Obtained Reversal of Stayed License Decision

Client: A physician

The 10th District Court of Appeals reversed a decision of the Franklin County Court of Common Pleas, which affirmed the State Medical Board of Ohio and remanded the case back to the board for further proceedings. The court determined that the board did not act in accordance with law when it imposed a “stayed” license suspension without affording our client, a physician, an opportunity to be heard, and without determining the “threshold” question of whether, when the three day examination was ordered, the board had “reason to believe” the physician was impaired “because of habitual or excessive use of drugs or alcohol.” Upon remand by the court, the board chose to take no action against the physician and dismissed the case.