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S.D.Ohio: Practice of Medicine a pervasively regulated business

By John Wesley Hall, Jr.

The Practice of Medicine is a pervasively regulated industry, so its subpoenas and records search was governed by Burger. This suit is thus barred by qualified immunity. Desilva v. State Med. Bd. of Ohio, 2010 U.S. Dist. LEXIS 40059 (S.D. Ohio April 23, 2010): In addition, Ohio requires that each person who practices medicine in the state to apply for and take an examination to determine his or her competence to practice medicine. See Ohio Rev. Code § 4731.13. If an individual passes the examination, the Board issues a certificate stating that the person is authorized to practice medicine. See Ohio Rev. Code § 4731.14. This certificate to practice can be revoked by the Board for numerous reasons which are enumerated in Ohio Revised Code § 4731...continue to full post

Full post as published by Fourth Amendment on April 28, 2010 (boomark / email).