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Jan 28 2017
Love1
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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Apr 05 2016
Love3
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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Apr 01 2016
Love2
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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Feb 14 2016
Love1
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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Jan 07 2016
Love1
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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Jan 05 2016
Love1
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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Aug 10 2015
Love1
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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