by Stephen M. Boreman on May 28, 2018
If you need a California medical license defense attorney, contact us as soon as possible. We defend physicians before the Medical Board of California in license denial and disciplinary action cases from investigation through administrative hearings and on appeal. We also represent doctors in matters involving the National Practitioners Data Bank (NPDB), hospital privileges, and Medical Provider Networks (MPN).
We defend physicians (and physician assistants) in the following areas:
An out-of-state physician applied for his medical license in California. Prior to medical school he had a charge of boating under the influence of alcohol (BUI). He pled not guilty and was allowed to plead to a boating offense without reference to alcohol and judgment was deferred with terms and conditions. Upon completion of the terms, the record was expunged and ordered sealed.
However, when the doctor applied for his initial license in another state, he was required to accept an initial probationary license with terms and conditions pertaining to alcohol abuse.
by Stephen M. Boreman on May 09, 2017
by Stephen M. Boreman on May 15, 2017
California's attitudes toward drunk driving and the laws reflecting those attitudes, including the laws, policies and regulations of the Medical Board of California, find their roots in the political success of Mothers Against Drunk Driving (MADD), a private, non-profit organization. In 1980, Candace "Candy" Lightner founded Mothers Against Drunk Drivers (MADD) after her thirteen year old daughter, Cari, was killed by a drunk driver with a record of prior drunk driving offenses. By 1984 the organization had attracted the attention of U.S. politicians.
The Medical Board of California treats single DUI convictions for physicians with high blood alcohol concentrations (BAC) as serious matters, which warrant the filing of formal administrative charges by Accusation. An “Accusation” is like a complaint in a civil case. While the Attorney General and Board staff have generally sought probation in such matters, the clear trend for cases that proceed to an administrative hearing is a decision for Public Letter of Reprimand (PLR).
by Stephen M. Boreman on June 23, 2016
by Stephen M. Boreman on January 16, 2017
For many years, the Medical Board of California has maintained a list of approved medical schools. All U.S. and Canadian schools, and many foreign medical schools, are approved. The Medical Board also maintains a list of unapproved medical schools and those not yet approved or accredited. There is a "domino" effect to California Medical Board recognition of an off-shore medical school because other states routinely rely on California's stringent accreditation process and list of approved and disapproved medical schools.
by Stephen M. Boreman on June 18, 2016
The Universidad Autonoma de Guadalajara (UAG) is a prestigious, private university in Mexico with a medical school that has been recognized by the Medical Board of California for over forty years. UAG medical graduates bring valuable Spanish language and cultural skills to California's diverse communities.
by Stephen M. Boreman on May 27, 2016
This case involves two California agencies: The Dental Board and the Medical Board. Our client is a licensed dentist and physician.
As a California dental surgeon (DDS), our client entered an M.D. degree program in surgery. Unfortunately, in the last few months of residency, the surgeon suffered a DUI conviction. The DUI was an isolated incident, and the surgeon reported the conviction to the Dental Board. Our client does not have an alcohol problem. The Dental Board of California recongized that disciplinary action was not warranted in this case.
An applicant with an expunged felony conviction record for possession of drugs applied to and graduated from medical school after completing probation on the criminal charges. The applicant was completely transparent with the medical school and all subsequent training programs regarding the prior conviction. He fully disclosed the record to the Medical Board on his license application, understanding that even expunged records must be reported under California law.
by Stephen M. Boreman on January 05, 2016
by Stephen M. Boreman on March 08, 2016
In light of research abuses committed in the 20th Century such as the Tuskegee Syphilis Study conducted by the U.S. Public Health Service between 1932 and 1972, and radiation experiments conducted during the Cold War, Congress passed the National Research Act of 1974. The Act was followed by the "Belmont Report" which made recommendations regarding the regulation of human subjects research. Today, the Code of Federal Regulations (45 CFR Part 46) provides standards for Institutional Review Board (IRB) approval when human subjects research is contemplated.
by Stephen M. Boreman on November 16, 2015
A California physician was on probation with a requirement to undergo and pass the Physician Assessment and Clinical Education (P.A.C.E.) program at the University of California, San Diego. The P.A.C.E. evaluation was conducted in two parts. It included an oral clinical evaluation and a hands-on practice simulation, in addition to physical and psychological testing. The physician was subsequently informed of failure of the clinical portion of the examination. An order to cease practice followed. The Medical Board then filed an Accusation and Petition to Revoke Probation.
A California medical resident was applying for his Physician and Surgeon's Certificate. Question No. 55 on the Medical Board's application form asked for disclosure of all criminal offenses, including felonies, misdemeanors and infractions, except for charges "dismissed under section 1000.3 of the California Penal Code or equivalent non-California laws". The resident did not know if this meant he had to disclose three offenses committed when he was an adult but treated as a minor relative to alcohol and False I.D. matters that occurred while he was in college in another state.