Guided Physician through Board Hearing

Client: A physician

After a physician unwittingly fell prey to a scheme derived by pharmaceutical sales representatives who sourced cancer medications from Canadian manufacturers, the physician negotiated a plea to misdemeanor misbranding in federal court. The State Medical Board of Ohio thereafter sought to impose license discipline related to the aforementioned plea. At a hearing, counsel from the state repeatedly sought to insert issues and criticisms beyond the scope of the board’s charging documents. Despite favorable rulings by the board’s hearing officer, the board imposed a sanction well above that which was recommended by the hearing officer due to the state’s conduct and claims. On appeal, we successfully argued the physician’s due process rights were violated by the state. The Franklin County (Ohio) Court of Common Pleas agreed, and reversed and remanded the case back to the board for further review, whereupon a reprimand – the lowest form of licensure discipline – was imposed for the prior misdemeanor conviction.