(This article will appear in the California Physical Therapy Association's March 2015 Newsletter, PT Interventions.) Reporting abuse sounds like a simple and straightforward process. But due to the personal nature of the physical therapist-patient relationship, it can be difficult. Because such reporting is mandated by California law, this article examines Read more…
The California Public Records Act (California Government Code sections 6250-6276.48, “PRA”) states that all public records in California are open to inspection and copying by anyone. However, the exercise of that right takes a little more nuance than just citing the statute to a state, local, or quasi-municipal agency. So, we sat Read more…
The Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special Read more…
During the 2013 Session of the Texas Legislature,House Bill 308—the “Merry Christmas Bill”—was filed to protect Texans’ right to acknowledge traditional winter holidays like Christmas and Chanukah on public and private school grounds. The bill allows students, parents, teachers and administrators the freedom to acknowledge these traditional winter holidays without fear of Read more…
Our office speaks to many licensees after they have been arrested – these arrests can range from driving under the influence, domestic violence, drug possession, assault, and even manslaughter. Often, licensees ask us how their boards or agencies knew about their arrests before he or she even reported it. For Read more…
Our law firm works with professional licensees on a regular basis. Many of these individuals are independent, hard-working individuals, with usually barely enough time to handle their personal lives, let alone to administer or organize their profession as a going concern. This lack of time is often a direct cause Read more…
Code of Civil Procedure §1094.5(c) establishes the two basic tests for determining whether the evidence supports the findings in an administrative writ of mandate proceeding: If authorized by law to exercise its independent judgment on the evidence, the court determines whether the findings are supported by the weight of the Read more…
On September 28, 2014, Governor Brown signed Assembly Bill 2396, which provides that an individual with an expunged conviction cannot be denied a license solely because of the expunged conviction, notwithstanding any other law in the Business and Professions Code. This new law gives relief to applicants applying to certain Read more…
On November 14, 2014, Steven L. Simas, owner and founder of Simas & Associates, Ltd., will be serving as one of several presenters for Administrative Writs of Mandamus: What You Need to Know. This day-long seminar is being co-hosted by Pincus Professional Education and the Sacramento County Bar Association Administrative Read more…
Recently, our law firm has received a large influx of inquiries for service from registered nurses and physical therapists. The cause for this influx appears to be an abrupt change in the way the Board of Registered Nursing (BRN) and the Physical Therapy Board (PTB) are treating first-time, driving under Read more…