After-Hours Drunk Driving? Yes, it’s Unprofessional Conduct

By | Accounting, Acupuncture, Audiology, Behavioral Health, Building Construction Professionals, Cosmetology and Barbering, Dentistry, DMV, DUI, Education, Emergency Medical Services, Funeral Services, Law, Medicine, Nursing, Personal Services, Real Estate, Veterinary Medicine

One of the cases described by Kentucky board counsel Cheryl Lalonde was decided August 25, 2009 by the Court of Appeal of California, Third Appellate District. The ruling (Louis H. Watson v. The Superior Court of Sacramento County, Medical Board of California) involved a surgeon who had several DUI violations…

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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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California Board of Behavioral Sciences Psychology License Lawyer Attorney Law Firm Office

“Conditional suspension” not an option while psychologist’s criminal appeal pending

By | Accounting, Acupuncture, Audiology, Behavioral Health, Dentistry, Emergency Medical Services, Funeral Services, Law, Medicine, National Practitioner Data Bank, Nursing, Personal Services, Podiatry, Real Estate, Veterinary Medicine

A Board of Psychology did not err in choosing to revoke a psychologist’s license once it learned that a conditional indefinite suspension, with jurisdiction to revoke, was not possible, the District Court of Appeal of Florida held June 6 (William Kale, Ph.D. v. Department of Health). The board hoped to…

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Licensing Board defense Law Firm In California

Traditional licensing: Storm clouds ahead?

By | Accounting, Acupuncture, Audiology, Behavioral Health, Blog, Building Construction Professionals, Cosmetology and Barbering, Dentistry, DMV, DUI, Education, Emergency Medical Services, Funeral Services, Law, Medicine, Nursing, Personal Services, Podiatry, Real Estate, Veterinary Medicine

The traditional appointed board model for regulating the professions has been a fixture of state government for well over a century. But new models of delivering services, plus a pro-competition climate at the state and federal level, may be threatening the classic regulatory structure. The February 25 U.S. Supreme Court…

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National Practitioner Data Bank Attorney Lawyer Law Firm Office

Board did not have to warn licensee about report to National Practitioner Data Bank

By | Audiology, Behavioral Health, Blog, Dentistry, Emergency Medical Services, Medicine, National Practitioner Data Bank, Nursing, Podiatry

A board’s decision not to rescind a settlement agreement with a doctor, which the doctor said was offered to her without proper disclosures, was affirmed by the Court of Appeals of Iowa, in an August 27 ruling (DeLouis v. Iowa Board of Medicine). In 2012, the Iowa Board of Medicine…

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Medical Board of California Physician and Surgeon License Attorney

What is the National Practitioner Data Bank?

By | Acupuncture, Audiology, Behavioral Health, Blog, Dentistry, Emergency Medical Services, Medicine, Nursing | No Comments

According to the U.S. Department of Health and Human Services, the National Practitioner Data Bank (NPDB) is a federal information repository dedicated to improving health care quality, promoting patient safety, and preventing fraud and abuse. The NPDB is a federal government program that collects and publishes negative information on health…

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California Department of Consumer Affairs Division of Investigation Attorney Lawyer

Licensee’s lawsuit against board investigator who gave false testimony may proceed

By | Accounting, Acupuncture, Audiology, Behavioral Health, Building Construction Professionals, Cosmetology and Barbering, Dentistry, Education, Emergency Medical Services, Funeral Services, Medicine, Nursing, Personal Services, Real Estate, Veterinary Medicine

A nursing home administrator who alleged that state board officials violated his civil rights failed to submit the necessary factual information to state his claim, but his claims against a board investigator who was found to have presented false testimony are allowed to proceed, the U.S. District Court for the…

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