BEFORE THE GEORGIA COMPOSITE MEDICAL BOARD STATE OF GEORGIA GEORGM IN THE MATTER OF: BOARD PETER JOHN ULBRICH, MD, 8 License No. 28696, DOCKET . Respondent. 0 PUBLIC BOARD ORDER TERMINATING PROBATION WHEREAS, the Georgia Composite Medical Board (?Board?) entered a Public Consent Order in the above-styled matter on or about March 10, 2011, Docket No. 10100039, which placed Respondent?s license to practice medicine in the State of Georgia on a period of probation subject to terms and conditions; an Amendment to Public Consent Order was issued on or about June 8, 2012; WHEREAS, on or about February 15, 2015, Respondent petitioned the Board to terminate probation and in support submitted letters of professional advocacy; WHEREAS, on or about April 2, 2015, the Board personally met with Respondent concerning his request; and WHEREAS, the Board has determined that the Respondent has complied with all of the terms and conditions of probation. NOW, THEREFORE, the Board hereby terminates the probation of Respondent?s license. Respondent?s license is returned to unrestricted status and is in good standing. so ORDERED, this 8th day of May, 2015. GEORGIA COMPOSITE MEDICAL BOARD (BOARD SEAL) A 1 BY: AZ ?1740 DA ID w. RETTERB . Chairperson Page 1 of BEFORE THE GEORGIA COMPOSITE MEDICAL BOARD COMPOSITE STATE or GEORGIA E, IN THE MATTER on; i, BOARD PETER JOHN ULBRICI-I, M.D., 3 JUN 03 21112 Eraser: WWETNUMBER 39 AMENDMENT TO PUBLIC CONSENT ORDER WHEREAS, on or about March 10. 2011, Peter John Ulbrich, entered into a Public Consent Order ("Consent Order?) with the Georgia Composite Medical Board (?Board?), Docket Number 10100039. on or about April 20, 2012, the Board received a request from Respondent to modify the Consent Order by lifting the work hour restriction and the limitation on his use of midlevel providers. WHEREAS, the Board received written statements from Respondent's monitoring physician supporting Respondent's requested modi?cations. NOW THEREFORE, the Board amends the Consent Order as follows: 1. Order, Paragraph subparagraph on page 5 entitled ?Work Hours? is deleted. 2. Order, Paragraph 1(h) on page 6 entitled ?Use of Physician Assistant or Nurse Practitioner? is deleted. 3. Except as provided herein, the Respondent?s license shall remain subject to the period of probation and to all of the remaining terms and conditions as set forth in the Consent Order ofMarch 10, 2011+ This Amendment to Public Consent Order shall become effective upon its acceptance by the Georgia Composite Medical Board and its docketing by the Board?s Executive Director. 4L Accepted this 8 day of one, 2012. GEORGIA COMPOSITE MEDICAL BOARD M?x% CHARLES L. W?Hl?rs, no! Chairperson (BOARD SEAL) 3 a ?g Wm HUGHES 6? i ecutive Director STATE OF GEORGIA MAR 1 0-2011 IN THE MATTER OF: sac i a . PETER JOHN ULBRICH, M.D., 000% I 9? 0 0 License No. 28696, - Respondent. PUBLIC CONSENT ORDER By agreement of the Georgia Composite Medical Board ("Board") and Peter John Ulbrich, M.D. ("Respondent") the following disposition of this matter is entered pursuant to V, the provisions of O.C.G.A. amended. FINDINGS OF FACT 1. Respondent is licensed to practice medicine in the State of Georgia, and was so licensed at all times relevant to the matters asserted herein. 2. On April 1, 2010, a Public Consent Order was docketed, Docket No. 10100039, suspending Respondent's medical license following the Board's receipt of the results of a mental/physical examination mandated by the Board. The examination results revealed that Respondent, an ob-gyn with of?ces in Atlanta and Peachtree City, admitted to having sexual relationships with two (2) female patients, and boundary violations with a third patient. The examiners opined that Respondent required an intensive program of treatment in a facility familiar with professionals who have engaged in sexual misconduct prior to returning to the practice of clinical medicine. Respondent participated in treatment at the Professional Renewal Page i of 12 Center in Lawrence, Kansas from on or about March 22, 2010 until on or about June . 25, 2010 when {Respondent elected to return to Atlanta, GA and continue treatment at a local facility. 3' On or about July 28, 2010, Respondent was evaluated at the Behavioral Medicine Institute of Atlanta and subsequently entered treatment program to continue treatment for professional sexual misconduct. ReSpondent completed treatment at BMI and entered BMI's maintenance program. 4. In accordance with the terms of the April 1, 2010 public Consent Order, Respondent petitioned the Board to lift the suspension of his license. On or about October 2, 2010 Respondent and his treating physician met with a committee of the Board regarding his petition. The Board required additional information, which was received on or about November 23, 2010 and subsequently reviewed by the Board. 