Physician Licensure

Hughes v. Mont. Bd. of Med. Exam'rs, No. 02-686 (Mont. Nov. 6, 2003)

A physician accused of unprofessional conduct entered into an agreement with the Board of Medical Examiners, stating that he would admit that his behavior was unprofessional, serve one year of probation, and be the subject of a report to the National Practitioner Data Bank (NPDB).

After serving his probationary period, the physician claimed that he had signed the agreement under duress, and therefore petitioned the Board to reconsider the NPDB report and the requirement that the physician admit that his conduct was not professional. The Board denied the petition, and the physician sought judicial review. The Supreme Court of Montana held that the physician was not under duress when he signed the agreement and affirmed the Board's decision.