S.C. court ruling
could lead to release of doctor’s records Supreme Court says administrative court must state why a
discipline hearing should be closed By AMY GEIER EDGAR The 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 the 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,” newspaper attorney Jay Bender said.
Bender is a Columbia attorney who specializes in media law and
First Amendment issues. Among his clients are The State newspaper
and the South Carolina Press Association. The State is a member of
the press association.
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 that the
doctor had been arrested several times since 1996 on charges
including driving under the influence and leaving the scene of an
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But the administrative law court superseded the suspension,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 whether 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administrative court later superseded that opinion and ordered that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 it received information that he was treating
a patient in the emergency room at Hilton Head Medical Center while
impaired.
During a closed hearing in October, the administrative court
ordered him to stop practicing.
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.
Monday’s ruling likely won’t affect the case of West Columbia
alternative-medicine physician James Shortt, whose license was
temporarily suspended in April, said his lawyer, Ward Bradley.
“That was our impression from the very beginning — you can’t
appeal a temporary suspension,” Bradley said Monday.
Bradley said his client has no plans to appeal the state medical
board’s decision to the administrative law court. He said Shortt is
waiting for the board to schedule a full hearing on the matter.
Attorney Richard Gergel, who represents the families of two
patients who died while under Shortt’s care, said Monday’s ruling is
important because it allows the medical board to “effectively
regulate the medical profession.”
Gergel applauded the part of the ruling setting standards for
closing administrative law court hearings, noting, “The best thing
we can do for our system is to destroy this culture of secrecy.”
But Bradley said the ruling likely wouldn’t have affected the
closing of a hearing in his client’s case, explaining that the judge
then made findings on the record why the hearing should be
closed.
Staff writer Rick Brundrett contributed to this report. |