Supreme Court of Arkansas

Dana Carol Abraham, M.d., and Gary Hooker, Appellants v. Joseph M. Beck, M.d., Chairman, Arkansas State Medical…

February 26, 20152015 Ark. LEXIS 95

Summary

The court affirmed summary judgment for the State, holding that the physicians had standing to bring a facial constitutional challenge without first exhausting administrative remedies, but that their claims were not barred by res judicata because the challenged statute had been substantially amended. The court further held that the amended statute was not impermissibly vague, did not unlawfully delegate legislative authority, and was not unconstitutional special legislation. No separate opinions were filed.