Bigelsen v. Arizona State Board of Medical Examiners

OPINION

TOCI, Presiding Judge.

This appeal requires us to clarify the application of the statutory scheme for discipline of physicians who are licensed by both the Arizona Board of Medical Examiners (“BOMEX”) and the Arizona Board of Homeopathic Examiners (“Homeopathic Board”). Specifically, we must decide whether Ariz.Rev.Stat.Ann. (“A.R.S.”) sections 32-1407 and 32-2907 bar BOMEX from investigating and taking disciplinary action against Harvey Bigelsen, M.D., a dual-licensed physician, when the Homeopathic Board has already investigated and dismissed the same complaints.

We hold that because…