In re Williams

Dr. Williams (defendant) prescribed the controlled substances Biphetamine and Obetrol to 50 weight-loss patients on a long-term basis, stopping once he learned the Ohio State Medical Board (Board) (plaintiff) had adopted a rule against using those drugs for weight control. The Board charged him with failing to meet minimal standards of care for using a long-term rather than short-term treatment plan, introducing only medical literature recommending short-term use but no expert testimony on the actual standard of care. Williams countered with two experts testifying that a minority — but medically legitimate — school of thought supported long-term use, and that following the minority view didn't itself fall below acceptable practice. The Board found him guilty and suspended his license for a year plus five years' probation without prescription privileges; the Court of Common Pleas reversed for lack of substantial evidence, and the court of appeals affirmed. The Board appealed.