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Stephen M. Boreman, Esq.
San Francisco and Sacramento, CA
California Medical Licensing And Administrative Law Attorney
Interests: California Medical Board, Physician Assistant Committee, CA Board of Registered Nurses, CA Board of Psychology, CA Physical Therapy Board, Federal Regulatory Authorities.
Recent Activity
A physician who graduated from a Russian medical school who was already licensed in another state ran into a bureaucratic wall when she applied for a California license. The staff in the Licensing Division at the Medical Board incorrectly informed the physician that her medical school was required to provide a certified English translation of her transcript directly to the Board. The Russian medical school had no program or service available to provide a certified translation of her transcript. The physician contacted me at the firm of Slote, Links & Boreman, LLP for assistance, having learned of my extensive experience... Continue reading
Posted Apr 5, 2014 at California Medical License Law
An out of state physician's residency was not renewed and he sought completion of his residency training at another program. His initial residency difficulties had to be reported on his application for a California medical license, creating possible grounds for denial of his license application. He contacted the firm of Slote, Links & Boreman, LLP, for assistance after learning on our website that I had experience with the Licensing Division of the California Medical Board. After reviewing physician's license application and the documentation pertaining to his first residency, including evaluations and the circumstances surrounding non-renewal, we assisted the physician in... Continue reading
Posted Apr 5, 2014 at California Medical License Law
Following submission of a written statement, our analysis of the law related to the DUI convictions and what the Board could consider, and the alcohol evaluation report, the client received a free and clear California medical license. He is presently practicing medicine in Northern California. He happily moved his family from the East Coast following issuance of his license. Continue reading
Posted Apr 5, 2014 at California Medical License Law
"This article focuses on ethical problems and boundary violations. These often involve unethical conduct, dishonesty as well as sexual misconduct." Continue reading
Posted Jan 11, 2014 at California Medical License Law
A Third Year medical resident with a prior program suspension and non-renewal of his residency received his California medical license after changing programs. He had attorney assistance with this process. Continue reading
Posted Dec 16, 2013 at California Medical License Law
Graduates of foreign medical schools applying for either a Postgraduate Training Authorization Letter (PTAL) or for a medical license may be chagrined to find that their school, while respected by other states, has not been recognized by California and its medical board. This can mean significant delays and missed residency matches for graduates seeking authorization to train in California or to obtain a California license if they have less than ten years with an unrestricted license in another state and board certification in their specialty. (See CA Business and Professions Code Section 2135.7). Caliornia's medical board does not seek out... Continue reading
Posted Oct 18, 2013 at California Medical License Law
Graduates of unrecognized or even disapproved medical schools seeking a California Medical License have reason to celebrate recent changes to the California Business and Professions Code. Prior to January 2013, graduates of unrecognized foreign medical schools, even if licensed in other U.S. states, had to wait until their school had undergone the formal recognition in process with the Medical Board of California before they could apply for a license here. Graduates of disapproved schools were simply out of luck. All that has changed. Senate Bill 122 (2011-12), Ch. 789, Statutes of 2012, made it possible for graduates of unrecognized and... Continue reading
Posted Oct 18, 2013 at California Medical License Law
Graduates of foreign medical schools that have been approved by the Medical Board of California (See Medical Board of California website at www.mbc.ca.gov (Approved and Disapproved Medical Schools) must apply for a Postgraduate Training and Authorization Letter (PTAL), or “California Letter” (formerly known as an California Applicant Status Letter) before applying through ERAS for a California medical residency match. The PTAL application process is fairly straight forward and includes documentation of courses completed and USMLE scores. Remember, if your medical school has not yet been accredited by the Board, you will not be issued a PTAL. Your medical school must... Continue reading
Posted Oct 18, 2013 at California Medical License Law
". . .a legal and ethical framework from which the medical practitioner may avoid unwanted scrutiny from state and federal agencies and licensing boards," Continue reading
Posted Oct 13, 2013 at California Medical License Law
