EX PARTE MEDICAL LICENSURE COM'N OF ALABAMA

1022156.

897 So.2d 1093 (2004)

Ex parte MEDICAL LICENSURE COMMISSION OF ALABAMA. (In re Medical Licensure Commission of Alabama v. Oscar D. Almeida, Jr.).

Supreme Court of Alabama.

September 3, 2004.


Attorney(s) appearing for the Case

William H. Pryor, Jr., atty. gen., and Nathan A. Forrester and Adam P. Plant, deputy attys. gen.; and Wayne M. Turner of Turner, Wilson & Sawyer, Montgomery (reply brief filed by Richard F. Allen, acting atty. gen., and Scott L. Rouse, asst. atty. gen., and Adam P. Plant, deputy atty. gen.; and Wayne P. Turner of Turner, Wilson & Sawyer, Montgomery), for petitioners.

Robert A. Huffacker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for respondent.

Wendall R. Morgan, Montgomery, for amicus curiae Medical Association of the State of Alabama, in support of the petitioner.

John N. Leach of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, for amicus curiae Medical Society of Mobile County, in support of the petitioner.

Randolph P. Reaves and Nancy Jo Rainer of Randolph P. Reaves, P.C., Montgomery, for amici curiae Alabama Board of Nursing and Alabama Board of Podiatry, in support of the petitioner.

James S. Ward of Corley, Moncus & Ward, P.C., Birmingham, for amici curiae Board of Dental Examiners of Alabama, Alabama State Board of Pharmacy, and Alabama State Board of Chiropractic Examiners, in support of the petitioner.

Joe Espy III of Melton, Espy & Williams P.C., Montgomery, amici curiae Melinda Goss, Rebecca Whicker, Tina Nelson, Daphney Calhoun, Kelli White, Karen Webster, Crystal Rollo, Phyllis Parker, Tina Hicks, and other patients of Dr. Oscar Almeida, Jr., in support of the respondent.


On Application for Rehearing

LYONS, Justice.

The opinion of May 14, 2004, is withdrawn, and the following is substituted therefor.

The Medical Licensure Commission of Alabama ("the Commission") revoked the medical license of Oscar D. Almeida, Jr., based upon testimony of several of his former patients that he had engaged in sexual misconduct while he was rendering professional services. We granted certiorari review in this case to determine...

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