Colorado State Board of Medical Examiners v. Lopez-Samayoa

887 P.2d 8, 18 Brief Times Rptr. 2187, 1994 Colo. LEXIS 883, 1994 WL 703301
CourtSupreme Court of Colorado
DecidedDecember 19, 1994
Docket93SC454
StatusPublished
Cited by13 cases

This text of 887 P.2d 8 (Colorado State Board of Medical Examiners v. Lopez-Samayoa) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colorado State Board of Medical Examiners v. Lopez-Samayoa, 887 P.2d 8, 18 Brief Times Rptr. 2187, 1994 Colo. LEXIS 883, 1994 WL 703301 (Colo. 1994).

Opinions

Justice VOLLACK

delivered the Opinion of the Court.

We granted certiorari to review a judgment of the court of appeals in Lopez-Samayoa v. Colorado State Board of Medical Examiners, 868 P.2d 1110 (Colo.App.1993). The court of appeals held that Omar Lopez-Samayoa, M.D. (Dr. Lopez), failed to meet generally accepted standards of medical practice in his care of five patients, and remanded the case to the State Board of Medical Examiners (the Board) for reconsideration of the Board’s sanctions against Dr. Lopez. In doing so, the court of appeals [9]*9reviewed two separate orders of the Board, the second of which was issued during the pendency of Dr. Lopez’s appeal from the first order.

We find that the Board was without jurisdiction to issue a second order. Accordingly, the Board’s second order is a nullity and the court of appeals erred in incorporating it as part of the record. We reverse and remand the case with directions.1.

I.

Dr. Lopez obtained his license to practice medicine in Colorado on August 10,1984, and began a private family and surgical practice in Julesburg, Colorado. On October 10, 1990, the Board filed a formal complaint against Dr. Lopez. The complaint alleged that Dr. Lopez engaged in unprofessional conduct by failing to meet generally accepted standards of medical practice in his care of seven patients, in violation of section 12-36-ll7(l)(p), 5B C.R.S. (1991).2

Dr. Lopez answered the complaint, denying all of the Board’s allegations. The case was heard before an Administrative Law Judge (ALJ) on April 22-26, April 29-30, and May 2-3, 1991. Dr. Lopez was represented by counsel at the hearing. Both parties called witnesses, offered exhibits, and were permitted to argue the case orally.

On June 10, 1991, the ALJ issued his initial decision, concluding that Dr. Lopez had failed to meet generally accepted standards of medical practice in his care of five patients, thereby subjecting him to discipline by the Board.3 The ALJ recommended that Dr. Lopez’s license be subject to a two-year period of probation, rather than suspension or revocation. In addition, the ALJ recommended that a method be developed to monitor Dr. Lopez’s practice. The ALJ also recommended that Dr. Lopez take part in some type of educational program, particularly in the area of interpersonal skills. To that end, the ALJ directed Dr. Lopez to undergo an assessment of his knowledge and medical skills through a program called the Colorado Personalized Education Program for Physicians (CPEPP), and to participate in an educational program developed by CPEPP if the results of the assessment indicated that such a program was appropriate. Finally, the ALJ recommended that Dr. Lopez be required to take other continuing education courses, the content of which would be determined by the Board.4

Both Dr. Lopez and the panel of the Board assigned to investigate his case (the inquiry panel)5 filed exceptions to the initial decision, [10]*10along with supporting briefs.6 Dr. Lopez argued that the ALJ erred in finding that his care of the five patients fell below generally accepted standards of medical practice, and requested the hearing panel to reverse the ALJ’s decision.

The inquiry panel urged the Board to adopt the ALJ’s findings of fact and conclusions of law, but argued that the Board should impose greater sanctions than those recommended by the ALJ. Specifically, the inquiry panel recommended that Dr. Lopez’s license to practice medicine be suspended for at least ninety days, and that he be required to enroll and participate in CPEPP as a condition to reinstatement of his license. The panel further recommended that the period of suspension be followed by a five-year period of probation, during which Dr. Lopez’s practice would be monitored. Finally, the panel recommended that Dr. Lopez be required to obtain a second opinion in all non-emergency Obstetrical and Gynecological (OB/GYN) surgical cases.

After a hearing at which both sides were permitted to orally argue their positions, the Board issued a decision entitled “Final Board Order” (the first order). In the first order, the Board adopted and affirmed the findings of fact and conclusions of law of the ALJ, but rejected the ALJ’s recommended disciplinary sanctions. The Board found that the sanctions recommended by the ALJ were insufficient to protect the public interest.

In its first order, the Board imposed a five-year period of probation on Dr. Lopez’s license to practice medicine, and delineated the conditions of the probation. As one condition, the Board directed Dr. Lopez to secure a licensed physician to randomly review both the office and hospital practices of Dr. Lopez, evaluate his patient care, and make monthly reports to the Board.

Additionally, the Board agreed with the ALJ that Dr. Lopez would benefit from additional professional education and training. As a second condition to the period of probation, the Board therefore ordered Dr. Lopez to undergo an assessment of his medical knowledge and skills by CPEPP. The first order provided that, once the CPEPP assessment was complete and the results forwarded to the Board, the Board would issue a “supplemental Order” directing Dr. Lopez to comply with specific educational requirements. In this respect, the first order provided as follows:

d. Following review of the CPEPP assessment results and the record in the case, the Board will issue a supplemental Order directing Respondent to acquire additional education, training, and skills achievement. The terms and conditions of the Order, insofar as they pertain to education, training, and skills achievement, shall not exceed requirements that Respondent promptly enter a residency training program, approved by the Accreditation Council for Graduate Medical Education (“ACGME”) and acceptable to the Board, that Respondent limit his medical practice to that required by the training program until he satisfactorily completes the residency, and that Respondent achieve specialty certification by a board approved by the American Board of Medical Specialties (“ABMS”). The Order may place requirements and limitations upon [Respondent with respect to the time frame within which he must enter and complete education, training and skills achievement, and may limit or restrict the nature of his medical practice until the required education, training, and skills achievement have been accomplished.

The first order provided that any violation of the order would constitute unprofessional conduct, subjecting Dr. Lopez to further disciplinary action under section 12-36-118, 5B C.R.S. (1991). It also provided that the inquiry panel assigned to his case would monitor Dr. Lopez’s compliance with the first order, and reserved the right to pursue additional disciplinary action if Dr. Lopez otherwise violated the Medical Practice Act. Finally, the last paragraph of the first order provided as follows:

[11]*11This decision becomes final upon mailing. Any party adversely affected or aggrieved by any agency action may commence an action for judicial review before the Court of Appeals within forty-five (45) days after such action becomes effective. Reference Sections 24-4-106(11) and 12-36-119(2), C.R.S.

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Colorado State Board of Medical Examiners v. Lopez-Samayoa
887 P.2d 8 (Supreme Court of Colorado, 1994)

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Bluebook (online)
887 P.2d 8, 18 Brief Times Rptr. 2187, 1994 Colo. LEXIS 883, 1994 WL 703301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colorado-state-board-of-medical-examiners-v-lopez-samayoa-colo-1994.