STATE OF CALIFORNIA | Business, Consumer Services, and Housing Agency
GOVERNOR EDMUND G. BROWN JR. DIRECTOR PHYLLIS W. CHENG
DEPARTMENT OF FAIR EMPLOYMENT & HOUSING FAIR EMPLOYMENT & HOUSING COUNCIL 2218 KAUSEN DRIVE, SUITE 100, ELK GROVE, CA 95758 (916) 478-7248 | www.dfeh.ca.gov | e-mail fehcouncil@dfeh.ca.gov
FAIR EMPLOYMENT AND HOUSING COUNCIL
Meeting Notice and Agenda State Capitol, Room 127, Sacramento, CA 95814 December 10, 2013, 10:00 am I. Call to Order and Roll Call Chair Chaya Mandelbaum Welcome and Introduction of Guests Chair Chaya Mandelbaum and Councilmembers Review of the Agenda Chair Chaya Mandelbaum Approval of the Minutes Chair Chaya Mandelbaum and Councilmembers Attachment A: Minutes from the September 16, 2013 Meeting of the Fair Employment and Housing Council V. Councilmembers Reports Chair Chaya Mandelbaum and Councilmembers Department of Fair Employment and Housing Report Phyllis Cheng, Director, Department of Fair Employment and Housing Presentation of Civil Rights Leadership Award to Governor Edmund G. Brown, Jr. Acceptance and Address by Appointments Secretary Mona Pasquil Chair Chaya Mandelbaum Guest Speakers California Employment Lawyers Association (CELA) Noah D. Lebowitz, Partner, Duckworth Peters Lebowitz Oliver LLP, San Francisco Board Member, CELA
II.
III.
IV.
VI.
VII.
VIII.
Employers Group Harold M. Brody, Partner, Proskauer Rose LLP, Los Angeles Member, Legal Committee, Employers Group FAIR EMPLOYMENT AND HOUSING COUNCIL CHAYA MANDELBAUM CHAIRPERSON DALE BRODSKY COUNCILMEMBER CHANE FRANKLIN MINOR COUNCILMEMBER PATRICIA C. PEREZ COUNCILMEMBER ANDREW SCHNEIDERMAN COUNCILMEMBER
MEDICAL BOARD AND CISCO SYSTEMS (San Jose) Medical Board denied Dr. Sheikhs application for Physicians License because her husband filed a lawsuit against Cisco Systems. Dr. Sheikh successfully completed Family Practice Residency training and received a certificate of Residency Completion from U.C. Davis. Dr. Sheikh has recommendations from University of Texas and Stanford School of Medicine. Board accused Dr. Sheikh of incompetence then Board changed its story. Board falsely accused Dr. Sheikh of incorrectly submitting application form. On July 27, 2009 Administrative Law Judge signed orders for Board to release a copy of Application forms. The Board has denied compliance with Judges orders (because Boards story is a fiction). Members of the Board initiated an investigation on Business Practices of the Board. Can the Board stand against Corporate Power and let Dr. Sheikh practice her profession??? COMPOSITION OF THE BOARD IS A PROBLEM Current Chief of Licensing of Medical Board was a licensing expert for used Auto vehicles. Now he is an authority to license physicians. Ex President of Board has correctly suggested in his speech that the Board Members should be appointed on merit. LICENSING LAWS ARE UNFAVORABLE TO PHYSICIANS The Board Members are not allowed to review records before proposing a disciplinary decision. (B&P Code 2335). That violates Constitutional Right to Due Process (Fourteenth Amendment). Currently Board can propose any punishment to any physician (B&P Code 2227). That law violates Eight Amendment of the Constitution. With such logic, a person guilty of traffic violation can be punished to capital sentence. Dr. Sheikh has filed a Brief (Legal Arguments) with the Ninth Circuit Court of Appeals to Invalidate both laws unfavorable to Physicians. We the Physicians must speak with one voice before the Esteemed Court if we want to protect our rights. Please convey Dr. Sheikhs request for support to every organization representing physicians. Distributed at 37th CMA Annual Legislative Conference (Apr 5, 2011)
http://www.Physicianforfairness.com
Physicians For Fairness
PO Box 7978 Stockton CA 95267 Email: physicianforfairness@gmail.com Presented at State Bar Public Meeting, Sacramento, California
Date: March 7, 2013
Respectable Patrick M. Kelly President, State Bar of California & Officers & Members, State Bar of California Subject: Access to Justice for Physicians of California
Respectable President, Officers and Members, I want to bring an important issue to your kind attention; an issue faced by Physicians of California. The physicians in the state of California are unable to find attorneys to represent them in the Courts of law to assert their Core Constitutional Right to practice their profession without undue interference by the Medical Board (physicians are able to retain attorneys only for the administrative hearing process). As you know that the practice of Medicine is regulated in our State and the Regulations are executed by the Medical Board of California. The Medical Board can deprive a physician from ones Right to practice medicine via an interim suspension order without any accusations and without any hearing. In the hearing process, the Board assumes that a physician is guilty until proven innocent. A physician cannot prove innocence in the hearing process because the Board brings accusations, the Board acts as a Judge and jury; and then the Board refuses to review the record that is available before the Board. A Physicians Right to Appeal the adverse decision of the Medical Board has been replaced by a Petition where physicians do not have Right to hearing at all. The issues are so disturbing that several members of the Medical Board of California have resigned. We attended a seminar at the federal Court for Constitutional Rights of Prisoners. We joined ACLU on their Bus tour for Constitutional Rights of illegal immigrants. We are seeking everyones attention for restoring Constitutional Rights of Physicians in the state of California. In this regards, the State Bar of California can help restore Access to Justice for physicians by motivating attorneys to assert Constitutional Rights of physicians. We are grateful for your very kind attention. Respectfully Submitted, Rehan Sheikh Please review the Section Modern Era of Discipline of physicians (Farzana Sheikh v Medical Board. CA9)
http://www.facebook.com/PhysiciansForFairness
http://www.Physicianforfairness.com
Did the Medical Board Resign?
o
7 members of the Medical Board Resigned (mid 2011) MBC has yet to issue an Explanation of Resignations
o July 2011 Quarterly Meeting of the Medical Board commenced
without meeting quorum (Web Update May 1, 2012).
o Governor appointed two new members to meet quorum. o This is deemed that the Members refused to be part of a
malicious scheme to discipline innocent physicians.
o Did the Medical Board commit Mail Fraud?
(Web Update May 15, 2012).
http://www.Physicianforfairness.com Protection of Public or Violation of Rights?
http://www.facebook.com/PhysiciansForFairness Initiating Discussion on Selective Regulation of Physicians and Healthcare Providers
