When a licensed professional is being investigated or facing charges in a criminal matter they are at risk of losing far more than the average person who finds themselves in this situation. Along with the fear of being locked up, reputational damage and how this will affect their family, they could lose their job and/or face disciplinary action by regulators or the licensing board.
If this sounds like the circumstances you are in, it is vital that you hire a highly skilled criminal lawyer who specializes in defending professionals. You want your legal team to evaluate the entire legal situation you’re facing, making sure that they proactively deal with every aspect of your case when defending you.
The criminal defense attorneys at My Rights Law have defended hundreds of cases including doctors, lawyers, police officers, real estate brokers, TV personalities, professional athletes, nurses, insurance agents and bankers. The most common cases are domestic violence and DUI, however, a minor infraction, like perhaps shoplifting, could end the career of a loan officer because everyone working in the banking industry must follow the laws set forth in the Federal Deposit Insurance Act (FDIA).
We respect the fact that you want to get this ordeal done and finished as soon as possible, however, we must be certain that whatever advice we dispense and actions we take on your behalf have been well considered and do not jeopardize your case. We will develop a well-thought-out strategy that anticipates all eventualities.
Of major concern among our clients is how the potential of criminal charges being filed against them will affect their reputation, their current employment and future prospects as well as their family. As a professional yourself, you understand the importance of being represented by the kind of professionals who respect confidentiality and the lawyer/client privilege and who will handle your case and all your communications with the utmost in discretion.
We will appear in court on your behalf without you having to be there to the extent allowed by law in the jurisdiction. As our client, our communications will be confined to just you unless you authorize us in writing to discuss your case with a third-party. Furthermore, in communicating with you about this, we will abide by the parameters you set in order to avoid any unintended disclosures to the authorized third-party.
Throughout our careers, we have defended thousands of professionals in many different legal matters. Odds are that we are already familiar with the type of case you’re facing, as well as the specifics of your particular profession.
A doctor, nurse, pharmacist, physician assistant, therapist, or other licensed health care professional may face more than one legal track after a complaint or investigation begins. Allegations involving false billing, services not rendered, medically unnecessary care, referral payments, prescriptions, diversion, patient records, or professional impersonation can lead to a criminal inquiry. The same facts may also be reviewed by an employer, credentialing body, insurer, or the licensing board with authority over that profession.
An arrest, accusation, audit, or complaint does not itself prove misconduct and does not automatically suspend or revoke a professional license. The event, alleged conduct, license type, reporting rule, and evidence all matter. Criminal prosecutors must prove a charged offense in court, while a licensing board applies its own statutes, administrative procedures, and public-protection mandate. A coordinated defense should account for both without treating them as the same case.
A criminal investigation may focus on who performed a service, what was documented, who submitted a claim, whether a representation was material, and whether the evidence proves the required knowledge or intent. An innocent coding mistake, incomplete chart, disputed medical-necessity judgment, or ordinary billing disagreement is not automatically fraud. Counsel may compare claims data with patient charts, EHR audit trails, coding guidance, supervision records, communications, and payment history before evaluating the government's theory. Federal allegations may also require coordination with a California federal defense lawyer, while state financial allegations may overlap with financial-crimes defense.
The Medical Board of California investigates complaints within its jurisdiction involving physicians and certain covered professionals, including inappropriate prescribing, fraudulent insurance claims, unlicensed activity, aiding and abetting unlicensed practice, record issues, and other alleged violations of the Medical Practice Act. The Board says it generally lacks jurisdiction over ordinary billing or fee disputes, general business practices, and personal conflicts unless the conduct interferes with the safe delivery of health care.
The Medical Board does not regulate every health care license. Nurses, pharmacists, dentists, chiropractors, psychologists, osteopathic physicians, and other professionals may be regulated by a different board or bureau. The Department of Consumer Affairs publishes a health care licensing-entity guide to identify the appropriate regulator. Before responding, counsel should confirm the license type, agency, complaint number, deadline, alleged statutes, and whether a parallel criminal matter exists.
Under the Medical Board's published complaint process, a complaint is screened for jurisdiction and supporting information. Matters can be closed when no apparent violation is found or the evidence is insufficient. If an investigation supports potential disciplinary action, the matter may be referred to the Attorney General's Office for an accusation. A physician served with an accusation can contest it through the separate administrative disciplinary process. These steps are not a criminal trial, and no particular complaint outcome should be assumed.
Reporting duties vary by profession and event. For physicians and surgeons, osteopathic physicians and surgeons, podiatrists, and physician assistants, Business and Professions Code section 802.1 requires reporting to the issuing entity when an indictment or information charges a felony, and when the licensee is convicted of a felony or misdemeanor. That statute does not identify a mere arrest as its reporting trigger. Other boards and employers may have different rules, contracts, or deadlines, so the applicable requirements should be checked rather than assumed.
A report or board investigation is not itself discipline. Possible administrative consequences depend on the governing practice act, proof, procedural stage, and final decision. Defense counsel should avoid promises about license retention or a particular board result and should identify any notice, renewal, credentialing, employment, or self-reporting obligation early.
Business and Professions Code section 2052 applies when a person practices or attempts to practice medicine, advertises or holds themselves out as practicing, or diagnoses, treats, operates, or prescribes without a valid, unrevoked, and unsuspended physician's certificate or another legal authorization for the act. The section also reaches conspiracy and aiding or abetting the conduct described in the statute. The scope of a person's actual license, delegation, supervision, setting, and any statutory authorization or exemption therefore matters.
Business and Professions Code section 2054 restricts using words, initials, or representations that indicate or imply a person is a physician or surgeon without a valid physician-and-surgeon certificate. It also addresses title use in a health care setting that would lead a reasonable patient to conclude the person is a licensed M.D. or D.O. The current statute contains express exceptions, including specified medical graduates and trainees, persons authorized under identified Medical Practice Act provisions, other licensed professionals using a title consistently with their governing practice act, and use of “doctor” or “Dr.” that is not connected to a false or misleading claim of entitlement to practice medicine or another professional service. Title, context, licensing status, and the statutory exceptions must be analyzed before treating a credential or advertisement as a violation.
When criminal or board scrutiny is known or reasonably anticipated, counsel may recommend a written preservation plan covering original patient records, EHR metadata and audit trails, billing and coding files, claims submissions, prescriptions, supervision and delegation records, contracts, emails, texts, marketing materials, credentialing files, and relevant personal devices. Routine deletion may need to be suspended. Records should not be backdated, recreated, selectively deleted, or “cleaned up” after the fact.
Criminal and administrative counsel should coordinate deadlines, productions, interviews, privilege issues, and factual positions so that a response in one forum does not unnecessarily prejudice the other. That coordination may include identifying the correct regulator, reviewing reporting duties, preserving exculpatory context, preparing for an investigator interview, and deciding whether and how to respond to a records request. These steps protect the integrity of the defense; they do not guarantee that a criminal inquiry or board matter will close.
By being proactive and hiring the best criminal defense attorney to handle your case, you minimize the chances that this will get out of hand and have a permanent effect on your career, professional reputation and family. Contact us now at (888) 702-8882 to schedule a confidential and free legal consultation or complete the confidential and secure contact form.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
The last modified date shows when this page was most recently reviewed.
schedule a free confidential consultation
