If the investigation finds evidence that the physician has violated the Medical
Practice Act and the violation warrants disciplinary action, the case is
forwarded to the Attorney General's Office for the filing of an accusation. An accusation
is a legal document that lists the charges and/or the section(s) of law alleged
to have been violated and is served on the physician.
The physician is entitled to dispute the charges at an administrative hearing.
The request for a hearing must be received within fifteen (15) days after the accusation
is served pursuant to Government Code Section 11506. The request for a hearing
may be made by delivering or mailing a "Notice of Defense" to both the Deputy Attorney
General and the Medical Board of California. The Deputy Attorney General's name,
address and telephone number appears on the front page of the accusation. The notice
to the Medical Board should be directed to the Discipline Coordination Unit, 2005
Evergreen Street, Suite 1200, Sacramento, CA 95815-3831. If a request for a hearing
(or Notice of Defense) is not received, the physician will be deemed to have waived
the right to a hearing and the Board may proceed to act on the accusation without
a hearing and may take action as provided by law.
The physician may, but need not, be represented by counsel at any or all stages
of these proceedings. The hearing is an administrative proceeding that closely resembles
a court trial and is presided over by an Administrative Law Judge. After the hearing,
the Administrative Law Judge writes a proposed decision. The proposed decision is
then sent to a panel of the Board for consideration. The members make the final decision on
disciplinary matters and can either adopt, modify, or reject the proposed decision.