Filed 5/23/08
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
AMERICAN BOARD OF COSMETIC SURGERY,
INC.,
C054718
(Super. Ct. No.
06CS00921)
Plaintiff and Respondent,
v.
MEDICAL BOARD OF CALIFORNIA et al.,
MODIFICATION OF
OPINION UPON DENIAL OF
PETITION OF REHEARING
Defendants and Appellants.
THE COURT:
The opinion of this court filed April 28, 2008, in the
above entitled case is modified as follows:
1.
On page 20, 9th line down, italicize the rest of the
sentence starting with “and are”.
2.
On page 20, 1st full paragraph, 3d line, delete “a
recognized ABMS board.” and substitute the following in its
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place: “an ACGME or RCPSC accredited program in a related
specialty or subspecialty area of medicine.”
3.
On page 20, 1st full paragraph, 6th line down, delete
“ABMS member board” and substitute in its place “ACGME or RCPSC
accredited program,”.
4.
On page 20, second full paragraph, insert the following
sentence before the first sentence of that paragraph:
“When
determining equivalency, the initial question must always be,
equivalent to what.”
5.
On page 20, second full paragraph, 3rd line down,
italicize the word “general”.
6.
On page 21, 7th line down, add “generalized” between
“upon” and “standards”.
At the end of that same sentence add
the following:
“Indeed, in its petition for rehearing, ABCS
acknowledged that an ACGME or RCPSC accredited postgraduate
program is “an ABMS requirement.”
Unless the ACGME or RCPSC
accredited postgraduate training program required for
subspecialty certification by an ABMS member board is used to
determine equivalency, the Division’s medical expert is
essentially tasked with the responsibility of determining and
setting accreditation requirements.
Needless to say, that task
is well beyond the expertise and scope of a single medical
expert hired to determine equivalency under section 651,
subdivision (h)(5)(B)(ii).”
The sentence after that starting with “This construction”
should be made into a new paragraph.
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7.
On page 23, 13th line down, delete “a specialty member
board recognized by the ABMS or by a non-ABMS specialty board
approved by the Board” and replace it with the following:
“an ACGME or RCPSC accredited program in a related
specialty or subspecialty area of medicine.”
As modified, the petition for rehearing is denied.
modification does not effect a change in the judgment.
BY THE COURT:
BLEASE
, Acting P. J.
SIMS
, J.
HULL
, J.
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This