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Posted by: Amelia Ferrell Knisely on Mar 16, 2016

Court: TN Court of Appeals

Attorneys 1:

William Wyttenbach, Fort Myers, Florida, pro se.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter, and Sue A. Sheldon, Senior Counsel, for the appellees, Tennessee Board of Medical Examiners and Tennessee Department of Health.

Judge(s): MCBRAYER

This is an appeal under the Administrative Procedures Act. After the Tennessee Department of Health mailed notice to a physician of alleged violations of the Tennessee Medical Practice Act, the physician retired his Tennessee medical license. Unsatisfied, the Department of Health filed a notice of charges. After a hearing at which the physician did not appear, the Tennessee Board of Medical Examiners revoked the physician?s medical license and placed conditions on any future application by the physician for a medical license in Tennessee. The physician appealed to the chancery court, which affirmed the decision of the Board of Medical Examiners. On appeal to this Court, the physician challenges whether the Board possessed personal jurisdiction over him and sufficiency of service of the notice of charges. The physician also argues that his due process rights were violated and that the Board of Medical Examiners lacked authority to revoke a retired medical license. We affirm.