Mao v. Superior Court (Summary)

LICENSURE ACTION

Mao v. Superior Court, No. C058547 (Super. Ct. No. 03CS000736) (Cal. Ct. App. Nov. 25, 2008)

The California Court of Appeal held that the Medical Board of California could discipline a physician for her third criminal conviction for shoplifting because dishonesty by a physician is substantially related to the practice of medicine and, therefore, grounds for discipline. Further, the Board imposed five-year period of supervised probation and continuing psychiatric evaluation was not an abuse of discretion because of the repeat nature of her shoplifting offense and evidence demonstrating that her shoplifting was linked to psychological problems and treatable with psychotherapy. However, the automatic cancellation clause in the discipline, which automatically cancelled her license if she failed to practice medicine for a total of two years while residing in California, was not a reasonable condition because it was not necessary to ensure that she did not "sit out" her probationary term and it did not afford notice and hearing before the deprivation of an occupational license.