State Med. Bd. of Ohio

Appellant's second assignment of error was not rendered moot by virtue of our determination regarding his first assignment of error and remand to the trial court. Thus, upon remand, in addition to conducting the proper review as set forth in R.C. 119 in the first instance as instructed in our prior decision, the trial court is hereby instructed to consider and rule upon the assignments of error asserted by appellant in the trial court. Application for reconsideration granted.

The common pleas court did not err in upholding the state medical board's permanent revocation of a doctor's certificate to practice medicine after the board found that the doctor had practiced in the name of others while under suspension for having been convicted of seven felony counts of forgery. The doctor had conceded the misconduct and did not preserve for administrative appeal any argument that he had not engaged in the unauthorized practice of medicine. The court committed no error in finding that the state medical board's order was supported by reliable, probative, and substantial evidence, was in accordance with law, and imposed a sanction authorized by law. And the common pleas court also did not err in finding no constitutional imperative that the board be reconstituted before considering sanctions on remand from an earlier court determination, and that the board on remand had conducted its proceedings in keeping with law and with the court's earlier directives. Assignments of error overruled judgment affirmed.