Plata

ORDER GRANTING IN PART AND DENYING IN PART RECEIVER’S MOTION FOR WAIVER OF STATE LAW REGARDING PHYSICIAN CLINICAL COMPETENCY

This matter comes before the Court on the Receiver’s motion for a waiver of state law regarding physician clinical competency. After carefully considering the voluminous briefing and record in this case and relevant law, the Court now GRANTS IN PART and DENIES IN PART the Receiver’s motion to waive state law to allow changes to the physician peer review process. As discussed below, the Court finds that changes to the existing system of physician peer review within the California Department of Corrections and Rehabilitation (“CDCR”) are constitutionally required. The Court further finds that the majority of the changes proposed by the Receiver should be adopted as unopposed. Finally, the Court concludes that the State Personnel Board (“SPB”) must review the medical findings of physician peer review panels under the “substantial evidence” standard proposed by the Receiver rather than the “great weight” standard proposed by the SPB, and that implementing a “substantial evidence” standard of review does not violate the California Constitution.

PROCEDURAL…