The attorneys at Simas & Associates, Ltd. are seeing increasing numbers of Veterinary Medical Board (“Board”) investigations where veterinarians are attempting to respond to the Board’s investigation of them on their own. Unfortunately, this is resulting in extreme negative consequences for the veterinarians that are simply not foreseeable other than Read more…
In California, the Veterinary Medical Board has a right to inspect “at any time” any “premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced.”[1] The Board regularly carries out two kinds of inspections – routine inspections and inspections following a complaint to the Board. Violations found Read more…
Two bills presently in a hold pattern in the California legislature have been boosted by the results of a recent field poll. Legalizing sports betting is favored by 58 percent of all registered voters – a 23 percentage-point margin over opponents – receiving thumbs up from both genders and all age groups, Read more…
The most frequently cited deficiency in a California Veterinary Medical Board (“VMB”) audit of a veterinary hospital is poor record-keeping. The VMB takes the stance that if it’s not in the medical records, it didn’t happen. Disciplinary action includes the denial, revocation, probation, or suspension of a license or a citation or Read more…
There is some controversy and legal maneuvering regarding two recent animal-protection laws in California. Regardless of whether you enjoy foie gras or shark fin soup, the arguments over loopholes, principles of federalism and even possible racial overtones make for an interesting story. In 2004, then-state Senator John Burton authored SB Read more…
Expert witnesses are used in a wide range of litigation and their opinions are often viewed as critical—frequently they can make or break a case. As a result, many trials and hearings have turned into a battle of the experts. Administrative hearings for professional licensing or occupational licensing law is Read more…
Time and time again, we hear the story of a physician who is “invited” by an investigator from the Department of Consumer Affairs (“DCA”), Investigations Unit, to meet on behalf of the Medical Board of California (“Board”). Whether resulting from the investigator luring the physician or the seeming innocuous nature Read more…
The California Gambling Control Commission (“Commission”) acts as the regulatory body over: Gambling establishments (cardrooms), and over all persons or things having to do with the operations of gambling establishments, Proposition Players, and Tribal casinos, pursuant to the Commission’s authority under the Tribal-State Gaming Compacts. The Commission is responsible for Read more…
In our last two installments, we discussed the circumstances under which a health care provider is and is not required to provide you access to your medical records. Today, we will look at what you can do if you are entitled to access, but your provider is unable or unwilling Read more…
For the 2010-2011 fiscal year, Medical Board of California administrative actions: There were a total of 317 administrative actions taken against physicians and surgeons. The highest amount of actions resulted from gross negligence/incompetence. Out of the 125 actions, 70 of them resulted in public reprimand. Four resulted in revocation of Read more…