Background
Dr. Scott Meyer, licensed to practice medicine in Wisconsin since 2016, was charged in Minnesota in 2018 with violating a harassment restraining order. While that misdemeanor charge was pending, he answered “No” to a question about pending charges on his 2019 Wisconsin medical-license renewal application. A Minnesota jury later convicted him of the misdemeanor.
Meyer did not report the conviction to Wisconsin licensing authorities within 48 hours or provide certified copies of the complaint and judgment within 30 days, as required by Wisconsin law and regulation. He disclosed the charge and conviction in a 2022 renewal application. After an administrative law judge granted summary judgment on liability, the judge recommended an administrative warning. The Medical Examining Board instead issued a public reprimand, required four hours of education, and assessed recoverable costs. The Dane County Circuit Court affirmed.
The Court’s Holding
The court of appeals affirmed. It rejected Meyer’s challenge to summary judgment, concluding that the ALJ’s determination that Meyer intentionally answered the unambiguous renewal question did not conflict with the ALJ’s later view that Meyer was sincere about complying with reporting requirements in the future.
The court also upheld the Board’s decision not to issue an administrative warning. The Board reasonably concluded that, after finding probable cause, pursuing a formal hearing, and adjudicating Meyer guilty of unprofessional conduct, it could not issue a warning that by statute is neither an adjudication of guilt nor discipline. Meyer’s remaining challenges—including claims of improper credibility findings, evidentiary error, due-process bias, insufficient evidence, and the circuit court’s isolated mistaken reference to a felony—were unsupported or did not identify error in the Board’s decision.
Key Takeaways
- A physician’s incorrect denial of a pending criminal charge on a license-renewal application can support professional-discipline liability.
- Wisconsin’s administrative-warning process is unavailable once the Board has proceeded to a formal adjudication of guilt and discipline.
- On review of agency discipline, the appellate court reviews the Board’s decision, not errors in the circuit court’s affirmance that do not affect the agency decision.
Why It Matters
The decision underscores that Wisconsin physicians must promptly report criminal convictions and provide required documentation. Later disclosure does not erase failures to report or misstatements made during license renewal.
It also confirms the distinction between an administrative warning for minor matters and formal discipline after the Board elects to pursue a probable-cause finding, hearing, and adjudication.