Arlen v. State

399 N.E.2d 1251, 61 Ohio St. 2d 168, 15 Ohio Op. 3d 190, 1980 Ohio LEXIS 631
CourtOhio Supreme Court
DecidedFebruary 6, 1980
DocketNo. 79-363
StatusPublished
Cited by73 cases

This text of 399 N.E.2d 1251 (Arlen v. State) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arlen v. State, 399 N.E.2d 1251, 61 Ohio St. 2d 168, 15 Ohio Op. 3d 190, 1980 Ohio LEXIS 631 (Ohio 1980).

Opinions

Locher, J.

Appellant asserts two propositions of law that involve the application of R. C. 4731.22 and certain sections of the AMA Code of Ethics.

R. C. 4731.22 states, in pertinent part:

“(B) The [state medical] board shall, t$ the extent permitted by law, limit, reprimand, revoke, suspend, place on probation, refuse to register, or reinstate a certificate for one or more of the following reasons:

<< * * *

“(2) Failure to use reasonable care discrimination in the administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease;

a * * *

“(6) A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the [171]*171same or similar circumstances, whether or not actual injury to a patient is established;

U * * *

“(8) Knowingly maintaining a professional connection or association with a person who is in violation of this chapter or rules of the board or with a person who knowingly aids, assists, procures or advises an unlicensed person to practice medicine contrary to this chapter or rules of the board;

“(15) The violation of any provision of a code of ethics of a national professional organization as specified in this division. ‘National professional organization’ means the American medical association, the American osteopathic association, the American podiatry association, the American physical therapy association, and such other national professional organizations as are determined, by rule, by the state medical board. The state medical board shall obtain and keep on file current copies of the codes of ethics of the various national professional organizations. The practitioner whose certificate is being suspended or revoked shall not be found guilty of the violation of a code of ethics of an organization not appropriate to his profession.”

Section 4 of the AMA Code of Ethics provides as follows:

“The medical profession should safeguard the public and itself against physicians deficient in moral character or professional competence. Physicians should observe all laws, uphold the dignity and honor of the profession and accept its self-imposed disciplines. They should expose, without hesitation, illegal or unethical conduct of fellow members of the profession.”

Section 7 of the AMA Code of Ethics provides that:

“In the practice of medicine a physician should limit the source of his professional income to medical services actually rendered by him, or under his supervision, to his patients. His fee should be commensurate with the services rendered and the patient’s ability to pay. He should neither pay nor receive a commission for referral of patients. Drugs, remedies or appliances may be dispensed or supplied by the physician provided it is in the best interests of the patient.”

[172]*172 I.

In its first proposition of law, appellant asserts that an administrative licensing board in a disciplinary action may rely on its own expertise in deciding whether a standard of practice has been met.

The appellate court determined that the order of the State Medical Board suspending Dr. Arlen’s license must be reversed because of the absence of an expert opinion acknowledging that Dr. Arlen failed to use “reasonable care discrimination in the administration of drugs,” as provided in R. C. 4731.22(B)(2).

For the reasons hereinafter set forth, expert testimony as to a standard of practice is not mandatory in a license revocation hearing and the board may rely on its own expertise to determine whether a physician failed to conform to minimum standards of care.

Dr. Arlen was charged with the “[f]ailure to use reasonable care” and a “departure from, or failure to conform to, minimal standards of care,” as espoused in R. C. 4731.22(B)(2) and (6), respectively.

R. C. 4731.22 specifies the grounds for revoking, suspending, reprimanding and refusing a license for the practice of medicine in order to maintain a criterion or minimum standard appropriate for the profession.

Similar to the reasonably prudent man standard of tort law, a physician, who is regulated under the mandates of R. C. 4731.22, must “use reasonable care” and “conform” to “minimal standards of care of similar practitioners under the same or similar circumstances.”

In a tort action, a jury is given the delicate task of weighing and considering evidence and determining whether an individual has acted within the purview of a “reasonably prudent man.” In tort actions, the trier of facts has knowledge or experience of common occurrences and determines whether certain acts fall below the statutory standard.

