Brownlee v. State Med. Bd. (Summary)

REVOCATION OF STATE LICENSE

Brownlee v. State Med. Bd., No. 13AP-239 (Ohio Ct. App. Nov. 12, 2013)

The Court of Appeals of Ohio affirmed a lower court’s decision to uphold the state medical board’s revocation of a physician’s license.  The physician had criminal charges filed against him and his license was suspended in 2006 after it was discovered that he was writing prescriptions for opioids in the names of fictitious patients in order to obtain the drugs for his own use.  He entered into a consent agreement with the state board under which his license was reinstated pursuant to a five-year probationary period during which he had to meet certain conditions, including completely abstaining from the use of alcohol and the personal use or possession of drugs.  During the probationary period, the physician inappropriately obtained prescriptions for Vicodin and Percocet by asking residents under his supervision to write or call in prescriptions for a relative of the physician.  The state board permanently revoked the physician’s license following a hearing on this issue.  The decision was partially based on the physician’s own admission that he, on eight occasions, required residents to provide the prescriptions. The trial court overruled the physician’s assignment of errors, including, among other things, a claim that the trial court abused its discretion by relying on evidence given by the residents which contained inconsistencies.  The state appellate court affirmed the trial court’s decision, concluding that inconsistencies in the residents’ testimony “were not significant, particularly in light of the [physician’s] admissions.”