Lee v. Board of Registered Nursing

Good Law
147 Cal. Rptr. 3d 269·2012 Cal. App. LEXIS 1016·209 Cal. App. 4th 793·2012 WL 4378195
Court of Appeal of CaliforniaSeptember 26, 2012No. A132197California1,799 words

Opinion

Lead Opinion

Richman, J.

*795 Opinion

Sections 820 and 821 of the Business and Professions Code 1 authorize revoking of the license of a health care professional for failure to comply with an order requiring a mental fitness examination. Here, following a hearing before an administrative law judge, the Board of Registered Nursing (Board) revoked the registered nurse license of Ophelia Lee after she refused to submit to such an examination. The trial court denied Lee’s petition for a writ of administrative mandate seeking to overturn the revocation. Lee appeals that denial. We affirm.

BACKGROUND

Lee has been a registered nurse since 2000. In 2007, her employer, Eden Medical Center, began to have doubts about Lee’s mental condition to continue working in the surgical unit. During that year, Lee was examined by five mental health professionals. Two, Drs. Zhalkovsky and Kirz, diagnosed her as suffering from delusions that would impair her ability to function as a nurse. Three others, Drs. Webber, Ho, and Spivey, found no such impairment.

On April 22, 2009, the Board ordered Lee to submit to an examination by a psychologist or psychiatrist selected by the Board no later than May 22. Because Lee did not…

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