Doe v. Minnesota State Bd. of Medical Examiners

• Decision Date: 27 January 1989
• Docket Number: No. C9-87-1882,C9-87-1882
• Citation: 435 N.W.2d 45
• Parties: John DOE, M.D., Petitioner, Appellant, v. MINNESOTA STATE BOARD OF MEDICAL EXAMINERS, Respondent.
• Court: Minnesota Supreme Court

Page 45

435 N.W.2d 45

John DOE, M.D., Petitioner, Appellant, v. MINNESOTA STATE BOARD OF MEDICAL EXAMINERS, Respondent.

No. C9-87-1882.

Supreme Court of Minnesota.

Jan. 27, 1989.

Rehearing Denied April 18, 1989.

Syllabus by the Court

1. A "final decision" of the State Board of Medical Examiners following a contested case disciplinary action includes its "findings of fact, conclusions of law and specification of the final disciplinary action," and is a public document under the Minnesota Government Data Practices Act.

2. Minnesota Rules 5615.1100 operates to limit the scope of data which can be made public in a final decision of the State Board of Medical Examiners so that data related to dismissed complaints in a contested case disciplinary action cannot properly be made public in the Board's final decision.

3. Appellant is entitled to attorneys fees in the amount of $400 in this court. The decision of the court of appeals is reversed and the case is remanded to the district court.

Marcy S. Wallace, St. Paul, for appellant.

Paul G. Zerby, Asst. Atty. Gen., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

AMDAHL, Chief Justice.

We are asked in this case to decide whether it is consistent with the Minnesota Government Data Practices Act and other statutes for the Minnesota State Board of Medical Examiners following a contested case disciplinary action against a physician to include in its final decision, which is a public document, a discussion of dismissed complaints.

Respondent State Board of Medical Examiners (the Board) commenced disciplinary proceedings against the Appellant, John Doe, M.D. (Dr. Doe), a psychiatrist licensed in Minnesota, for various alleged acts of unethical and unprofessional conduct under Minn.Stat. § 147.021, subd. 1(g), (i) and (k) (1984) (renumbered section 147.091 (1986)) and Minn.Stat. § 147.02, subd. 3(10) (1966). The alleged misconduct arose out of complaints by patients that Dr. Doe engaged in sexual relations with five former or current patients, and that Dr. Doe also misprescribed medication to one of the five women. The matter was heard by an administrative law judge (ALJ). The hearing began on December 18, 1985 and continued over 23 hearing dates, concluding on March 24, 1986. The record remained open and a late exhibit was received on June 24, 1986. The ALJ issued his findings of fact, conclusions and recommendations on July 1, 1986 and the matter was referred to the Board. Oral arguments were heard before the Board in April 1987. The Board consists of 11 members; at least seven of whom are required by statute to be licensed physicians, and three board members who are "public members." Minn.Stat. § 147.01, subd. 1 (1986). The matter was considered by eight Board members. Three members had participated in the investigation of the complaints and did not participate in the deliberations.

The Board issued its "Findings of Fact, Conclusions and Order" on June 22, 1987. The Board reprimanded and fined Dr. Doe $1,000 for misprescribing medications to a patient, "Ms. A." (names of patients are not used in the Board's findings.) The Board "dismissed with prejudice" complaints against Dr. Doe which arose from his engaging in sexual relations with four former patients, and found that allegations of sexual improprieties with Ms. A while she was a patient of Dr. Doe were not credible. Three memoranda accompanied the Findings, Conclusions and Order of the Board. The first memorandum incorporated by reference into the Board's Conclusions of Law, discussed the complaint against Dr. Doe for misprescribing medication and the allegation of sexual conduct with patient A. Several other issues were discussed in this memorandum including a claimed defense of laches, and the dismissal of a complaint which was not actively pursued at the contested case hearing. Two other memoranda were filed dealing with the issue of Dr. Doe's sexual relations with former patients. The first, by four members of the Board, concluded that it was not unprofessional conduct for Dr. Doe to engage in sexual relations with former patients B, C, D or E. Four other Board members issued a separate memorandum concluding that Dr. Doe's conduct with respect to patients B, D, and E did constitute unprofessional conduct and was harmful to the patients. The Board was thus evenly split on the question of whether the doctor's conduct with former patients was unethical or unprofessional and the complaints were "dismissed with prejudice."

