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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Medical Board of California Department of Consumer Affairs Attorney Lawyer Law Firm Office

Medical board may not subpoena patient’s medical records while investigating psychotherapist’s alleged sexual misconduct absent compelling justification

By | Medicine | No Comments

The California Medical Board, through Executive Director Kimberly Kirchmeyer, investigated Dr. Geoffrey Phillips, a licensed psychiatrist, based on an allegation that he had a sexual relationship with one of his patients, A.M.  After her therapy with Dr. Phillips ended, A.M. divorced her husband, S.M.  S.M. then filed a complaint with…

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california nursing medical board attorneys lawyers

Elder Abuse liability may be premised on hospital’s knowing pattern of understaffing in violation of regulations

By | Medicine, Nursing | No Comments

Plaintiffs’ operative complaint alleged that decedent George Fenimore, Jr., suffered from Alzheimer’s disease and dementia, was prone to wandering away from home, and had begun to suffer an increased number of falls, leading his family to admit him to a local hospital.  He was transferred from that hospital to Resnick…

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