Is section 2337 of the California Medical Board's Medical Licence Review Act, which bars a physician from appealing an administrative decision in the superior court?

California, United States of America


The following excerpt is from Leone v. Medical Bd. of Cal., 22 Cal.4th 660, 94 Cal.Rptr.2d 61, 995 P.2d 191 (Cal. 2000):

With respect to the additional concern noted in the concurring opinion in Powers the rights of the litigants section 2337 is within the constitutional latitude recognized by that opinion in permitting legislative innovation, since the statutory provisions are "compatible with the particular issue or ruling subject to review and ... serve to promote a fair and efficient judicial system." (Powers, supra, 10 Cal.4th at p. 123, 40 Cal.Rptr.2d 839, 893 P.2d 1160 (cone. opn. of George, J.).) The restriction on appellate review serves a significant public interest in the speedy removal of incompetent physicians from the practice of medicine. (See Kees v. Medical Board (1992) 7 Cal.App.4th 1801, 1813, 10 Cal.Rptr.2d 112 [government has a pressing need to protect the public from the risk of harm presented by physicians who cannot practice medicine safely].) Moreover, the statutory procedure for reviewing an administrative decision revoking, suspending, or modifying a physician's license to practice medicine includes what is essentially the equivalent of a direct appeal the physician is afforded the right to a full and complete hearing at the administrative level, and then has the right to obtain review of the administrative decision through administrative mandate in the superior court.

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