Friedman v. Kan. State Bd. of Healing Arts (Summary)

REVOCATION OF STATE LICENSE

Friedman v. Kan. State Bd. of Healing Arts, No. 102,921 (Kan. Feb. 15, 2013)

The Supreme Court of Kansas affirmed a district court’s decision to uphold a state professional board’s (“board”) revocation of a physician’s license. The physician was licensed in the state for seven years before requesting that his license be designated inactive. After his request, the board brought a disciplinary action against the physician and alleged five counts of misconduct, including falsification of medical records.  Ultimately, the board revoked the physician’s license.  The physician brought an action for judicial review of the order.

The district court affirmed the board’s order.  On appeal, the Supreme Court of Kansas also affirmed, holding that the board had jurisdiction to initiate the disciplinary proceedings and to revoke the physician’s license.   The court stated that the board’s jurisdiction did not depend on the status of the license at the time of the disciplinary action, but rather on the date or dates of the alleged misconduct.  Since the misconduct occurred while the physician was licensed, the board had jurisdiction.  The court also concluded that the board’s Order of revocation was based on material and reliable evidence, including evidence that the physician entered notes into the medical record of a patient indicating that he was present for the delivery of a baby when he was not present.   The court did not consider the physician’s due process argument (that he was not given an opportunity for oral argument to the board’s hearing panel) because it was not supported by factual record or legal authority.