CALL FOR CONSULTATION
(619) 237-6130
Nicole Irmer | Posted in Sexual Misconduct on May 18, 2026
In California, healthcare professionals are prohibited from engaging in sexual relationships with their patients. If they violate this ethical boundary, they could face a complaint for sexual misconduct. These allegations are treated with the highest level of scrutiny by licensing boards.
A single sexual misconduct complaint can trigger a formal investigation that puts your license, reputation, and livelihood at risk. If you are a physician, nurse, therapist, or other licensed healthcare professional, understanding the complaint and disciplinary process is key to protecting yourself. Our California professional license defense attorneys will work with you to help you achieve the best possible outcome.
At the Law Office of Nicole Irmer, our team represents healthcare professionals facing investigations and potential disciplinary action from their licensing boards. Our approach to professional license defense is multi-pronged, working to resolve cases outside of the formal disciplinary process while simultaneously preparing your case for an administrative hearing. If you are the subject of a sexual misconduct complaint, contact our law firm to schedule a confidential consultation with a California healthcare license defense lawyer.
Under California law, sexual contact, exploitation, or inappropriate relationships with patients are considered unprofessional conduct. Sexual misconduct is a broad category that includes sexual abuse, sexual activity with a patient during the course of treatment or an examination, and sexual harassment. Even if the acts were consensual, having a romantic and/or sexual relationship with a patient is considered a breach of professional ethics and boundaries.
California’s licensing boards, including the Medical Board of California and the Board of Registered Nursing, consider misconduct among the most severe forms of professional misconduct. Any type of personal relationship between a healthcare provider and patient is considered to be a serious breach of public trust (subject to a few statutory exceptions).
If a patient, family member, colleague, member of the public, or another person files a complaint alleging sexual misconduct, it could lead to severe sanctions. In some cases, an allegation of sexual misconduct can also trigger a criminal investigation in addition to potential disciplinary action by a licensing board. If you have learned that you are under investigation for possible sexual misconduct as a licensed healthcare professional, you should contact a seasoned California license defense attorney as soon as possible.
Understanding what happens after a sexual misconduct complaint is filed can put you in a better position to defend yourself. While each case is unique, all complaints related to professional misconduct involving California healthcare professionals follow the same basic pattern.
A sexual misconduct case typically begins when a complaint is submitted to the appropriate licensing board. A complaint can come from patients or former patients, family members, coworkers or employers, insurance companies, or other healthcare professionals. A referral may also be made by a law enforcement agency.
Boards receive thousands of complaints each year and review each one to determine whether it falls within their jurisdiction. Because of the seriousness of sexual misconduct allegations, these complaints are often flagged for priority review and may be escalated quickly.
After a complaint is received, it is evaluated by an internal investigatory unit. At this stage, the board will determine whether:
If the board determines that there is insufficient evidence or no violation, the complaint may be closed. However, sexual misconduct allegations are rarely dismissed without a more in-depth investigation.
If the complaint raises concerns, it is often referred for a more formal investigation. This is where the process becomes much more involved. The investigation may include:
You will typically be notified of the complaint and asked to respond. You should not submit any written statement or agree to an interview until you have talked to an attorney. Anything that you say could be used against you in a disciplinary matter and/or in potential criminal charges.
In some cases, especially those involving serious or ongoing risk, the board may take interim action before the investigation is complete. This could include an interim suspension order, practice restrictions, or monitoring requirements. These actions are not automatic, but are more likely when patient safety is at issue.
After reviewing the evidence, the board will decide whether disciplinary action may be warranted. Possible outcomes include:
If the case proceeds, the Attorney General will file an accusation outlining the allegations and alleged violations. At this point, you are officially facing disciplinary charges. You must respond within a strict deadline. Failing to respond can result in a default decision, which means that the board may impose discipline without your input.
A California healthcare license defense attorney may be able to negotiate a stipulated settlement, which may result in a more favorable outcome, especially when there is evidence of mitigation or rehabilitation.
However, you do have the right to a hearing. At an administrative hearing, evidence and arguments will be presented by both sides, and witnesses may testify. When the hearing is concluded, the Administrative Law Judge (ALJ) will issue a proposed decision. The board will then review the decision and make a final determination.
If the board finds that sexual misconduct occurred, the penalties can be severe. Possible disciplinary actions include:
In California, if allegations of sexual misconduct are proven, it could result in a lengthy suspension or even license revocation (depending on the severity of the conduct). Disciplinary actions are also public, which can significantly impact your professional reputation and future employment.
You should also be aware that some sexual misconduct allegations may be referred for criminal prosecution. This type of conduct can also be the basis for civil lawsuits. Having skilled legal counsel during the initial investigation can help to protect your rights in disciplinary matters and any civil or criminal cases that may result.
A sexual misconduct complaint against your California healthcare license is not something to take lightly. Even unproven allegations can lead to lengthy investigations, reputational damage, and significant stress. Understanding what to expect and what steps to take early in the process can protect both your license and your future.
The Law Office of Nicole Irmer represents healthcare professionals throughout California who are dealing with all types of allegations, including sexual misconduct. With experience in criminal defense as well as professional licensing, we can handle even the most complex cases of sexual misconduct. We will work tirelessly to protect your license, your livelihood, and your freedom.
If you are dealing with a complaint or disciplinary issue involving allegations of sexual misconduct, please contact our office at (619) 237-6130 to discuss your situation with an experienced professional licensing defense attorney.