State ex rel. State Board of Medical Examiners v. Naifeh

The first-impression issue before us is whether the provisions of 59 O.S.1971 § 513 afford a constitutionally permissible barrier to a medical practitioner’s [physician’s] district court appeal for review, on the record, of an order by the Board of Medical Examiners [Board] which placed him on a two-year probation for “indiscriminate and excessive” prescribing of controlled dangerous substances. My resolution of this issue must be by a negative answer. Section 513, insofar as it appears to vest in this court, to the exclusion of the district court, reviewing power over the Board’s decisions,…