In a petition for review of a Medical Board order disciplining petitioner-physician, the petition is denied where, although Cal. Bus. & Prof. Code section 2239 requires a nexus between the physician's use of alcoholic beverages and his or her fitness to practice medicine, such nexus was established by the Legislature in all cases where a licensed physician used alcoholic beverages to the extent, or in such a manner, as to pose a danger to himself or others.
Filed August 25, 2009
Opinion by Judge Hull
Alexander W. Kirkpatrick, San Diego, CA
Harinder K. Kapur, Deputy Attorney General, San Diego, CA