A temporary injunction issued by U.S. District Judge Robert Pitman poses as one of the first applications of the February 2015 U.S. Supreme Court decision, North Carolina State Board of Dental Examiners v. Federal Trade Commission. In granting the preliminary injunction, Judge Pittman provided an early victory for Dallas-based Teladoc, a company that connects Read more…
The California legislature recently amended the continuing education requirements for real estate brokers (broker) licensed by the California Bureau of Real Estate. AB 345, signed into law by Gov. Jerry Brown on July 13, 2015, requires a licensed real estate broker, as part of the broker’s 45 hours of continuing education, Read more…
(The below is content that will be published in an upcoming PT Interventions, the official newsletter of the California Physical Therapy Association) For years there has been much confusion about physical therapists working for and owning different types of corporations, and whether a physical therapist may form or work for Read more…
In mid-month June, the Sacramento Business Journal contacted Simas & Associates, Ltd. for assistance on a story it was writing regarding surprising things about California alcohol licensing laws. Simas & Associates, Ltd. is known as one of the leading professional licensing law firms in California and provides statewide alcoholic beverage Read more…
A person whose license has been revoked or suspended may petition for reinstatement or reduction of penalty under Gov. Code, § 11522, which applies to virtually all state agencies that license or register people or entities and take action against their licenses. It specifically governs petitions for reinstatement, except when Read more…
The Administrative Procedure Act (APA) provides a procedure under which sworn affidavits or declarations under penalty of perjury may be used the same as live testimony in an adversarial professional licensing hearing. (Gov. Code, § 11514.) Please note that an “affidavit” is defined in the California Code of Civil Procedure, Read more…
Recently, the U.S. Supreme Court upheld the Federal Trade Commission's antitrust action against the North Carolina State Dental Board. In a 6-3 decision, written by Justice Anthony Kennedy, the Court held that the North Carolina State Dental Board could not use the State Action Immunity Doctronie to shield it from Read more…
The Sacramento County Bar Association Administrative Law Section is having its officer election this week. It is being conducted electronically by the SCBA. The SCBA sent out email correspondence containing a link to the ballot. To confirm you are eligible to vote, you will need to disclose your State of Read more…
(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 Board of Occupational Therapy has proposed modifications to the text of Title 16, California Code of Regulations, section 4170, which are the Ethical Standards of Practice of Occupational Therapy. The proposed modifications include a number of gramatical changes and clean-up of the regulation. However, it also contains substantive changes. Specifically: Read more…