BOARD OF PHYSICIANS v. EIST

No. 110, September Term, 2007.

11 A.3d 786 (2011)

417 Md. 545

MARYLAND STATE BOARD OF PHYSICIANS v. Harold I. EIST.

Court of Appeals of Maryland.

Reconsideration Denied February 17, 2011.


Attorney(s) appearing for the Case

Steven M. Sullivan , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for petitioner.

Alfred F. Belcuore (Montedonico, Belcuore & Tazzara, P.A., Washington, D.C), on brief, for respondent.

Timothy C. Miller, J.D. , Senior Director for Governmental Relations and Policy, Federation of State Medical Boards, Dallas, TX, for Amicus Curiae brief of the Federation of State Medical Boards.

James C. Pyles, Esq. , Powers Pyles Sutter & Verville, P.C., Washington, D.C, for Amici Curiae brief of the American Academy of Psychiatry and the Law, American Academy of Psychoanalysis and Dynamic Psychiatry, American Association for Social Psychiatry, American Association of Practicing Psychiatrists, American Association of Psychiatric Administrators, American Psychiatric Association, American Psychoanalytic Association, Baltimore Washington Society for Psychoanalysis, California Psychoanalytic Confederation (CAPsaC), Child and Adolescent Psychiatric Society of Greater Washington, Confederation of Independent Psychoanalytic Societies, Cyber Privacy Project, Delmarva Psychiatry Group, Empire State Lyme Disease Association, Florida Psychiatric Society, International Lyme and Associated Diseases Society, JustHealth, Lime Induced Autism Foundation, Lyme Disease Education and Support Groups of Maryland, Maryland Psychiatric Society, Med Chi, Mississippi Psychiatric Association, National Alliance on Mental Illness—Delaware, National Association of Social Workers, National Association of Social Workers, Maryland Chapter, National Coalition of Mental Health Professionals and Consumers, New Jersey Psychiatric Association, Oklahoma Psychiatric Physicians Association, Ontario District Branch of APA, Patient Privacy Rights, Program in Psychiatry and the Law, Beth Israel Deaconess Medical Center, Harvard, Psychiatric Society of Virginia, Psychoanalytic Society of New England, East, Psychiatric Society of Virginia, Psychoanalytic Society of New England, East, Psychiatric Society of Delaware, Psychiatric Society of Westchester County (The Westchester District Branch, APA), Suburban Maryland Psychiatric Association, Talbot County Medical Society, Vermont Psychiatric Association, Washington Psychiatric Society, West Hudson Psychiatric Society, Texas Society of Psychiatric Physicians, Massachusetts Psychiatric Society.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, and JOHN C. ELDRIDGE (Retired, Specially Assigned), IRMA S. RAKER (Retired, Specially Assigned), DALE R. CATHELL, (Retired, Specially Assigned), JJ.


JOHN C. ELDRIDGE (Retired, Specially Assigned), J.

This is an action under the judicial review section of the Maryland Administrative Procedure Act1 to review a reprimand and fine, imposed on a licensed physician by the Maryland State Board of Physicians, based upon the Board's conclusion that the physician had failed to cooperate with a lawful investigation conducted by the Board.2 The basis for the Board...

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