John F. Begg, D.D.S. v. Nicole Alexander-Scott, M.D., in her capacity as Director for the State of Rhode Island Department of Health

Syllabus

The appellant dentist sought review on certiorari of a Superior Court judgment in favor of the appellees upholding the revocation of his license to practice dentistry for two years and requiring him to pay the cost of an outside monitoring service to review his records for the first year after his reinstatement. The appellant asserted that the trial justice erred in finding that the Department of Health and the Board of Examiners in Dentistry of the DOH had subject-matter jurisdiction over the administrative proceedings, that the appellees were not required to seek confidential patient healthcare information by subpoena, and that the sanctions imposed were appropriate. The Supreme Court concluded that the Superior Court did not err in upholding the Board's decision. First, the Supreme Court concluded that the notice provision of G.L. 1956 § 5-31.1-11(b)(3) is directory because it is directed at a public official, the failure to adhere to the notice provision carries with it no sanction, and the provision is not the essence of the statute. As such, failure to comply with the notice provision did not deprive DOH of the authority to investigate and adjudicate the charges against the appellant. Second, the Supreme Court concluded that, based on the plain language of the statutory scheme and the overall legislative policy, the appellees were not required to subpoena confidential healthcare records from the appellant in conducting their investigation. Last, the Supreme Court concluded that the sanctions imposed were supported by legally competent evidence because the record reflected that the appellant's record-keeping had previously been found to be deficient and that the appellant's refusal to comply with the Board's investigation was very serious. Accordingly, the Supreme Court affirmed the Superior Court judgment upholding the Board's decision.