Medical Board Explains 3-Year Delay in Revoking Conrad Murray License After Michael Jackson Death
When I saw that the Medical Board of California had finally made a move to revoke Dr. Conrad Murray's license following the death in June 2009 of Michael Jackson, I asked the board's Director of Public Affairs, Dan Wood, what took so long. His response was interesting enough to merit a post. Here's what he had to say:
First of all, the Medical Board of California has, as part of its mission, the obligation to "protect health care consumers." When Dr. Murray appeared for arraignment in court on February 8, 2010, the Honorable Judge Keith Schwartz heard a motion and recommendation from our agency urging restrictions be placed on Dr. Murray's practice of medicine. Judge Schwartz heard the motion and arguments and made the following ruling as written in court documents and available on our website www.mbc.ca.gov:
The court makes the following medical practice restrictions: The defendant (Dr. Conrad Murray) may not use any anesthetic agent, specifically propofol, no prescribe it, and do not administer any other heavy sedative medications that should generally be administered by any anesthesiologist. The defendant may not sedate people personally. This order is to cover the state of California, Texas, Nevada, Hawaii and anywhere else the defendant may be currently licensed in the United States.
At our recommendation to the court, the public was being protected as Dr. Murray pursued his right to due process and investigators pursued evidence for the case against him.
On January 11, 2011 after numerous hearings and denial of a motion to dismiss, the court determined there was enough evidence to pursue increased charges against Dr. Murray. The court then ordered his bail increased to $300,000 and on top of the standing order prohibiting him from administering anesthetics, issued the following additional restrictions.
Dr. Murray is to immediately cease and desist from practicing medicine in the state of California. His privilege and right to practice medicine in this state is suspended by this court.
The judge also gave Dr. Murray and his counsel 24 hours to notify the Medical Board of California of the ruling and 48 hours to provide proof of notification to the court. The notification was made via a 20 page fax from Dr. Murray's counsel to the Medical Board of California. Again, health care consumers were protected as the investigation and case progressed.
At the same time, the Medical Board's investigation continued, and it was learned that the Nevada State Board of Medical Examiners had issued a reprimand because Dr. Murray was in arrears on court order child support. This was a violation of California Business and Professions' Code sections 141(a), 2234 and 2305. Bearing in mind that Dr. Murray was under court order to "cease and desist" from the practice of medicine, this was an additional mark against Dr. Murray as the Medical Board of California continued to amass documentation for future actions against Dr. Murray and his license to practice medicine.
On November 7, 2011 Dr. Murray was found guilty of one count of involuntary manslaughter. At the time of the guilty verdict, Dr. Murray was remanded into custody and bail was revoked. On November 29, 2011 he was sentenced to the maximum term, allowable under the law, of four years in the Los Angeles County jail. This triggered an automatic suspension of his California license to practice medicine.
At all times from arrest to conviction and sentencing, Dr. Murray's right to practice medicine was either restricted or suspended, and health care consumers were being protected. Had the court not agreed to our recommendations for restriction and suspension, the Medical Board of California would have swiftly pursued such restrictions on its own. Since the court did rule in favor of the motion to restrict as we recommended, the Medical Board of California was able pursue its case against Dr. Murray without need for additional resources and personnel that would have jeopardized other investigations and cases the medical board was invested in. This allowed maximum protection of health care consumers in accordance with our mission. Speeding up the revocation case against Dr. Murray would have accomplished nothing beyond the court orders Dr. Murray was already under and in fact may have endangered consumers by redirecting resources away from other cases.
I remind you that the Medical Board of California's maximum discipline for a physician or surgeon is the revocation of his or her license. Since this was effectively done by the court a rush to accomplish the same result would not have been in the best interest of health care consumer of which we are charged with protecting.
I trust this clears up the matter of why it has taken this amount of time to file an accusation to revoke Dr. Murray's license to practice medicine in the state of California. To put it in simple terms, once a door is closed and locked no matter who closed and locked it, to rush to repeat the action is redundant. Basically our action now will be the equivalent of placing a sign on the door saying "This door is now closed and locked officially."
Related Posts:
Calif. Medical Board Finally Moves to Revoke Conrad Murray's License After Michael Jackson Death
Photo credit: lwpkommunikacio via Flickr