Kentucky Board of Medical Licensure v. Strauss

On review of the decision of the Court of Appeals reversing a final order issued by the Kentucky Board of Medical Licensure issued against Appellee, the Supreme Court reversed, holding that the Court of Appeals misconstrued the relevant statutes.Upon the issuance of a complaint against a physician, a hearing officer is appointed to conduct and evidentiary hearing and issue a recommended order. Thereafter, a hearing panel of the Board considers the matter and determines either to dismiss the complaint or to issue a final order regarding the violation and an appropriate penalty. In the instant case, the Court of Appeals concluded that the hearing officer erred by not recommending a specific penalty and that the Board’s hearing panel also erred by not independently reviewing the entire evidentiary record before rendering a final order. The Supreme Court reversed, holding (1) Ky. Rev. Stat. 13B.110(1) allows a hearing officer to recommend a penalty but does not require him or her to do so; and (2) Ky. Rev. Stat. 13B.120(1) requires the Board to consider the record but does not require the Board to review the proceedings in their entirety before issuing a final order. View "Kentucky Board of Medical Licensure v. Strauss" on Justia Law