The Arizona State Board of Respiratory Care Examiners won plaudits from the state Auditor General this year for some elements of its performance. It followed rules on issuing licenses and issued most in a timely manner. But the watchdog agency cited one area where the board needs work: ensuring licensees’…
The California medical board must consider the impossibility defense of a doctor who was subject to an order from a religious court in Lebanon preventing him from leaving that country, after the order placed him in violation of his license probation in California, the California Court of Appeal, Second District,…
State agency websites don’t strive for superior turning ability, extra shine, or spin cycle speed. But anyone who’s consulted Consumer Reports to compare vacuum cleaners or hybrid cars will recognize the red- and black-dotted rating system the publisher adopted in its recent ratings of state medical board websites. A Survey…
An appellate court in California overturned a license revocation issued to a doctor who had accepted several thousand dollars in disability insurance while working for another employer (Pirouzian v. Superior Court; Medical Board of California, Real Party in Interest). In its June 29, 2016, decision, the court cited several mitigating…
A company did not engage in the unlicensed practice of engineering when it used a GPS device, or geographic positioning system, to locate and map the location of equipment of a local utility, a Pennsylvania court held May 24, 2016 (Southeastern Reprographics v. Bureau of Professional and Occupational Affairs). The…
The Oregon Court of Appeals, in an August 3, 2016, decision, granted a hearing to resolve a factual dispute in the case of a physician whose license was revoked by default after he failed to arrive for the beginning of his hearing, in the mistaken belief he could skip the…
An appellate court in Utah, in an April 19, 2015 decision, overturned the license revocation of an Advanced Practice Registered Nurse (APRN) who had completed, but failed to properly report, her required continuing education credits, and then declared herself eligible on license renewal forms (Cook v. Department of Commerce, Division…
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…
Physicians would suffer irreparable harm if forced to comply with new Texas rules requiring face-to-face physical examination of patients prior to prescription of any dangerous drug or controlled substance, the U.S. District Court for the Western District of Texas held May 29 (Teladoc, Inc. v. Texas Medical Board). The ruling,…
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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