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BODENHAUSEN v. MO. BD. OF REGIS. FOR HEALING

No. 77573.

900 S.W.2d 621 (1995)

Gary BODENHAUSEN, M.D., Respondent, v. MISSOURI BOARD OF REGISTRATION FOR the HEALING ARTS, Appellant.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing June 20, 1995.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Don M. Downing, William J. Bryan, Asst. Attys. Gen., Jefferson City, for appellant.

Lori J. Levine, Dana L. Frese, Jefferson City, Daniel P. Card, II, St. Louis, for respondent.

Harvey M. Tettlebaum, Barbara L. Miltenberger, Jefferson City, for amicus curiae, Missouri Pharmacy Ass'n & Missouri Dental Ass'n.

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, Asst. Atty. Gen., Jefferson City, for amicus curiae, Board of Pharmacy, et al.

BENTON, Judge.

May a licensing board discipline a professional without involving the Administrative Hearing Commission? The circuit court answered "no"; the court of appeals agreed; this Court granted transfer. Mo. Const. art. V, § 10. Affirmed in part, reversed in part, and remanded.

I.

On June 13, 1990, Gary Bodenhausen—a licensed physician—signed an agreement with the Board of Registration for the Healing Arts...

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