Skip to main content
· 8/23/2001

Nguyen v. STATE HEALTH MED. QUALITY ASSUR.

Citations

  • 29 P.3d 689

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that due process required a higher quantum of proof to revoke a medical doctor’s license, vacating the Medical Quality Assurance Commission’s revocation decision, and remanding to the commission for a new decision using the higher standard
  • stating that “constitutional minimum standard of proof in a professional disciplinary proceeding for a medical doctor must be something more than a mere preponderance,” and remanding to conduct further proceedings under elear-and-convincing standard of proof
  • finding Kentucky’s Legislative Ethics Act a “penal statute” to which “the 'rule of lenity’ is applicable”
  • noting that the court’s determination on a constitutional issue “requires reversal”
  • \[A] professional license represents a property interest to which due process protections apply.\
  • clear and convincing evidence required when loss of medical license is at stake

Source: CourtListener parenthetical corpus (CC0).

Judges: Sanders

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.