State Medical Board of Ohio

The trial court did not err by adopting the State Medical Board's ("board") order to suspend appellant's license to practice medicine for an indefinite period, not less than one year. The board's consideration of appellant's disclosures to third-parties that were not expressly stated in the notice, including potentially uncharged misconduct, were aggravating factors pursuant to the board's rules and did not constitute a due process violation. Statements by a member of the board when reviewing appellant's case amounted to commentary and not new evidence in violation of appellant's due process rights. The trial court did not abuse its discretion finding the board's determination that appellant committed a sexual misconduct violation was based on reliable, probative, and substantial evidence. Judgment affirmed.

The common pleas court did not abuse its discretion in upholding the determination of the state medical board permanently to revoke the license of a doctor who, even after having been convicted of a federal felony, was convicted by plea of seven subsequent felonies under Ohio law. Medical board proceedings do not allow collateral attack on criminal convictions, and neither that rule nor the enforcement there of certain relevancy limitations on the introduction of supposed mitigation evidence violates due process. The board was authorized by law to strip the doctor of his medical license, and courts are not empowered to recalibrate that sanction. Judgment affirmed.