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• Complaints/Investigations
• Complaint: General Office Practices/Protocols
• Complaint: Internet Prescribing
• Complaint: Medical Records
• Complaint: Physician Credentials/Practice Specialties
• Complaint: Public Disclosure
• Complaint: Review Process

Complaints/Investigations

Your complaint is being referred for investigation because the Board believes there may be evidence to show that a violation of the law has occurred. If proven, the violation may warrant some kind of disciplinary measure.

In general, any complaint that would warrant disciplinary action if substantiated (e.g., sexual misconduct, gross negligence and/or incompetence, etc.) is referred for investigation. Other kinds of complaints may also require a formal investigation. These include physician impairment, unprofessional conduct and unlicensed practice issues.

Complaints are referred to the Department of Consumer Affairs (DCA), Division of Investigation’s field office closest to the area of the state where the incident occurred. The supervising investigator reviews the case and assigns it to an investigator. The investigator determines the proper investigative steps required to thoroughly investigate the complaint.

Complaints alleging negligence that involve patient death or serious bodily injury are given the highest priority. In addition, complaints alleging physician impairment, sexual misconduct or complaints which present immediate concern about patient harm, i.e., injury or death, are considered “high priority cases” and are given priority handling. Investigators are peace officers and have the authority to pursue criminal and administrative violations of the law.

The Board considers all complaints important. Many complaints, however, present an immediate threat to public safety and must be given priority. The investigation of your complaint will be conducted in as timely a manner as possible. You will be contacted once the complaint has been assigned to an investigator and the investigative process has begun. Additional information should be held until that time; however, the Board should be notified in writing of any address and telephone number changes.

Investigative steps may include, but are not limited to the following:

• Obtaining medical records or other information/evidence
• Locating and interviewing the complainant, any witnesses, and the physician
• Obtaining expert review of the case
• Drafting and serving investigational subpoenas
• Inspecting the location where the allegations occurred
• Executing search warrants
• Conducting undercover operations

In general, after information is collected and compiled and the complainant has been interviewed, the investigator, and perhaps the supervisor or a medical consultant, interviews the physician to discuss the details of the complaint and ask questions.

Quality of care issues are then reviewed by a medical expert. The standard of proof for administrative cases is “clear and convincing evidence to a reasonable certainty,” a much higher standard than for civil litigation cases. This can be very challenging when pursuing a complaint because administrative charges must be proven before an administrative law judge who uses this higher and more difficult standard

If the investigation does not support a violation of the law, the complaint is closed. Also, if the evidence obtained in the investigation shows a violation occurred, but the violation is insufficient to support administrative action, the case is closed and maintained on file for future reference. The investigator will notify the complainant and the physician by telephone or in writing of the disposition of the complaint.

If the investigation reveals sufficient evidence of violations of the Osteopathic Act, Medical Practice Act, or other laws that would warrant discipline against the license, the case will be referred to the Office of the Attorney General (AG), Health Quality Enforcement Section, for administrative action.

When an investigation is complete, the case is reviewed by the supervising investigator who provides a recommended action to the Board. The Board reviews the investigation and determines whether sufficient evidence exists to support sending the case to the AG’s Office for disciplinary action. If the matter warrants disciplinary action, the matter is referred to the AG’s Office. If a violation is not substantiated, the case will be closed, and the complainant will be notified.

The AG’s office determines if an accusation or petition to compel competency, psychological, or physical examination should be filed. The AG’s Office reviews the investigation information and determines what charges may be filed based on a review of the evidence obtained. Since every case is unique, the Board and the AG’s office will determine the most reasonable and appropriate action to ensure public protection. This process can be complicated and lengthy. Further questions should be directed to the assigned investigator. If the AG’s office rejects the case, it will be closed, and the complainant will be notified.

Details of the complaint and investigation remain confidential and are not public record; however, the complaint must be discussed with the physician.

From time to time, patients express concern about the potential for a lawsuit resulting from the initiation and/or participation in an investigation. Civil Code Section 47 provides some protections against a lawsuit, and this issue can be further discussed with the assigned investigator. A copy of this section of law can be obtained from your local library or on the Internet at leginfo.legislature.ca.gov.

