In re: )
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CONSENT ORDER
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Respondent. )
This matter is before the North Carolina Medical Board (ÒBoardÓ) on information received relating the Doctor admits and the Board finds and concludes that:
STATUTORY AUTHORITY
The Board is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes and the rules and regulations promulgated thereto.
FINDINGS OF FACT
During the time relevant herein, the doctor practiced medicine in North Carolina.
Subsequent to his licensure in North Carolina, the Board received a number of complaints and other information pertaining to the doctor. The complaints were similar and from multiple sources and generally alleged inappropriate interaction between the doctor and his patients. The inappropriate interactions typically involved the doctor making comments that made the patients feel uncomfortable or the doctor touching a patient in a manner that was not always welcomed.
As a result of the complaints and information coming before the Board, the Board ordered the doctor to undergo a comprehensive professional health assessment from an appropriate facility. The doctor reported for the assessment. The assessment found that the doctor suffers from a syndrome and opined that this condition affected his ability to gauge and judge the appropriateness of his interactions with patients. The assessment did not opine that the doctor possessed sexual predatory characteristics. They recommended that the doctor undergo treatment for his syndrome vis-ˆ-vis how he related to patients during office interactions. They further discussed the need for the doctor to have a chaperone present in the examination room whenever he saw a patient, male or female, and regardless of the nature of the examination.
After reviewing the evaluation and other information, the Board requested that The doctor sign a public Interim Non-Practice Agreement while he underwent the treatment recommended. The Interim Non-Practice Agreement was executed.
The doctor underwent six weeks of treatment. After completing treatment, the center opined that the doctor was safe to return to the practice of medicine under certain terms and conditions. However, prior to dissolving the Interim Non-Practice Agreement and resuming practice, the doctor was required to meet with a panel of the Board to discuss his behavior, his medical condition, and his response to treatment.
*NOTE This requirement was made by the BoardÕs Legal Dept.
Just prior to the doctorÕs meeting untrue with a panel of the Board, the Board received a new complaint from another patient. The complaint, like the others before it, alleged the doctor had inappropriate contact with a patient during an examination.
The doctor responded to this complaint by stating that he could not remember the patient or the incident. The doctor did, however, confirm that this patient encounter was not chaperoned and happened before any chaperone agreement had been formally made by the NCMB or NCPHP. The incident that precipitated the most recent complaint occurred after the doctor had been for an assessment, after the center advised The doctor he should have a chaperone in the exam room for all patient encounters, untrue and after The doctor had been put on notice by the Board that he was the subject of complaints of inappropriate contact with patients.
The doctor met with a panel of the Board for an investigative interview. During that interview, Board members questioned the doctor and discussed his situation with him at length.
CONCLUSIONS OF LAW
The doctorÕs conduct, as described herein, constitutes unprofessional conduct, including, but not limited to, departure from, or the failure to conform to, the standards of acceptable and prevailing medical practice, or the ethics of the medical profession, irrespective of whether or not a patient is injured thereby, or the committing of any act contrary to honesty, justice, or good morals, whether the same is committed in the course of the licensee's practice or otherwise, and whether committed within or without North Carolina within the meaning of N.C. Gen. Stat. ¤ 90-14(a)(6), and grounds exist under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, or limit The doctorÕs license to practice medicine issued by the Board.
The doctor admits that his medical condition, if left untreated, renders him unable to practice medicine with reasonable skill and safety to patients within the meaning of N.C. Gen. Stat. ¤ 90-14(a)(5) and grounds exist under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, or limit The doctorÕs license to practice medicine issued by the Board.
PROCEDURAL STIPULATIONS
The doctor acknowledges and agrees that the Board has jurisdiction over him and over the subject matter of this case.
The doctor knowingly waives his right to any hearing and to any judicial review or appeal in this case.
The doctor acknowledges that he has read and understands this Consent Order and enters into it voluntarily.
The Board has determined it to be in the public interest to resolve this matter as set forth below.
The doctor would like to resolve this matter without the need for more formal proceedings.
ORDER
NOW, THEREFORE, with the doctorÕs consent, it is ORDERED that:
1. The doctorÕs license to practice medicine in North Carolina is hereby SUSPENDED for TWO (2) YEARS from the date of this Consent Order, however, such suspension is IMMEDIATELY STAYED, except for a period of ONE HUNDRED AND TEN (110) DAYS, in which The doctor shall serve an active suspension.
2. Upon execution of this Consent Order, The doctorÕs Non-Disciplinary Non-Practice Agreement is hereby DISSOLVED.
3. The doctor shall maintain his current contract with NCPHP and abide by its terms, including the timely payment of any fees required by NCPHP. In addition, the doctor shall follow all recommendations made by NCPHP.
4. The doctor shall restrict his work hours to FORTY (40) HOURS per week.
5. Prior to resuming practice, the doctor must notify the Board and obtain practice site approval, and any changes thereto, from the Board President, which the Board President is under no obligation to approve.
6. The doctor shall ensure that a chaperone is physically present for all patient encounters, male or female, and regardless of the nature or purpose of the patient examination or patient visit.
7. The doctor shall work only in a practice setting where a physician mentor is on site at all times. The physician mentor must be approved by NCPHP.
8. The doctor shall obey all laws. Likewise, The doctor shall obey all rules and regulations involving the practice of medicine.
9. The doctor shall notify the Board in writing of any change in his residence and practice addresses within ten (10) days of the change.
10. The doctor shall meet with the Board or members of the Board for an investigative interview at the BoardÕs meeting and at such other times as requested by the Board.
11. Upon an ex parte determination of probable cause by the Board that The doctor failed to comply with any of the terms and conditions of this Consent Order, that determination shall constitute grounds for the Board to summarily suspend The doctorÕs North Carolina medical license pursuant to N.C. Gen. Stat. 150B-3(c). Should The doctorÕs medical license be summarily suspended by means of this provision of this Consent Order, The doctor shall be entitled to a hearing within ninety (90) days pursuant to the applicable provisions of the Medical Practice Act with the issue to be decided at such hearing being whether The doctor violated the terms and conditions of this Consent Order. Furthermore, if The doctor fails to comply with any of the terms and conditions of this Consent Order that failure shall constitute unprofessional conduct within the meaning of N.C. Gen. Stat. ¤ 90-14(a)(6) and shall be additional ground for the Board to suspend or revoke his license or to deny any application he might make in the future or then have pending for a license.
12. This Consent Order shall take effect immediately upon its execution by both The doctor and the Board and it shall continue in effect until specifically ordered otherwise by the Board.
13. The doctor hereby waives any requirement under any law or rule that this Consent Order be served on him.
14. Upon execution by The doctor and the Board, this Consent Order shall become a public record within the meaning of Chapter 132 of the North Carolina General Statutes and shall be subject to public inspection and dissemination pursuant to the provisions thereof. Additionally, it will be reported to persons, entities, agencies and clearinghouses as required and permitted by law.
By Order of the North Carolina Medical Board this the ______ day of __________, 201.
NORTH CAROLINA MEDICAL BOARD
By: ____________________________
.
President
Consented to this the _____ day of _______________, 201.
_____________________________
State of __________________
County of _________________
I, _______________________________, a Notary Public for the above named County and State, do hereby certify that the doctor personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal
this the _____ day of ____________, 201.
__________________________________
Notary Public
(SEAL)
My Commission Expires: ___________