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Board approves emergency summary suspension for O'Connor, finds clear danger to public
Summary
The Department of Public Health board voted to approve a motion for summary suspension of the respondent identified as O'Connor and separately found that he posed a clear and immediate danger to public health and safety; the suspension will be followed by a full hearing process.
The Department of Public Health board voted June 9 to approve a motion for summary suspension of a respondent identified in the record as O'Connor and then entered an explicit finding that “the respondent presents a clear and immediate danger to the public health and safety.”
Department counsel explained the legal standard for summary suspension: the board must determine, on the documents presented prior to a hearing, whether the respondent poses a clear and immediate danger that justifies temporary cessation of practice. The board then voted to approve the emergency suspension and later approved the separate motion making the finding of clear and immediate danger.
Why it matters: A summary suspension immediately stops the respondent from practicing pending a full hearing, safeguarding patients while the department completes adjudication.
Attorney Barnes, giving legal advice to the board, urged them to record the danger finding to reduce the risk that a summary suspension would be overturned on appeal, saying it is important the board “also make a finding that the respondent is a clear and immediate danger to public health and safety.” The board followed that advice and made the finding by motion and vote.
The board chair opened discussion and a board member moved to approve the summary suspension; another board member seconded. When asked for a vote, board members present replied “Aye,” and the board chair announced the motion was approved. After further advice from counsel, another motion was made and seconded stating the respondent “presents a clear and immediate danger to the general public,” and that motion also passed.
Department staff indicated this action is an interim step; the summary suspension will be followed by the formal hearing process and any required notices. The board did not discuss settlement in public session; counsel noted attempts to resolve cases may occur administratively but that such settlement discussions are not admissible at hearing.
The board concluded that the procedural standard for summary suspension was met based on the materials before it and recorded both the suspension and the danger finding for the record.