Cerritos: 562-402-4668 Concord: 925-822-0186 Fresno: 559-447-3050 Glendale: 818-551-2117 Rancho Cucamonga: 909-476-7146 Sacramento: 916-263-2585 San Bernardino: 909-383-4755 San Diego: 858-467-6830 San Dimas: 909-421-5800 San Jose: 408-437-3680 Tustin: 714-247-2126 Valencia: 661-295-3397

Complaint: General Office Practices/Protocols

No. California law does not require physicians to have a male or female chaperone; however, if having a chaperone or assistant in the exam room makes the patient feel more comfortable and at ease, then the physician should accommodate the patient's request if possible or allow a friend or relative to accompany the patient.

Yes, the physician can choose to not accept a new patient who does not want to sign the Arbitration Agreement.

No. A physician has a right to determine whom to accept as a patient, just as a patient has the right to choose their physician. However, B&P Code Section 125.6 (and Civil Code 51) does not allow a physician to discriminate against a prospective patient on the basis of race, gender, disability, sexual orientation, citizenship or marital status. A physician also may terminate a patient without cause as long as the termination is handled appropriately.

There are no specific laws governing a physician's responsibility in regard to filling out forms or providing reports. Physicians can choose not to complete discretionary paperwork if, in their medical opinion, the services/equipment is not medically indicated. Patients requesting completion of applications for disability benefits, FMLA, and/or work restrictions may contact their treating physician for assistance. Patients should contact their attorney if one is involved, or the disability or Workers' Compensation program, requesting the information as they may have specific rules and/or laws regarding the timely filing of forms/reports. They also may have alternatives that the patient can use if the physician won't cooperate. The Medical Practice Act does not preclude the physician from charging for this service.

A physician only is required to carry liability insurance in an outpatient surgery setting pursuant to Business and Professions Code section 2216.2. However, a physician must follow the reporting requirements cited in Business and Professions Code section 801.01 in regard to lawsuit settlements and arbitration awards.

Yes, but the physician needs to follow appropriate guidelines. See California Medical Association (CMA) guidelines in regard to terminating the doctor/patient relationship. The CMA guidelines indicate a physician must notify the patient in writing informing the patient:

1. the last day the physician will provide care, assuring the patient at least 15 days of emergency treatment and prescriptions before discontinuing service;
2. alternative sources of medical care; i.e., referral to another physician, the patient's insurer/HMO, or the local county's medical society; and
3. information necessary to obtain the patient's medical records compiled during this physician's care.

No. While there is no law mandating a physician provide "back up or cross covering" care when he/she is unavailable, most physicians do have emergency coverage available when they are unavailable, whether it be with another physician or directing the patient to Urgent Care or to a hospital's emergency department.

There is no general law requiring a physician to maintain medical records for a specific period of time. However, there are situations or government health plans that require a provider/physician to maintain their records for a certain period of time. Several laws specify a three-year retention period: Welfare and Institutions Code section 14124.1 (which relates to Medi-Cal patients), Health and Safety Code section 1797.98(e) (for services reimbursed by Emergency Medical Services Fund), and Health and Safety Code section 11191 (when a physician prescribes, dispenses or administers a Schedule II controlled substance). The Knox-Keene Act requires that HMO medical records be maintained a minimum of two years to ensure that compliance with the act can be validated by the Department of Corporations. In Workers' Compensation Cases, qualified medical evaluators must maintain medical-legal reports for five years. Health and Safety Code section 123145 indicates that providers who are licensed under section 1205 as a medical clinic shall preserve the records for seven years. However, there is no general statute which relates to all other types of medical records.

You may contact the Department of Vital Statistics at (916) 445-1719 to obtain a copy of a death certificate.

The Board receives and investigates a number of complaints about physician prescribing concerns which are sent by someone other than the patient. These complaints can be difficult to investigate when the patient does not consent to allow the Board to evaluate the care and treatment. It is very helpful in these situations if the Board is provided with as much information as possible, including but not limited to, the patient’s name, patient’s date of birth, what specific medication(s) is/are being prescribed and the quantity and frequency. Sometimes this information can be obtained from the pharmacy where the prescriptions are filled. The Board will try to validate the information and in the event that sufficient evidence is available to support a possible violation of the law, an investigational subpoena will be issued for the patient's medical records.

