Devous V. Bd. Of Medical Examiners

Devous V. Bd. Of Medical Examiners

The primary issue to be resolved in this case is whether A. Scott Devous (Dr. Devous) was deprived of his constitutional right to due process in a proceeding to suspend his license to practice medicine. Dr. Devous’ claims of deprivation of due process encompass inadequate notice; the impropriety of drawing an adverse inference based upon his exercise of his constitutional right not to incriminate himself; and the bias of a member of the board. The Wyoming State Board of Medical Examiners (Board) also has appealed from the decision of the district court contending the court erred in refusing to: sustain portions of the order of the Board that required Dr. Devous to show good conduct as a requisite to license reinstatement; restrict Dr. Devous’ license upon reinstatement by requiring co-signature of another physician on prescriptions for Schedule II drugs; and issue a public reprimand of Dr. Devous. The Board also contends that the court erred in failing to sustain the imposition of costs in the order of the Board relating to the licensure proceedings. We hold that Dr. Devous’ due process rights were infringed in the suspension proceeding, and the order of the district court sustaining the ninety-day suspension of Dr. Devous’ license should be reversed. We affirm the refusal of the district court to order the imposition of costs against Dr. Devous in connection with the licensure proceeding.

Devous V. Bd. Of Medical Examiners



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