Balian v. Board of Licensure in Medicine

[¶ 1] Epiphanes K. Balian appeals from the judgment entered in the Administrative Court (Beaudoin, C.J.) affirming the decision and order of the Board of Licensure in Medicine imposing a $1,500 civil penalty against him for “unprofessional conduct” in violation of 32 M.R.S.A. § 3282-A(2)(F) (Supp.1998)1 for his failure to release medical records to his patient’s doctors. On appeal, Balian argues that the Board’s failure to establish by record evidence the ethical standards governing the release of medical records violated Balian’s due process rights. We agree and vacate the court’s decision.

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