Valko v. State Med. Bd. of Ohio, 2023 Ohio 4676

Dr. Tim R. Valko, a psychiatrist, ran a private practice in Ohio, focusing on child and adolescent psychiatry, though his certifications had lapsed as of December 2015.
The State Medical Board of Ohio notified Valko in July 2017 of alleged excessive drug prescribing to 15 patients between 2005 and 2016, risking patient safety and violating professional standards.
An administrative hearing in 2018 led to a recommendation for indefinite suspension of Valko’s license, a fine, and other conditions for reinstatement.
The Board, notably influenced by its president Dr. Schottenstein’s statements during deliberations, decided instead on permanent revocation of Valko’s license.
Valko appealed, arguing due process violations because Dr. Schottenstein, a board member, was not disclosed or qualified as an expert witness; the trial court affirmed the Board’s order.
On further appeal, Valko challenged only the use of Dr. Schottenstein’s remarks as improper expert testimony and due process grounds.

Issue	Valko's Argument	Board's Argument	Held
Whether Board member opinions in deliberations constitute improper expert testimony and violate due process when not disclosed as expert witnesses.	Board relied on undisclosed, unqualified member (Dr. Schottenstein) as de facto expert, violating due process and admin rules.	Board is permitted to use its own professional expertise in deliberating and is not bound by formal expert testimony standards.	Board properly used internal expertise; no due process violation; Board order affirmed.

Arlen v. State Med. Bd., 61 Ohio St.2d 168 (Ohio 1980) (medical boards may rely on their own expertise to determine if physician conduct meets professional standards)
Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (Ohio 1993) (medical boards with technical expertise may make findings without need for expert testimony)
Farrand v. State Med. Bd. of Ohio, 151 Ohio St. 222 (Ohio 1949) (administrative boards may rely on their own knowledge in disciplinary matters)