Most licensees when facing license discipline are concerned about the direct and immediate consequences. In particular, when a physician faces an accusation by the Medical Board of California, their primary concern is their continued ability to practice. And that is completely reasonable and understandable. However, the lure of certainty in Read more…
You have heard of flipping houses, right? And you have seen some done right and some done wrong on many national cable television programs. Sometimes, the disasters are shown as do-it-yourself nightmares. Well, what about flipping cars? Not so much. And, the do-it-yourself nightmare would more than likely reside with Read more…
Imagine that you are a licensed professional accused of misconduct by your underlying licensing agency, who now wishes to revoke your license. You retain counsel, attempt to negotiate a stipulated settlement, but the agency’s attorney just will not budge. So, you go to an administrative hearing, kick-butt, put on convincing evidence of rehabilitation and Read more…
California law requires all licensing agencies to issue Disciplinary Guidelines. (Business and Professions Code, sections 481, 482.) These Disciplinary Guidelines are similar to Sentencing Guidelines in criminal law. They provide for the proposed terms of license discipline and the probation that the licensing agency deems appropriate for particular violations of Read more…
A plurality of our law firm’s work comes in the form of defending professional licensees from licensing agency discipline. This entails the administrative hearing process, which typically leads to a hearing of varying length before the Office of Administrative Hearings. But only if a settlement cannot be negotiated and agreed to before the Read more…
On April 12 and 13, Steve Simas was one of several presenters in two seminars provided by the California Physical Therapy Association (CPTA) in San Francisco and Los Angeles, respectively. Mr. Simas was selected to present due to his deep experience in health care reform law. Mr. Simas’s participation in Read more…
The Affordable Care Act (the ACA, aka ‘Obamacare’) has been the center of news headlines and chatter for quite some time. It’s no wonder, as it is considered one of the most politically contested bills in American history. Whether you are for or against it, or somewhere in the middle, Read more…
This blog entry is for all licensees of the California Department of Alcoholic Beverage Control (“ABC”). We were compelled to write this article to warn ABC licensees of the perils of attending an ABC “309 meeting” also known as a “309 hearing” at a regional office of ABC. Pre-Charging Meeting Read more…
Vaping is the use of an e-cigarette – a battery-operated, pen-shaped device that turn flavored nicotine into a vapor that users inhale. Because the vapor does not contain tobacco and is smokeless, it is not prohibited by California’s statewide ban on smoking tobacco in the workplace. Only three states – Read more…
Our short take – no, never, please don’t, and please avoid at all costs. However, if you must be provided with more explicit reasons, please know that lying to your attorney is really a lose-lose situation. Lying to your attorney is perhaps the most counter-productive thing you can possibly do. Read more…