Griffiths

I. Introduction

Business and Professions Code section 2239, subdivision (a) provides that if a physician sustains two or more misdemeanor convictions involving the consumption of alcoholic beverages, those convictions constitute unprofessional conduct. We hold that a logical connection or nexus exists between the convictions and the physician’s fitness to practice medicine, and therefore imposing discipline on a physician’s license pursuant to section 2239, subdivision (a) does not violate the due process and equal protection clauses of the California and United States Constitutions. Section 2239, subdivision (a) also makes the record of the convictions involving alcohol consumption conclusive evidence of unprofessional conduct. We hold that because a rational connection exists between convictions involving alcohol consumption and a physician’s fitness to practice medicine, the conclusive presumption of unprofessional conduct from those convictions does not violate the licensee’s right to due process of law. We deny the physician-licensee’s petition for writ of mandamus.

II. Facts and Procedural History

Accusation by the Medical Board of California: In February 1994,…