VAN BOVEN v. FRESHOUR

No. 20-0117.

659 S.W.3d 396 (2022)

Robert W. VAN BOVEN M.D., D.D.S., Petitioner, v. Scott FRESHOUR, Margaret McNeese, Chris Palazola, Amy Swanholm, Timothy Webb, and Sherif Zaafran, M.D., in their Official Capacities as Officers of the Texas Medical Board, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: June 3, 2022.


Attorney(s) appearing for the Case

Laurie Lynn York , Laurie L. York Law Office, Austin, for Amicus Curiae Association of American Physicians & Surgeons.

Ronald Lynn Beal, Pro Se.

Eamon J. Reilly , Donald P. Wilcox , Texas Medical Association, Office of the General Counsel, Austin, for Amicus Curiae Texas Medical Association.

William W. Zedler, Pro Se.

Henry Knight , Ross Spence , Spence, Desenberg & Lee, PLLC, Houston, Eric B. Storm , The Storm Law Firm PLLC, Austin, R. Casey Low , Pillsbury Winthrop Shaw Pittman LLP, Austin, for Petitioner.

Robert W. Van Boven M.D., Pro Se.

Bill Davis , Assistant Solicitor General, Darren Lee McCarty , Office of the Attorney General, Austin, Craig J. Pritzlaff , Ted A. Ross , Office of the Texas Attorney General, Administrative Law Division, Austin, Ryan Lee Bangert , Alliance Defending Freedom, Scottsdale, AZ, Charles K. Eldred , Office of the Attorney General, Financial & Tax Litigation Division, Austin, Jeffrey C. Mateer , Plano, W. Kenneth Paxton Jr. , Attorney General of Texas Office of the Attorney General, Austin, for Respondents.

Chief Justice Hecht delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined.


Federal and state law require the Texas Medical Board to report a disciplinary action against a physician to the National Practitioner Data Bank1 in order "to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician's previous damaging or incompetent performance."2 A report is generally considered confidential...

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