Sela

INTRODUCTION

Plaintiff and appellant Michael Sela, M.D. (plaintiff), filed an appeal from the trial court’s judgment denying his petition for writ of mandate. Plaintiff sought in the trial court to set aside the decision of respondent Medical Board of California (Board) that rejected his request for early termination of the probationary restrictions on his medical license. Plaintiff appealed despite the express language of Business and Professions Code section 2337 (section 2337) that requires us to review by “a petition for an extraordinary writ” a trial court decision in a physician disciplinary matter that affects the status of a physician’s license. As the judgment is not appealable, we dismiss the appeal.

BACKGROUND

In March 1995, the Board revoked plaintiff’s medical license, finding that he had engaged in sexual abuse and sexual misconduct during gynecological pelvic examinations. In January 2000, the Board denied plaintiff’s first petition for reinstatement of his license. In February 2006, the Board granted plaintiff’s second petition for reinstatement of his license on certain terms and conditions. Those terms and conditions included revoking plaintiff’s…

Dissenting. — Respectfully, I dissent.

This case presents a threshold issue: By what procedure is a physician to obtain appellate review of a trial court’s affirmance of a decision by the Medical Board of California (the Board) denying the physician’s request to modify the terms of a prior Board decision imposing probationary conditions on the physician’s right to practice medicine? In denying the request of Michael Sela, M.D. (Sela), to modify the terms of his probation, the Board left in full force and effect its 2006 decision reinstating his license to practice medicine, subject to specified conditions of probation.* 1 The trial court affirmed this decision on Sela’s petition for writ of mandamus under Code of Civil Procedure section 1094.5. Sela filed the present appeal from the judgment entered after trial on his petition. This court asked counsel to file letter briefs addressing whether Business and Professions Code section 2337 requires that our review be undertaken solely by extraordinary writ. For the reasons stated below I conclude that review of the judgment entered after trial of Sela’s petition to modify the terms of his probation is by direct appeal rather than by…

INTRODUCTION

Petitioner and appellant Michael Sela, M.D., (petitioner) filed an appeal from the trial court’s judgment denying his petition for writ of mandate. Petitioner sought in the trial court to set aside the decision of respondent Medical Board of California (Board) that rejected his request for early termination of the probationary restrictions on his medical license. Petitioner appealed despite the express language of Business and Professions Code section 2337 (section 2337) that requires us to review by “a petition for an extraordinary writ” a trial court decision in a physician disciplinary matter that affects the status of a physician’s license. As the judgment is not appealable, we dismiss the appeal.

BACKGROUND

In March 1995, the Board revoked petitioner’s medical license, finding that he had engaged in sexual abuse and sexual misconduct during gynecological pelvic examinations. In January 2000, the Board denied petitioner’s first petition for reinstatement of his license. In February 2006, the Board granted petitioner’s second petition for reinstatement of his license on certain terms and conditions. Those terms and conditions included revoking petitioner’s newly…