A Tennessee physician was arrested for DUI and charged with unprofessional conduct.
Ernest Kleier was unhappy with the state Medical Board Decision that took action against his license for a DUI. He argued the charge of unprofessional conduct was constitutionally vague because it did not spell out what “unprofessional, dishonorable, or unethical conduct” meant. On appeal, the Court agreed with Kleier, at which point the state medical board appealed to the state Court of Appeals; the Board prevailed in the case and their Decision was sustained.
Does a state medical board have the right to inquire into any act or omission that is related to the duties and functions of a licensed medical doctor and any other professional or occupational licensee? It has been opined that driving under the influence of alcohol evinces poor judgment since it places the driver, anyone else in the vehicle, and others on the road in danger of an accident and/or injury. However, this is a slippery slope and now some state Boards consider an infraction with a fine of $300 or more a basis for disciplinary action. This makes it even more prudent to retain an experienced state board license defense attorney when applying for licensure, renewing a license and if one ever is contacted by a state board seeking to interview, talk to and/or meet with you or someone you know in that situation. It is possible to negate and disprove the charges at the criminal stage of the case by a compelling defense and offense; and, it is the practice of Spital & Associates to provide a comprehensive legal and factual written presentation in addition to marginalize the case at the Board level.