In what circumstances will the California Bar be required to reformulate its regulations in order to prevent a plaintiff from being denied access to a medical malpractice remedy?

The procedures already in existence in disciplinary proceedings may well provide the basis for formulating appropriate hearing and findings mechanisms. ⁸ [39 Cal.3d 568] ⁸ The purpose of due process in this context is to assure that the bar acts within its discretion, i.e., in a nondiscriminatory and nonarbitrary manner. (Cf. Perry v. Sindermann, supra, 408 U.S. at p. 597, 92 S.Ct. at p. 2697 [government may not deny benefit to person on basis "that infringes his constitutionally protected interests"].) We therefore find it appropriate to order the bar to reformulate its regulations pursuant to its authority under Business and Professions Code section 6140.5 and in light of the discussion above. ⁹ We believe that the bar,

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