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Legal Updates for California

Medical Board of California v. Ken Stoller

June 19, 2020

Last summer, the Medical Board of California filed a disciplinary complaint (“Accusation” in California procedure) against Dr. Ken Stoller for writing 10 medical exemptions beyond the ACIP recommendations. Ken, like many other physicians, thought that he had the discretion to do so under the then existing SB 277, which eliminated the personal belief exemption, but according to its sponsor, Richard Pan, created a more robust ME, and gave physicians the discretion to write exemptions based on “family history” among other reasons. Upwards of 10,000 families received these broad ME’s, most of the physicians who wrote them are now under board investigation. Ken’s case will likely be the first case to be heard on this issue. Ken is being represented by Rick Jaffe, Esq, a well know health litigation who specializes in working with cutting-edge physicians like Ken. He represents most of the NorCal physicians currently under investigation. Because of the importance of this case, CHD supported Ken by helping pay a portion of Ken’s legal fees, and is following the case closely.