BEFORE THE ARIZONA BOARD OF OSTEOPATHIC EXAMINERS
IN MEDICINE AND SURGERY

)
)
)
)
)
)
)

IN THE MATTER OF:
BRIAN L. FINKEL, D.O.
Holder of License No. 1830 for the
practice of osteopathic medicine in the
State of Arizona.

CONSENT TO ENTRY OF
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND ORDER ACCEPTING
SURRENDER OF LICENSE

NAY 2
STIPULATION

200

ARIZONA BOARD OF
OST,:_C,-.--dHIC EXAMINERS

By mutual agreement and understanding, the Arizona Board of ( ~ s ~ J ] c a t E v x 3 , ~ t ' ~
(hereafter "Board") and Brian L. Finkel, D.O. (hereinafter "Respondent"), the parties hereto agree to
the following disposition to this matter.
1.

Respondent acknowledges that he has read this Consent to Entry and the attached

Order; and Respondent is aware of and understands the content of these documents.
2.

Respondent understands that by entering into this Consent, he voluntarily relinquishes

any rights to a hearing on the matters alleged as grounds for Board action or to seek judicial review
of the consent order in state or federal court.
3.

Respondent understands that this Consent Order will not become effective unless

approved by the Board and signed by its Executive Director.
4.

Respondent further understands that this Consent Order, once signed, shall constitute

a public record which will be reported to the public, the National Practitioners Data Bank, the
Federation of State Medical Boards, and, if appropriate, to other agencies as required by A.R.S. §§
32-1855 (J) and (K).
5.

Respondent admits to the statement of facts and conclusions of law contained in the

Consent Order.

Finkel / Case 3287
Page 1 of 6

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IAY 2
6.

200

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All admissions made by Respondem are solely for final disposition of *j~i.s
OSTF__OPATN
~ARD
N
IN MEDICINEAND SURGERY

any subsequer~ administrative proceedings or litigation involving the Board and the Respondent and,
therefore, said admissions by Respondent are not intended for any other purpose or administrative
regulatory proceeding or litigation in another state or federal court.
7.

If Respondent's convictions Ln cases CR2002-00!431 and CR2001-015515 are

overturned on appeal and he is subsequently found not guilty on all charges or all charges are
dismissed by the court on the merits with prejudice, then Respondent and the Board agree to the
vacating of this Order and the reinstating ofaU pending complaints (ease numbers 2989, 3008, 3026,
3034, 3036, and 3037) for the Board's continued investigation, review, and determination.
REVIEWED
t

Brian L. Finkel, D.O.

REV}EWED AND APPROVED as to form by counsel for Respondent on this
2004.

day of

Lawrence J. Roserffeld
G-reenberg Traurig, LLP

REVIEWED AND SIGNED t h i s ' ~

day of

4 for the Board by:

.

.

.

.

.

.

.

. ~ e i ~ e ~ " ~ r t ( , t~x~rtive Director
Arizona Board of Osteopathic Examiners
in Medicine and Surgery

Finke] / Case 3287
Page 2 of 6

MAY. 0 5

'04

(WED)

1~:~0

COMMUNICATION N o : 1 9

PAGE. 6

 6.

RECE{iE#

All admissions made by Respondent are solely for final disposition of this matter and

MAY 2

200,

any subsequent administrative proceedings or litigation involving the Board and the t~e~pA~dent and,
. . . . . .

IIIJl~"ra~~OARD OF"

therefore, said admissions by Respondent are not intended for any other purpose or a ~ [ ~ a ° ~ i ~ 6 = "
regulatory proceeding or litigation in another state or federal court.
7.

If Respondent's convictions in cases CR2002-001431 and CR2001-015515 are

overturned on appeal and he is subsequently found not guilty on all charges or all charges are
dismissed by the com't on the merits with prejudice, then Respondent and the Board agree to flqe
vacating of this Order and the reinstating of all pending complaints (case numbers 2989, 3008, 3026,
3034, 3036, and 3037) for the Board's continued investigation, review, and determination.
REVIEWED AND ACCEPTED this

day of

2004.

Brian L. Finkel, D.O.

REVIEWED AND APPROVED as to f0frn by couns~ for Respondent on this
day of

~/'/~ dzd'

,2004.

j/]

/

[

7

.,~

ce Jj Rosenfeld
Greenbe ~sg/Traurig, L L P

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4

.

REVIEWED AND SIGNED this ..:.Z%'day of ,/-/f--e4..-'3..-v-2~4 for the Board by:

0
l~Ialne LeTarte, E~i'-vePl~rector
Arizona Board of Osteopathic Examiners
in Medicine and Surgery

Finkel / Case 3287
Page 2 of 6

 BEFORE THE A R I Z O N A BOARD OF O S T E O P A T H I C E X A M I N E R S
IN M E D I C I N E AND S U R G E R Y

IN THE MATTER OF:

)

)
BRIAN L. FINKEL, D.O.
Holder of License No. 1830 for the
practice of osteopathic medicine in the
State of Arizona.

