California Court of Appeal

In a petition for review of a Medical Board order disciplining petitioner-physician, the petition is denied where, although Cal. Bus. & Prof. Code section 2239 requires a nexus between the physician's use of alcoholic beverages and his or her fitness to practice medicine, such nexus was established by the Legislature in all cases where a licensed physician used alcoholic beverages to the extent, or in such a manner, as to pose a danger to himself or others.

Appellate Information

• Decided 08/25/2009
• Published 08/25/2009

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Alexander W. Kirkpatrick, Pasadena, for Petitioner., Edmund G. Brown, Jr., Attorney General, Thomas S. Lazar, Supervising Deputy Attorney General, and Harinder K. Kapur, Deputy Attorney General, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.