Blog Archives

Jul 23 2017

“Facts” versus “Reasons”: Licensee deserved hearing on good cause for missing hearing start time

By Joe Rose Blog No Comments

alamodestuff | flickr 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in an August 3, 2016, decision, granted a hearing to resolve a factual dispute in the case of a physician whose license was revoked by default after he failed to arrive for the beginning of his hearing, in the mistaken belief he…

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 Joe Rose 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…

Feb 14 2016

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$40-per-exam Teladoc wins federal injunction against strict medical board curbs on telemedicine

By Joe Rose Blog, Medicine

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,…

Jan 05 2016

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Licensing Board defense Law Firm In California

Traditional licensing: Storm clouds ahead?

By Joe Rose 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…

Nov 01 2015

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Board of Podiatric Medicine Attorney Lawyer Law Firm License Defense

Roseville podiatrist pleads guilty in $1 million health care fraud scheme

By Joe Rose Blog, Medicine, Podiatry

Neil A. Van Dyck, 64, of Roseville, California, pleaded guilty to health care fraud, United States Attorney Benjamin B. Wagner announced. According to court documents, Van Dyck was a California-licensed podiatrist who operated a podiatry practice in Roseville called Placer Podiatry. Van Dyck offered “spa”-like treatments and performed routine foot…

Aug 12 2015

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Fired medical board director won’t get legal fees covered

By Joe Rose Blog, Medicine, National Practitioner Data Bank

The Arizona state attorney general's office denied a request by the state's former medical board director to pay legal fees she incurred from a high-profile 2013 investigation by the state ombudsman. In a scathing report last October, the ombudsman found that both the director and deputy director ordered state employees…

Aug 10 2015

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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 Joe Rose 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…

Aug 06 2015

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Unlicensed Israeli-American loses bid to practice online in U.S.

By Joe Rose Behavioral Health, Blog

A psychologist licensed in Israel, but not in the U.S., illegally offered his services in Pennsylvania and must pay civil penalties and stop holding himself out as a psychologist, the Commonwealth Court of Pennsylvania ruled August 11. (Abraham v. Bureau of Professional and Occupational Affairs, Board of Psychology). The memorandum…

Aug 05 2015

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Board can rule out fish pedicures, Arizona court finds

By Joe Rose Blog

An appellate court in Arizona ruled May 27 that the state cosmetology board may ban so-called fish pedicures, an unconventional method of dead-skin removal in which a customer places a foot or hand in a tank containing fish known as "doctor fish," which literally eat away dead skin from the…

Aug 05 2015

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Revocation for child porn conviction was not justified, appeals court rules

By Joe Rose Blog, Dentistry

A recommended order by an administrative law judge to revoke a dentist's license for possessing child pornography did not bear ample factual foundation, the Third District Court of Appeal of Florida held (Borges v. Department of Health). In an August 13 ruling, the appellate court reversed and remanded the state…

Blog

“Facts” versus “Reasons”: Licensee deserved hearing on good cause for missing hearing start time

Michael Edward Rose v. California Board of Behavioral Sciences

$40-per-exam Teladoc wins federal injunction against strict medical board curbs on telemedicine

Traditional licensing: Storm clouds ahead?

Roseville podiatrist pleads guilty in $1 million health care fraud scheme

Fired medical board director won’t get legal fees covered

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

Unlicensed Israeli-American loses bid to practice online in U.S.

Board can rule out fish pedicures, Arizona court finds

Revocation for child porn conviction was not justified, appeals court rules

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