5. In or about January 2011, the Board received information that Respondent may have been practicing medicine by acting as medical director of a medical spa in Peachtree City, GA during the time his license was suspended. While Respondent denied practicing medicine during the period of suspension, he did admit to being present at, and receiving payment for, "Botox parties" where his patients received injections of Botox by an unlicensed individual at a private home. No other licensed professional was present during the administration of Botox. Page 2 of 12 6. Respondent admits the above ?ndings of fact and waives any further ?ndings of fact with respect to the above-styled matter. CONCLUSIONS OF LAW Respondent?s conduct constitute suf?cient grounds for the Board to exercise its disciplinary authority and impose sanctions upon Respondent?s license to practice medicine in the State of Georgia pursuant to O.C.G.A. Chsamended. Respondent hereby waives any further conclusions of law with respect to the above-styled matter. 93min The Board, having considered the particular facts and circumstances of this case, hereby orders, and the Respondent hereby agrees, as follows: 1. Beginning on the effective date of this Order, the suspension of Respondent?s license shall be lifted and Respondent's license placed on a period of probation until terminated by a written order of the Board, subject to the following terms and conditions: Outpatient Treatment. Respondent shall continue participating in outpatient treatment at BMI, including but not limited to individual professional sexual misconduct group therapy, and polygraph examination every six (6) months. Respondent shall provide a docketed copy of this Consent Order to Gene G. Abel, M.D. forthwith. Respondent shall also provide the Board with a fully executed copy of his "Contract for Maintenance Treatment at within ten (10) days of the effective date of this Order. Respondent shall comply with all provisions of his Contract for Maintenance Treatment at BMI. Failure of Respondent to comply with any of the terms of his Contract for Maintenance Treatment or to Page 3 of 12 discontinue such maintenance treatment at BMI shall subject Respondent?s license to summary suspension, pending further proceedings. S_upervision and Monitoring. Respondent shall designate an acceptable supervising (?supervising?) physician, who is board certi?ed in obstetrics and gynecology and acceptable to the Board, to supervise his work ad an acceptable treating (?monitoring?) physician with whom he will continue therapeutic care and who will monitor any medications prescribed to Respondent. Respondent Shall provide a copy of this Order to both the supervising and the monitoring physicians. Within ten (10) days of the effective date of this Order, Respondent shall submit or cause to be submitted written statements from his supervising and monitoring physicians to the Board stating he/she has read this Order and agrees to act as Respondent's supervising/monitoring physician. By executing this Consent Order, Respondent speci?cally consents to his supervising and monitoring physicians reporting upon Respondent?s condition or behavior, notwithstanding any privilege provided by state or federal law. Respondent shall obtain prior written Board approval for any change in supervising and monitoring physicians. (0) Quarterly Reports. Respondent shall submit or cause to be submitted quarterly reports from his supervising and monitoring physicians by March 31, June 30, September 30 and December 31 of each calendar year, beginning with the ?rst reporting period following the effective date of this Consent Order. .Failure to submit or have such reports submitted in a timely manner shall be considered a violation of this Consent Order. It is expected that said supervising and monitoring physicians will communicate with each other and will immediately report to the Board any change in Respondent?s condition or behavior which would render Respondent unable to practice with reasonable skill and safety to patients. By executing this Consent Order, Respondent speci?cally consents to his supervising and Page 4 of 12 monitoring physicians reporting upon Respondent?s condition or behavior, notwithstanding any privilege provided by state or federal law. Work Restrictions. (1) Chaperone. As required by Board Rule Respondent shall have a female chaperone present in the exam room for the entire visit of all female patients examined by Respondent. Respondent shall obtain Board approval of the chaperone 1m to returning to practice. Respondent shall provide a docketed copy of this Consent Order to the chaperone prior to returning to practice. Respondent shall also submit or cause to be submitted a written statement from the chaperone to the Board stating she has read this Order in its entirety. Respondent shall also seek and obtain Board approval prior to any change in chaperone. Respondent shall ensure that the chaperone signs the of?ce note in the medical record in the lower right hand corner for each of?ce visit, indicating the chaperone was present for the entire visit. Any questions regarding Respondent?s compliance with this requirement should be directed to the Executive Director for the Board. (2) Work Hours. Respondent shall work no more than forty (40) hours per calendar