 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Haley v. Medical Disciplinary Board11/7/1991
ch Dr. Haley may practice medicine anywhere he chooses, subject to the Board's approval. He is required to serve a 10-year period of probation during which his professional practice is to be monitored, and he must receive monthly psychiatric evaluations and submit periodic declarations of compliance with the terms of his probation.
In response to the Board's decision, Dr. Haley filed a petition for judicial review of the Board's decision in Thurston County Superior Court. The trial judge certified the case to the Court of Appeals, which then certified the case to this court. We accepted certification and now affirm the Board.
Issue
The Board ruled that Dr. Haley's conduct in relation to M. constituted unprofessional conduct as defined by RCW 18.130.180(1) and (24), which provide:
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not. . . .
(24) Abuse of a client or patient or sexual contact with a client or patient[.]
In this appeal, Dr. Haley has not assigned error to any of the Board's findings of fact. His sole contention is that the Board erroneously interpreted the law in ruling that he had committed unprofessional conduct under RCW 18.130.180(1) and (24).
We agree with the Board that Dr. Haley's conduct constituted moral turpitude, dishonesty, or corruption relating to the practice of his profession, in violation of RCW 18.130.180(1). We disagree, however, with the Board's application of RCW 18.130.180(24).
Analysis
I
Background
The Legislature enacted the Medical Disciplinary Board Act (Act), the statute creating the Board, in 1955. RCW 18.72. The Act was passed in the exercise of the State's police power to promote the public welfare and to create an administrative agency mandated to act as a disciplinary body for medical professionals. RCW 18.72.010(1). The Act also provides that it was passed because of the paramount importance of the health and well-being of Washington citizens, the role of medical professionals in preserving this health and well-being, and the ineffectiveness of the disciplinary agency that had existed previously. RCW 18.72.010(2)-(4). We interpret the stated purposes of the Act as giving the Board a legislative mandate to pursue vigorously its disciplinary task.
Upon receiving a nonfrivolous complaint regarding a licensee under its jurisdiction, the Board conducts a preliminary investigation to determine whether there has been unprofessional conduct. RCW 18.130.080. If the Board determines there is reason to believe that there has been unprofessional conduct, the Board serves a statement of charges upon the physician, who then may request a hearing. RCW 18.130.090. If such a hearing results in a finding of unprofessional conduct, the Board may take
various actions, including suspending or revoking the physician's license, imposing restrictions on the physician's right to practice, requiring monitoring of the physician's practice, and compliance with conditions of probation. RCW 18.130.160.
[2-5] Because the Board is an administrative agency, judicial revi
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|