Joseph Edward Rich, M.D. v. Tennessee Board of Medical Examiners

Summary

The Tennessee Supreme Court reviewed the disciplinary suspension of Dr. Joseph Edward Rich by the Tennessee Board of Medical Examiners. The Court held that Tennessee Code Annotated section 63-6-214(g) required the Board to articulate the applicable standard of care in its deliberations, even when expert testimony addressed that standard, unless the respondent admitted a violation. The Court vacated the trial court’s judgment in part and remanded the matter to the Board for further deliberations based on the existing record.

Holdings

1. When a disciplinary action is based on a subsection in which the standard of care is an issue, Tennessee Code Annotated section 63-6-214(g) requires the Board to articulate the applicable standard of care in its deliberations, unless the respondent or the respondent's agent admits or testifies that the standard was violated. Expert testimony does not eliminate that requirement.
2. The Board's failure to articulate the applicable standard of care was an error of law and a deficiency in the record warranting remand, not reversal, for deliberations based on the existing administrative record.

Questions Presented

1. Whether Tennessee Code Annotated section 63-6-214(g) required the Board of Medical Examiners to articulate the applicable standard of care in its deliberations when determining whether Dr. Rich violated section 63-6-214(b)(1), (4), and (12).
2. Whether the Board's failure to articulate the standard of care required reversal of the findings or instead warranted a remand for correction based on the existing administrative record.

Disposition

other