by Adam G. Slote on February 19, 2013
by Adam G. Slote on August 19, 2012
The Medical Board of California granted our Petition for Penalty Relief after an administrative hearing. Our client is a physician who accepted his original California Medical License with five years of probation because of a conviction for driving under the influence of alcohol as a medical resident. After two years of probation, we petitioned for early termination of the California medical license probation.
by Adam G. Slote on April 02, 2012
We previously wrote about our victory appealing (by writ of administrative mandate) discipline against a registered nurse solely because of a single off-duty DUI conviction. See RN With Single DUI Wins in Superior Court—Nursing Board Appeals. In that case, the Board of Registered Nursing (BRN) ordered the revocation of our client's RN license subject to a stay of the revocation and probation for three years with employment supervision requirements.
by Adam G. Slote on March 29, 2012
Our client is a medical doctor who was convicted of driving under the influence of alcohol in California. California physicians are required to report misdemeanor criminal convictions within 30 days. (See Business and Professions Code section 802.1.) We prepared a report letter disclosing the conviction and explaining the circumstances. Fortunately, the doctor's DUI was a first time offense and his or her blood alcohol level was close to the legal limit.
by Adam G. Slote on March 27, 2012
Our client is a registered nurse who was convicted of driving under the influence of alcohol. In 2010, the California Board of Registered Nursing filed an Accusation against the RN alleging that the DUI conviction was substantially related to the qualifications, functions and duties of a registered nurse, and that the DUI was unprofessional conduct.
In 2012, the California Court of Appeal will decide whether the Board of Registered Nursing can order an RN to serve probation because of a single DUI conviction. This appeal comes after our second successful petition for writ of administrative mandate in San Francisco Superior Court.
by Adam G. Slote on July 14, 2010
California Occupational Therapists (OTs) arrested for DUI can now expect investigation letters from the Board of Occupational Therapy (CBOT) within days of arrest. CBOT receives notice of the arrest from the California Department of Justice, which cross-references criminal records against professional licensing records. Occupational Therapists can expect a letter from the Board requesting a detailed description of the events that led to the arrest under penalty of perjury along with case information for the pending criminal case.
by Adam G. Slote on March 23, 2010
by Bo Links on June 16, 2010
If a teacher has a DUI conviction, can the state Commission on Teacher Credentialing (CTC) utilize a “per se” standard and conclude that the person is aromatically disqualified as a matter of law from teaching in California? The answer is no. In the case of Broney v. California Commission on Teacher Credentialing, the court rejected use of a “per se” rule.
A California registered nurse (R.N.) was convicted of alcohol-related reckless driving after being charged with driving under the influence of alcohol (DUI). The conviction was a first-time offense, and there was no evidence of alcohol abuse or dependence.
Nevertheless, the Board of Registered Nursing demanded that the nurse submit to a psychological evaluation, physical evaluation, random urine tests, and substance abuse rehabilitation. Since there was no evidence of any alcohol problem, we believed that the conditions demanded by the Board were unreasonable.
by Adam G. Slote on September 08, 2009
A few years ago, the Medical Board of California denied the medical licenses of several medical residents based on the fact that they had been convicted of driving under the influence. I represented one of the medical residents, whose entire criminal record consisted of a single conviction for driving under the influence of alcohol. Prior to that time, the Medical Board had routinely granted medical licenses (physician and surgeon’s certificates) to applicants who had been convicted of a single DUI.