Can the Medical Board of California Discipline Doctors Convicted of Crimes?
The Medical Board of California can discipline doctors who have been convicted of crimes if those crimes relate in any manner to the practice of medicine. The crimes can be unrelated to the medical practice but have an impact on the doctor’s ability to safely treat patients. A DUI or drug conviction may signal to the Medical Board that the doctor poses a risk to patients.
The Medical Board of California is required under Business & Professions code section 2236 to impose restrictions on licensees when the criminal conviction is substantially related to the qualifications, functions or duties of a physician and surgeon and arising from or occurring during patient care, treatment, management or billing (B&P 2236)
The penalties for a criminal conviction are contained in the Medical Board of California’s Disciplinary Guidelines.
Minimum penalty: Stayed revocation, one year suspension, at least 7 years probation
Maximum penalty: Revocation of license
Conditions that can be imposed when a license is not revoked include:
1. Community Service
2. Professionalism Program (Ethics Course)
3. Psychiatric Evaluation
4. Medical Evaluation and Treatment
5. Monitoring-Practice/Billing
6. Solo Practice Prohibition
7. Prohibited Practice