The Medical Board of California has put pediatrician Bob Sears, MD, on a 35-month probation in light of allegations of medical negligence and inappropriately writing medical exemptions for vaccinations, according to multiple news reports.
The board formally revoked Sears' license, but put a stay on that order pending completion of requirements of the probation, according to a report in Forbes.
Dr Bob Sears Orange County Register via Getty Images
Sears was accused of writing a 2014 letter exempting a 2-year-old boy from immunizations without first obtaining the child's detailed medical history. Sears reportedly wrote the letter on the basis of his mother's description of an adverse reaction to a prior vaccination.
Forbes reported that among the demands of the June 27 order, which was effective immediately, are that he must be supervised by a physician-monitor with whom Sears has no prior relationship.
Also, during each year of probation, he must complete 40 hours of medical education "aimed at correcting any areas of deficient practice or knowledge" in addition to receiving the mandatory number of continuing medical education credits.
Sears, of Capistrano Beach, must also enroll in a professionalism course within 60 days and complete the classroom portion within 6 months, all at his own expense, Forbes reported.
He risks losing his license permanently if he fails to meet the requirements.
Sears did not respond to a request for an interview.
However, on his Facebook page, he wrote, "Why accept a settlement when I've done nothing wrong? The challenge with medical board cases is that even if I win on all aspects of a case, the medical board can still exercise its authority and put me on probation anyway. I win, or lose, a trial before a judge, then the medical board decides the punishment based on how they see the facts. Since it was likely that I'd get probation anyway, I accepted the offer."
The post continues, "A child and his mother came to me for help. The mom described how her baby had suffered a moderate to severe neurologic reaction to vaccines almost three years prior, and she was afraid a judge in her upcoming hearing was going to force her to resume vaccines now. Medical records of the reaction were not available yet, and I gave the patient a letter of opinion to show the judge that the reaction was severe enough to justify not doing any more vaccines.
"The board accusation against me," he continued, "states that such a judgement should not be made without medical records. But this patient needed a letter right away. Getting the patient's medical records ended up taking over a year. Isn't it my job to listen to my patients and believe what a parent says happened to her baby? Isn't that what ALL doctors do with their patients? A patient's word is often the only evidence we have."
Sears writes, "The medical board is already lining up four more cases, and these will be about vaccine medical exemptions under the new vaccine law. It seems there is an attempt to keep me on probation for the rest of my medical career."
Sears is the author of The Vaccine Book: Making the Right Decision for Your Child, which promotes alternatives to the vaccination schedule issued annually by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in collaboration with the American Academy of Pediatrics and other medical societies. He is the son of parenting book authors William and Martha Sears.
Sends a "Message"
Dorit Rubinstein Reiss, PhD, professor at University of California Hastings College of Law in San Francisco, told Medscape Medical News that the case is the first she is aware of that deals with writing vaccine exemptions.
"It sends a particular message that the board will take seriously an abuse of discretion by doctors on vaccine exemptions," said Reiss, who wrote a blog post about the action.
She said the decision is unusual in that no one was hurt or killed.
Also, Sears received "some pretty strict conditions," Reiss said. "He can't supervise a physician assistant or advanced nurses. He has to submit to extensive monitoring."
Whether the decision will serve as a deterrent to other physicians remains to be seen, she said.
"This should be a warning to other doctors, because a large part of the allegations against him were that he had given an exemption without doing proper fact-checking. That should be a warning to any doctor willing to give an exemption based on an online discussion or a phone discussion or without thorough examination or explanation."
Reiss said she hopes it is not the last such decision by the board.
"We'll see if they follow up by going after other physicians that abuse their discretion," she said.
Medscape published a story about Sears in 2016 when the Medical Board of California accused him of gross negligence after the original complaint.
Dr Reiss has disclosed no relevant financial relationships.
Medscape Medical News © 2018
Cite this: California Puts Pediatrician Bob Sears on Probation - Medscape - Jul 03, 2018.
