DR. WILLIAM KYROS, Plaintiff,
RHODE ISLAND DEPARTMENT OF HEALTH and NICOLE ALEXANDER-SCOTT, MD, MPH, IN HER CAPACITY AS THE DIRECTOR OF HEALTH OF THE RHODE ISLAND DEPARTMENT OF HEALTH Defendants.
PLAINTIFF: JACKSON C. PARMENTER, ESQ. ANDREW BLAIS, ESQ.
DEFENDANT: LISA F. BORTOLOTTI, ESQ. JOSEPH K. ALSTON, ESQ.
MORGAN A. GOULET, ESQ.
this Court is the appeal of Dr. William Kyros (Dr. Kyros)
from a decision of the Rhode Island Department of Health
denying his request to be relicensed. Jurisdiction is
pursuant to G.L. 1956 § 42-35-15. For the reasons set
forth herein, this Court reverses the Rhode Island Department
of Health's final decision.
Court first chronicles the extensive, decade-long journey Dr.
Kyros has endured at the hands of the Rhode Island Department
of Health (RIDOH) and the Board of Medical Licensure and
Discipline (the Board). That journey has landed the parties
here, with Dr. Kyros appealing the Board's denial of his
Kyros became a licensed physician in Rhode Island in June
1986. Dr. Kyros's practice of medicine halted in August
2009 pursuant to an "Agreement to Cease Practice"
(the Agreement) with RIDOH. Compl. Ex. 16A. Pursuant to the
Agreement, Dr. Kyros also agreed to go for an evaluation at
the Sante Center for Healing (Sante Center) and have the
evaluation report sent to the Board. Id. The Board
was to review the report and then "make a determination
on final sanctions." Id.
Kyros then went to the Sante Center for an evaluation,
completing his treatment on August 20, 2009. Appellant Mem.
Supp. Appeal Ex. A 3 (Board Decision). The Sante Center
recommendation stated that Dr. Kyros may not have been
truthful in his evaluations and that he should be monitored
when he returns to practice. Id. On August 27 and
September 30, 2009, Dr. Kyros's attorney wrote to the
Board asking what Dr. Kyros's next steps should be.
Id. at 3-4; Appellant Mem. Supp. Appeal Ex. D, E.
There is no evidence that Dr. Kyros ever received a response
from the Board. Appellant Mem. Supp. Appeal Ex. A 4 and Ex. F
11 (Hr'g Tr. 156).
Kyros, on his own accord, began treatment with psychiatrists
Dr. Edward M. Brown and Dr. Gene Jacobs for several years.
Appellant Mem. Supp. Appeal Ex. A 4. Dr. Brown treated Dr.
Kyros in 1991 and 1992 after the first complaint had been
made against Dr. Kyros and then again from 2009 to
2011. Id. Dr. Jacobs also treated Dr.
Kyros for three-and-one-half years. Id. In 2013, a
psychiatric report written by Dr. Jacobs was submitted to the
Board. Id.; Appellant Mem. Supp. Appeal Ex. I. He
was also evaluated by forensic psychiatrist Dr. Daniel Harrop
in August 2013, and Dr. Kyros received a forensic psychiatry
report from him. Appellant Mem. Supp. Appeal Ex. A 4. All of
these doctors have since stated that Dr. Kyros is fit to
return to work. Dr. Kyros and his attorney then met with the
Board Administrator, Dr. James McDonald. Id. Dr.
Kyros submitted a license application in 2013, which was
subsequently denied. Id.
December 4, 2013, the Board sent Dr. Kyros a letter notifying
him that the investigating committee had made a finding of
"Unprofessional Conduct" against Dr. Kyros. Compl.
Ex. 10. There is no evidence that the Board ever ratified
this finding. The Board did not take any official action
against Dr. Kyros for some time, and Dr. Kyros's third
attorney continued to contact the Board in an effort to
resolve the issues at hand. Appellant Mem. Supp. Appeal Ex.
M. On September 8, 2016, Dr. Kyros's attorney proposed a
consent order that would allow Dr. Kyros to return to
practice, to which he never received a response. Id.
On October 13, 2016, Dr. Kyros's attorney sent another
letter to the Board noting its lack of response. Appellant
Mem. Supp. Appeal Ex. N. His attorney also requested a
response regarding the proposed consent order. Id.
Nearly a month later, the Board finally responded to Dr.
Kyros's attorney stating that the previous letter
"did not evidence the requisite insight for the Board to
seriously consider [the] request." Appellant Mem. Supp.
Appeal Ex. O. Within a week, Dr. Kyros's attorney
responded, again requesting approval of the consent order and
outlining all of the steps Dr. Kyros had completed since
signing the Agreement. Id.
March 23, 2017, Dr. Kyros applied to the Board for
reinstatement. Appellant Mem. Supp. Appeal Ex. Q. The Board
found that application to be incomplete, and Dr. Kyros
resubmitted the application on April 13, 2017. Appellant Mem.
Supp. Appeal Ex. R, S. That application included evidence
that Dr. Kyros had completed all continuing medical education
(CME) credits since the Agreement was signed in 2009.
Appellant Mem. Supp. Appeal Ex. A (Board Decision 3);
Appellant Mem. Supp. Appeal Ex. S, T.
response to Dr. Kyros's application, the Board held a
Licensing Committee Meeting on September 7, 2017 and
subsequently sent a letter to Dr. Kyros stating that the
committee voted to have him attend the Sante Center for
re-evaluation and to attend the Center for Personalized
Education for Physicians (CPEP) to assess his clinical
competency to practice psychiatry. Appellant Mem. Supp.
Appeal Ex. U. The Board informed him they would reconsider
his application once he completed these evaluations. Compl.
Ex. 4. Dr. Kyros then sent a demand for a formal hearing on
September 18, 2017. Compl. Ex. 22. The Board responded to Dr.
Kyros, informing him that he could come to the next licensing
committee meeting and that his application for reinstatement
had not yet been approved or denied. Compl. Ex. 24. Dr.
Kyros, through his attorney, responded that he did not
believe he needed to come in for any further discussion and
would like for the Board to review his application. Compl.
October 10, 2017, the Board denied Dr. Kyros's
application. Compl. Ex. 27. Upon receiving this denial, Dr.
Kyros again requested a formal hearing. Compl. Ex. 29. After
a hearing, the Board issued its decision regarding Dr. Kyros
on November 14, 2018. The Board's Decision required Dr.
Kyros to complete a clinical competency assessment at
and follow all of CPEP's recommendations before Dr. Kyros
can be relicensed. Appellant Mem. Supp. Appeal Ex. A 9 (Board
Decision). Dr. Kyros was also required to keep the Board
informed of his progress at CPEP and satisfy all other
statutory requirements for licensing. Id. Lastly,
the Board required Dr. Kyros to pay a $2000 administrative
fee for the cost of the hearing. Id.
Court has jurisdiction over appeals from the Board's
decisions pursuant to the Administrative Procedures Act
(APA). Section 42-35-15. "Any person . . . who has
exhausted all administrative remedies available to him or her
within the agency, and who is aggrieved by a final order in a
contested case is entitled to judicial review. . . ."