Indeed, the problem this Bill seeks to solve is a small one that according to the Board s program administrator occurs less than once a year . To statutorily require truth in the response to a complaint being investigated by the Board of Medical Examiners is placing a nebulous burden on practitioners that may be impossible to fulfill. Black s Law Dictionary gives a hint at the problem. The search for truth is filled with difficulties. An example is the difficulty of eyewitness testimony as to an event seen by a variety of people.
Witnesses offer a broad description of clothing, and even race of the criminal.
All three conceptions of truth can t be obtained in this simple exercise. It takes patience, effort, expertise, and in our adversarial judicial system, advocates on behalf of the interested parties, for a trier of fact to find truth. The bill is silent on this point, but one can only assume that it will be the Board of Medical Examiners, who will then serve as investigator, jury, judge, and executioner. Indeed, this proposed statute might give the Medical Board the power to discipline a physician even though it could find nothing otherwise wrong with his behavior. Another issue requires mention the right to privacy of the physician s patients.