Simas & Associates, Ltd. Newsletter | May 5, 2017 | Volume V, Issue 5
Firm Announcement
Simas & Associates, Ltd. Closes Two Veterinary Medical Board Cases in April

Within the last month, the Veterinary Medical Board (“Board”) elected to close two investigations into veterinarians Simas & Associates, Ltd. represented.

In both cases the Board closed the investigation without so much as a letter of education, which is typically the least invasive form of discipline. In these two cases however, the Board simply closed their investigation without any discipline whatsoever, and without feeling any need to educate these two veterinarians.

Scary Kitty 

In one case, the complaint received by the Board was lodged by the owner of an elderly and incredibly fractious cat, who was almost impossible to deal with. The cat was so difficult she actually posed a threat to the staff trying to care for her. Nevertheless, our client found a way (involving metal mesh gloves) to do the necessary evaluation and properly treat the cat.

Unfortunately, and unrelated to the care provided by our client, the cat later died after being treated at another clinic. For some unknown reason (possibly to escape liability themselves) the subsequent veterinarian attempted to throw our client under the bus, and suggested to the pet owner that our client was to blame for her beloved cat’s death. This was simply not true.

Through our well developed and proven process of handling Veterinary Medical Board matters, we were able to educate the Board on the true facts of the case, the medicine, and explain how our client’s care exceeded expectation, rather than falling below the standard. The Board agreed with our assessment and closed its file without further inquiry.

Were the Pain Meds Really for Fido? 

In our other case, the pet owner who lodged the complaint contacted our client’s clinic to request a refill of a prescription for pain medicine for her dog. The particular medication that was being requested happened to be a highly addictive pain medication that is also used in humans.
When the owner called requesting this medication, it had been more than a year since she had last brought her pet in to the clinic, and our client informed the pet owner that she was required by law to examine the pet prior to refilling the prescription because of the length of time since the last exam.

Title 16 of the California Code of Regulations states in section 2031.1(c) that “A drug shall not be prescribed for a duration inconsistent with the medical condition of the animal(s) or type of drug prescribed. The veterinarian shall not prescribe a drug for a duration longer than one year from the date the veterinarian examined the animal(s) and prescribed the drug.”

When our client attempted to explain this regulation to the pet owner, she flew off the handle and demanded the medication for her dog. Our client offered a same-day appointment to see the dog so that the prescription could be refilled, but the pet owner claimed to be too busy.

A review of the file showed this particular pet owner had made many previous demands for this highly addictive pain medication, including a request for a prescription that would allow her to buy it in bulk. Perhaps this pet owner truly was giving the pain medication to her dog, but without re-establishing a veterinarian-client-pet relationship, and confirming this dog was alive, and still in need of the medication, our client simply could not comply with the pet owner’s demands.

Once again, our process worked like a charm! After receiving our responses to the allegations, the Board closed its investigation without further inquiry. We are ecstatic, and so is our client!

For more information on Simas & Associates, Ltd. and its Administrative Law, Healthcare Law, and Professional Licensing Defense practice areas, Administrative Hearing legal services, or recent California Law Victories, please visit our website at
Firm Announcement
Ryan Costello is Going to Law School

Congratulations are in order as Simas & Associates, Ltd.'s San Luis Obispo Administrative Assistant, Ryan M. Costello, will be attending Sturm College of Law at the University of Denver this upcoming fall.  

"I couldn't be prouder," explained Steven Simas, owner of the law firm. "While we will surely miss him in the coming months, we knew from the get-go that Ryan had a future in the law. And we hope that his experience at our firm will provide him with some perspective as learns the wonder of the rule against perpetuities while shoveling some snow."

"Thanks," Ryan said. "All the well-wishes are greatly appreciated. While I will undoubtedly miss the daily camaraderie of the firm and the San Luis Obispo office, I am extremely excited for this next adventure and challenge."
Client/Vendor of the Month
Seven Oaks Physical Therapy & Fitness Center
141 Triunfo-Canyon Road
Westlake Village, CA 91361
P: (805) 373-6560
F: (805) 373-5120

Seven Oaks Physical therapists are equipped with the knowledge and skills necessary to provide the highest quality of physical therapy treatment. All services are provided by, or under the direct supervision of, licensed healthcare professionals. 

Seven Oaks offers a variety of services and programs including Sports Injury and Physical Therapy, as well as exercise program and weight loss programs.

