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Sacramento California Professional License Defense Blog

Take the right approach to California administrative hearings

Insurance agents, realtors and other professionals licensed in California are subject to the state's administrative process. Those who receive notice of an administrative complaint may request a hearing through the Office of Administrative Hearings (OAH).

The first thing we want you to know is that this hearing is a formal legal proceeding, which means that you need to take a serious approach to the process. Choosing to look upon an administrative hearing as a casual event can place your license in serious jeopardy. In the aftermath, building a professional license defense may help you get your career back on track, but it is always better to protect your license before you lose it.

How is it possible to practice nursing without a license?

Unbelievably, many nurses in California have been caught practicing nursing without a license. How could something like this even happen in today's world where proper credentials are so important? The reasons are many and varied, which the following sections will show.

In somewhat rare cases, people practicing as a nurse never acquired a license in the first place. They may have charged people money for a professional nurse's opinion or tried to dispense medication. Regardless of how much an individual has learned about nursing, it is illegal to practice without a license. For these individuals, there is little chance that a nursing license defense will save them from severe legal consequences.

Physician license in jeopardy for selling audio remedies online

A California doctor may need immediate professional license defense strategies to avoid losing his license. The physician sells controversial remedies over the internet and the Medical Board of California has taken notice, according to news reports.

The doctor, who is accused of "gross negligence and repeated negligence," reportedly sells what is called "eRemedies" over his website. These cures consist of simple MP3 audio files that patients can download to their personal devices. The doctor's website states that these technological remedies are based on homeopathic principles.

Professional license defense: Dealing with background checks

If you are in the process of acquiring a professional license in California, you will likely have to submit to a background check of some kind. Industries require these checks to ensure that applicants are eligible to hold a professional license and do not have an unfavorable history. These screenings have become more common in recent years as employers and professional boards seek to minimize risk.

Background checks can cause a lot of anxiety in license applicants -- even those who have a spotless history. This anxiety comes from not understanding exactly what a screening might reveal. Learning more about the background check process can alert you to any problems that may surface during a screening. In turn, brainstorming these potential problem areas with a legal professional can lead to previously unconsidered solutions.

How do I prepare for my hearing before the OAH?

If you are a professional person such as a doctor, nurse, pharmacist, etc. who is duly licensed to practice your profession in California, you know how important your license is. It is your only means of earning your living doing the work you love and for which you are highly trained. Should your licensing agency discipline you or revoke your license for an alleged infraction, you can appeal its decision by requesting a hearing before the Office of Administrative Hearings.

The OAH is the special administrative court that hears virtually all licensing disputes. It is different from other courts, however, in that it is a California agency that other state agencies such as licensing boards hire to hear their cases. Nevertheless, it is a true court. The judge is impartial and hears oral testimony from witnesses, receives and reviews evidence such as exhibits, listens to closing arguments and then makes his or her decision just as any other judge does. And just like any other litigant, you can appeal the judge’s ruling if you do not agree with it.

Diversion as an alternative to disciplinary action

Drug and alcohol abuse impact people in all professions, and nurses are certainly no exception. In fact, because of the innate stress of their jobs and the easy access to prescription drugs, nurses — like other health care professionals — can be more prone to develop addictions than people in the general population.

Nurses with substance abuse issues aren't just a danger to themselves — they can endanger their patients. That's why they can lose their nursing licenses due to untreated substance abuse problems.

Story shows how fraud allegations can threaten a medical license

A medical professional's duty goes beyond providing health care, therapy or treatments. These individuals are expected to maintain professionalism in all situations. Most people would agree that engaging in health care fraud is a clear example of nonprofessional behavior. Such actions not only threaten careers, they can also defy even the best efforts to establish a professional license defense.

To sum it up succinctly, people strongly dislike being cheated, tricked or taken advantage of, which is why the public's response to accusations of medical or insurance fraud is so strong. One California doctor is just learning the true ramifications of his involvement in fraudulent activities. He is the fourth in a string of physicians that have faced license-related disciplinary actions following a conviction on insurance fraud.

Medical spa: Ignorance is not a good professional license defense

A relatively new form of medical care is taking California by storm -- the medical spa. These popular businesses provide clients with the ultimate in cosmetic-centered treatments and procedures, all in a relaxing environment.

Medical spas are like day spas except that they offer procedures prohibited in a day spa. Examples include chemical peels, Botox and other injections and laser treatments. Because these spas provide a form of medical care, the state medical board governs them. This means that an infraction of the rules can threaten the license of the owner or physician.

What constitutes actionable unprofessional nurse conduct?

The range of actions and behavior that could threaten a professional license routinely surprises nurses working in California. It can be disheartening to feel like you are always in the middle of planning a nursing license defense.

Complacency can strike at any moment and cause you to lapse into potentially license-threatening behaviors that seem harmless to you. In most cases, a strong nursing license defense can save your license, but it is always better to avoid any negative attention from the state administrative board.

How can you acquire and maintain a private investigator license?

Most people believe it is difficult to become a licensed private investigator in the state of California. Assuming you have the right disposition to investigate sensitive issues, it may be easier than you think to acquire a license.

Knowing what it takes before you pursue this occupation can aid in your goals and help you maintain your license once you meet the following general requirements:

  • Be 18-years-old or older
  • Undergo and clear a criminal history evaluation
  • Pass a written examination
  • Three years (totaling at least 6,000 hours) of experience in investigative work

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