Lately there has been a lot of noise in the news media about the Medical Board of California and question of whether doctors are over-prescribing pain medications. As administrative law attorneys representing doctors in accusation hearings, we are concerned when the public focus turns to blaming doctors and physician assistants for the lack of treatment and control of drug addiction, rather than looking to the source of the problem or lack of resources in the community. In May 2013 dozens of parents whose children overdosed on prescribed pain medications attacked the Medical Board at a Senate hearing. The parents blamed... Continue reading
Posted Aug 25, 2013 at California Medical License Law
A letter from the California Medical Board arrives at a physician’s office. It informs the doctor that a patient (or family member) has filed a complaint. The letter demands a certified copy of the patient’s medical records and requires the physician to submit a written statement of care in defense of the complaint per Bus. & Prof. Code § 800 (c). A two week deadline is usually imposed--not long for a physician with a busy practice. What should the doctor do? Does he or she need an attorney at this point? First, we recommend contacting counsel experienced in defending physicians... Continue reading
Posted Aug 25, 2013 at California Medical License Law
A California Urgent Care physician received a patient complaint to the Medical Board of California alleging that the doctor had refused to provide the patient with proper pain medications, improperly refused to change medications when the patient had an adverse reaction, ignored test results, and refused to provide proper testing to diagnose and treat the patient's injury. The complaint also alleged inaccuracies in the patient's medical records. The Medical Board demanded that the physician provide all pertinent medical records along with a written narrative of his treatment and care of the patient. After acquiring and reviewing the records with counsel,... Continue reading
Posted Aug 25, 2013 at California Medical License Law
A client received a complaint from the Medical Board of California alleging over-anesthetizing and improper care related to a patient's surgery. The underlying case involved a teen-age patient who underwent oral surgery under general anesthesia administered by our client at an oral surgeon’s office. When the anesthesia began to wear off, the patient’s eyes remained closed and he became violent, thrashing about, pulling out the intravenous lines, and acting in a threatening manner to the staff. The patient was restrained to prevent injury. The patient’s reaction after surgery is referred to by anesthesiologists as “emergence excitement,” a known medical reaction... Continue reading
Posted Aug 25, 2013 at California Medical License Law
A family practice physician received notice from the Medical Board of California of a patient complaint. The board asked for patient medical records and a written response to the complaint. An elderly patient alleged the doctor was negligent when her prescription for medication to control tremors was erroneously increased. The patient asserted that this error caused dizziness and a fall resulting in injury to her wrist. She complained that her injury resulted in permanent physical limitations and continuous pain. The doctor was informed of the patient’s injury and discovered the prescribing error when he was notified that she was seen... Continue reading
Posted Aug 25, 2013 at California Medical License Law
A California Osteopathic physician surrendered her license after an accusation was filed charging her with unprofessional conduct, negligence, and dishonesty. Her journey toward reinstatement involved careful planning and legal advisement on providing clear evidence of rehabilitation and safety to practice. A hearing was held on a resubmitted Petition for Reinstatement on September 20, 2012. Attorney Steve Boreman represented the physician at the administrative hearing before the full Osteopathic Medical Board of California. The Deputy Attorney General assigned to the case argued that there was insufficient evidence of rehabilitation. On October 11, 2012, the Board issued a decision reinstating the physician's medical license, notwithstanding the Attorney General's position. Continue reading
Posted Oct 13, 2012 at California Medical License Law
An Osteopathic physician surrendered her medical license following the filing of an accusation charging her with unprofessional conduct, negligence, billing fraud and dishonesty. After being diagnosed and treated for a bipolar II condition, she sought reinstatement and was denied. The following year, following advice and recommendations from attorney Steve Boreman, she resubmitted her petition for reinstatement of her medical license. A hearing was held on a resubmitted Petition for Reinstatement on September 20, 2012. Steve represented the physician at the administrative hearing before the full Osteopathic Medical Board of California. The Deputy Attorney General assigned to the case argued that there was insufficient evidence of rehabilitation. On October 11, 2012, the Board issued a decision reinstating the physician's medical license, notwithstanding the Attorney General's position. Continue reading
Posted Oct 13, 2012 at CaliforniaMedicalLicensingService
