The Connecticut Medical Examining Board paused a disciplinary hearing for Dr. David N. Smith on Dec. 11 after the respondent forwarded emails he said document a North Carolina board review that could remove a prior consent order.

Board members opened the remote hearing at 10:33 a.m. to consider the statement of charges in petition number 2021-749. Susan Castengway, Assistant Attorney General representing the board, and Linda Fizzino for the Department of Public Health were present. Dr. Smith told the panel he had sought both time to obtain a Connecticut-licensed attorney and time to collect documentation from the North Carolina Medical Board showing a November review that he said could eliminate the need for this proceeding.

The department’s counsel objected to any additional continuance, saying Dr. Smith had already been granted extra time and “has had ample time to obtain counsel” and that the operative statement of charges concerns a consent order and findings by the North Carolina Medical Board that the department says provide the basis for discipline under Connecticut law. Dr. Smith testified he had been on the North Carolina agenda and had sent multiple emails and attachments to the board’s staff but had not yet received definite confirmation of the North Carolina outcome.

Dr. Smith told the panel, “I don’t have a job. I need to work,” describing difficulty securing counsel and saying he had tried multiple referral channels. He said he would forward up to five emails and attachments to Nathaniel Gordon, the board staff member, and confirmed he had already sent several messages to the North Carolina monitoring coordinator seeking review in November.

Assistant Attorney General Castengway recommended the board verify receipt of the documents and take “a 15 minute recess to review those emails and reconvene,” a recommendation the board agreed to before pausing the record. The panel did not make a final ruling on whether to grant a continuance; members said they would review the forwarded materials and then determine whether to sustain the Department’s objection or allow more time for counsel or additional documentation.

The hearing was recessed with the record paused so the board could review the materials Dr. Smith submitted. The board did not vote on any disciplinary outcome during the portion of the proceeding on record.

What happens next: the board will reconvene after the recess, review the submitted emails and attachments, and then decide whether to grant a continuance to allow Dr. Smith to obtain Connecticut counsel or to proceed with the hearing on the scheduled matter.