A medical disciplinary proceeding, such as in the instant cause, is a special statutory proceeding which purports to maintain sound professional conduct. The licensing board, which is comprised of individuals fitted by training and ex[173]*173pertise to perform the duties imposed upon it, weighs and considers whether a certain act is one of “reasonable care discrimination” or a departure from the “minimal standards of care” within the medical profession.

The need for expert medical testimony is quite evident when the trier of facts is confronted with issues that require scientific or specialized knowledge or experience beyond the scope of common occurrences. However, the need for expert opinion testimony is negated where the trier of facts, such as in the instant cause, is possessed of appropriate expertise and is capable of drawing its own conclusions and inferences.

It is provided in R. C. 4731.01 that the State Medical Board consist of ten members, eight of whom shall be physicians and surgeons licensed to practice in Ohio, seven of whom must hold the degree of doctor of medicine, one the degree of doctor of podiatric medicine, and one the degree of doctor of osteopathy. The board members are selected by the Governor, with the advice and consent of the Senate. This distinguished medical board is capable of interpreting technical requirements of the medical field and is quite capable of determining when certain conduct falls below a reasonable standard of medical care.

In discussing the legislative intent for the existence of such board, this court, in Farrand v. State Medical Board (1949), 151 Ohio St. 222, at page 224, stated:

“***The purpose of the General Assembly in providing for administrative hearings in particular fields was to facilitate such matters by placing the decision on facts with boards or commissions composed of men equipped with the necessary knowledge and experience pertaining to a particular field.***”

The Connecticut Supreme Court of Errors, in Jaffe v. State Department of Health (1949), 135 Conn. 339, 64 A. 2d 330, addressed the same issue as in the case at bar. In discussing the need for expert opinion for such a specialized board, such as in the instant cause, that court stated, at pages 349-350:

“***Expert opinions of other physicians offered before it could have been disregarded by it, and from a practical standpoint would in all probability have little, if any, effect in [174]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Valko v. State Med. Bd. of Ohio
2023 Ohio 4676 (Ohio Court of Appeals, 2023)
Prude v. State Bd. of Edn.
2023 Ohio 1672 (Ohio Court of Appeals, 2023)
Khemsara v. Ohio Veterinary Med. Licensing Bd.
2023 Ohio 718 (Ohio Court of Appeals, 2023)
Lake Front Med., L.L.C. v. Ohio Dept. of Commerce
2022 Ohio 4281 (Ohio Court of Appeals, 2022)
T.E. v. State Med. Bd.
2022 Ohio 1471 (Ohio Court of Appeals, 2022)
Langdon v. Ohio Dept. of Edn.
2017 Ohio 8356 (Ohio Court of Appeals, 2017)
Demint v. State Med. Bd. of Ohio
2016 Ohio 3531 (Ohio Court of Appeals, 2016)
Singer v. Davids
2011 Ohio 4434 (Ohio Court of Appeals, 2011)
Ridgeway v. Medical Bd. of Ohio, 07ap-446 (3-25-2008)
2008 Ohio 1373 (Ohio Court of Appeals, 2008)
Haj-Hamed v. State Med. Bd. of Ohio, 06ap-351 (5-24-2007)
2007 Ohio 2521 (Ohio Court of Appeals, 2007)
Politi v. State Medical Board, 06ap-914 (5-10-2007)
2007 Ohio 2240 (Ohio Court of Appeals, 2007)
McAdams v. Dept. of Commerce, Unpublished Decision (5-11-2006)
2006 Ohio 2321 (Ohio Court of Appeals, 2006)
Reed v. State Med. Bd. of Ohio
833 N.E.2d 814 (Ohio Court of Appeals, 2005)
Dahlquist v. Medical Bd., Unpublished Decision (5-10-2005)
2005 Ohio 2298 (Ohio Court of Appeals, 2005)
Senn v. Cleveland, Unpublished Decision (2-24-2005)
2005 Ohio 765 (Ohio Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
399 N.E.2d 1251, 61 Ohio St. 2d 168, 15 Ohio Op. 3d 190, 1980 Ohio LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arlen-v-state-ohio-1980.