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SMITH v. BOARD OF MEDICAL QUALITY ASSURANCE

Docket No. A038881.

202 Cal.App.3d 316 (1988)

248 Cal. Rptr. 704

JOHN PHILLIP SMITH, Plaintiff and Appellant, v. BOARD OF MEDICAL QUALITY ASSURANCE, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

June 22, 1988.

Attorney(s) appearing for the Case

COUNSEL

Jerome Berg for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, and Alfredo Terrazas, Deputy Attorney General, for Defendant and Respondent.

OPINION

CHANNELL, J.

In this case of first impression, we are asked to determine the constitutionality of section 2292 of the Business and Professions Code,1 authorizing the Board of Medical Quality Assurance2 to compel a physician to undergo a professional competency examination. Respondent board, without first granting appellant John Phillip Smith, M.D., the right to appear...

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