The California Medical Board’s (CMB) mid-level prosecutor attempted several times to entrap and impeach Dr. Gold, but was no match against this seasoned, integrous ER doctor, lawyer, and freedom warrior.
Dr. Gold and her legal team completed a grueling three-day long medical licensing hearing with the California Medical Board (CMB). As reported in our recent press release, the CMB has no legal basis to target Dr. Gold.
Attorneys for Dr. Gold demonstrated that the defendants’ actions against Dr. Gold are in retaliation for her outspoken advocacy of early medicinal treatments for Covid-19. The defendants exceeded their regulatory scope of authority in claiming Dr. Gold demonstrated “unprofessional conduct”. The CMB opened six “investigations” into Dr. Gold starting in December 2021, accusing her of “misinformation” and threatening her doctor’s license.
Dr. Gold remained confident and cooperative throughout the hearing, which was presided over by Administrative Law Judge (ALJ) Abraham Levy.
The CMB Prosecutor, Attorney Christine Rhee, attempted to characterize Dr. Gold as devoid of professional ethics and judgment. She did not offer any witnesses to support this characterization. Her only witness was a CMB bureaucrat whose job was to gather public trial documents. Notably Ms. Rhee did not put forth any claim, question or pretense that Dr. Gold had ever done anything negative regarding patient care. In fact, she did not ask any patient care questions at all. Her questions were aggressively political. Ms. Rhee asked Dr. Gold multiple times about her political opinions and viewpoints, and she stated several times Dr. Gold showed no “remorse” for her behavior on J6.
Dr. Gold testified that she was compliant with all judicial orders; her advocacy on J6 had nothing to do with the practice of medicine; and the CMB was targeting Dr. Gold based upon her political beliefs. Such viewpoint discrimination, which is illegal, was apparent during the hearing when the CMB attorney asked Dr. Gold point-blank about her political opinions. Attorney Heather Gibson, representing Dr. Gold, objected to this line of questioning as irrelevant to the determination of a physician’s competence.
Ms. Gibson presented evidence that Dr. Gold’s public speaking on January 6 was obviously not the “practice of medicine” but was protected political speech. She presented evidence that in its 147 year history the Board has never attempted to revoke the license of a physician over a misdemeanor unrelated to the practice of medicine, because it has no authority to sanction doctors over unrelated issues. She presented copious amounts of evidence of the CMB’s multiple attempts to punish Dr. Gold. And she presented evidence of Dr. Gold’s decades-long, highly successful, unblemished career with no prior patient complaints or disciplinary issues. Attorney Gibson introduced compelling character witnesses composed of highly-accomplished doctors and medical colleagues who testified on Dr. Gold’s behalf. As well, Attorney Gibson submitted multiple signed Declarations from nationally and internationally recognized medical freedom doctors attesting to Dr. Gold’s professional demeanor, integrity and ethics.
When Attorney Rhee asked Dr. Gold’s former ER colleague if he had read the complaint against Dr. Gold he stated, “I have, but I can’t make the connection [to the practice of medicine].” And every other character witness echoed similar sentiments of confusion and disbelief concerning the CMB’s dubious charges.
In her closing arguments, CMB Attorney Rhee pleaded with the ALJ to mete out harsh punishment against Dr. Gold -- including five years’ probation, non-medical community service, training on professional ethics, and fines. Attorney Gibson vigorously argued, “there has never been a time in its 147 year history where the medical board has gone after a medical license, revoked or suspended, for a one time misdemeanor.”
The CMB’s investigation against Dr. Gold is a flagrant abuse of power to silence license-holders (in this case, physicians) who might otherwise speak out against the government. It is an irresponsible use of time and taxpayers’ money. Dr. Gold does not need “rehabilitation” or “insight” into her behavior; nor is she a “criminal” as claimed by Attorney Rhee. Dr. Gold represents the best of American medicine: a national and global heroine focused on saving as many lives as possible.
Dr. Gold is prepared to ‘go the distance.’ Her fight against the CMB is about much more than one physician’s ability to practice medicine in California. It’s about taking a stand for free speech and protecting the doctor-patient relationship. This case will determine the range of free expression and professional licensure in California. When unchecked, California winds up pulling the nation toward disastrous national policies. Dr. Gold is equipped for a time such as this and will not give tyranny an inch.
The decision of the hearing now rests with the ALJ, and he has thirty (30) days to tailor his decision accordingly based on the CMB’s recommendations. Incredibly, however, the CMB has the ultimate legal authority to accept, reject, modify, or even overrule the ALJ’s decision.
Stay tuned – a decision in this landmark free speech case is expected on or before December 15th, and we will keep you updated as this courageous story unfolds.