Khan

Khan v. Medical Board

Bad Law
12 Cal. App. 4th 1834·16 Cal. Rptr. 2d 385·1993 Cal. App. LEXIS 114·93 Daily Journal DAR 1765·93 Cal. Daily Op. Serv. 986
Court of Appeal of CaliforniaFebruary 5, 1993B061733California4,137 words

Opinion

Opinion

Nott, J.

Appellant Hameed A. Khan, M.D., brings this appeal following the denial of his petition for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) The superior court ruled in favor of respondent Division of Medical Quality of the Medical Board of California after the court reviewed the findings of a panel comprised of members of the Eleventh District Medical Quality Review Committee. The panel found that appellant had violated sections 2271 , 2234 and 2264 . Appellant’s approval to supervise physician’s assistants was revoked. His physician’s and surgeon’s certificate was also revoked, but the revocation was stayed for three years during which time appellant was placed on probation.

Appellant contends, among other things, that intent is an element of all three code sections under which he was disciplined. We hold that the language of each section clearly and unambiguously permits the discipline of a medical practitioner without a showing of intent, and we affirm the judgment.

Facts

Appellant acquired his California medical license in 1977. In March of 1982, he purchased a practice known as “South Torrance Medical Group.” At that time, he anticipated that his…

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