Administrative Law Topics: Statute of Limitations

Yes: Business and Professions Code section 2230.5 requires that any Medical Board accusation be filed within three (3) years after the Board discovers the act or omission that forms the grounds for discipline against a physician, or within seven (7) years after the alleged act or omission actually occurred (whichever occurs first.

The Respiratory Care Board is one of the few California licensing agencies subject to a statute of limitations. The statute is Business and Professions Code section 3750.51. In general, the Respiratory Care Board must file an Accusation within three years from the date the Board discovers the alleged act or omission that is the basis for disciplinary action, or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first.