The Board has very limited jurisdiction over independent evaluation reports. The role of the evaluator is to provide an "independent opinion" of the individual's condition after 1) examining the patient and/or 2) reviewing the records of the treatment obtained by the other treating physicians involved in the patient's care. The Board will normally recommend that disability patients pursue an appeal through the disability insurance company.

Worker's compensation independent (IME) and qualified medical examiner (QME) evaluations are governed by the Medical Unit of the Division of Workers' Compensation. This state agency is responsible for regulating the conduct of IMEs and QMEs in workers' compensation cases, and may be able to advise you on other workers' compensation-related issues. You may contact them at DWC - Medical Unit P.O. Box 71010, Oakland, CA 94612 or by telephone at 510-286-3700 or 800-794-6900.

No, the Board does not provide referrals to physicians. You can contact your local medical association for referrals in various medical specialties or your individual insurance plan or HMO. To locate the medical association/society in your area you can log onto the California Medical Association's website at cmadocs.org/partners.

There is no law which specifically prohibits a physician from evaluating, diagnosing, treating, or prescribing controlled substances to a family member, employee or friend. However, the practice is discouraged. There are laws to consider when assessing any prescribing issues which include, but are not limited to: 1) a physician cannot prescribe without an appropriate prior exam and a medical indication for the prescription, and 2) an adequate and accurate medical record relating to the provision of services to the patient and documenting the medical need for the prescription must be created and maintained by the physician. Basically, a physician must follow the same practice/protocol for any patient in which medications are prescribed.

Business and Professions Code section 726 states that sexual abuse, misconduct or relations with a patient are considered unprofessional conduct and grounds for disciplinary action. The Board considers any type of personal relationship between the doctor and the patient to be a very serious breach of public trust and investigates these complaints. Please refer to "Complaints: Investigations" which provides general information about complaint investigations.

The fact that the personal relationship between the physician and the patient at some point was consensual does not negate the fact that the physician breached professional ethics and boundaries, and possibly broke the law, by initiating a personal relationship with a patient. Filing a complaint with the Board would be strongly encouraged so the issue could be investigated in the event that other complaints with similar allegations had been reported.

No. Children from the age of 12-17 have the authority to "consent" to some types of treatment without the permission of their parent or guardian. The physician is obligated to maintain the doctor/patient confidentiality, particularly when the physician feels that the disclosure of the information will have a negative impact on the relationship with the patient. HIPAA also prevents the disclosure of doctor/patient information to the parent. i.e., treatment related to the prevention of sexually transmitted diseases.

Health and Safety Code section 123148 requires the health care professional who requested the test be performed to provide a copy of the results to the patient, if requested either orally or in writing. When the patient requests their lab results, the health care provider should provide the results to the patient within a "reasonable" time period after the results are received by the provider. Results may be disclosed in electronic form if requested by the patient and if deemed most appropriate by the health care professional who requested the test. In the event that the provider arranges for the test results to be provided by Internet posting or other electronic manner, the results shall be disclosed to a patient in a reasonable time period, but only after the results have been reviewed by the provider. Depending on the results of the tests, some physicians may want the patient to schedule an appointment to review and discuss the results and any follow-up testing or treatment that might be required. The test results cannot be released by the lab performing the test and must be released by the provider requesting the test(s).

Complaint: Internet Prescribing

No, so long as the use of telehealth meets the standard of care, and complies with the law under Business and Professions Code section 2290.5. This statute describes telehealth as the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communication."

Business and Professions Code section 2242 states that, with very limited exceptions, prescription drugs must be prescribed by a physician after an appropriate examination has been performed and a medical indication for the prescription has been determined. Moreover, Business and Professions Code section 2242.1 prohibits individuals from prescribing, dispensing, or furnishing dangerous drugs on the internet without an appropriate prior examination and medical indication, unless an exemption authorized by section 2242 applies. Ordering drugs from the internet without a valid prescription is potentially dangerous, and may violate state and federal laws.

