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Category: Medical Board info

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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Press Release re Dr. Bob Sears case with Ca. Medical Board

Press Release re Dr. Bob Sears case with Ca. Medical Board

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“I represent Dr. Bob Sears in the California Medical Board’s case against him for writing a medical exemption from vaccination. We take the board’s accusation seriously. But this case is very clear: this child had two unusual and severe vaccine reactions and his situation warranted a medical exemption. To continue vaccination could have put the child at risk of further harm. All physicians have an ethical duty to do no harm to a patient. This is no less true when…

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THE “RIGHT TO ASSOCIATE” STOPS ALL INVESTIGATIONS AND PROSECUTIONS!

THE “RIGHT TO ASSOCIATE” STOPS ALL INVESTIGATIONS AND PROSECUTIONS!

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(I’m just kidding, but the proponents selling this stuff aren’t) In the last 30 years, I have heard all manner of crazy legal ideas propounded by nonlawyer “legal experts” which supposedly immunize or protect licensed and/or unlicensed health care practitioners from government oversight, investigations and prosecutions. Most of the ideas are based on the one of the first 10 constitutional amendments (12, if you’re Donald Trump). For example, take the Ninth Amendment, which provides that “The enumeration in the Constitution,…

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Board subpoenas , Yes (usually); De facto search warrants, No

Board subpoenas , Yes (usually); De facto search warrants, No

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TMB personnel face damage claim for illegally trying to search and seize medical records  In the late 1980s, my New York law firm did some work for Robert Atkins involving the New York medical board, (aka the Office of Professional Medical Conduct). The board wanted the records of a number of his ozone therapy patients. The patients didn’t want their records released, so Bob Atkins hired our firm to try to quash the subpoena.   We made precedent, but not in…

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