598 N.E.2d 762 | Ohio Ct. App. | 1991
Plaintiff appeals from a judgment of the common pleas court entered in favor of defendant on plaintiff's complaint for declaratory relief. Plaintiff sought a declaration by the common pleas court that defendant was required to entertain an application either for reinstatement of his medical license or for reconsideration of defendant's prior revocation of that license.
Plaintiff, Gaston Bouquett, M.D., was licensed by this state as a medical doctor until February 1, 1987. On that date, following an administrative hearing conducted pursuant to R.C. Chapter 119, defendant, the State Medical Board of Ohio ("board") revoked Bouquett's medical license for violating R.C.
Subsequently, in August 1989, plaintiff requested that the board either reconsider its prior decision revoking his license or that the board allow plaintiff to apply for a new medical license. When the board refused to comply with plaintiff's request, plaintiff initiated this suit seeking declaratory relief on February 8, 1990. Plaintiff sought relief in the form of a declaration that revocation of a medical license does not forever prohibit a practitioner from seeking reconsideration of the revocation or the issuance of a new medical license upon proper application. *205
Following the answer filed by defendant, the matter was submitted to the court on the parties' briefs. The trial court rendered a decision on August 13, 1990, granting judgment on plaintiff's complaint in favor of the board. More particularly, the common pleas court determined that no provision of R.C. Chapter 4731 authorized the board to either reconsider a prior revocation of a medical license or to reinstate a revoked medical license. The common pleas court stated that R.C. Chapter 4731 authorized only the reinstatement of a license which had been suspended. As support for this conclusion, the trial court relied upon the decision of the Cuyahoga County Court of Appeals rendered in In re Application of Welsh (1960),
Plaintiff now appeals and sets forth the following assignments of error:
"1. Was it error for the trial court to determine that as a matter of law the board did not have the authority to consider an application de novo from a physician whose license had previously been revoked.
"2. Was it error for the trial court to fail to judicially determine the issue presented by appellant in his action for declaratory relief."
While appellant sets forth two assignments of error, in fact only one argument is made. It is appellant's position that because there is no provision in R.C. Chapter 4731 which prevents the board from reinstating or relicensing a physician whose medical license has been revoked, the trial court's judgment is contrary to law. Plaintiff submits that the term "revocation" does not denote a permanent condition which forever precludes reinstatement. As support for his position, plaintiff relies upon the decision of this court in Nakhle v. Ohio StateMedical Bd. (1989),
In response, the board contends that R.C.
Initially, as to the latter argument of the board regarding its inherent power to reconsider a prior order, this court agrees with the general proposition that an administrative agency loses the power to reconsider once a reviewing court asserts jurisdiction of the matter. Hal Artz Lincoln-Mercury,Inc. v. Ford Motor Co. (1986),
For the reasons which follow, however, this court concludes that the trial court erroneously denied relief as to that aspect of plaintiff's complaint seeking a declaration that the board has the authority to reinstate him to the practice of medicine in this state. In reaching its conclusion that the board lacked such authority under R.C. Chapter 4731, the trial court relied upon the decision rendered in Welsh, supra. In Welsh, the Cuyahoga County Court of Appeals concluded that no provision of R.C. Chapter 4731 authorized the board to:
"* * * reconsider an application seeking the reinstatement of a license after an order revoking a license has become final either on appeal or by reason of the failure of the licensee to appeal as provided by Section
"* * *
"The Ohio State Medical Board was, therefore, without jurisdiction to consider appellant's application for the restoration of his license to practice * * *." Id.,
Upon review of R.C. Chapter 4731 as it existed in 1960, it is apparent that the provisions of that chapter were substantially amended in 1976. The code provisions relied upon by theWelsh court in 1960 provided as follows:
"Sections
"The state medical board may refuse to grant a certificate to a person guilty of fraud in passing the examination, or at any time guilty of felony or gross immorality, grossly unprofessional or dishonest conduct, or addicted to the liquor or drug habit to such a degree as to render him unfit to practice medicine or surgery.
"* * *
"The board, by a vote of not less than five members, may revoke or suspend a certificate for like cause." R.C.
In 1975, the General Assembly amended R.C.
"The board shall, to the extent permitted by law, limit, reprimand, revoke, suspend, place on probation, refuse to register, or reinstate a certificate for one or more of the following reasons[.]"
In light of the above changes in the Revised Code, this court concludes that the General Assembly intended by the 1975 amendments to R.C.
"Notwithstanding any other provision of this section, any order issued by a court of common pleas suspending the effect of an order of the state medical board * * * that limits, revokes, suspends, places on probation, or refuses to register or reinstate a certificate issued by the board * * *."
While the board suggests that the term "reinstatement" is utilized in R.C.
Moreover, our construction of this language is also consistent with the plain meaning of the terms "revoke" and "reinstate." The term "revoke" means "[t]o annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse." Black's Law Dictionary (5 Ed.Rev. 1979) 1188. "Reinstate" means "[t]o reinstall; to reestablish; to place again in a former state, condition, or office; to restore to a state or position from which the object or person had been removed." Black's Law Dictionary (5 Ed.Rev. 1979) 1157. There is nothing in the definition of "revoke" which compels this court to conclude that this term contemplates only a permanent and irreversible condition. Likewise, there is nothing in the definition of the term "reinstate" to warrant restricting the use of that term to suspensions alone. The board's argument in this respect is also belied elsewhere in R.C. Title 47, where the term "reinstatement" is used in reference to a license which has been revoked. See, e.g., R.C.
Finally, this court notes the board's erroneous reliance uponIn re Application of Corrigan (1989),
Based on the foregoing, this court concludes that R.C.
Appellant's first assignment of error is sustained in part and reversed in part, while the second assignment of error is overruled, no argument having been made thereunder. The judgment of the Franklin County Court of *209 Common Pleas is affirmed with respect to its conclusion that the board lacked authority to reconsider its prior 1987 order revoking plaintiff's license, but is reversed as to its conclusion that the board lacked authority to consider plaintiff's application for reinstatement as a physician. This matter is remanded to the court of common pleas for further proceedings consistent with this opinion.
Judgment affirmed in part,reversed in partand cause remanded.
BOWMAN, P.J., and JOHN C. YOUNG, J., concur.
WILLIAM H. HARSHA III, J., of the Fourth Appellate District, sitting by assignment.