Court Allows Dr. Nass's Lawsuit Over Maine Board's Psychological Evaluation to Proceed
A Maine Superior Court ruled that the claim challenging the Board of Licensure in Medicine's order for a psychological evaluation of Dr. Meryl Nass can move forward, while upholding other sanctions.
In Nass v. Maine Board of Licensure in Medicine, the Superior Court vacated the Board's order forcing Dr. Meryl Nass to undergo a psychological evaluation, deeming it arbitrary and lacking proper procedural safeguards. The court retained the Board's conclusions that Dr. Nass failed to meet the standard of care for three patients and upheld the associated sanctions. While the judges affirmed the Board members' absolute quasi-judicial immunity for most of their actions, they limited that protection concerning the psychological evaluation order.
The dispute originated after the Board issued a position statement warning against COVID-19 vaccine misinformation and subsequently investigated Dr. Nass for public statements on treatments like ivermectin and hydroxychloroquine. The court’s decision allows the remaining allegations against the Board to proceed, signaling that administrative actions must adhere to due-process standards. Attorneys representing Dr. Nass are Libby, Saucier, and Smith of Libby O'Brien Kingsley & Champion, LLC.
Why it matters
It clarifies limits on medical board authority and protects physicians' due-process rights.
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