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MEDICAL BD. OF CALIFORNIA v. SUPERIOR COURT

No. A101128.

4 Cal.Rptr.3d 403 (2003)

111 Cal.App.4th 163

MEDICAL BOARD OF CALIFORNIA, Petitioner, v. SUPERIOR COURT for the City and County of San Francisco, Defendant and Respondent; Lee Roy Liskey, M.D., Real Party in Interest.

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

As Modified August 14, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Atty. Gen., Carols Ramirez, Senior Asst. Atty. Gen., Vivian H. Hara, Alfredo Terrazas, and Thomas P. Reilly, Deputy Attys. General, CA, for petitioner.

No appearance for respondents.

Mortimer H. Herzstein, San Francisco, N. Lee Ormasa, for real party in interest.

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...

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