Clark v. West Virginia Board of Medicine
In Clark v. West Virginia Board of Medicine, 203 W. Va. 394, 508 S.E.2d 111 (1998), the Board revoked the medical license of Dr. Clark. The decision was appealed by Dr. Clark to the circuit court. Following its review, the circuit court ordered that the Board's order be modified to provide for the suspension of Dr. Clark's medical license for six months and a public reprimand.
Both Dr. Clark and the Board appealed to this Court. The primary issues before this Court in Clark concerned whether the circuit court was correct in modifying the Board's decision, and whether the circuit court had authority to impose community service on Dr. Clark in lieu of a suspension. The circuit court believed that it could not impose community service.
The Court held that the circuit court acted correctly in modifying the Board's decision, but that it was wrong in determining that it could not impose community service in lieu of suspension.
The Court went on to "affirm in part, reverse in part, and remand the case to the circuit court to impose, in lieu of suspension, the sanction of community service which is provided for in the legislative rules and the public reprimand." Clark, 203 W. Va. at 401, 508 S.E.2d at 118.