Eist v. Maryland State Bd. of Physicians

Petition for certiorari denied on October 3, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1425 Md. Ct. App. N/A N/A N/A N/A OT 2011

Issue: (1) Whether a state may restrict a patient's federal constitutional right to privacy by compelling a physician to disclose confidential patient records without notice to and authorization by the patient and in conflict with the physician's ethical obligations; (2) whether a state agency may simultaneously serve as investigator, prosecutor and adjudicator with respect to a licensee under its jurisdiction without amending the state's constitution which explicitly separates legislative, executive and judicial powers; and (3) whether a physician may be disciplined by a state's medical licensing board if: (a) the relevant statutory language - “fails to cooperate with a lawful investigation” - is unconstitutionally vague; (b) the board never notified the patients it was seeking their confidential medical records; or (c) the board's simultaneous roles as investigator, prosecutor and adjudicator deprive petitioner of his right to due process.

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Certiorari-stage documents

 
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