Complaint: Medical Records

You can make a written request to either review or obtain a copy of your medical records pursuant to Health and Safety Code sections 123100 through 123149.5. You can view these laws on the California Legislative Information website.

Yes, pursuant to Health & Safety Code section 123110, a doctor can charge 25 cents per page plus a reasonable clerical fee. For diagnostic films, such as an x-ray, MRI, CT and PET scans, you can be charged the actual cost of copying the films. This only applies if you have made a written request for a copy of your medical records to be provided to you. Please note, the following exception: (d) (1) Notwithstanding any provision of this section, and except as provided in Sections 123115 and 123120, a patient, former patient, or the personal representative of a patient or former patient, is entitled to a copy, at no charge, of the relevant portion of the patient’s records, upon presenting to the provider a written request, and proof that the records or supporting forms are needed to support a claim or appeal regarding eligibility for a public benefit program. These programs shall be the Medi-Cal program, the In-Home Supportive Services Program, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, social security disability insurance benefits, Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled (SSI/SSP)benefits, federal veterans service-connected compensation and nonservice connected pension disability benefits, and CalFresh.

As long as you requested your medical records in writing, to be sent directly to you (and not to anyone else, like your new doctor), the physician is required to send you a copy within specified time limits. If you are having difficulty getting your records, you can file a complaint with the Osteopathic Medical Board. Please include a copy of your written request(s). If we can substantiate the complaint, as the physician's licensing agency, the Board will take the appropriate action against the physician's license for failing to provide the records within the legal time limit.

The guidelines from the California Medical Association indicate that physicians must provide anything that they are maintaining in the medical record for you (as the patient), which includes records from other providers. So, for example, you should be able to receive a copy of a specialist's consultation report from your primary care physician, since he/she has incorporated it as a part of your medical chart. You don't need "special permission" from the specialist nor do you need to obtain this report only from the specialist.

There is no general law requiring a physician to maintain medical records for a specific period of time. However, there are situations or government health plans that require providers/physicians to maintain their records for a certain period of time. Several laws specify a three-year retention period, including Health and Safety Code (HSC) section 1797.98e (b) (for services reimbursed by Emergency Medical Services Fund), and HSC section 11191 (when a physician prescribes, dispenses or administers a Schedule II controlled substance). Welfare and Institutions Code section 14124.1 (which relates to Medi-Cal patients) specifies a ten-year retention period. The Knox-Keene Act requires that HMO medical records be maintained for a minimum of two years under Title 28 of the California Code of Regulations (CCR) section 1300.67.8(b). In Workers' Compensation Cases, qualified medical evaluators must maintain medical-legal reports for five years under Title 8 CCR section 39.5(a). HSC section 123145 indicates that providers of health services that are licensed under sections 1205, 1253, 1575, or 1726 shall preserve the records for a minimum of seven years following discharge of the patient.

If you made your request in writing for the records to be sent directly to you, the physician must provide copies to you within 15 days. The physician can charge a reasonable fee for the cost of making the copies. If the physician's office advises you that a fee will be charged for the records, the medical records do not need to be provided until the fee is paid. If the physician does not comply within the time frame you can file a written complaint with the Osteopathic Medical Board.

The beneficiary or personal representative of a deceased patient has a full right of access to the deceased person’s medical records under the same requirements that would apply to requests from the patient himself or herself. (Health & Safety Code 123110, 123105(e).)

The Osteopathic Medical Board may take any action against the physician which is appropriate for failing to provide the records within the legal time limit. This can range from making sure that the doctor actually does provide you the copy you requested, to a citation and fine or disciplinary action against the physician's medical license.

The patient, including minors, can write an "Addendum" to be placed in their medical file. The original information will not be removed, but the new information, signed and dated by the patient, will be placed in the file. Health and Safety Code section 123111 states that a patient "shall have the right to provide to the health care provider a written addendum with respect to any item or statement in their records that the patient believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item in the patient's record and shall clearly indicate in writing that the patient wishes the addendum to be made a part of their record. The health care provider shall attach the addendum to the patient's records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patient's records to any third party."