The decision issued by the Board detailed the doctor's professional and social relationship with each of the five patients. The decision detailed the doctor's professional background and training, his psychotherapeutic approach, and discussed his marriage and divorce in 1962, his later relationship with his wife, and her suicide in 1964. An appendix summarized expert testimony at the hearing. The entire document is 73 pages in length.

Before the decision of the Board was publicly released, Dr. Doe commenced an action in district court pursuant to Minn.Stat. § 13.08, subd. 2 seeking a temporary and permanent injunction to prevent the Board from making public the portions of its decision related to the dismissed charges of sexual improprieties with former patients. The action was brought under the pseudonym John Doe, M.D., and the district court granted a motion for in camera review of the Board's decision. The court denied Dr. Doe's application for a temporary restraining order to prohibit the public release of the document. Dr. Doe then obtained a writ of prohibition from the court of appeals staying the public release of the decision and directing the district court to hear the action for a permanent injunction on an expedited schedule. The district court, on motions for summary judgment, granted the permanent injunction on August 28, 1987, ordering that only limited portions of the Board's decision could be made public, specifically removing all references to the dismissed charges. The district court did not rule on Dr. Doe's request for attorneys fees. The Board filed notice of appeal on September 23, 1987.

The court of appeals reversed the district court, John Doe, M.D. v. Minnesota State Board of Medical Examiners, 419 N.W.2d 619 (Minn.App.1988), holding that the Board's decision, including its discussion of dismissed complaints, was "public" data under the Minnesota Government Data Practices Act (MGDPA), Minn.Stat. § 13.01 et seq.; the Medical Practices Act (MPA), Minn.Stat. § 147.01 et seq.; the Minnesota Administrative Procedures Act, Minn.Stat. § 14.01 et seq.: and state administrative rules. The court of appeals denied attorneys fees on appeal, but remanded the question of attorneys fees at the district court level to that court, since no ruling had been made prior to the appeal. We granted review of the court of appeals decision.

Dr. Doe asserts that the court of appeals misconstrued the applicable statutes in holding that the Board's decision was public data in its entirety. He also claims an entitlement to attorneys fees at this level. Also before the court is a motion by Dr. Doe to strike certain portions of the Board's brief.

Neither party disputes any of the facts in this case. The only dispute is the construction to be given to the relevant statutes. The construction of a statute is a question of law and is subject to de novo review on appeal. Hibbing Educ. Asso. v. P.E.R.B., 369 N.W.2d 527, 529 (Minn.1985). We need not give any weight to the court of appeals' construction of the applicable statutes.

The starting point for analysis of the statutory framework in this case is the general rule stated in the Minnesota Government Data Practices Act, Minn.Stat. § 13.03, subd. 1 (1986):

"All government data collected, created, received, maintained or disseminated by a state agency * * * shall be public unless classified by statute * * * with respect to data on individuals, as private or confidential."

"Private data on individuals" is defined as data which is made "not public" by statute, and is accessible to the individual subject of the data. Minn.Stat. § 13.02, subd. 12 (1986). "Confidential data on individuals" is made "not public" by statute and is not available to the individual. Id. subd. 3. "Public data on individuals" is data which is accessible to the public. Minn.Stat. § 13.02, subd. 15 (1986).

Another provision of the MGDPA, Minn.Stat. § 13.41 (1986), governs data generated by licensing agencies, such as the Board of Medical Examiners. Subdivision 4 of section 13.41 affirmatively classifies certain Board documents as public data:

Subd. 4. Public data. Licensing agency minutes, application data on licensees, orders for hearing, findings of fact, conclusions of law and specification of the final disciplinary action contained in the record of the disciplinary action are classified as public, pursuant to section 13.02, subdivision 15. The entire record concerning the disciplinary proceeding is public data pursuant to section 13.02, subdivision 15, in those instances where there is a public hearing concerning the disciplinary action.

Minn.Stat. § 13.41, subd. 4 (1986) (emphasis added). Accordingly, the documents in this case, the Board's "Findings of Fact, Conclusions and Order," are public data under the MGDPA.

Another statute relevant to the classification of the Board's "Findings of Fact, Conclusions and Order" is Minn.Stat. § 147.01 (1986), a statute which directly governs the Board of Medical Examiners. Subdivision 4 classifies as "confidential and privileged" records generated in Board proceedings, except for a "final decision."

Subd. 4. Disclosure. Subject to the exceptions listed in this subdivision, all communications or information received by or disclosed to the board relating to any person or matter subject to its regulatory jurisdiction, and all records of any action or proceedings thereon, except a final...