Opinion

Spray v. Board of Medical Examiners

  • 51 Or. App. 773
  • 627 P.2d 25
  • 1981 Ore. App. LEXIS 2445
Court
Court of Appeals of Oregon
Filed
Apr 20, 1981
Status
Published
Author
Gillette
On the bench
Gillette, Roberts, Campbell
Cited by
11 cases
Authority
More cited than 84.7%

stating that expert testimony determines the standard of conduct for unprofessional conduct and that, where expert witnesses disagree as to adequacy or appropriateness of treatment, the court reviews the board’s findings based on that testimony for substantial evidence

How later courts described this case

  • stating that expert testimony determines the standard of conduct for unprofessional conduct and that, where expert witnesses disagree as to adequacy or appropriateness of treatment, the court reviews the board’s findings based on that testimony for substantial evidence
  • statutory definition of “unprofessional and dishonorable conduct” “sets a standard that can only be determined on an individual case basis”

Written by the judges who cited it.

The opinion

*775

GILLETTE, P. J.

Both parties have petitioned for reconsideration of our decision in

Spray v. Bd. of Medical Examiners,

50 Or App 311 , 624 P2d 125 (1981). Rule 10.10, Rules of Appellate Procedure. The petition of petitioner Spray is denied. The petition of respondent Board of Medical Examiners (Board) is granted, and our former opinion is modified in the manner described below.

In our opinion in

Spray, 50

Or App at 326-329, we held that the Board’s meeting to decide Dr. Spray’s case should have been open to the public. That was error. ORS 192.690 provides, in pertinent part,

"(1) [The Open Meetings Law] shall not apply to

deliberations

* * * of state agencies conducting hearings on contested cases in accordance with the provisions of [the Administrative Procedures Act], the review of the Workers’ Compensation Board of similar hearings on contested cases, or to any judical proceeding.” (Emphasis supplied.)

Chir former opinion is modified accordingly. In all other respects, our former opinion is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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