Category Archives: General Public Interest
Voidable Employer Agreements
A “voidable” agreement is one that may appear at the outset to be capable of being enforced, however, it can thereafter be attacked, invalidated, nullified, deemed not binding, void and unenforceable. In contrast, a “void” agreement from the beginning cannot be legally enforced. On October 13, 2019, the governor signed Assembly Bill 51, to be … Read More
Independent Contractor or Employee?
On September 18, 2019, California Governor Newsom signed into law Assembly Bill 5 that establishes the minimum requirements to be classified as an “Independent Contractor;” otherwise effective January 1, 2020, these individuals will be deemed employees with all of the rights and benefits typically afforded to workers. The background for the new law stems from … Read More
FETAL TISSUE RESEARCH
Recently, the National Institutes of Health (NIH) issued restrictions on obtaining research grants using “fetal tissue” in order to qualify for federal funding. It is important to note that “fetal research” is generally research that is performed using living fetuses either inside the uterus (in utero) or outside the uterus (ex utero). However, fetal research … Read More
DOCTOR’S DISCLOSURE ON PROBATION
On September 19, 2018, our former California Governor Brown approved Senate Bill No. 1448 into law. It is effective July 1, 2019. Under the current laws, the Medical Board of California issues licenses to, as well as regulates and imposes discipline upon physicians and surgeons. Similarly, there is the Osteopathic Medical Board of California, State … Read More
Restrictions on State Agencies From Utilizing Convictions and False Statements
Effective July 1, 2020, AB 2138 becomes operative as law in California (approved and signed by the Governor 9/30/18), as follows: Under current law, the licensing and regulation of various professionals and occupations fall within the Department of Consumer Affairs. These state agencies are empowered to take disciplinary action against a licensee, including to deny … Read More
Important Choices To Preserve Humanity
President Harry Truman, on April 11, 1952, signed into law a bill that proclaimed the National Day of Prayer. Thereafter in 1988, President Ronald Reagan amended the law designating the first Thursday of May each year as the National Day of Prayer. While it is not a public holiday, there are countless prayer gatherings across … Read More
Exceptional Attorney and Essential
There may have been a point when one distinguished between exceptional and essential. Many individuals may have been content in utilizing a physician, dentist, accountant, and/or an attorney, perhaps as long as they were not inferior. However, is it any different in reading or watching the news, utilizing a barber or beautician, going out to … Read More
The Future of Healthcare Technologies and Interoperability
The U.S. Department of Health and Human Services (HHS) has recently proposed new Rules in which the concept of INTEROPERABILITY will [continue to] increase the positive impact on our health system in general, and our own health care in particular, by utilizing electronic devices. What does Interoperability mean? I will summarize it being a process … Read More
New California Law: Use and Abuse of Drugs
Effective January 1, 2019, Business and Professions Code Section 740 became new California law (Assembly Bill  2760 was signed by then Governor Brown on September 10, 2018) requiring those who prescribe medication to be more vigilant of patients who have an increased risk of substance abuse. A prescriber is now required to provide education to … Read More
LINGUISTICS AND THE PRACTICE OF LAW
Linguistics is the study of language. It is reflected in everything we say and what we do. Essentially, it impacts how we communicate with others. In this regard, every word can have significance; many of which are like a double-edged sword, in which there can be two completely different meanings. To be effective in the … Read More