No doctor wants to be contacted by a California Medical Board investigator and questioned about allegations of an inappropriate sexual relationship with a patient, especially if that doctor believes it was the patient, and not the doctor who initiated and engaged in inappropriate contact. The potential professional and personal consequences as well as general fall-out of allegations such as these are just too serious and damaging. According to an article on the Medical Board's website, however, “It does not matter that the patient is willing. It does not matter if the patient flirts. It is the physician's responsibility, as the professional, to take whatever measures are necessary to prevent a sexual relationship from occurring.” Continue reading
Posted Jul 18, 2012 at California Medical License Law
No doctor wants to be contacted by a California Medical Board investigator and questioned about allegations of an inappropriate sexual relationship with a patient, especially if that doctor believes it was the patient, and not the doctor who initiated and engaged in inappropriate contact. The potential professional and personal consequences as well as general fall-out of allegations such as these are just too serious and damaging. Dr. William Joseph Roy, Jr. M.D., found himself in just those circumstances in 2007, when the Medical Board filed an acccusation charging him with gross negligence in violation of Business and Professions Code section 2234(b) and sexual misconduct in violation of section 726. The conduct alleged occurred in 2001. The filing of the accusation was followed by an administrative hearing in 2008. After the hearing, the Administrative Law Judge found that, while Roy had engaged in "brief" , one-sided, inappropriate sexual contact with a patient, no discipline was warranted. The Medical Board nonadopted the proposed decision, and imposed a Public Reprimand with terms and conditions including enrollment in a Professional Boundaries program and taking an Ethics course. The Board's action led to an unsuccessful Writ of Mandamus filed by Roy (seeking to overturn the Board's actions), and finally, a formal appeal. See Roy v. Superior Court,198 Cal. App. 4th 1337 - Cal: Court of Appeal, 3rd Appellate Dist. (2011). Continue reading
Posted Jun 6, 2012 at California Medical License Law
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In zazen you will discover your true face, your true mind. And that true mind will tell you what is so and what is not so. As Suzuki Roshi said, “Just sit and see what happens.” (“Not Always So”, p. 70). Sit so that when you are not sitting you will know to do right things. Don’t think. Just sit. Please. Just sit. The rest-- the Precepts, the Sutras, the Dharma and Enlightenment itself, are all there in the emptiness of just sitting. Continue reading
Posted Jun 2, 2012 at Zen Practice: On Just Sitting
This article looks at only one area as a basis for a Medical Board Accusation and disciplinary action: Negligence. Physician negligence is regulated by Business and Professions Code Section 2234 (b) [Gross Negligence] and (c) [Repeated Negligent Acts]. Continue reading
Posted May 23, 2012 at California Medical License Law
A California Physician's Petition for Reinstatement of a Surrendered or Revoked medical license always involves a mandatory interview with an investigator from the Medical Board of California. Legal preparation for the interview may significantly enhance the physician-petitioner's chances for success. Continue reading
Posted May 16, 2012 at California Medical License Law
Physicians who abuse alcohol or plead to or are found guilty of Driving Under the Influence are potentially subject to discipline by the Medical Board of California, whether or not it is a first offense, and whether or not the doctor was involved in medical practice, coming from or going to work at the time of arrest. The result(s) can have serious consequences for a medical practice. Continue reading
Posted May 11, 2012 at California Medical License Law
The California Medical Board, Licensing Division, has authority to issue or deny applications for a Physician's and Surgeon's Certificate. See California Bus. & Prof. Code Section 2089. Applicants must have graduated from a recognized medical school (which includes all U.S. and Canadian medical schools) with at least 32 months, 4000... Continue reading
Posted Apr 25, 2012 at CaliforniaMedicalLicensingService
How to make sure your international medical degree will be accepted by the Medical Board of California. Continue reading
Posted Apr 23, 2012 at California Medical License Law
Physicians, including recent medical school graduates and physicians from other states or countries seeking a California medical license must fill out a state application which includes pages L1C and L1D, each of which asks a question pertaining to criminal actions. Question #23 on page L1C asks "Have you ever been convicted of, or pled guilty or nolo contendere to ANY offense in any state in the United States of foreign country?" Question 24 on page L1D asks "Is any criminal action pending against you?" These questions appear straight forward; however, it is amazing how often physician applicants are confused about... Continue reading
Posted Apr 21, 2012 at California Medical License Law