for over a decade. His experience includes representing healthcare providers in high-profile cases, including serving as counsel for Anna Delvey in the Netflix series “Inventing Anna.” Whether your licensing problem arises from a criminal matter, an Accusation filed by the Physician Assistant Board, or an ethics complaint we can assist you in protecting your medical license.
Our office is experienced defending Physician Assistants facing disciplinary action(s) due to the following allegations:
Negligent Quality of Care
Professional Misconduct
Non-Therapeutic Prescribing
Excessive Prescribing of Controlled Substances
Boundary Violations
Inadequate Maintenance of Patient Charts & Records
Chemical Dependency
Criminal Arrests, Charges or Convictions
DUI
Sexual Misconduct
Failure to Abide by Collaborative Practice Agreement
Failure to Report as Required by Law
Physician Assistants are required to report to the Physician Assistant Board when charged with a felony offense in an indictment or information, or if convicted of a misdemeanor or felony offense (Cal. Bus. & Prof. Code § 802.1). This report must be made within 30 days of the date of the bringing of the indictment or information or of the conviction. A Board investigator will follow-up in writing requesting additional information if necessary and/or may request an interview.
The Division of Investigation may become involved in cases involving criminal conduct. Sworn peace officers from the Division of Investigation have authority to investigate violations that may constitute crimes. Todd Spodek’s experience with criminal defense proceedings provides valuable insight when Board investigations involve parallel criminal charges.
At Spodek Law Group we evaluate the best course of action for the physician assistant by examining your circumstances and taking a proactive, understanding approach. As experienced professional license defense attorneys, we represent Physician Assistants at all phases of the Disciplinary Proceedings including:
Investigative process
Response to investigative subpoenas
After an Investigation commences
After the filing of an Accusation
During Contested Hearings before the Office of Administrative Hearings
Petitions for Reinstatement of Licenses
The firm, originally established as a federal criminal defense practice, has expanded to include comprehensive professional license defense. Spodek Law Group also assists Physician Assistants with Petitions for Reinstatement of Licenses which have been previously surrendered or revoked. We pride ourselves on taking a comprehensive strategy to defend the Physician Assistant’s license.
Depending on the Physician Assistant’s circumstance, the defense strategy may include:
Requesting a meeting with the Board’s investigator and/or Deputy Attorney General to present evidence to either refute the allegation that misconduct occurred or mitigate the degree of discipline;
Retaining appropriate medical experts in the issues at hand;
Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure computer meta data, evaluate the scene or evidence;
Developing a rehabilitation plan if chemical dependency is at issue. This may include a psychological evaluation and chemical testing to rule out chemical dependency; or if necessary recommend professional counseling to address any substance abuse issues;
Creating a mental and emotional rehabilitation strategy. Sometimes in our lives we suffer tragic loss, instances of domestic violence, situational depression, or even just go through an extended period of immense stress. In these instances, a professional is not in need of discipline by their Board, they need support and resources;
Assisting the professional with gathering the necessary mitigation documents to support a rehabilitation package and/or prepare for hearing with the Office of Administrative Hearings.
An investigation with or without a letter stating that the matter had been closed – not considered formal discipline.
A Citation with or without a fine.
An Accusation filed by the Physician Assistant Board of California. This is a legal filing that will be made public via the Board’s website.
A Public Reprimand or Reproval. A type of discipline issued by the Board for minor infractions.
License Probation. A period of time whereby a Licensee is subject to restrictions by the Board. The Licensee is allowed to continue to practice with a conditional license.
License Revocation. A licensee will no longer be able to practice as a physician assistant.
Can I Represent Myself Before the Board?
You can represent yourself before the Physician Assistant Board of California. However, doing so is rarely in your best interests. Under California law, you have a right to be represented by an attorney throughout the investigation and disciplinary process.
Board investigations are a formal process that often culminates in disciplinary action, which may include being put on probation or having your license suspended or revoked. In some cases, an investigation may even lead to criminal charges. Legal representation can be crucial to protecting your license and your freedom.
The mission of the Physician Assistant Board, in part, is to protect the public. While members of the administrative board may include your peers, they are not your friends. During investigations and disciplinary proceedings, their goals generally do not align with yours.
What Should I Do If I’m Under Investigation?
If you learn that you are under investigation by the Physician Assistant Board, you should consult with a professional license defense lawyer to evaluate the best strategy for your matter. If an investigator from the Board reaches out, you should politely refuse to speak to them until your attorney can be present.
As tempting as it may be, do not contact the Board to try to explain the situation. Anything that you say to the Board or its investigators could be used against you in an enforcement proceeding or a criminal prosecution.
What Are the Timelines?
If you receive a formal Accusation, you must file a Notice of Defense within 15 days. This deadline is jurisdictional and cannot be extended.
Investigation timelines vary. Initial review typically requires 30-60 days. Medical consultant review may add 60-90 days. Complex cases can extend beyond one year.
The Physician Assistant Board’s complaint process is described as thorough and lengthy.
Why Choose Spodek Law Group?
Spodek Law Group brings unique advantages to professional license defense. Todd Spodek’s background in federal criminal defense provides invaluable perspective when Board proceedings involve criminal allegations. The firm has represented medical professionals in matters ranging from routine investigations to complex federal healthcare fraud cases.
Our approach combines aggressive advocacy with practical understanding of how Boards operate. We maintain relationships with medical experts, former Board investigators, and administrative law specialists who assist in building comprehensive defenses.
Los Angeles County presents unique challenges. The administrative law judges who preside over these matters in Los Angeles have extensive experience with medical board cases.
The Los Angeles County District Attorney’s Office maintains coordination with the Physician Assistant Board. Healthcare fraud prosecutions often proceed simultaneously with Board actions. Todd Spodek’s experience defending federal healthcare fraud cases provides critical insight when facing parallel proceedings.
Physician assistants in Los Angeles compete for positions at UCLA Medical Center, Cedars-Sinai, Kaiser Permanente, and other prestigious institutions. Public discipline can end careers in this competitive market. Spodek Law Group understands the Los Angeles healthcare landscape and how to protect your ability to practice in this market.
Todd Spodek has represented medical professionals for over a decade. The firm’s experience spans from simple Board investigations to complex federal criminal healthcare prosecutions. Our team understands the complexities of administrative law and Board procedures.
Professional liability insurance may provide limited coverage. Most policies cap administrative defense at $5,000-$10,000. Contested matters often exceed $50,000. We work with clients to develop fee arrangements that recognize these limitations.
Time is critical. Board deadlines cannot be extended. Early intervention often produces better outcomes. Spodek Law Group’s resources and experience can make the difference between keeping your license and losing your career.
Contact Spodek Law Group at 212-300-5196. The office maintains 24-hour availability for urgent matters.
Your physician assistant license represents years of education and substantial investment. Protecting it requires experienced representation familiar with Physician Assistant Board procedures and administrative law. Todd Spodek and the team at Spodek Law Group have the experience, resources, and track record to defend your professional future.
212-300-5196
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
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NJ CRIMINAL DEFENSE ATTORNEYS