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Category: Medical Board info

Status Report on the Covid Misinformation Situation for California Physicians and other interested parties (in western states)

Status Report on the Covid Misinformation Situation for California Physicians and other interested parties (in western states)

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There have been a lot of papers flying around the state in various court cases, so it seemed like a good idea to tell the vaccine-concerned physician and lay community where the law and cases stand. Soapbox Speech Before I get into the AB 2098 lawsuits, let me relate where we are on the pre-AB 2098 soap-box speech Covid misinformation investigations by the medical board which started in late 2021 and early 2022. So far as I can tell, there…

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AB 2098, some final thoughts before the Governor does what he’s going to do

AB 2098, some final thoughts before the Governor does what he’s going to do

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I’ve read that Governor Newsom has over 500 bill sitting on his desk waiting for his signature. One of them is AB 2098, which would make it a disciplinable offense for a physician to provide a patient with advice or treatment recommendations not consistent with the mainstream ever-changing and often backtracking Covid narrative. I and many others have written much about the bill and why it’s a bad idea. And of course, I have sued the Medical Board for its…

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Cali. SB 920 Bites the Dust! (For now at least)

Cali. SB 920 Bites the Dust! (For now at least)

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Yesterday, SB 920’s bill sponsor pulled the bill. Here is her statement. https://sd14.senate.ca.gov/news/press-release/hurtado-releases-statement-her-decision-pull-senate-bill-920 To recap, SB 920 is (was) a bill that would have allowed medical board investigators and consultants to show up at a physician’s office unannounced, execute a de facto, informal search warrant (without a judicial order) an give them a sneak peek at patient medical records to see if the Board wanted to subpoena the records. It is (was) a crazy and unconstitutional idea as I explained…

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The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don’t think that dog will hunt

The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don’t think that dog will hunt

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At the Medical Board of California’s behest, the Senate has introduced SB 920 which grants the Board power to conduct warrantless searches of a physician’s office including medical records without the patient’s prior knowledge or consent. This bill is a radical departure from current practice, and I happen to think the bill is unconstitutional. This is just one of many bills which have been introduced which target physicians and patients as a result of the pandemic. I know that activist…

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So, You Just Received a Certified Letter from the Cali. Medical Board Asking you to Sign a Release for your Child’s Medical Records. What are your Options?

So, You Just Received a Certified Letter from the Cali. Medical Board Asking you to Sign a Release for your Child’s Medical Records. What are your Options?

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Social Media is abuzz with posts from parents who have received a certified letter from the Medical Board of California demanding that they sign an enclosed release which authorizes their child’s physician to release his/her medical records to the Board. What should you do? Actually, for a variety of reasons, I am not going to tell you what to do or give you legal advice of any kind. What I am going to do is lay out a decision tree…

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Cali. Medical Board has a new tactic to expand investigations against Vaccine Exemption-Writing Docs

Cali. Medical Board has a new tactic to expand investigations against Vaccine Exemption-Writing Docs

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It’s been two years since California rescinded the personal belief vaccine exemption, so since the fall of 2016, vaccine-concerned (VC) parents of school aged kids have needed to find a physician to write vaccine medical exemptions for their children. Right after the new law went into effect, the California Medical board filed charges against one of the most prominent VC docs, Bob Sears, for writing a court-case related letter excusing a child for all future vaccination based on the mother’s…

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Can a doctor recommend medical marijuana for a five-year-old in California?

Can a doctor recommend medical marijuana for a five-year-old in California?

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That’s the question that will be answered in a California medical board case I am trying this week in downtown Los Angeles. Back in 1996, California became the first state to allow for a doctor to recommend medical marijuana for patients with serious medical conditions. There was a lot of confusion initially as to what was required to issue the recommendation without getting into board trouble. The California law (called prop 215) by its terms granted physicians immunity from prosecution…

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I want to sue the Medical Board for Antitrust violations, because it’s restraining trade by prosecuting me for practicing my kind of medicine.

I want to sue the Medical Board for Antitrust violations, because it’s restraining trade by prosecuting me for practicing my kind of medicine.

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I hear that a lot from CAM docs. There is nothing more emotionally satisfying for a doc being prosecuted/persecuted by a medical board than to turn the tables and sue the board, its ignorant and venal board members and its executive director. Aside from the pure joy for the doc, isn’t the best defense a good offense? Good sentiment for sure, but regrettably, two problems First, board members are typically immune from damage awards regarding their decisions. That brings up…

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Burzynski and the Texas Medical Board’s Upcoming Face Off: It’s Time for the Texas Legislature to Complete the Medical Board Fix

Burzynski and the Texas Medical Board’s Upcoming Face Off: It’s Time for the Texas Legislature to Complete the Medical Board Fix

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On March 3, 2017, the Texas Medical Board (TMB) will decide on a sanction for Stanislaw Burzynski, M.D. Ph.D. in the current case against him. Because I am his long-time former attorney who handled both of his prior medical board cases and was the attorney on this case until a few months before the hearing, I have a unique perspective. But there’s a caveat: I am still bound by the attorney/client privilege. However, it’s a free country, and I can…

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Cali. Medical Board makes it official: Docs who write non- standard-of-care medical exemptions will be prosecuted, (but maybe not)

Cali. Medical Board makes it official: Docs who write non- standard-of-care medical exemptions will be prosecuted, (but maybe not)

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vaccineimage The elimination of the PBE (personal belief exemption) via SB 277 has put a lot of pressure on vaccine concerned California pediatricians to write medical exemptions for the children of vaccine concerned parents. The recently dismissed San Diego federal anti-SB 277 lawsuit showed that at least one school board is collecting information about the docs who write these medical exemptions and will forward the information to the medical board for prosecution. Based on some non-binding legislative history, and some…

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