No, they do not belong to the patient. Medical records are the property of the medical provider (or facility) that prepares them. This includes films and tracings from diagnostic imaging procedures such as x-ray, CT, PET, MRI, ultrasound, etc. The patient has a right to view the originals, and to obtain copies under Health and Safety Code sections 123100 - 123149.5.

No, just like any other medical records, diagnostic films and tracings belong to the physician's office or facility where they were made. The fees you paid for the x-rays or other diagnostic imaging were for the expertise, equipment, and supplies to take the images and diagnose them. You have a right to obtain copies of your films if you make a written request that they be provided directly to you and not to anyone else. The physician can charge you the actual cost of making the copies of the films.

There is no central "repository" for medical records. If a physician moves, retires, or passes away, sometimes another physician will either "buy out" or take over their practice. The "active" patients are usually notified by mail (as a courtesy), and told where to obtain their records. If you cannot locate the physician, you may want to contact your local county medical society to see if they have any information about the physician's practice (e.g., did someone else take over the practice?). You may click here to find your local medical society.

Additionally, you can go on the Board's website's profile under license lookup, to obtain the physician's address of record for their license. Write to the doctor at that address, even if the doctor has died, and request that a copy of your records be sent to you. If the address has a forwarding order on it, your letter will be forwarded to the doctor's new address. The doctor has 15 days from the time your letter is received to send you a copy of your records, if the records are still available.

If the doctor died and did not transfer the practice to someone else, you might have to check your local Probate Court to see whether the doctor has an executor for their estate. You could then contact the executor to see if you can get a copy of the records. Depending on how much time has passed, whoever is appointed as the custodian of records can have the records destroyed.

Transferring records between providers is considered a "professional courtesy" and is not covered by law. Most physicians do not charge a fee for transferring records, but the law does not govern this practice so there is nothing to preclude them from charging a copying fee. There is also no time limit on transferring records. You might wish to contact your local medical society to see if it has developed any guidelines on medical record transfer issues.

If you want to ensure that your new doctor receives a copy of your medical records from your previous doctor, you can write your previous doctor requesting that a copy of your medical records be sent directly to you. When you receive your records, you can provide a copy of those records to any provider you choose. If you select this method, the doctor must provide the records within 15 days of receipt of your request.

Most physicians do not charge a fee for transferring records, but the law does not govern this practice so there is nothing to preclude them from charging a copying or transfer fee. There is also no time limit for record transfers, or no penalty for failure to transfer the records, since this is a professional courtesy. You might wish to contact your local medical society to see if it has developed any guidelines on record transfer issues.

Health and Safety Code section 123148 requires the health care professional who requested the test be performed to provide a copy of the results to the patient, if requested either orally or in writing, except the results may be disclosed in electronic form if requested by the patient and if deemed most appropriate by the health care professional who requested the test. When the patient requests their lab results, the health care provider should provide the results to the patient within a "reasonable" time period after the results are received by the provider. Depending on the results of the tests, some physicians may want the patient to schedule an appointment to review and discuss the results and any follow-up testing or treatment that might be required.

Complaint: Physician Credentials/Practice Specialties

You can obtain this information by either contacting the physician’s office directly, reviewing the physician’s and/or medical group’s website, or by contacting the local medical society if the physician is a member. You may click here to find your local medical society. Most physicians have a practice specialty, which is the area of medicine they have received additional training in, but not all physicians have medical specialty certification. Medical specialty certification is a voluntary process granted by a member board of the American Board of Medical Specialties (ABMS) or American Osteopathic Association (AOA), a private organization, or other equivalent board. Board certification is not required by the Osteopathic Medical Board for a physician to practice.

There is no current law that requires that a physician be "board certified." However, unless physicians are certified by a specialty board as defined by law, physicians are prohibited from using the term "board certified" in their advertisements. The law does not, however, prohibit the advertising of specialization regardless of board certification status, nor does it prohibit the use of "diplomat, member, approved by," or any other term that is subject to interpretation by prospective patients.

