Marek
Marek v. Board of Podiatric Medicine
Opinion
Opinion
Boren, J.
The Board of Podiatric Medicine, Medical Board of California, Department of Consumer Affairs (the California Board) appeals from a judgment granting a writ of administrative mandamus (Code Civ. Proc., § 1094.5) brought by Dr. Neal Allen Marek and Dr. Robert G. Basinger (petitioners). Petitioners had successfully challenged in the superior court the California Board’s disciplinary order, which had revoked the license of each doctor but stayed revocation and placed each on probation for a three-year period upon specified terms and conditions.
Petitioners had previously entered into a consent decree in Nevada, pursuant to which, and by petitioners’ express agreement, the Nevada State Board of Podiatry (the Nevada Board) issued an order which revoked petitioners’ licenses to practice and placed them on three years’ probation upon certain terms and conditions. In the consent decree, petitioners made no admission of wrongdoing, and the Nevada Board imposed discipline solely pursuant to petitioners’ consent, without formally presenting evidence. The principal issue in this case is whether, pursuant to Business and Professions Code section 2305, the Nevada Board’s order, issued…