Healthcare license defense for medical professionals in California

Healthcare License Defense for Medical Professionals in California

If you are a doctor, registered nurse, pharmacist or other medical professional in California and you are facing an investigation or other issues that involve your license attorney Nathan Mubasher can help you.

Nathan Mubasher cares deeply about the time, spirit and money you have personally invested in your license, and will help you exercise your due process rights. One of the main focuses of Nathan Mubasher’s law practice is license defense for the healthcare professions.

Nathan Mubasher handles all phases of healthcare license defense in California.

Investigations by the Department of Consumer Affairs

When a licensee or applicant is alleged to have engaged in misconduct, the Department of Consumer Affairs investigators are tasked with collecting information to prepare the Board’s case.  Mr. Mubasher has intervened and has reduced or eliminated charges against an applicant or licensee when the client has sought early attorney intervention.  It is crucial a client contacts an attorney immediately after learning an investigator asks to speak with them.  Investigators are usually very nice people, but it is not their job to serve you, as you are not their client.

Application Denial and Application Assistance

If a license or application is denied or has charges filed against it, the licensee or applicant faces an Accusation or a Statement of Issues.   A “Notice of Defense” must be prepared for immediately.

Administrative Hearings

An Administrative Hearing is a Trial, with an Administrative Law Judge (ALJ), a government attorney, a court reporter, expert witnesses and exhibits.  There is no jury and unlike criminal courts where you have the right to remain silent, you must not remain silent, or that WILL be used against you.

Petitions for Reconsideration

After the hearing, a Board will convene to decide if it adopts the decision made by the Board. Even if the ALJ agrees with your position, the Board may “Non-Adopt” the ALJ’s decision and render its own decision.  Once it does so, you have a limited amount of time to ask for “Reconsideration.”  You may do so informally, but it is best to get an attorney who knows how the Boards think.   A Petition for Reconsideration denial need not even have a statement of decision or reasoning with the denial.  If you are denied a Petition for Reconsideration, you will have a very limited window in which to appeal.

Writ of Administrative Mandamus

This is performed when you have an adverse decision at the hearing level whether or not you have used a petition for reconsideration.  You will typically have about 30 days to file a Petition for a Writ of Administrative Mandamus otherwise known as a 1094.5 Writ from the date of final order.  You may also have the option of filing a General Writ of Mandate otherwise known as a 1085 Writ. You may even file both a 1094.5 and a 1085!  The Writ will be filed in superior court and the judge there will have an opportunity to review the entire record for an abuse of discretion. It is imperative to acquire the entire hearing level record in preparation for a writ. Keep in mind that even if you win the writ, and the ALJ is commanded to vacate the decision at the hearing level, the Board may STILL “Non-Adopt” the new decision!  Counsel who regularly handles board non-adoption and writ practice can evaluate the record and the filing window.

Petitions for Reinstatement

A license is never truly revoked permanently. A former licensee may Petition for Reinstatement one to three years after they lose their license, and will usually have to file a strong petition showing rehabilitation.  A new hearing under an ALJ may be heard, with opposition by the Board.  It is in your best interest to acquire counsel who is familiar with the Board’s application requirements, and who will be able to assist you to present your Petition for Reinstatement in the best light possible.

If you have received an investigation notice or a request to speak with an investigator, counsel can help evaluate the scope of the inquiry before you respond.

Contact

Call 1-800-691-2721.

CONTACT INFORMATION FOR NATHAN MUBASHER:

Law Offices of Nathan Mubasher
8583 Irvine Center Drive, Suite 35
Irvine, CA 92618
tel 1-800-691-2721 | fax 1-310-356-3660
www.mubasherlaw.com/

DISCLAIMER:

Thank you for reading. I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Please note that all the materials and information on this blog are general analyses made available for the public’s general informational purposes only. These analyses are not in any way intended to serve as specific legal advice to be applied in your particular situation. Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes, since this information would likely change based on any additional facts. Thus the transmission and receipt of information on this blog by anyone does not form or constitute an attorney-client relationship. My knowledge of laws is limited to California. Anyone receiving any information on this blog should not act upon the information provided without first obtaining the services of professional legal counsel licensed in their respective jurisdiction. Best of luck.

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