Eist v. Maryland State Bd. of Physicians

Issue: (1) Whether a state may restrict a patient's federal constitutional right to privacy by compelling a physician to disclose confidential patient records without notice to and authorization by the patient and in conflict with the physician's ethical obligations; (2) whether a state agency may simultaneously serve as investigator, prosecutor and adjudicator with respect to a licensee under its jurisdiction without amending the state's constitution which explicitly separates legislative, executive and judicial powers; and (3) whether a physician may be disciplined by a state's medical licensing board if: (a) the relevant statutory language - “fails to cooperate with a lawful investigation” - is unconstitutionally vague; (b) the board never notified the patients it was seeking their confidential medical records; or (c) the board's simultaneous roles as investigator, prosecutor and adjudicator deprive petitioner of his right to due process.

Briefs and Documents

Certiorari-stage documents

• Opinion below (Md. Ct. App.)
• Petition for certiorari
• Brief in opposition
• Amicusbrief of American Association of Practicing Psychiatrists et al.
• Petitioner's reply