Walker v. Physical Therapy Bd. of California

Grace Walker appealed a superior court judgment denying her petition for a writ of administrative mandamus. The petition asked the court to set aside a decision of the Physical Therapy Board of California (the "Board") that subjected Walker to discipline based on a misdemeanor hit-and-run conviction and the Board's finding she had used alcohol in a manner dangerous to herself or others. The superior court concluded the misdemeanor conviction was not an appropriate ground for discipline because it was not sufficiently related to Walker's fitness to practice physical therapy, but that discipline was appropriate pursuant to Business and Professions Code sections 2239 and 2660 based on Walker's use of alcohol in a dangerous manner. On appeal, Walker argued the court erred because the statutes did not permit discipline of a physical therapist based on a single isolated instance of alcohol use in a dangerous manner without a specific finding of a nexus between the conduct at issue and the fitness of the individual to practice physical therapy. The Court of Appeal concluded sections 2239 and 2260 did permit the Board to impose discipline in this context and affirm the judgment. View "Walker v. Physical Therapy Bd. of California" on Justia Law