Administrative law question

I have an administrative law question. I am being investigated by the Ca medical Board for a history of depression.

The medical board is investigating me because I have a history of depression. I was treated and now stable. During my most symptomatic period, I absented myself from practice voluntarily. There have been no professional or patient complaints against me. Yet the board seems to have the power to take action against my license based on my medical history alone,which would be devastating. I have done nothing wrong. Isn't my right to practice with a history of depression and no evidence of impairment,incompetence,negligence,etc. protected by the ADA? I have an administrative lawyer,should I also consider hiring a civil rights attorney/ADA advocate? What authority does the board have to discipline ( e.g. Punish me? ) for a history of mental illness absent professional misconduct,etc.?

Nathan’s Answer

How did you get on the Medical Board's radar if there were no complaints? Sometimes, anonymous complaints are enough to trigger investigation. If the depression can be linked to the practice of medicine in that it could impair it, the Board will likely overcome any ADA objections. Mental illness, if diagnosed, may require an evaluation by the Board - never a pleasant circumstance, but with proper preparation, it could be the first step to being cleared. On the other hand, the Board may be too intrusive if your circumstances don't warrant it. The takeaway here is that it will be necessary for you to consult with experienced counsel to assess your case.

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