Barone v. Prack

Petitioner’s defense to the charges was that certain medication prescribed by his physician caused him to have difficulty urinating and rendered him incapable of providing a urine specimen. His sole contention in the instant proceeding is that he was improperly denied the right to call his physician to testify *1000to this effect at the hearing. Based upon our review of the record, we agree. The only medical witness to testify at the hearing was the facility nurse administrator who acknowledged that difficulty urinating was a side effect of the medication, but noted that petitioner’s medical…