MORRIS v. BOARD OF REGISTRATION IN MEDICINE


405 Mass. 103 (1989)

539 N.E.2d 50

THOMAS A. MORRIS, JR. vs. BOARD OF REGISTRATION IN MEDICINE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1989.


Attorney(s) appearing for the Case

Despena Fillios Billings, Assistant Attorney General, for the defendant.

Mitchell J. Sikora, Jr., for the plaintiff.

Thomas R. Kiley & Dean P. Nicastro, for Massachusetts Medical Society, amicus curiae, submitted a brief.

Gail E. Horowitz & Alice E. Zaft, for Women's Bar Association, amicus curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

The plaintiff physician, a psychiatrist, was charged before the defendant board with engaging in sexual conduct with a patient, which, if it occurred, would be a violation of G.L.c. 112, § 5 (c) (1986 ed.) ("gross misconduct in the practice of medicine"). The board referred the case to the Division of Administrative Law Appeals to hold a hearing and then to issue recommended findings of fact and a recommended decision. An administrative magistrate...

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