Opinion

Cochran v. Alabama Board of Medical Examiners

  • 159 So. 3d 735
  • 2013 Ala. Civ. App. LEXIS 83
  • 2013 WL 1500474
Court
Court of Civil Appeals of Alabama
Filed
Apr 12, 2013
Status
Published
Author
Moore
On the bench
Donaldson, Moore, Pittman, Thomas, Thompson, Writing
Cited by
0 cases

The opinion

On Application for Rehearing

MOORE, Judge.

On application for rehearing, Morris W. Cochran, M.D., asserts that the Medical Licensure Commission (“the commission”) did, in fact, take action against his Alabama Controlled Substances Certificate. Thus,, he argues, the action of the Alabama Board of Medical Examiners (“the board”) in revoking his Alabama Controlled Substances Certificate was barred by the doctrine of res judicata. After considering the relevant statutes as set forth in this court’s April 12, 2013, opinion on original submission, 159 So.3d at 736, the briefs of the parties, and the amicus brief filed by the commission, we conclude that this court was correct in our determination that the commission had no authority to take any action against Cochran’s Alabama Controlled Substances Certificate in the revocation action before the commission; any action taken by the commission in that action was simply a restriction on Cochran’s license to practice medicine. Therefore, this court correctly determined that the revocation action initiated by the board was not barred by the doctrine of res judicata.

APPLICATION OVERRULED.

THOMPSON, P.J., and PITTMAN, THOMAS, and DONALDSON, JJ., concur.

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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