Medical Board of California Appeals Process

If you have had an administrative hearing and the Medical Board has considered the “decision” and imposed discipline you can appeal. Here are the basic steps and options.

• Petition for Reconsideration
• • Within 30 days after the Board formally adopts a decision, any licensee can petition the Medical Board of California to reconsider that decision.
  • The licensee can request changes or modifications to the decision during this period.
• Types of Petitions
• • After the initial 30-day window, a licensee may petition the Board for any of the following:
  • • Reinstatement of a Revoked License: If a license has been revoked, the licensee can seek its reinstatement.
    • Reduction in Penalty Terms: Licensees can request a reduction in the severity of penalties imposed by the Board.
    • Probation Termination: Licensees on probation can petition for early termination of the probationary period.
• Judges with Real Power
• • If dissatisfied with the Board’s final decision after appeal, a doctor has the right to escalate by writ or other means to judges outside the medical board system.
  • The avenues for review are: :
    • California Superior Court: The highest court in the state.
    • Appropriate District Appellate Court: Depending on jurisdiction.
    • California Supreme Court
    • United States District Court
    • United States Court of Appeals
    • U.S. Supreme Court: In specific cases, the highest court in the country.

Most medical board cases are decided by the state courts.

If you are facing a Medical Board hearing, Daniel Horowitz and his team of lawyers are among the most experienced trial lawyers in the area of physician defense. Call us for help.