News & Analysis as of

Physicians Business & Professions Code

Holland & Knight LLP

Federal Bankruptcy Court Stays Envision Healthcare Litigation in California

Holland & Knight LLP on

Envision Healthcare Corp. and certain of its wholly owned subsidiaries (Envision) recently filed voluntary Chapter 11 petitions in the U.S. Bankruptcy Court for the Southern District of Texas (Bankruptcy Court). In re:...more

Womble Bond Dickinson

California Supreme Court Expands Ability of Public Interest and Non-Profit Trade Groups to Sue for Alleged Unfair Business...

Womble Bond Dickinson on

Can an organization sue you simply because it chose to divert resources to respond to your allegedly unfair business practices by claiming your practices are a perceived threat to its mission? The California Supreme Court...more

Procopio, Cory, Hargreaves & Savitch LLP

Why California Medical Staffs Should Review Their Bylaws

Many California medical staffs may be looking to start 2022 with updated bylaws. A recent case, Bichai v. Davita, Inc. (2021) 72 Cal.App.5th 1126, stands as a reminder that the bylaws cannot set forth a stricter burden of...more

ArentFox Schiff

New Year, New Reporting Requirements: California Entities Must Report Certain Patient Complaints of Sexual Abuse and Misconduct by...

ArentFox Schiff on

Spurred by physician sexual misconduct and abuse at high-profile institutions, California now requires clinics, health facilities, and “other entities” to report certain written allegations of a health care professional’s...more

ArentFox Schiff

Happy New Year, PAs and Supervising Physicians! Amendments to the California Physician Assistant Practice Act Simplify Supervision...

ArentFox Schiff on

Prior to these changes, physicians and PAs had to enter into “delegation of services agreements,” specifically delegating the medical services a PA could perform. If multiple physicians were supervising the PA – such as in a...more

ArentFox Schiff

Court of Appeal Rejects Bias Challenge to Peer Review Hearing Officer

ArentFox Schiff on

The case, Natarajan v. Dignity Health, attracted keen interest as the physician’s arguments, if adopted, would likely have disqualified numerous experienced hearing officers from service in California medical staff peer...more

Buchalter

Managing Problematic Hospital-Based Physicians in Light of Economy v. Sutter East Bay Hospitals

Buchalter on

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Buchalter

California Appellate Court Decision Impacts Ability to Terminate Hospital-Based Physicians

Buchalter on

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Fisher Phillips

Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

Fisher Phillips on

A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency...more

Allen Matkins

Ninth Circuit Finds California's Ban On Non-Compete Agreement Can Extend To Substantial Professional Restraints

Allen Matkins on

California, unlike other states, takes an absolutist view of covenants not to compete. Section 16600 of the Business and Professions Code declares, with certain exceptions, "every contract by which anyone is restrained from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

Fenwick & West LLP

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment

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Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more

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