The California Department of Insurance has the power to summarily revoke a licensee who is convicted of a felony. A “summary revocation” does not allow the client to present a defense—the revocation is done as a matter of law following a felony conviction. We were hired on behalf of a California licensee who suffered a previous conviction for manslaughter and
Unrestricted Real Estate License Granted Less Than Two Years Following License Revocation
The Department of Real Estate takes criminal convictions that occur in connection with a real estate license very seriously. We represented a client in one such licensee, where a misunderstanding regarding the nature of a visit to a property resulted in the licensee pleading to a misdemeanor that occurred on the property. As a consequence, the license was revoked by
BRN Accusation Against Charge Nurse Dismissed Following Stillborn Pregnancy
As we have discussed on our website, Registered Nurses during the pandemic have suffered unprecedented challenges. Even when emergency measures are eased and requirements are relaxed throughout California, hospitals remain ground zero for those suffering from COVID-19, including the highest acuity patients suffering from the most severe reactions to the disease. Nurses in hospitals on every floor, in clinics
New Law SB-806 Allows Medical Board of California to Increase Costs for Investigations Against Physicians
As of January 1, 2022, an amendment to SB-806, Section 125.3, reimposes the Medical Board of California’s ability to recover costs when investigating and prosecuting licensed physicians facing discipline from the very physicians they are prosecuting.
What is cost recovery?
For the Medical Board of California, cost recovery for pursuing discipline against a physician accused of violating the Medical Practice
Public Entity Health Plans Immune from Implied Contract Theories
Public Entity’s Determination of Reasonable and Customary Value is Discretionary, Not a Mandatory Duty
The California Court of Appeal recently issued a decision upholding governmental immunity for a public health plan sued by an out-of-network hospital based on implied contract theories. In County of Santa Clara v. Superior Court, 77 Cal. App. 5th 1018 (2022), the court held that
Department of Insurance License Discipline Trends
As a massive public agency with 320,000 licensed agents in California, the Department of Insurance (DOI of CDI) has an extensive infrastructure for the investigation and discipline of insurance producers. As is often true of financial industry regulators, there are marked trends in investigations and discipline in certain areas of public concern.
“Affinity Group” Discount Cases
The Department of Insurance
Medical Board of California Petitions for Penalty Relief
Physicians who have lost their Medical Board license or find themselves on probation are often legally entitled to petition for license reinstatement or relief from license probation, under Business and Professions Code section 2307. This process is accessible to unrepresented parties through a petition, with instructions, available online. It is preferable, however, to hire an experienced licensing and
California Travel Nurse Reprimanded Even After BRN Demanded Probation for Out of State Discipline; Costs Reduced by 90%
Nurses from other states sometimes take travel assignments at facilities across California, especially since the demand for nurses has risen sharply due to the COVID-19 pandemic. However, the California Board of Registered Nursing retains the ability to discipline the California BRN license for nurses even when they are disciplined for conduct outside of California against the nursing license in their
Associate Marriage and Family Therapist License Saved Despite DUIs in 2019 and 2020
Alcohol related convictions are among the most serious violations a medical professional can commit, because they call into question both the judgment of the licensee and the safety of patients, in the judgment of California state agencies such as the Medical Board of California, the Board of Registered Nursing, and the Board of Behavioral Sciences. Licensees who commit even one
Real Estate Salesperson’s License Issued to DRE Licensee after Three Criminal Convictions
The Department of Real Estate accused a licensee of fraud, dishonest dealing, and dishonesty after the client failed to report a 2019 conviction for a misdemeanor violation of a Labor Code statute. The licensee had also been convicted of crimes twice before. Alleging a pattern of dishonest behavior, the DRE refused to offer the client a settlement and took the