The Supreme Court will start a hearing on Monday that could ultimately determine whether the Bermuda Hospitals Board has the right to discipline doctors at the Island's hospitals.

Gynaecologist Dr. Delmont Simmons is challenging the Board's decision to discipline him for verbally abusing a nurse.

And his appeal will question the powers used to suspend his hospital privileges for the abuse.

Some observers believe a court decision against the Hospitals Board could set a precedent that would undermine disciplinary powers at other Government-related boards.

The Simmons incident occurred at King Edward VII Memorial Hospital last year when he swore at nurse Joanne Uttley in front of a patient.

She later complained to the Human Rights Commission.

The Hospitals Board medical staff committee took up the issue and, after questioning Dr. Simmons and reviewing his record, recommended disciplinary action.

The Board, which is responsible for running King Edward and St. Brendan's hospitals, subsequently suspended the doctor's patient admitting privileges for four weeks.

One of the first issues at Monday's hearing will be on the question of whether the case should be heard behind closed doors. It is understood the Board would like it heard in open court.

Dr. Simmons' lawyer, Mr. Ian Kawaley, last night indicated he would not be contesting the findings of abuse. Rather, he would be taking dead aim at the hospital's right to discipline his client.

"We are seeking an order to quash all decisions made on the basis that the Hospitals Board and related boards acted ultra vires (beyond their lawful capacity),'' he said.

Lawyer Mr. John Barritt, who will appear for the Board and Chief of Staff Dr.

William Cook, last night declined comment.

At the centre of the argument will be the 1970 Bermuda Hospitals Act, which led to the creation of the Hospitals Board and committees beneath it.

One hospital source, who requested anonymity, said if the court found in favour of Dr. Simmons "then the appropriate steps will have to be taken by the legislature to pass regulations to amend the Bermuda Hospitals Act.

"I don't think many people would question the authority of the Board to discipline medical staff.''