If Unprofessional Conduct Is Charged by the California Board of Medical Quality Assurance

摘要

The right of a physician to practice his or her chosen profession must be balanced against the right of the public to be protected from unprofessional conduct by physicians. By providing notice and a hearing before imposing discipline, if any, on a physician for unprofessional conduct, the California Board of Medical Quality Assurance meets the basic requirements of procedural due process. However, although the constitutional rights of the physician may be protected in this way, the administrative disciplinary process itself is likely to be an arduous experience. A basic understanding of the nature and legal effect of such disciplinary proceedings may assist a physician in defending against the charges.