Citing a collection of errors by a trial court that had thrown out a license revocation for bias on the part of the Missouri funeral board, an appellate court reinstated the revocation imposed on a funeral director. In the November 5 decision, the court noted that the funeral director had…
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A district court was legally wrong when it granted summary judgment against a dentist who charged his license was revoked through misuse and manipulation of state dental board proceedings by other dentists, the Court of Appeal of Louisiana, Second Circuit, ruled November 20, 2013. Noting that there is a "plethora…
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Current questions about mental health on a national form used by the Louisiana state bar to screen applicants for attorney licensing violate the Americans with Disabilities Act (ADA), and the state must change its application policies, the U.S. Department of Justice Civil Rights Division says. The Louisiana state bar requires…
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The business operation of medical marijuana clinics in California requires a medical license, a state appeals court ruled July 31 (People v. Superior Court, Sean Cardillo and Andrew Cettei, real parties in interest). Sean Cardillo and Andrew Cettei, who operated two medical marijuana clinics in Venice, California, were not licensed…
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In response to a challenge by the American Nurses Association of a legal opinion from the California Department of Education, the California Supreme Court ruled August 12, 2013 that unlicensed school employees have authorization to administer insulin to diabetic children if doing so on the orders of a doctor (American…
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The state nursing board has the power under state law to revoke a license in the case of a refusal to submit to a board-ordered mental health examination, the Court of Appeal of California, First Appellate District, Division Two held September 26 (Ophelia Lee v. Board of Registered Nursing). Ophelia…
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Overlap and duplication of two federal disciplinary data banks would be reduced if a proposed rule of the HHS Health Resources and Services Administration becomes final. Announced for public comment February 15, 2012, the revised rule (HRSA-0906-AA87), required under the health insurance reform measure, the Patient Protection and Affordable Care…
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A California court has upheld a five-year suspension of the license of a civil engineer for, among other things, engaging in land surveying, a practice condoned by the law of many of the state's municipalities but forbidden by its licensing board (Rudolfo Ventura Dimalanta v. Board for Professional Engineers and…
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The Dental Board of California abused its discretion in imposing a lifetime license revocation on a dentist who engaged in "capping," or paying a third person to procure patients, the Court of Appeal of California, Second Appellate District decided November 19 (Levon Solak v. Dental Board of California). Although the board's determination…
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A finding that a physician committed professional misconduct by engaging in sexual relations with a patient did not require that the physician instigate or return sexual favors, the Court of Appeal of California, Third Appellate District, said in an August 31 ruling (William Joseph Roy, Jr., v. The Superior Court…
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