A. Scott Devous, Appellant (petitioner) v. Wyoming State Board of Medical Examiners, Appellee (respondent); Wyoming…

Summary

The Wyoming Supreme Court held that Dr. A. Scott Devous was denied due process in the proceeding that suspended his medical license for ninety days: the Board failed to give him notice of the facts or conduct warranting disciplinary action, punished his invocation of the Fifth Amendment by drawing an adverse inference from his silence, and permitted a biased physician board member to participate. The court therefore reversed the district court's judgment sustaining the suspension. It affirmed the district court's setting aside of the public reprimand, the good-conduct condition, the Schedule II co-signature restriction, and the assessment of attorney fees and hearing examiner expenses, holding that expert testimony was required to prove the statutory violations and that 'costs' under Wyo. Stat. § 33-26-405(a)(viii) does not include such items.