Posted on Mon, Aug. 08, 2005


S.C. Supreme Court reverses decision in doctor disciplined case


Associated Press

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But the administrative law court superseded the suspension, saying the board had not presented sufficient evidence to prove Johnston had a substance abuse problem.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 The administrative court later superseded that opinion and ordered that all records be sealed.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.





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