Medical Licensing Board v. Provisor

OPINION

BAKER, Judge.

In this interlocutory appeal, we are asked to consider whether, in light of the doctrine of separation of powers, a trial court has the authority to enjoin the Medical Licensing Board, an administrative agency, in its decision not to renew a physician’s medical license.

FACTS

In September 1993, appellee-petitioner Dr. Deborah Provisor, a pediatrician, was convicted of Child Molesting, 1 a Class D felony. As a result, the State filed a petition with appellant-respondent the Medical Licensing Board of Indiana (Board) seeking to revoke Provisor’s medical license. Following a…