Business and Professions Code §651(h)(5)(A) & (B) prohibits physicians from advertising that they are board certified unless they are certified by one of the following: a member board of the American Board of Medical Specialties, a specialty board with the Accreditation Council for Graduate Medical Education accredited postgraduate training program, or a specialty board approved by the Osteopathic Medical Board of California's Licensing Program as equivalent.

Medical specialty certification is a voluntary process granted by a member board of the American Board of Medical Specialties (ABMS) or American Osteopathic Association (AOA), a private organization, or other equivalent board. Board certification is not required by the Osteopathic Medical Board for a physician to practice; however, pursuant to Business and Professions Code section 651, in California physicians may not advertise that they are board certified unless they have been certified by an ABMS Member Board/AOA or an equivalent board recognized by the Osteopathic Medical Board of California. The Medical Board has approved the following specialty boards: American Board of Facial and Plastic Reconstructive Surgery; American Board of Pain Medicine; American Board of Sleep Medicine; and the American Board of Spine Surgery.

Please use the links below to access the ABMS website and other boards recognized by the Osteopathic Medical Board of California and learn more about board certification and whether your doctor is board certified.

• American Board of Medical Specialties
• American Board of Facial Plastic and Reconstructive Surgery
• American Board of Pain Medicine
• American Board of Sleep Medicine
• American Board of Spine Surgery

You may obtain information about a physician from the Osteopathic Medical Board of California by calling (916) 928-8390, or by viewing a physician's profile through the BreEZe Online License Lookup.

You may check your doctor's profile through the BreEZe Online License Lookup. Complaints are confidential in California. However, disciplinary action against a licensee is public.

You may contact the Federation of State Medical Boards (FSMB) located in Euless, TX, at (817) 868-4000 or click here for FSMB State Medical Board Directory.

Complaint: Public Disclosure

Complaints are not public information since they are just allegations; if a complaint results in discipline, that action is public. To determine if a physician has been disciplined, view their profile through the Breeze Online License Lookup.

The Board can issue two types of public reprimands. A public reprimand can be issued by the Licensing Program to an applicant for a minor violation that does not require probationary status or warrant denial of the license. The reprimands issued by the Licensing Program are considered non-disciplinary and are issued to the physician when the license is granted.

After a physician is licensed, a public reprimand can be issued for minor violations of law in lieu of the filing of formal charges (i.e., an accusation). A public reprimand issued for a violation of law is considered a lesser form of discipline.

This means that the Board took administrative action against a physician and required that he/she fulfill some terms and conditions (or monitoring) for a period of time. The notation "probation completed" means the physician completed the terms and conditions and has been released from the probation. You may obtain the documents describing the action taken against the physician from our website. The documents outline all of the terms and conditions that the Board imposed on the licensee and describe the reasons for that action.

Sections 803.1 and 2027 of the Business & Professions Code identify what information the Board is authorized to disclose to the public. If you would like to review these sections of law, they are available on the California Legislative Information website.

The Citation and Fine Program is an alternative method by which the Osteopathic Medical Board can impose a sanction and take an administrative action against a licensed or unlicensed individual found in violation of a law or regulation governing the practice of medicine. The Board has authority to issue citations and fines to physicians and allied health licensees for specified violations of law. Citations are not discipline, although they are public record. A copy of the citation is a public record and is posted on the website, and must be provided to the public for ten years (10) from the date of resolution.

When you search for a physician through the BreEZe Online License Lookup, the physician's "profile" will show medical malpractice judgments and arbitration awards of any amount reported to the Board since 1993. However, malpractice cases that result in settlement are not reflected unless specific criteria are met (see Physician License Lookup - Public Disclosure). You also can check with the county courthouse to research whether civil lawsuits for medical malpractice have been filed against a doctor.

