Latino Med Policy Institute Request Audit of Medical Board of California Disciplinary Actions Re: Black and Latino Physicians

Oct. 16, 2006 - Latino Med Policy Institute - Robert A. Beltran, M.D., M.B.A., FACMQ, CHCQM, FAIHQ

To : Honorable Assemblyman Dymally

Background

It has been brought to the attention of the Institute that over the past several years a growing perception by African American and Latino physicians of disproportional and disparate Disciplinary Actions by the MBC.

Minority physicians take care of a disproportionate number of high service intensity and high illness acuity patients in underserved areas. Considering the decrease number of quality medical and hospital facilities available to deliver high quality care in their communities, the probability of having expected highly complex and difficult to manage patient care circumstances is clearly present.

When this occurs, it has come to our attention that in many cases the MBC utilizes medical experts who have minimal experience in delivering care to a similar high risk minority population. This calls into question the process of fair “peer review” and the “standard of care” determination that are reached during the administrative law process.

Minority physicians represent 7-10% of the practicing physicians in California, however with regards to disciplinary actions issues they may in fact represent a disproportionate percentage of cases.

An initial phone survey and review of the Action Report published by the MBC revealed at least 10 -15 minority physicians who have had disciplinary actions in the past 6 months.

The process of mitigating the disciplinary actions results in financial, psychological, professional and personal hardships.
Minority physicians are valuable and essential health care providers to minority communities throughout California. Therefore they should be evaluated within the context of the minority communities in which they practice, the limited medical resources available to them and their patients and the complex high risk nature of medical conditions which they manage.

The MBC is obligated to ensure high quality medical care delivered by California Physicians and to protect the health and safety of the public.

If the MBC disciplinary actions are allowed to be disproportional to the intensity and severity of the medical care violation, minority physicians are place at a disadvantage and suffer undue discrimination and lack of due process.


Index Cases:

Alfonso Baez, M.D. vs. MBC

Robert Rudy Beltran, M.D. vs. MBC

Robert Alan Beltran, MD vs. MBC

Paul Duran, MD vs. MBC

Reference letter- Dr. Ernest Leviater, Riverside California