We got word a few days ago that the Medical Board adopted the Administrative Law Judge’s proposed decision to revoke her medical license for writing 8 medical exemptions that were not compliant with the CDC’s ACIP guidelines. It was a tough but not unexpected decision given the hostility the Board has against doctors who were charged with writing more than a couple of exemptions. Here is the decision. You won’t like it. CCF12152021
I want to share two important behind-the-scenes facts. First, Kelly was offered a settlement last spring which would have allowed her to keep her medical license. She refused the deal in large part because signing the deal would have meant that all the medical exemptions she had written would have been revoked in the spring. She made clear to me that her first priority was to keep her exemptions in place as long as possible. Her decision (and my marching orders) gave her medical exempt children an extra half a school year, albeit at the cost of her California medical license. In the war against mandatory school vaccination, that makes her a hero and I thought you all should know that.
Her decision to litigate is even more heroic because it became clear that the office of Administrative hearings takes the position that it does not have the authority to create or decide what is the standard of care. The administrative law judges simply accept what the Board’s expert says is the standard of care. As a result, the only defense to a medical board case involving the standard of care is to argue that the Board’s expert is incorrect, in that the doctor’s conduct complies with the standard of care articulated by the Board’s expert. In Kelly’s case that would mean arguing that the medical exemptions were ACIP Guidelines compliant. But of course, none of the medical exemptions written by Kelly, Ken Stoller, Ron Kennedy or any of the other doctors who were sanctioned met the community standard of care which is to follow the ACIP Guidelines. Despite being told this and basically being told that she was going to lose the case, she insisted on litigating the case (at a considerable personal expense to her) to extend the life of her medical exemptions.
The Board’s Order is effective at the beginning of January, so if your child has a medical exemption from Kelly, expect it to be revoked early next year and plan accordingly.
Kelly still has a medical license from another state, but because of reciprocal sanctioning by medical boards, that license is in jeopardy. However, she tells me that one way or the other, she will still offer her considerable expertise and professional services to those who need it. Stay tuned for more details.
Rick Jaffe, Esq.