You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

In re the Disciplinary Action Against Wang

Citations: 417 N.W.2d 268; 1987 Minn. App. LEXIS 5138; 1987 WL 25451Docket: No. C6-87-1337

Court: Court of Appeals of Minnesota; December 28, 1987; Minnesota; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by Dr. Joseph Wang against the Minnesota Board of Dentistry's decision to suspend his dental license due to allegations of professional misconduct and improper prescription practices. Dr. Wang was accused of making inappropriate advances toward three female patients, violating Minn. Stat. 150A.08, subd. 1(6), and improperly prescribing tetracycline for acne treatment, contrary to Minn. Stat. 150A.08, subd. 1(5). The Administrative Law Judge supported these findings, and the Board suspended Wang's license for at least a year with conditions for a stay. Wang contested the Board's findings, arguing insufficient evidence and procedural irregularities. The court upheld the suspension, affirming the credibility of the patients' testimonies over Wang's defense. However, the court reversed the Board's imposition of $35,000 in costs due to a lack of evidentiary support and inadequate procedural notice, remanding this issue for further proceedings. The ruling underscores the Board's authority in regulating professional conduct and the necessity for procedural fairness in assessing disciplinary costs.

Legal Issues Addressed

Assessment of Costs in Disciplinary Proceedings under Minn.Stat. 150A.08, subd. 3

Application: The court reversed the Board's cost assessment due to lack of evidence supporting the imposed amount, highlighting due process concerns.

Reasoning: Despite the Board's discretion to impose these costs, its method of doing so was improper, as there was no supporting evidence for the $35,000 assessment.

Improper Prescription Practices under Minn. Stat. 150A.08, subd. 1(5)

Application: Dr. Wang was found to have improperly prescribed tetracycline for acne treatment, beyond the scope of his practice as an oral maxillofacial surgeon.

Reasoning: The Board classified Wang's actions as improper or unauthorized prescribing of a legend drug, as prescribed by Minn.Stat. 150A.08, subd. 1(5).

Professional Misconduct under Minn. Stat. 150A.08, subd. 1(6)

Application: The court found Dr. Wang's advances toward female patients constituted professional misconduct as defined by state statutes and regulations.

Reasoning: The Board concluded Wang's conduct towards three female patients was unbecoming, as defined by the Board's rules, including making improper advances.

Substantial Evidence Standard in Administrative Proceedings

Application: The court upheld the Board's findings, noting substantial evidence supported the allegations against Dr. Wang despite his contestations.

Reasoning: The ALJ, however, found the patients’ testimonies more credible than Wang's defense, and the court noted it cannot reassess witness credibility.