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Nicole Irmer | Posted in Licensing Defense,News on September 30, 2025
In California, healthcare professionals are licensed through state agencies, such as the Medical Board of California (MBC) and the California Board of Registered Nursing (BRN). These boards are responsible for licensing medical professionals as well as regulating practice within the state. This includes enforcing the laws and regulations that apply to doctors, dentists, nurses, therapists, and other healthcare providers.
These boards have the authority to reject an applicant for licensure or impose discipline on a licensee for a range of potential issues, including criminal charges. For more serious felony charges and/or convictions that are substantially related to your practice, a licensing board can pursue disciplinary action. The potential discipline can range from a reprimand to a full revocation of a license.
At the Law Office of Nicole Irmer, we provide compassionate, skilled legal representation to healthcare professionals throughout California. We also represent clients facing criminal charges, which allows us to provide comprehensive services to healthcare providers facing both disciplinary action and criminal prosecution. To learn more or to schedule a consultation with a San Diego healthcare license defense attorney, reach out to our law firm today.
In California, healthcare professionals are subject to regulation through their licensing board and the Business and Professions Code (BPC). There is a range of potential issues that can trigger disciplinary action, such as gross negligence or professional misconduct. In addition, a conviction for certain crimes can also lead to disciplinary action.
Generally, a licensing board will impose discipline for conviction of a crime that is “substantially related” to a healthcare professional’s “qualifications, functions, and duties.” While many people might believe that this rule only applies to crimes that are directly linked to a healthcare professional’s job (such as writing fraudulent prescriptions), that is not the case.
California’s licensing boards can impose discipline for a wide range of alleged criminal conduct, including:
Typically, discipline is imposed after a licensee is convicted of a crime. Licensees are usually required to report any conviction, including infractions, misdemeanors, and felonies, to their Board. In many cases, the licensing board will already be aware of an arrest and/or conviction due to a referral from a law enforcement agency. Licensees are still required to report a conviction to their board.
Some licensing boards, such as the Medical Board of California, also require licensees to report arrests. Specifically, licensees may be required to report to their board if they are charged with a felony crime. Felonies include any charge with a potential punishment of incarceration of 1 year or more. Failure to report a felony arrest (if required) or a conviction can also be the basis for disciplinary action.
If you are a healthcare professional in California and have been charged with or convicted of a crime, your best course of action is to consult with a skilled California license defense lawyer. Our team will analyze your case and help you determine your obligations. We will also work with you to develop a proactive strategy to defend against the criminal charges and any related disciplinary matters.
A licensing board will typically receive information about a criminal charge or conviction from a law enforcement agency or directly from a licensee. Once the board receives this information, it will begin its own investigation to determine if a potential violation of the BPC occurred. Board investigators may contact the licensee, seek out records from law enforcement, and otherwise attempt to uncover evidence related to the criminal charge or conviction.
If the Board investigators find evidence of a violation that may warrant disciplinary action, then the case will be referred to the Office of the Attorney General. If the Attorney General believes that the BPC was violated, then the office will file a formal Accusation. This document is like a charging document that lays out the alleged violations and the basis for disciplinary action.
If the Attorney General believes a licensee poses an immediate risk to public safety, it can ask the criminal court under Penal Code § 23 to restrict or suspend the license while the criminal case is pending. Separately, the Deputy Attorney General may petition the licensing board for an Interim Suspension Order (ISO), which can also halt the licensee’s ability to work before any conviction. Our office can guide you through this process and fight to safeguard your ability to continue practicing.
Additionally, a licensing board may take disciplinary action for a felony or a misdemeanor conviction that is “substantially related to” a licensee’s practice. A board may also impose discipline for failure to report an arrest (if required) and/or conviction. The board will consider all facts related to the conviction, such as:
A misdemeanor or felony conviction could lead to discipline. This may include:
Additionally, if you are seeking licensure, then a criminal record could potentially impact your ability to obtain a license. For current licensees, any discipline that is imposed will be in addition to any consequences that may arise from a criminal conviction.
A felony charge and/or conviction can not only lead to potential prison time, but it may also affect your license as a healthcare provider in the state of California. If you are charged with a crime as a healthcare professional, it is important to reach out to an experienced healthcare license defense attorney as soon as possible.
Do not speak to the police or to a Board investigator without a lawyer present. Anything that you say to a law enforcement officer or to a Board investigator could be used against you in a criminal case and/or a disciplinary matter. Your first call should always be to a healthcare license defense lawyer with experience in criminal defense.
Our law office takes a proactive approach to license defense. During an initial consultation, we will advise you of your rights and obligations. We can assist you with making a disclosure to your licensing board, if necessary. We can also represent you in both criminal and disciplinary matters.
Whenever possible, we attempt to resolve disciplinary matters informally, before an Accusation is filed. This increases the likelihood of informal discipline, such as a citation and fine, or a public reprimand. We will gather evidence and work with the Board investigators in an attempt to convince them to resolve the case without filing a formal Accusation.
If an Accusation is filed, we will pursue the most favorable resolution possible, including a stipulated settlement where appropriate. We will present evidence to challenge the allegations directly, and, when necessary, highlight mitigating factors and rehabilitation efforts. We also guide you on proactive steps you can take to strengthen your case and improve the chances of a positive outcome.
Being charged with a criminal offense can be scary, particularly when it can also affect your professional license. Our law firm can work with you to help you achieve the best possible outcome for the charges against you, both in criminal court and before your licensing board.
If you have been charged with or convicted of a felony as a California healthcare provider, you might also be facing disciplinary action from your licensing board. If the charge or conviction is substantially related to your practice, it could be the basis for a license suspension or even revocation. Our law firm will advocate for you and help you resolve the matter favorably.
At the Law Office of Nicole Irmer, we offer skilled, compassionate legal representation to healthcare professionals throughout California. We understand that facing both criminal charges and disciplinary action can be overwhelming. Our team is here to help. To learn more or to schedule a confidential consultation, give us a call at (619) 237-6130 or click here to schedule a consultation.
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