Merwin v. State Bd. of Registration for the Healing Arts (Summary)

PHYSICIAN LICENSURE

Merwin v. State Bd. of Registration for the Healing Arts, No. WD75508 (Mo. Ct. App. May 7, 2013)

The Missouri Court of Appeals for the Western District affirmed in part and reversed in part a board’s decision to place a physician’s license on probation for five years. The physician voluntarily sought assistance from a physician health program for drug and alcohol abuse. He was allowed to return to work on the condition that he continued to participate in a physician health program. The physician left the health program and was suspended from his practice group until alternative treatment was found. The physician resigned because he could not find an alternative program that met the requirements of the medical group.

The appellate court held that the board’s decision was supported by the evidence. The court stated that while the physician was not impaired while in the course of treating patients, his absences were a direct result of alcohol abuse, which fits the statutory definition of impairment. The appellate court rejected the physician’s argument that the statute implied an inability to work. The court held that the statute’s use of impairment was meant to describe the ability to perform the work of the profession, which includes being present.

The appellate court held that there was no evidence to support a finding that the physician engaged in unprofessional behavior by failing to report his withdrawal from the health program to his new employer.  The court stated that requiring an applicant to disclose this type of information was not part of the statutory requirements nor did it amount to unprofessional conduct.  Since this was one of the grounds on which the board based its decision, the court remanded to the board for it to amend its discipline.