Ryan J. Welter v. Massachusetts Board of Registration in Medicine
AdministrativeLaw ERISA DueProcess JusticiabilityDoctri
When can a licensing board impose career-ending sanctions based on truthful statements with potential to mislead?
QUESTION PRESENTED When a Legislature delegates authority to an occupational licensing board to prohibit “misleading” statements and conduct with “the capacity to deceive,” but no statute or regulation provides any standards for applying those indeterminate requirements, does the Due Process Clause of the Fourteenth Amendment prevent the board from imposing career-ending sanctions based on its conclusion that a party’s truthful statements have the potential to mislead and deceive, but with no evidence that the party acted with improper intent, or that the statements made were material or caused anyone harm?