Ernest B. Kleier, Jr., M.D. v. Tennessee Board of Medical Examiners

Ernest B. Kleier, Jr., M.D. v. Tennessee Board of Medical Examiners
M2012-00463-COA-R3-CV

A physician convicted of driving under the influence in another state was adjudged to have engaged in “unprofessional, dishonorable or unethical conduct”, as proscribed by Tenn. Code Ann. § 63-6-214(b)(1), by the Tennessee Board of Medical Examiners; the Board placed the physician’s medical license on probation and ordered him to obtain treatment and counseling. On petition for review, the Chancery Court held that the statute was unconstitutionally vague and reversed the Board’s decision. We reverse, holding that Tenn.Code Ann.§ 63-6-214(b)(1) provides sufficient notice to the physician that his conduct was subject to potential discipline by the Board.

Authoring Judge: 
Judge Richard H. Dinkins
Originating Judge: 
Chancellor Carol L. McCoy
Date Filed: 
Wednesday, January 9, 2013