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 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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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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Registered Nurse challenges BRN license revocation resulting from DUI conviction

By | Acupuncture, Audiology, Behavioral Health, Dentistry, DMV, DUI, Emergency Medical Services, Law, Medicine, Nursing, Podiatry, Real Estate, Veterinary Medicine | No Comments

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 attorneys handle for registered nurses, physicians and other healthcare professionals. California Vehicle Code section 23152, subdivisions (a) and…

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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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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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