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Younes v. Nolan1/19/2005
order diagnostic testing for her resulted in his failure to recognize her cancer and to make a proper referral for treatment of that condition."
After reviewing all of the testimony and the Board's decision, this Court finds that Appellant's inadequate recordkeeping practices were unprofessional and that this is precisely the type of unprofessional conduct that § 5-37-5.1 was designed to protect against. The fact that Appellant's conduct may not have adversely impacted Patient A's treatment because Patient A sought a second opinion immediately after her visit with Appellant does not mitigate or excuse Appellant's unprofessional conduct. Section 5-37-5.1(19) expressly states: "The board need not establish actual injury to the patient in order to adjudge a physician or limited registrant guilty of the unacceptable medical practice in this subdivision." In the present case, the Board imposed a conservative form of discipline by requiring the Appellant to enroll in a program which would evaluate Appellant's fitness for continuation in the practice of medicine. Additionally, the Board stated in its decision that if any limitations, restrictions or other conditions were applied to Appellant's license as a result of the evaluation, such action would be reviewed and acted upon by the Board. Consequently, this Court finds that the Board did not err in imposing discipline on Appellant and that the discipline imposed by the Board was appropriately tailored to address the Appellant's unprofessional conduct.
CONCLUSION
This Court finds that the Board's decision to discipline Appellant for unprofessional conduct pursuant to § 5-37-5.1 and § 5-37-5.1(19) was supported by substantial evidence in the record and is consistent with the plain and ordinary language of the statute.
For the foregoing reasons, this Court affirms the Board's Administrative Decision and Order.
Counsel shall prepare a judgment for entry in conformity with this decision.
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