Petition for Review of a Decision of the District of Columbia Board of Medicine
Ferren and Terry, Associate Judges, and Gallagher, Senior Judge.
The opinion of the court was delivered by: Ferren
Salama appeals a decision of the District of Columbia Board of Medicine revoking his license to practice medicine in the District of Columbia. Salama argues, among other things, that the Board lacked jurisdiction to hear his case, that he was denied due process throughout the proceedings, and that, in any event, the Board abused its discretion in revoking his license. We conclude that although the Board had jurisdiction to hear all three of the charges on which it based its revocation order, the evidence with respect to the second charge does not support the Board's Conclusion that Salama's conduct amounted to misconduct. Because we cannot be sure the Board would have revoked Salama's license without reliance on all three charges, we must reverse and remand for further proceedings. *fn1
This is a proceeding for reciprocal discipline; the Board's revocation of Salama's license was attributable to revocation of his license to practice medicine in Virginia. *fn2 Salama was convicted in the Circuit Court of Fairfax County of raping a fourteen-year-old patient and of unlawfully prescribing quaalude (methaqualone) for her. He was sentenced on March 24, 1978 to consecutive prison terms totaling seven years. In 1979, however, he was released on parole, which he completed in 1981.
On July 26, 1978, the Virginia State Board of Medicine (the Virginia Board) had suspended Salama's license to practice, *fn3 and on December 21, 1979, it had revoked his license. But on December 4, 1981, in response to a petition for reinstatement, the Virginia Board restored Salama's license with the following restrictions:
1) That he confine his medical activities to a residency program approved by the Board;
2) That he be allowed to prescribe controlled substances only to patients confined within a hospital and that he not be permitted to prescribe controlled substances to out patients at the hospital; [emphasis in original]
3) That he be seen by the Psychiatric Advisory Committee of the State Board of Medicine in June, 1982, at which time he will undergo psychological testing; and
4) That he appear before the Board at its regularly scheduled meeting in July, 1982, for re-evaluation of his licensure status.
Following a re-evaluation of Salama's situation in July 1982, the Virginia Board voted unanimously on October 27, 1982,
that the restoration of the license of Joseph S. Salama, M.D. to practice medicine in the Commonwealth of Virginia be withdrawn due to the failure of Dr. Salama to be enrolled in a residency program approved by the Board as contemplated by its Order of December , 1981.
Salama, however, still retained a license to practice medicine in the District of Columbia, which he had obtained in 1973. In June 1986, Salama received a notice of the District Board's intent to revoke his license. The Board detailed three "charges," including "specifications" of the professional misconduct attributable to each, as well as one or more statutory bases for each charge:
You have committed professional misconduct as defined in D.C. Code 1981, § 2-1326 (d)(2)(C) in that you were convicted of a misdemeanor and a felony in the Commonwealth of Virginia and which, if committed within the District of Columbia, would both be felonies under District of Columbia law. Said crimes have a direct bearing on whether or not you should be entrusted to serve the public as a licensed health care provider.
On or about March 24, 1978, you were convicted in the Circuit Court of Fairfax County, Virginia before the Honorable Richard Jamborsky of a violation of Section 18.2-63 of the Virginia Code, statutory rape, and a violation of Section 18.2-260 of the Virginia Code, unlawfully prescribing a controlled substance. You were specifically convicted of having sexual intercourse with a fourteen-year old child ...