Mena v. Idaho State Bd. of Med. — Mar. 2016 (Summary)

PHYSICIAN LICENSE

Mena v. Idaho State Bd. of Med.
No. 43125-2015 (Idaho Mar. 23, 2016)

The Supreme Court of Idaho reversed the Idaho State Board of Medicine’s (the “Board”) decision to impose sanctions on a physician’s license to practice medicine under the Disabled Physician Act.  The physician had reports filed against him alleging that he was abusing drugs or alcohol, as well as complaints about his record keeping, late dictations, and possible inadequate medical care.  The Board began an investigation regarding the physician’s ability to perform certain medical procedures.  Based on the state Disabled Physician Act, the Board determined that some level of impairment existed and ordered 11 sanctions to the physician’s license to practice medicine.

The physician appealed the Board’s decision to the state courts, which upheld the Board’s action.  However, that decision was reversed by the Idaho Supreme Court.  Under the Disabled Physician Act, the Board needed to prove, through expert testimony, that the physician had a mental illness and that the mental illness made the physician unable to practice medicine with reasonable skill or safety.  However, the Board failed to provide the required expert testimony on these issues.  The Idaho Supreme Court reasoned that the Board’s own evaluation of the evidence demonstrated that there was insufficient evidence to support its order.  The supreme court vacated the lower court’s ruling and ordered the lower court to remand the matter back to the Board which was to reconsider the action in light of the Idaho Supreme Court’s opinion.