Successfully Contested Ohio Medical Board Decision

Client: A physician

Our client, a physician, was ordered by the Ohio Medical Board to attend a three day chemical dependency evaluation after informing a board investigator he had legally used marijuana while on vacation in a state where recreational use is legal. The board later cited the physician after he refused to attend the evaluation. At a hearing, we attempted to introduce evidence to the board regarding why our client refused to attend the evaluation, but our evidence was excluded.

For failing to attend the evaluation, the board indefinitely suspended the physician’s license and stayed the suspension. We appealed the case to the Franklin County, Ohio courts. The Court of Appeals reversed the decision of the lower court, which had affirmed the decision of the board. The Court of Appeals ruled that the board never gave the physician the opportunity to be heard on whether the order of the board to submit to a three day examination was supported by a good faith “reason to believe” that his ability to practice was impaired. The Court of Appeals reversed the decision of the board and remanded the case back to the board, which dismissed the case, paid our client’s attorney’s fees, and removed any negative comments concerning our client from its website.