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News Release — September 2, 2004

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MEDICAL BOARD OF CALIFORNIA


September 2, 2004

Medical Board of California
Revokes License of San Mateo County Physician

SACRAMENTO—The Medical Board of California has revoked the medical license of San Mateo physician Dave Allen Davis, M.D. The decision becomes effective September 2, 2004 at 5 p.m.

On October 7, 2003, a Restriction Order was issued by the Superior Court of California, County of San Mateo, against Davis pursuant to Penal Code section 23, based on criminal charges filed against for Business and Professions Code section 729 (sexual exploitation) and Penal Code section 243.4(e)(1) (sexual battery). The Order prohibited him from examining and treating female patients in any manner. Davis' medical practice was limited to the care and treatment of male patients only while the Medical Board completed their investigative process. The board obtained an Interim Order of Suspension (ISO) which stipulated that Davis could practice under the current restrictions, male patients only, until November 30, 2003.

In a First Amended Accusation filed by the board on March 10, 2004, Davis was accused of violating Business and Professions Code section 2234(a) for unprofessional conduct and 2234(b) gross negligence with three female patients. The documents also accused him of violating section 2236 (conviction of a crime) as a result of a criminal conviction of sexual exploitation and the sexual battery charges. Davis was sentenced to 120 days in county jail, followed by three years of criminal court probation, and was also required to register as a sex offender under section 290 of the Penal Code.

Assembly Bill 236 (Bermudez) effective January 1, 2004, added Business and Professions Code section 2232(a)(1) requiring the board to promptly revoke the license of any person who is subject to or becomes subject to section 290 of the Penal Code. Davis becomes the first physician prosecuted under this new section of law.

Davis admitted to the violations outlined above and voluntarily agreed to a formal Stipulation for Revocation of his License, which becomes effective at 5 p.m. on September 2, 2004.

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The mission of the Medical Board is to protect healthcare consumers through the proper licensing and regulation of physicians and surgeons and certain allied healthcare professions and through the vigorous, objective enforcement of the Medical Practice Act.

If you have a question or complaint about the healthcare you are receiving, the board encourages you to visit its Web site at www.caldocinfo.ca.gov or for questions call the Consumer Information Line at (916) 263-2382, or with complaints call (800) 633-2322.

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