Med. Bd. of Cal. v. Superior Court,

Med. Bd. of Cal. v. Superior Court,
No. C037790 (Cal. Ct. App. Jan. 7, 2002)

The Medical Board of California appealed after the Superior Court reduced
a penalty the Board had imposed on a gynecologist and obstetrician (OBGYN) for
unprofessional conduct. The Board made 175 factual findings involving at least
15 acts of inappropriate sexual comments and touching with patients and hospital
nursing staff. The Board revoked the OBGYN’s license, then stayed the revocation
and placed him on probation. The Board further required that the OBGYN submit
to conditions on his license including enrollment in an ethics course, the presence
of a chaperone during all examinations of female patients, and clinical training
through the state’s physician assessment and clinical education program to obtain
an understanding of appropriate sexual boundaries.

The Superior Court upheld the Board’s finding of unprofessional conduct but
found the penalty too severe and ordered the Board to impose a new sentence.
The Board appealed. The Court of Appeal of California ruled that the imposition
of a penalty for unprofessional conduct was within the discretion of the Board.
The court further ruled that the Board’s decision may not be disturbed unless
it is arbitrary, capricious, or an abuse of discretion. The court concluded
that reasonable minds could differ as to the appropriate penalty, and the Superior
Court was therefore not at liberty to overrule the Board’s decision.