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KIRBENS v. WYOMING STATE BD. OF MEDICINE

No. 98-233.

992 P.2d 1056 (1999)

Drew J. KIRBENS, M.D., Appellant (Petitioner), v. WYOMING STATE BOARD OF MEDICINE; Robert L. McGuire, M.D., in his official capacity as a Board member; and Duane E. Abels, D.O., in his official capacity as a Board member, Appellees (Respondents).

Supreme Court of Wyoming.

December 6, 1999.

Attorney(s) appearing for the Case

Representing Appellant: Eldon E. Silverman of Preeo, Silverman & Green, P.C., Denver, Colorado.

Representing Appellees: Don W. Riske, Special Assistant Attorney General, Cheyenne, Wyoming.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and HILL, JJ.

GOLDEN, Justice.

This appeal presents novel issues as to whether state and federal statutes offer protection to an impaired physician facing disciplinary action for misconduct that he claims resulted from disability. The Wyoming Board of Medicine (Board) revoked Appellant Drew J. Kirbens' medical license following a contested case hearing. Although he admits that he poses a significant threat to the safety of the public, he appeals the decision to revoke, asserting...

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