Medical Bd. of California v. Superior Court
Opinion
Opinion
Gemello, J.
Does Business and Professions Code section 2354 permit disciplinary action against a physician’s license to practice medicine based solely on the physician’s failure to complete successfully a substance abuse diversion program? We conclude it does not.
When a physician “flunks out” of a diversion program, the Medical Board of California (Board) is authorized by statute to file an accusation charging any acts committed before, during, or after the physician’s agreed-upon participation in the diversion program. It must then prove impairment or unprofessional conduct by clear and convincing evidence. Where the circumstances of the physician’s termination from the diversion program do not otherwise evidence unprofessional conduct or impairment by this standard, we hold that the Board does not have authority to revoke or suspend a license based on the failure to complete the diversion program.
We affirm the trial court judgment vacating the administrative decision imposing discipline on Lee Roy Liskey’s medical license for failure to complete diversion under circumstances not otherwise sufficient to establish unprofessional conduct.