Boyd v. State Board of Registration for the Healing Arts

916 S.W.2d 311, 1995 Mo. App. LEXIS 2073, 1995 WL 752090
CourtMissouri Court of Appeals
DecidedDecember 19, 1995
Docket66185
StatusPublished
Cited by16 cases

This text of 916 S.W.2d 311 (Boyd v. State Board of Registration for the Healing Arts) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. State Board of Registration for the Healing Arts, 916 S.W.2d 311, 1995 Mo. App. LEXIS 2073, 1995 WL 752090 (Mo. Ct. App. 1995).

Opinions

WHITE, Special Judge.

Dr. Sheila D. Boyd appeals from the trial court’s judgment affirming the discipline imposed by the State Board of Registration for the Healing Arts (“Board”) after a finding by the Administrative Hearing Commission (“AHC”) of cause to discipline Dr. Boyd. We affirm in part, reverse in part and remand.

The Board filed a five count complaint against Dr. Boyd. In Count I, the Board alleged Dr. Boyd practiced medicine without being licensed by the State of Missouri. The Board alleged in Count II Dr. Boyd signed an application for Missouri Medicaid provider numbers without being licensed by the State of Missouri. The Board alleged in Count III Dr. Boyd signed an application for a Medicare provider number without being licensed by the State of Missouri. The Board would subsequently dismiss Counts IV and V with prejudice. The parties submitted the case to the AHC for partial summary determination. [313]*313The AHC concluded Dr. Boyd’s license was subject to discipline under Count I for Dr. Boyd’s violation of § 334.100.2(6) RSMo Supp.1987.1 Thereafter, the Board and Dr. Boyd entered into a stipulation of facts for submission of the case to the AHC.

The Board and Dr. Boyd stipulated to the following facts regarding Count I. In 1985, the District of Columbia issued Dr. Boyd a license to practice medicine. Dr. Boyd’s District of Columbia license remained active and in good standing through 1990. The People’s Health Centers (“People’s”) in St. Louis hired Dr. Boyd as a pediatrician on or about September 12, 1988. Dr. Boyd practiced medicine in the State of Missouri without a Missouri medical license from September 12, 1988 until November 8, 1988.2 Dr. Boyd consented to the issuance of an order by the AHC that cause existed for the Board to take disciplinary action against her medical license because she knowingly practiced medicine in Missouri without a Missouri license.

The Board and Dr. Boyd stipulated to the following facts regarding Counts II and III. On September 12, 1988, Dr. Boyd completed a portion of a Medicaid-Provider Enrollment Application. Dr. Boyd filled in her name, social security number, date of application, business address and telephone number. This application contained preprinted language above Dr. Boyd’s signature which provided by signing the document she certified the information was correct, there were no material omissions and if the information became materially different she would supplement the information. On September 27, 1988, Dr. Boyd signed a second Medicare-Provider Enrollment Application. The information in the second application was not completed by Dr. Boyd and this application contained the same preprinted language as the first application. On September 27,1988, Dr. Boyd signed two Missouri Medicaid-Provider Questionnaires. The block asking for the doctor’s state license number was blank when Dr. Boyd signed these two documents. By signing the questionnaires with blanks, Dr. Boyd knew they could be completed with incorrect information concerning her license. People’s forwarded the applications and questionnaires and Dr. Boyd was issued two Medicaid provider numbers. People’s received approximately $4000 for services provided by Dr. Boyd from September 1988 to December 1988. Dr. Boyd did not directly apply for or receive any reimbursement from Medicaid. On September 29,1988, Dr. Boyd signed an incomplete application form for a Medicare provider number. Dr. Boyd knew the application called for a Missouri license number and she knew she left this information blank. When Dr. Boyd signed this form she knew or reasonably should have known it could have been completed with incorrect information. No Medicare funds were issued against the provider number issued to Dr. Boyd.

The AHC concluded there was cause to discipline Dr. Boyd as charged in Count I. The AHC also concluded there was cause to discipline Dr. Boyd’s license as charged in Counts II and III under § 334.100.2(4) but no cause to discipline under §§ 334.100.2(4)(a), (14) and (17). The Board then held a hearing to determine the discipline to be imposed. The Board ordered Dr. Boyd’s license suspended for six months to be followed by five years probation. Dr. Boyd filed a petition for review by the circuit court. The circuit court affirmed and Dr. Boyd raises four points on appeal.

We note initially the AHC concluded and Dr. Boyd stipulated there was cause to discipline her license as charged by the Board in Count I. Dr. Boyd stipulated she practiced medicine in Missouri without being licensed by Missouri. Section 334.100.2(6) RSMo 1994 provides the Board may file a complaint with the AHC for violation of any rule of Chapter 334. Section 334.010 RSMo 1994 prohibits the practice of medicine, as defined, without being a “registered” physician. Under the applicable statutory provisions in Chapter 334 there was cause to discipline Dr. Boyd for her practice of medicine without a Missouri license. The trial court’s judgment is affirmed as to Count I.

[314]*314In her first two points, Dr. Boyd challenges the finding of cause to discipline under Counts II and III. We review the decision of the agency and not the judgment of the circuit court. Francois v. State Board of Registration for the Healing Arts, 880 S.W.2d 601, 602 (Mo.App.E.D.1994).

In its complaint, the Board asserted subdivisions (3), (4), (4)(a), (14) and (17) of § 334.100.2 as the grounds for disciplining Dr. Boyd on Counts II and III.3 As to Counts II and III, the AHC concluded there was cause to discipline Dr. Boyd for unethical and unprofessional conduct under subdivision (4) of § 334.100.2. The AHC did not find cause to discipline under subdivision (4)(a) because the stipulated facts failed to establish a specific intent to deceive which is necessary to find fraud, deception or misrepresentation. The AHC also found no cause to discipline under subdivisions (14) and (17) because the facts did not support a finding of the requisite scienter element under either subdivision.4 The AHC asserted both subdivisions require the false statement to be made “knowingly.” The AHC then stated:

As used in § 334.100.2, “knowingly” means “ ‘with awareness, deliberateness or intention,’ WEBSTER’S THIRD INTERNATIONAL DICTIONARY!;.]” Rose v. State Bd. of Reg’n for the Healing Arts, 397 S.W.2d 570, 577 (Mo.1965). Boyd left the spaces blank on the Medicaid questionnaires and the Medicare application, and there is no evidence that she “knew” someone else would fill in a false statement. Boyd’s conduct was careless enough to constitute unethical or unprofessional conduct, but that does not mean that she was aware or intended for someone else to fill in a false license number. Therefore, we do not find cause to discipline under § 334.100.2(14) or (17).

In her first point Dr. Boyd contends, in part, the legislature clearly expressed in subdivision (17) the boundaries regarding physician involvement with government reimbursement programs. According to Dr. Boyd, the AHC’s finding the evidence failed to establish cause for discipline under subdivision (17) precludes the agency from then finding cause under subdivision (4) when the alleged violation concerns government reimbursement programs.

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Boyd v. State Board of Registration for the Healing Arts
916 S.W.2d 311 (Missouri Court of Appeals, 1995)

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Bluebook (online)
916 S.W.2d 311, 1995 Mo. App. LEXIS 2073, 1995 WL 752090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-state-board-of-registration-for-the-healing-arts-moctapp-1995.