Simas & Associates, Ltd. appreciates the opportunity to serve as Seven Oaks's counsel since 2017. If you would like to be featured as our law firm’s “Client/Vendor of the Month,” please contact us at
Featured Agency Announcement

Regulations Regarding the Cultivation of Cannabis Released

Sacramento, CA — The California Department of Food and Agriculture (CDFA) released proposed regulations for the California medical cannabis cultivation and licensing program on Friday, April 28. Release of the draft regulations marks the official start of a 45-day public comment period provided under California law. The release by CDFA coincided with the release of companion proposed regulations by Department of Public Health and the Bureau of Medical Cannabis Regulation

All interested parties are encouraged to submit comments about the proposed regulations to CalCannabis, the branch of CDFA that is overseeing the cannabis cultivation regulatory framework. Public meetings regarding the cultivation of medicinal cannabis will be held throughout the state at a variety of impacted locations: Visalia, Santa Ana, Ukiah, and Sacramento.

Residents can read the proposed cannabis cultivation licensing regulations at California’s cannabis web portal,

Comments may also be submitted in writing during the 45-day open-comment period, or verbally at one of four public hearings that are planned. The last day for the public to submit written comments apart from public hearings is Monday, June 12. 
Featured Blog Entry

License Discipline Data Shows Racial Bias 

10 years of discipline data from the Medical Board of California shows a relationship between race and professional license discipline outcomes, so reports the California Research Bureau.

Having conducted the research at the behest of the Medical Board of California (Board), the Research Bureau looked at the discipline imposed by the Board from 2003-2013. The Research Bureau analyzed 125,792 physician records and 32,978 complaint records to look for any evidence of disparate treatment for minority physicians in the Board’s disciplinary outcomes. Its research concluded:

Latino/a and Black physicians were both more likely to receive complaints than other races.

Asian physicians had a reduced likelihood of receiving complaints than other races.

While the Research Bureau conceded it was unable to prove racial bias conclusively, the results indicate some evidence of disparate treatment for minority physicians in the Board’s disciplinary outcomes. 

To keep reading this entry, please click here: Wit of Mandate - License Discipline Data Shows Racial Bias.
Word of the Month

Loss of Consortium

Loss of consortium refers to the damage sustained to a relationship because of an injury to you or a close family member. While many attorneys consider loss of consortium to be solely the loss or decrease of a sexual relationship between spouses. However, some states have expanded the concept of loss of consortium to refer to the loss of care, companionship, and affections of a loved one, whether or not there is a decrease or loss of a sexual relationship. Furthermore, a smaller number of states have expanded the concept to include relationships other than spouses - parent-to-child, grandparent-to-child, and unmarried couples.

For more terms related to our practice areas, please visit our law firm’s glossary at - Glossary.
Looking for a Few Good Men and Women

Simas & Associates, Ltd. is once again in the market for employees. With four offices across the state and the Department of Consumer Affairs and other state agencies and boards as aggressive as we have ever seen them, we have clients who need our help.

So, if you know of Attorneys, Paralegals, and Administrative Assistants with some experience working in a private law firm setting, please send them our way. Cover letter, resume, writing sample, and references are always welcome to help us in finding the next talented litigator, brief writer, researcher, client intake consultant, and accounts receivable clerk. 

Those interested can send their materials via email to careers @ 
Upcoming Calendar

May 5 - ¡Feliz Cinco de Mayo!

May 6 - National
Nurses Day. Also, Kentucky Derby.

May 10 - National Receptionist Day. Also, American Inn of Courts meeting.

May 11 - Players Championship begins. Also,
SCBA Administrative Law section officers meeting.

May 14 - Happy Mothers' Day!

May 18 -
Calaveras County Fair & Jumping Frog Jubilee.

May 19 - National Bike to Work Day.

May 20 - Preakness Stakes.

May 23 - SLOCBA presents,
Annual Appellate Court Justices Reception.

May 24 - National Escargot Day. Also, SDCBA presents,
2017 Distinguished Lawyer Memorial.

May 25 - National Wine Day.

May 28 - Monaco Grand Prix, Indianapolis 500, and French Open begins.

May 29 - Memorial Day.

June 2 - National Donut Day. Also, SCBA presents, 
Current Legal Issues Facing the Cannabis Industry.
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