Physician Licensure

Navrkal v. State, No. S-04-808 (Neb. Sept. 9, 2005)

The Nebraska Department of Health and Human Services Regulation and Licensure appealed a district court's reinstatement of a physician's license. The Supreme Court of Nebraska reversed the district court's order, finding that it improperly overruled the decision of the Nebraska chief medical officer denying reinstatement. The court held that the director's acts were discretionary and the physician was not entitled to reinstatement of his license as a matter of right. The court also found that the district court incorrectly presumed that the physician would be subject to monitoring after reinstatement, which may or may not have occurred since he planned to attend a residency program outside of Nebraska.