Clark v. State Med. Bd.
2015 Ohio 251
Ohio Ct. App.2015Background
- Appellant Dr. Dustin M. Clark, M.D., challenged a board order imposing limitations on his Ohio medical certificate.
- Clark's Step I consent agreement (2010) revoked his certificate, suspended it with conditions for reinstatement, and anticipated a Step II agreement.
- The Step II terms were to be determined by the Board or at a Chapter 119 hearing, with potential permanent limitations.
- The Board later proposed a five-year probation with specific limitations, later amended to include a permanent restriction prohibiting anesthesia residency, general anesthesia, and personal administration of moderate sedation.
- The Franklin County Court of Common Pleas affirmed the Board’s order; Clark appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the board’s order imposes an unauthorized restriction | Clark argues restrictions exceed legal authority | Board contends limits fall within R.C. 4731.22(B) and definitions of limitation | No; restriction constitutes a permissible limitation under law |
| Whether the permanent limitation exceeds statutory authority | Permanent limitation exceeds authority | Permanent action permitted by R.C. 4731.22(L) and related code | No; permanent limitation authorized by statute and code provisions |
| Whether there was a true conflict among experts supporting the restriction | Opinions conflicted; no basis for restriction | Board could rely on its medical expertise and the record shows conflict | No abuse of discretion; board may rely on its expertise and find conflict where supported by record |
| Whether the Step I agreement limited the Board’s action beyond its scope | Order goes beyond Step I terms | Step I allowed Board to impose terms post-hearing; amendments aimed at public safety | No; Board acted within the Step I framework and constraints |
Key Cases Cited
- Pons v. State Med. Bd., 66 Ohio St.3d 619 (1993) (appellate review limited to abuse of discretion; substantial evidence standard for medical boards)
- Royder v. State Med. Bd., 2002-Ohio-7192 (2002) (board interpretation of medical requirements respected; expert opinions not controlling)
- Shah v. State Med. Bd., 10th Dist. No. 14AP-147, 2014-Ohio-4067 (2014) (competent evidence supports sanctions; court upholds board’s order)