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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116837
Experience:  20+ Years of Employment Law Experience
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I am a physician recently licensed with the NM Medical

Customer Question

I am a physician recently licensed with the NM Medical Board; the board referred me to a monitoring program which has requested excessive and unwarranted monitoring (drug/alcohol screens, mandate to abstain from alcohol completely, periodic reports from a primary care physician, monitoring on site (work), etc). I am a psychiatrist and carry a diagnosis of bipolar illness. I never used any drugs and drink sporadically, never a problem. They know the course of my illness (have statements from 3 of my previous psychiatrists); they know I never had a problem practicing medicine due to the illness or any other reason. I have licenses in 3 other states whom I reported my diagnosis and none of those Boards ever asked me to do anything about it. The monitoring agency is hired by the Board and they interviewed me twice after a first interview of an hour where everything pertinent was covered (the psychiatrist said: "Everything seems to be fine"), but they called me for a second interview "to clarify a couple issues"; during that interview I was re asked the questions from the first interview without a hint of anything needing clarification. I strongly suspect the monitoring agency engages in all this unwarranted monitoring in order to bill the Board for more services. As a very well versed and experienced psychiatrist I know bipolar patients do not warrant this type of monitoring; I would warrant the drugs/alcohol monitoring if I have had a drugs/alcohol problem, just like any physician with such history regardless of a psychiatric diagnosis.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In this type of case, your only recourse is filing an appeal to the Medical Board. You need to present your case to the board at a hearing and argue why this is unnecessary. If the board rejects your appeal, the court will only vacate that ruling if the board committed fraud or if it is against the law. It is not against the law for them to impose these types of controls, so you would have to prove their decision is based on false information to succeed in court