How Does the Medical Board of California Handle Doctors with Alleged Drug Issues?
Confidential Information:
- Drug issues alone do not lead to public disclosure by the Medical Board of California.
- Under California law, the following information remains confidential and is not made public:
- Investigations conducted by the Medical Board of California.
- Misdemeanor convictions after January 1, 2007, unless they result in an accusation or disciplinary action by the Board.
Public Records and Drug Issues in Medical Practice:
- Once a drug issue leads to a formal filing, it becomes a public record.
- A notable 2023 case involving Dr. Mats Fredrik Hagstrom, a board-certified plastic surgeon, demonstrates the Board’s approach to alleged drug or alcohol issues.
- In Dr. Hagstrom’s case, the Board worked collaboratively with him, and he received excellent legal representation (not from us in this instance).
- Despite an extensive probationary order, Dr. Hagstrom retained the Board’s respect for his medical skills, allowing him significant latitude to practice medicine.
- Importantly, Dr. Hagstrom did not admit to any wrongdoing, thanks too his skilled lawyer. Many less experienced attorneys might have accepted a deal requiring an admission of guilt.
So, the doctor entered into a stipulated resolution that reflects extensive terms but not necessarily punitive terms. He was allowed to continue to practice and prescribe drugs for his patients.
You can read the Accusation and resolution but a summary of some but not all the terms of probation are listed here.
Again: This doctor made no admissions. He was charged with having a condition affecting his ability to practice medicine safely; and with using drugs and/or alcohol in a manner as to be dangerous or injurious to himself, another person, or to the public.
The settlement was accepted (again without any admissions of wrongdoing whatsoever)
The Probation Conditions are extensive:
License revoked but the revocation was stayed and instead he was placed on seven years' probation.
Probation conditions were:
1. No use of controlled substances which we presume would only be psychoactive but the order is not clear.
2. No alcohol.
3. Psychiatric and/or substance abuse evaluation;
4. Notification of employer.
5. Submitting to biological fluid testing.
6. Attending substance abuse support group meetings.
7. Obtaining a worksite monitor.
8 Completing an ethics course.
9. Notification to patients of probation status.
10. Maintaining a record of all controlled substances ordered, prescribed, dispensed, administered or possessed. This indicates that his ability to prescribe was not limited. This is a good outcome.
11. Prohibited from engaging in the solo practice of medicine.
12. Submitting proof of notification of Decision and Accusation to required parties.
13. Prohibited from supervising physician assistants and advanced practice nurses.
14. Submitting quarterly declarations of compliance with all conditions of probation.
We note that he had an attorney with an excellent reputation and in cases like this an experienced attorney is an absolute necessity.
Expert Legal Representation for Medical Board Issues
Daniel Horowitz is a highly experienced medical doctor attorney. If you are facing a medical board investigation or any type of license action, contact our office for expert assistance.