Court of Appeals Allows Discovery in Licensing Cases

The Oregon Court of Appeals reversed the Oregon State Board of Nursing (OSBN) in the case of Shank v. OSBN. BHMK Attorney Tom Doyle represented the nurse in the matter at hearing and on appeal. The basis for the reversal and remand back to the OSBN was that the it had unlawfully prohibited its own investigator from answering questions on cross-examination. these questions related to the Board's own investigation into the Nurse's alleged misconduct. Remarkably, during the hearing the Board took the position that it would not tell the Nurse who it spoke with as part of its investigation and what they said. According to the Board, the Nurse was entitled to no more information than any other member of the public, even though it was her license that was at stake. The Court of Appeals rejected this star-chamber version of due process. This case not only opens the door to a fairer process for nurses, but will apply to many professionals who are subject to the contested case process.

BHMK is the only law firm in Oregon to have an entire practice group that specializes in representing individuals in licensing matters. The attorneys at BHMK have represented literally hundreds of nurses, teachers, paramedics, police officers, physicians assistants and other professionals who are licensed by the agencies of the States of Oregon and Washington. If you have received notice of a complaint or pending investigation, call us before you meet with the investigator.