Picard v. Am. Bd. of Fam. Med. — Oct. 2015 (Summary)

CERTIFYING BOARD – FAIR PROCESS

Picard v. Am. Bd. of Fam. Med.
Case No. 13-14552 (E.D. Mich. Oct. 22, 2015)

The United States District Court for the Eastern District of Michigan granted summary judgment to the American Board of Family Medicine (“ABFM”) for claims of violation of due process and defamation made by a physician. The ABFM is a corporate medical specialty board that certifies physicians in the medical specialty of family medicine. Board certification is voluntary; however, it is seen as an indicator of quality and excellence in the practice of family medicine.

The component at issue in this case was professionalism, which requires physicians to maintain a valid, full, and unrestricted medical license. The physician was a recovering drug and alcohol addict, who suffered a relapse. The physician then entered a 90-day residential treatment program, but tested positive for cocaine on a random drug screen. After receiving notice and process, the Michigan Department of Community Health filed an administrative complaint against the physician. This resulted in a summary suspension of the physician’s medical license. Eventually, the physician’s medical license was reinstated and he was placed on probation with monitoring requirements.

Three months later, the ABFM retroactively rescinded the physician’s certification. The physician’s employment was terminated as a result of his inability to gain ABFM certification. The court felt that this decision was not arbitrary or unreasonable because the bases were supported by the evidence and it was substantively rational. Furthermore, the physician was afforded both fair notice and fair procedure during the decertification process, and therefore his procedural rights were not violated.