Medicine Archives

Nov 02 2018

california medical license defense attorney

BOARD NOT REQUIRED TO TAKE JURISDICTION OF “BALANCE BILLING” COMPLAINT

By Medicine

The state medical board was within its authority to reject taking jurisdiction of a couple's complaint that a group of privately-contracted emergency room physicians engaged in "balance billing," the California Court of Appeal, First District, Division 4, held September 26 (Leon v. Medical Board of California). Under balance billing, emergency…

Oct 12 2018

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Applicants with mental illness still must meet basic eligibility standards

By Medicine

MEETING BASIC ELIGIBILITY REQUIREMENTS FOR PRACTICE The Americans with Disabilities Act did not apply to individuals whose mental illness prevents them from meeting the basic eligibility requirements for practice, an appellate court in Ohio ruled September 20. The court dismissed an appeal by a physician who had challenged a board…

Oct 01 2018

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Medical board may discipline physicians for discussing guns with patients

By Joe Rose Medicine

The U.S. Court of Appeals for the 11th Circuit, in a July 25 opinion, rejected constitutional challenges to a recent Florida law that prevents state-licensed physicians from inquiring about their patients' gun ownership (Wollschlaeger v. Governor of the State of Florida). The law, amending Florida's Patient's Bill of Rights and…

Sep 27 2018

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Misdemeanor or Felony? Unlicensed Practice Bay Be Either

By Joe Rose Medicine

Unlicensed Medical Practice in California A student midwife who had been convicted of the unlicensed practice of medicine lost an appeal of that ruling April 18, when the Court of Appeal of California in Los Angeles ruled that the unlicensed practice of many of the actions associated with midwifery is…

Aug 15 2018

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

By Joe Rose 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…

Oct 08 2017

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California Medical Board website ranks first in nation by Consumers Union

By Joe Rose Blog, Medicine, National Practitioner Data Bank

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…

Aug 02 2017

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Court overturns revocation of medical license following misdemeanor conviction

By Joe Rose Blog, Medicine

flickr | Hazma Butt 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…

Jul 22 2017

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Licensee with Adderall Rx who failed drug screen has burden of proving rehabilitation

By Joe Rose Medicine, Pharmacy

Alex Dodd/flickr A pharmacist who sought reinstatement of her license, and was denied, lost her appeal August 25. The Commonwealth Court of Pennsylvania ruled that she had not properly demonstrated her rehabilitation and ability to practice pharmacy with reasonable skill (Markowitz v. Bureau of Professional and Occupational Affairs, State Board…

Jan 28 2017

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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 Joe Rose 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…

Jan 28 2017

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California Psychology Board of Behavioral Sciences Attorney Lawyer

Psychotherapy privilege not waived by answering agency questions in dependency proceeding

By Joe Rose 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…

Medicine

BOARD NOT REQUIRED TO TAKE JURISDICTION OF “BALANCE BILLING” COMPLAINT

Applicants with mental illness still must meet basic eligibility standards

Medical board may discipline physicians for discussing guns with patients

Misdemeanor or Felony? Unlicensed Practice Bay Be Either

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

California Medical Board website ranks first in nation by Consumers Union

Court overturns revocation of medical license following misdemeanor conviction

Licensee with Adderall Rx who failed drug screen has burden of proving rehabilitation

Mental health exam ordered by Board of Registered Nursing did not infringe upon nurse’s due process or privacy rights

Psychotherapy privilege not waived by answering agency questions in dependency proceeding

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