S.C. Supreme Court
reverses decision in doctor disciplined case
AMY GEIER
EDGAR Associated
Press
COLUMBIA, S.C. - The South Carolina Supreme
Court opened the door for the release of disciplinary records of a
Hilton Head Island doctor, ruling Monday that an administrative
judge erred by closing a hearing without giving a reason.
The (Hilton Head) Island Packet filed the lawsuit after it was
unable to get disciplinary records of Dr. James Johnston, who has
been barred from practicing medicine until he completes an alcohol
abuse treatment program. Several media organizations, including The
Associated Press, filed briefs in support of the newspaper in the
suit.
"This is a victory for the public, as well as for The Island
Packet," said newspaper attorney Jay Bender.
Johnston was disciplined several times by the state medical board
while he was a cardiologist at the Hilton Head Regional Medical
Center.
On July 31, 2001, the medical board issued its first order of
temporary suspension against Johnston. The board found the doctor
had been arrested several times since 1996 on charges including
driving under the influence and leaving the scene of the
accident.
But the administrative law court superseded the suspension,
saying the board had not presented sufficient evidence to prove
Johnston had a substance abuse problem.
The medical board issued a second opinion one month later,
requiring Johnston to be evaluated to determine if he would be a
danger to the public if he continued to practice medicine. The
administrative court later superseded that opinion and ordered that
all records be sealed.
On May 24, 2004, the board placed Johnston under temporary
suspension again after they received information that he was
treating a patient in the emergency room at Hilton Head Medical
Center while impaired.
The administrative court ordered him to stop practicing in a
closed hearing in October.
The Island Packet wrote the administrative court, asking that the
paper be given the opportunity to attend hearings concerning
Johnston and to object to such hearings being closed. The court did
not respond.
In the ruling issued Monday, the justices said the administrative
court must issue an order stating why hearings should be closed.
"The ALCs order does not comply with South Carolina law because
specific findings regarding why the proceedings should be closed
were not made on the record," justices wrote. "While the ALC did not
err by closing the proceedings given the disciplinary proceedings
were still in the investigatory stage, the ALC is still required to
make specific findings on the record, especially given the fact
Island Packet had directly requested an opportunity to be present
and privy to the proceedings."
The high court also said the administrative court did not have
the authority to supersede decisions by the medical board.
Attorneys for Johnston and the administrative judge did not
immediately return phone messages left by The Associated Press on
Monday.
The case was a catalyst for changing state laws on physician
complaints, Bender said.
The General Assembly passed a bill last session requiring the
medical board to release formal complaints against physicians to the
public within 10 days of a response deadline for physicians.
"The Legislature determined these kinds of cases, if allowed to
proceed behind closed doors, will put the public at risk," Bender
said. |