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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 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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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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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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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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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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