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

By | 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…

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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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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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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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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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Discipline data bank duplication targeted in proposed federal rule

By | Behavioral Health, Dentistry, Emergency Medical Services, Medicine, Nursing | No Comments

Overlap and duplication of two federal disciplinary data banks would be reduced if a proposed rule of the HHS Health Resources and Services Administration becomes final. Announced for public comment February 15, 2012, the revised rule (HRSA-0906-AA87), required under the health insurance reform measure, the Patient Protection and Affordable Care…

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