Sachdev v. Oregon Medical Board

The board must comply with the Oregon Administrative Procedures Act, ORS 677.200, and requires the board to provide the licensee with a notice under the Fourteenth Amendment. Murphy v. Oregon Medical Board, 270 Or App 621, 622, 348 P3d 1173 (2015). ORS 184.415(3)(c) requires the board to provide a “’reference to the particular sections of the statutes and rules involved’” in the allegations.

Licensee appealed the judgment of the Oregon Medical Board (the board) revoking her medical license, requiring her to pay a $10,000 fine and the assessed costs of the trial for violating the Medical Practice Act. Licensee argued that the board’s notice of violations was inadequate because the board failed to include or cite the statute or rule that creates the violation, there were no specific bases identified to show “’unprofessional or dishonorable conduct, defined in ORS 677.188(4), and because it “didn’t identify which subsection of ORS 677.190 each factual allegation fell under.” The board argued that this particular case is distinguishable from past case precedent and that the notice adequately laid out the factual allegations to inform licensee. The board must comply with the Oregon Administrative Procedures Act, ORS 677.200, and requires the board to provide the licensee with a notice under the Fourteenth Amendment. Murphy v. Oregon Medical Board, 270 Or App 621, 622, 348 P3d 1173 (2015). ORS 184.415(3)(c) requires the board to provide a “’reference to the particular sections of the statutes and rules involved’” in the allegations. The Court held that the board adequately gave notice to the licensee of the violation of the ISO because the licensee could have understood the allegations and correctly used the statutes involved. The Court further held that the board inadequately gave notice to licensee’s violation of OAR 847-015-0015 and her violation of “unprofessional or dishonorable conduct” because the board did not provide the correct statutes and rules involved or provide an adequate basis of violated rules concerning “unprofessional or dishonorable conduct” under the statute defining such conduct. Reversed and remanded.