Complaint: Review Process

When the Board receives your complaint, it will be entered into our internal database which will generate a "case number.” If your complaint is not within the jurisdiction of the Board, it will be referred to the appropriate agency and you will be notified by mail. If the complaint appears to be within the Board's jurisdiction, an acknowledgment letter will be sent advising you that the Board has received your complaint. A Board analyst reviews the complaint and gathers all the necessary information for evaluation. You may be contacted if the analyst determines that more information or clarification is needed to process your complaint. For example, you may be asked to sign an “Authorization for Release of Medical Information,” if one was not included or if additional releases are needed. To avoid delay, it is important to sign and return the release form(s) and provide any requested information as soon as possible.

There is no specific time frame in which complaints are handled. Once a complaint is received, it will be reviewed by an analyst. The analyst will gather the necessary information to evaluate the complaint. Depending on the complexity of the complaint, it may take several months to review and/or resolve.

The "source" of the complaint information (the complainant) is confidential and is not disclosed by the Osteopathic Medical Board. However, if the complaint deals with your care and treatment, the Board's staff will request a copy of your medical records so the physician involved knows that a complaint has been filed regarding your treatment. He/she will not be told who filed the complaint.

The Board cannot intervene or alter a physician's medical care while he/she is providing treatment. You might wish to consult with another physician or, if possible, change doctors.

The Osteopathic Medical Board of California is charged with ensuring that physicians are practicing medicine within "the standard of practice in the medical community." The Board's authority is limited to pursuing administrative action against the physician's license to practice medicine (e.g., suspension, revocation, issuing citations for some violations of law and requiring probation or monitoring). The Osteopathic Medical Board cannot assist you in pursuing civil litigation against the physician for "malpractice." The Osteopathic Medical Board cannot share any of the information, records or reports gathered during the course of its review or investigation with the patient or family members.

This concern can be investigated by the Board. However, to investigate a physician's care/treatment, the Board needs information on a patient or patients. The Board can't assess the "quality" of care without focusing on a particular patient, as the Board has no authority to audit or review a physician's medical records without patient consent (or a subpoena which needs to be specific to a patient). If you have any information which you think would be helpful or if you know of any patients who are willing to cooperate with our investigation, please feel free to contact the Board at (916) 928-8390 or file a complaint with the Board.

A complaint can be filed anonymously; however, the Board has a difficult time investigating these complaints. If the Board is unable to obtain documentation or evidence of the complaint allegations, the complaint may not be able to be pursued and the complainant will not receive updates regarding the complaint.

Under California law, the following information is confidential and NOT public:

• Complaints made to the Osteopathic Medical Board of California
• Investigations conducted by the Osteopathic Medical Board of California
• Misdemeanor convictions that occurred after January 1, 2007 and did not result in an accusation or disciplinary action being filed by the Board
• Some medical malpractice information, e.g., pending or dismissed cases. This information may be available at the local county courthouse in the "Civil Index."

Yes, please go to our file a complaint page.

Pursuant to Business and Professions Code section 2230.5, Board must file an Accusation (formal charges against a physician’s license) within three (3) years of the date the Board is first notified of the act or omission alleged as the ground for disciplinary action or seven (7) years from the date of the incident, whichever occurs first. If a complaint is filed just before the seven-year time limit, the Board may not pursue the case because there won't be enough time to obtain all the documents and have them reviewed before the seven-year statute of limitations expires. There are several exceptions to the statute of limitations including complaints involving sexual misconduct and care and treatment provided to a minor.

By connecting you to the staff person assigned to your complaint, the case file will be readily available and the staff person will have the most recent information about the complaint status.

The Board cannot assist consumers in obtaining medical care or financial compensation for medical malpractice.

The Board does not provide physician referrals. You may contact your local medical society in your area for assistance. If you need assistance finding your local medical society, click local medical society.

The Osteopathic Medical Board of California is not a "medical service" provider. You may wish to look in your local yellow pages under Community Services for Seniors or contact the Department of Aging at 800-510-2020 (in California) or 800-677-1116 (outside California).

There is no mandatory reporting requirement in the Medical Practice Act to report a colleague for possible impairment. However, as the Board's mission is to provide patient protection, the Board clearly is concerned about physicians who potentially present a danger to their patients. Reporting an impaired colleague to the Medical Board will allow the Board to ensure adequate protections are in place so the public will not be harmed by a colleague who requires assistance.