Medical Bd. of California v. Superior Court

Opinion

GEMELLO, J.

Does Business and Professions Code section 2354 permit disciplinary action against a physician’s license to practice medicine based solely on the physician’s failure to complete successfully a substance abuse diversion program? We conclude it does not.

When a physician “flunks out” of a diversion program, the Medical Board of California (Board) is authorized by statute to file an accusation charging any acts committed before, during, or after the physician’s agreed-upon participation in the diversion program. It must then prove impairment or unprofessional conduct by clear…