B. W. v. Board of Medical Quality Assurance

Opinion

THOMPSON, J.

In this case we are called upon to resolve the narrow question of whether the Board of Medical Quality Assurance (Board) is prohibited by Penal Code section 1000.5 1 from instituting disciplinary proceedings against a licensee, based solely on information obtained from his record of arrest, after the licensee has successfully completed a pretrial diversion program. (§§ 1000-1000.5.) For reasons to follow, we conclude that section 1000.5 applies to disciplinary proceedings of the Board and, hence, the Board is prohibited from relying solely on the arrest report of a…