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California Administrative Law News

From the California Professional License Defense Attorneys
Jan 28 2017
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Compelled Medical Exam by Licensing Board

Mental health exam ordered by Board of Registered Nursing did not infringe upon nurse’s due process or privacy rights

By Acupuncture, Audiology, Behavioral Health, Dentistry, Emergency Medical Services, Medicine, Nursing No Comments
Ophelia Lee had been licensed as a nurse for seven years when her employer, Eden Medical Center, began to doubt her mental fitness for nursing practice. Lee was examined by five mental health professionals, two of whom concluded she suffered from delusions that impaired her ability to safely function as…
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Jan 28 2017
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California Psychology Board of Behavioral Sciences Attorney Lawyer

Psychotherapy privilege not waived by answering agency questions in dependency proceeding

By Behavioral Health, Medicine No Comments
Alameda County Social Services Agency recommended termination of N.S.’s nonminor dependency status due to her failure to participate in services and her unknown location.  At a contested hearing regarding that recommended termination, both N.S. and her therapist testified that they met weekly.  When the Agency sought testimony regarding the therapist’s…
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Jan 28 2017
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Child Abuse and Neglect Reporting Act (CANRA) License Lawyer Attorney

Child Abuse and Neglect Reporting Act compelling psychotherapists to report patients’ access of child pornography is constitutional

By Behavioral Health, Medicine No Comments
Psychotherapists are mandated by the Child Abuse and Neglect Reporting Act (CANRA) to report patients who disclose they have developed or accessed child pornography. A group of psychotherapists sued government officials for declaratory and injunctive relief, asserting that AB 1775, which amended the definition of “sexual exploitation” under CANRA to…
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Apr 10 2016
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California Registered Nurse Challenges BRN License Revocation Resulting From DUI Conviction

By DUI, Nursing
California Board of Registered Nursing License Defense Lawyers Alcohol-related criminal offenses, such as driving under the influence (DUI) - sometimes known as driving while intoxicated (DWI) - account for a large number of the professional license defense cases our California Administrative Law attorneys handle for registered nurses, physicians and other…
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Apr 05 2016
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Medical Board of California Department of Consumer Affairs Attorney Lawyer Law Firm Office

Medical board may not subpoena patient’s medical records while investigating psychotherapist’s alleged sexual misconduct absent compelling justification

By Medicine No Comments
The California Medical Board, through Executive Director Kimberly Kirchmeyer, investigated Dr. Geoffrey Phillips, a licensed psychiatrist, based on an allegation that he had a sexual relationship with one of his patients, A.M.  After her therapy with Dr. Phillips ended, A.M. divorced her husband, S.M.  S.M. then filed a complaint with…
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Apr 01 2016
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california nursing medical board attorneys lawyers

Elder Abuse liability may be premised on hospital’s knowing pattern of understaffing in violation of regulations

By Medicine, Nursing No Comments
Plaintiffs’ operative complaint alleged that decedent George Fenimore, Jr., suffered from Alzheimer’s disease and dementia, was prone to wandering away from home, and had begun to suffer an increased number of falls, leading his family to admit him to a local hospital.  He was transferred from that hospital to Resnick…
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Feb 14 2016
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DUI arrest conviction attorney lawyer law firm office for professional licensees

Michael Edward Rose v. California Board of Behavioral Sciences

By Behavioral Health, Blog, Emergency Medical Services, Medicine, Nursing
RUVOLO, P.J. I. INTRODUCTION Respondent Michael Edward Rose (Rose) is a licensed clinical social worker who was subjected to professional disciplinary proceedings by appellant Board of Behavioral Sciences (Board)1 after he suffered three drunk driving convictions within 11 years. After the Board issued its ruling, Rose brought a petition for…
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