Joseph Edward Rich, M.D. v. Tennessee Board of Medical Examiners

This is an administrative appeal arising from the suspension of a doctor’s medical license by the Tennessee Board of Medical Examiners. The appellant’s medical license was suspended by the Board following its finding that he violated four provisions of the Tennessee Medical Practice Act, three state regulations, and one provision of the United States Code. The violations related to his use of chelation therapy and intravenous hydrogen peroxide therapy, and his use of methadone to treat patients. Following the Board’s decision, the appellant filed a petition for judicial review before the chancery court. The chancery court affirmed the decision of the Board. The appellant raises numerous issues on appeal, inter alia, that the Board’s decision was arbitrary and capricious and that the Board’s decision was not supported by substantial and material evidence. We reverse the finding that Dr. Rich was in violation of subsections (1), (4) and (12) of Tenn. Code Ann. § 63-6-214(b) because the Board did not articulate the applicable standard of care, as required by Tenn. Code Ann.§ 63-6-214(g), to demonstrate his violations of that standard. We affirm the chancery court on all other issues including the findings that Dr. Rich violated of subsection (14) of Tenn. Code Ann. § 63-6-214(b), Tenn. Comp. R. & Regs. 0880-2-.14(6)(c), Tenn. Comp. R. & Regs.§ 0880-2-.14(6)(e)(3)(ii) and 21 U.S.C.A § 823(g)(1). Due to our reversal of the Board’s finding on three of the seven charges against Dr. Rich, we remand this action for the reconsideration of the sanctions against him.