1.
a)
Right to be heard – Physicians should have the opportunity to present their side of the case and defend themselves against the allegations.
b)
Legal representation – Physicians should have the right to be represented by an attorney
during any disciplinary proceedings.
c)
Right to appeal – Physicians should have the right to appeal the decisions made by the disciplinary body to a higher authority or court, providing an opportunity for a review of the case. d)
Right to fair hearing – The physician should have the right to present evidence and cross-
examine witness. 2&3. Physician disciplinary action can be appropriately considered within the realm of public law as it involves the protection of the public from incompetent or unethical practitioners. However certain types of wrongdoing, such as sexual misconduct, improperly prescribing medications, and abusing alcohol and other substances may be subject to private law action between the physician and the wronged party. 4. Felonies committed outside the individuals practice of medicine should not be subject to state government disciplinary action unless they are related to the individuals practice of medicine. However, if the felony was committed during the physicians practice of medicine, such as prescribing medication without a license, or performing procedures without training, disciplinary action may be warranted. The line would be drawn based on the specific circumstances of the case.