)
)
)
)

)

FINDINGS OF FACT
C O N C L U S I O N S OF L A W AND
ORDER ACCEPTING SURRENDER
O F LICENSE
Case No. 3287

On October 15,2001, The Arizona Board of Osteopathic Examiners in Medicine and Surgery
(hereafter "Board") held a public meeting to consider Case 2989 regarding Brian L. Finkel, D.O.
(hereinafter "Respondent"). After considering evidence and hearing testimony, the Board entered
Findings of Fact, Conclusions of Law, and an Order of Summary Suspension. The Board issued a
Complaint and Notice of Hearing on November 5, 2001, setting the date of the heating for January
19, 2002.
Between November 30, 2001 and March 22, 2002, the Board received and notified
Respondent of five additional cases against his license (numbers 3008, 3026, 3034, 3036, and 3037).
Through his attorney, Respondent answered those additional cases. The Board granted an indefinite
continuance of the hearing and pending investigations until the conclusion of related criminal cases.
On December 19, 2003, Respondent and his attorney were notified of this case, No. 3287,
involving felony convictions in State versus Brian L. Finkel, D.O., in cases CR2002-001431 and
CR2001-015515. Through his attorney, Respondent answered on December 21, 2003.
On May 8, 2004, the Board considered this case in a public meeting. The State was
represented by Blair Driggs, Asst. Attorney General. Neither Respondent nor his attorney, Mr.
Lawrence Rosenfeld, was present at the meeting. The State presented a motion that the Board accept

Finkel / Case 3287
Page 3 of 6

 the Surrender of the Respondent's license, in resolution of Case 3287.

Having considered the

evidence and having heard the arguments, the Board authorized the Executive Director to sign, and
thus entered, the following Findings of Fact, Conclusions of Law, and Order accepting Surrender.
FINDINGS OF FACT
1.

The Board is empowered, pursuant to A.R.S. § 32-1800, et seq to regulate the

licensing and practice of osteopathic medicine in the State of Arizona.
2.

Respondent is a licensee of the Board and the holder of License No. 1830 for the

practice of osteopathic medicine in the State of Arizona.
3.

On December 2, 2003, Respondent was found guilty in Maricopa County Superior

Courts on 22 counts of sexual abuse, a Class 5 felony, in cases CR2002-001431 and CR2001015515. The thirteen victims were all allegedly Respondent's former patients.
4.

On January 2, 2004, Respondent was sentenced to imprisonment and 99-year

probation upon release. A condition of the court-ordered probation is that Respondent "may not
perform duties or be employed in the medical field."
5.

As of May 8, 2004, Respondent has pending before the Board six other cases

alleging unprofessional conduct (Cases 2989, 3008, 3026, 3034, 3036, and 3037).
CONCLUSION OF L A W
6.

The conduct described above in paragraph 3 constitutes unprofessional conduct as

defined at ARS § 32-1854 (2) Committing a felony, whether or not involving moral turpitude, or a
misdemeanor involving moral turpitude. In either case conviction by any court of competent
jurisdiction is conclusive evidence of the commission.

Finkel / Case 3287
Page 4 of 6

 ORDER
Pursuant to A.R.S. § 32-1855(N) the AZ Board of Osteopathic Examiners enters the
following Order for the disposition of this matter:
1.

Basedon the above, pursuant to Respondent's offer to surrender his license to practice

medicine in Arizona, Respondent's license is hereby SURRENDERED, from the effective date
of this Order.
2.

Cases 2989, 3008, 3026, 3034, 3036, and 3037 are hereby DISMISSED WITHOUT

PREJUDICE.
ISSUED AND EFFECTIVE t h i s " ~

day of ~ 0 4 .

ARIZONA BOARD OF OSTEOPATHIC EXAMINERS
IN MEDJ/~INE AND SURGER~

Elai~e-L%eTarte, Executi-~/'D~r~c~or
9535 E. Doubletree Ranch Rd.
Scottsdale AZ 85258-5539

"-"~--

Served b~ U.S. certi~ed mail
this £),=~__~yof ] ' Y ~ - " 7 " 2 ~ 0 4 to:
Brian L. Finkel, D.O., care of:
Lawrence Rosenfeld
Greenberg Traurig, LLP
2375 E. Camelback Rd, Ste 700
Phoenix AZ 85016
Copies m~liled
this ~ r y
of ~

4

to:

Lawrence Rosenfeld
Greenberg Traurig, LLP
2375 E. Camelback Rd, Ste 700
Phoenix AZ 85016
Finkel / Case 3287
Page 5 of 6

 Blair Driggs
Assistant Attorney General
Office of the Attorney General / LES
15 South 15th Avenue, 3rd floor
Phoenix AZ 85007
Drug Enforcement Administration
Attention: Diversion Section
3010 N. 2nd S t
Phoenix AZ 85012

Finkel / Case 3287
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