Granek, MD v. Texas State Board of Medical Examiners

Harold Granek, M.D. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D.
No. ] No. (Tex. App.- Austin, Mar. 19, 2008)( )(licensing and agency regulatory authority) (Before Justices Patterson, Puryear and Pemberton)
Harold Granek, M.D. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D.
Appeal from 126th District Court of Travis County

M E M O R A N D U M O P I N I O N

This appeal marks the second time we have had occasion to review the ongoing dispute between appellant Harold Granek, M.D., and appellees the Texas State Board of Medical Examiners and Donald Patrick, M.D. (1) In this instance, Granek appeals from the Board's final order issued February 4, 2005, which extended the suspension of his license to practice medicine, stay of suspension, and probationary period from three to six years. Because we conclude that the Board had authority to pursue enforcement action against Granek, that its order was neither arbitrary nor capricious and was supported by substantial evidence, we affirm the district court's judgment affirming the Board's final order.