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Levin be disciplined as the Board of Medicine deemed appropriate. In a subsequent appeal from the district court's decision where the district court was acting in its appellate capacity in a review under the APA, this Court reviews the agency record independently of the district court's decision. Furthermore, the adoption of this regulation by the Board clearly falls within the Board's authority in implementing the purpose expressed by the statute. Levin suggests that the regulation is defective because it includes as prohibited conduct a sexual relationship between a physician and a “former patient,” the regulation is not overbroad nor vague in the context of the facts found by the Board in this case. There was no evidence that a discriminatory plan existed on anyone's part to subject Dr.The Board adopted the hearing officer's findings, conclusions and recommended order, with clarification of the disciplinary sanctions. This case did not involve a doctor and a former patient; it involved sexual activities between a physician and a patient, KH, who currently was receiving care and treatment from the doctor at the time of the intimate affairs. Levin was found to have violated § 54-1814(22) and regulation 101.04.d in his activities with patient KH, the disciplinary action can be upheld without regard to whether I. § 54-1814(7) was violated and whether regulation 101.03.d may be overbroad, vague or in excess of the Board's authority to adopt rules in other contexts. Levin to licensure discipline based upon an unjustifiable classification.
You can read book reviews and success stories here.“The construction given a statute by the executive and administrative officers of this state is entitled to great weight and will be followed by the Court unless there are cogent reasons for holding otherwise.” Kopp v. Idaho Code § 54-1814 provides that every person licensed to practice medicine in this state is subject to discipline by the Board as a result of:(7) The provision of health care which fails to meet the standard of health care provided by other qualified physicians in the same community or similar communities, taking into account his training, experience and the degree of expertise to which he holds himself out to the public.2. (Board Rule 101.03) provides that, as grounds for suspension, revocation or disciplinary sanctions, providing health care which fails to meet the standard of health care provided by other qualified physicians in the same or similar communities includes but is not limited to:d.