California court upholds medical board’s authority to post physician disciplinary information

The California Court of Appeal has upheld a trial court’s denial of a petition for writ of mandamus which would have ordered the board to remove from its website information about the plaintiff physician’s past disciplinary record. The physician had argued that certain California statutes (Bus. & Prof. Code §§ 803.1 and 2027) did not permit the board to post information on its website pertaining to the plaintiff’s completion of a probation period. The court held that the plain meaning of the statutes demonstrate that the board is specifically required to post on the Internet information about a physician’s disciplinary history. Furthermore, despite an apparent drafting error in the enacted version of §2027, the court held that a review of the legislative intent also supported the conclusion that posting the disciplinary history was mandatory.

Szold v. Medical Bd. Of California, — Cal.Rptr.3d —, 2005 WL 589433 (Cal.App. 4 Dist., March 15, 2005).