· 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 CourtListenerSourced 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.