Exploiting Differences Between the Medical Board of California and the Osteopathic Medical Board of California

Osteopathic Doctors (DOs) and Medical Doctors (MDs) in California are both fully licensed to prescribe medication and practice in all medical specialty areas, including surgery. The same laws govern the required training for DOs and MDs, ensuring that both are held to comparable standards. According to BPC § 2453, holders of MD and DO degrees are to be accorded equal professional status and privileges as licensed physicians and surgeons. Licensing examinations for both are also comparable in rigor and comprehensiveness.

So, why does California have separate boards—the Medical Board of California and the Osteopathic Medical Board of California—while states like the Medical Board of Texas and the State Medical Board of Ohio have a single board governing both DOs and MDs?

In 2002, the Osteopathic Board volunteered to be included under the umbrella of the California Department of Consumer Affairs (DCA), which also regulates MDs. Both boards have separate directors appointed by the Governor, but they operate under the same DCA.  If there is one "boss" why are there two boards?

While the boards generally track each other carefully and deliberately, there could be meaningful differences in their positions on issues such as standards for prescribing opioids, the use of the title "Dr." by nurses with PhDs, or disciplinary standards for common offenses. In California, doctors are entitled to clear standards from their boards. If there are differences, a doctor might compare the discipline from the Medical Board of California with that from the Osteopathic Medical Board of California. Since the DCA oversees both, maintaining consistency is crucial.

Doctors have the right to fair notice of what is permitted and prohibited. If there is a distinction between the boards, the rationality of one board's decision over the other is worth considering. In essence, you have two parallel universes, and like a dystopian movie, a doctor can be a victim in one universe and a hero in another.

In practice, the boards and the DCA work together to fashion common principles. However, in terms of disciplinary discretion, there is potential for significant variation. This is particularly true since the boards ultimately choose to accept or reject the recommendations of administrative law judges following Office of Administrative Hearing (OAH) rulings. Board appointments are political, and each board member has a unique perspective. While most administrative law decisions are accepted by the board, there may be overrides on certain issues with one board more than another.

The Horowitz medical lawyers are known for their cutting-edge defenses of physicians. Call us if you have any medical board or osteopathic board issues.