Kentucky Board of Medical Licensure v. Strauss

On review of the decision of the Court of Appeals reversing a final order issued by the Kentucky Board of Medical Licensure issued against Appellee, the Supreme Court reversed, holding that the Court of Appeals misconstrued the relevant statutes.

Upon the issuance of a complaint against a physician, a hearing officer is appointed to conduct and evidentiary hearing and issue a recommended order. Thereafter, a hearing panel of the Board considers the matter and determines either to dismiss the complaint or to issue a final order regarding the violation and an appropriate penalty. In the instant case, the Court of Appeals concluded that the hearing officer erred by not recommending a specific penalty and that the Board’s hearing panel also erred by not independently reviewing the entire evidentiary record before rendering a final order. The Supreme Court reversed, holding (1) Ky. Rev. Stat. 13B.110(1) allows a hearing officer to recommend a penalty but does not require him or her to do so; and (2) Ky. Rev. Stat. 13B.120(1) requires the Board to consider the record but does not require the Board to review the proceedings in their entirety before issuing a final order.