week including call. Respondent shall maintain a log of his work hours that he shall review with his monitoring physician. Respondent shall provide the log to the Board upon request. No sooner than six (6) months after returning to the practice of medicine,_Respondent may petition the Board to lift this requirement. Respondent's petition shall contain letters of advocacy from his supervising and monitoring physicians. Any decision to further modify or lift this provision shall be in the discretion of the Board and shall not be a contested case as defined under T. 50, Ch. 13. Employee Af?davits. If deemed necessary by the Board or Respondent?s supervising and/or monitoring physicians, the Board or the monitoring physician may facilitate the Page 5 of 12 submission of employee af?davits concerning Respondent?s compliance with the terms of this Order and/or Respondent?s observed behavior with female patients. Staff Surveillance Forms. Respondent shall submit Staff Surveillance Forms Concerning Respondent?s compliance with the terms of this Order and/or Respondent?s observed behavior with female patients at a frequency to be determined by Respondent's treating physician. Continuing Medical Education. In addition to the mandated continuing medical education required of all Georgia physicians, Respondent shall obtain an additional 10 hours of continuing medical education each year of the probation period in the area of medical ethics; provided, however, Respondent is not required to obtain any additional training. Respondent must obtain the additional 10 hours on an annual basis and shall submit proof of completion of said additional hours to the Board by December 31 of each year of the period of probation. Prior to obtaining the CME, Respondent shall submit the title of the course(s) he plans to attend and information concerning the course(s) to the Board. Use of Physician Assistant or Nurse Practitioner. During the probation period, Respondent shall not employ, supervise, delegate to, or have a collaborative practice with any Physician Assistants or Nurse Practitioners and respectively), including those associated with covering physicians. This does not include hospital employees who provide medical care to Respondent's patients in a hospital. No sooner than six months after returning to the practice of medicine, Respondent may petition the Board to lift this requirement. Respondent?s petition shall contain letters of advocacy from his supervising and monitoring physicians. Any decision to further modify or lift this provision shall be in the discretion of the Board and shall not be a contested case as de?ned under T. 50, Ch. 13. Page 6 of 12 Periods of Residency Outside Georgia. and Periods When Not Actively Practicing Medicine. In the event Respondent should leave Georgia to reside or practice outside of Georgia for periods longer than thirty (30) consecutive days, Respondent shall notify the Board in writing of the dates of departure and return. Periods of residency or practice outside of Georgia as well as periods when Respondent is not actively engaged in practicing as a physician will not apply to the reduction of Respondent's probation period, except as authorized by the Board. 0) Abide By Laws, Rules and Terms. Respondent shall abide by all State and Federal laws regulating his practice as a physician or relating to drugs, the Rules and Regulations of the Georgia Composite Medical Board and the terms of the Consent Order. If Respondent shall fail to abide by such laws, rules or terms, or if it should appear from reports submitted to the Board that Respondent is otherwise unable to practice with reasonable skill and safety to patients, or should Respondent violate the criminal laws of the state, including any term of probation, if any, Respondent?s license shall be subject to further discipline, including revocation, upon substantiation thereof after notice and hearing, and if revoked, the Board in its discretion may determine that the license should be permanently revoked and not subject to reinstatement. Respondent further agrees that any violation of this Consent Order or the receipt by the Board of any complaint of sexual misconduct or boundary violations shall be deemed to be suf?cient to authorize the Board to order summary suspension of Respondent?s license. pending further. proceedings. pursuant to the provisions of the Georgia Administrative Procedure Act. O.C.G.A. or any other statute authorizing emergency action, but Respondent understands ma; Respondent shall be entitled to an expedited hearing to substantiate such violation(s), if the Board exercises such right. Page 7 of 12 Further Evaluation. At any time during the probation period, as provided in the Board shall have the authority to order Respondent to undergo a physical or mental evaluation by physicians designated by the Board. Respondent shall execute such releases as may be required'for the Board to obtain the results of such evaluations. (1) Employment/ Residency. Respondent shall advise the Board of any change in address of record or employment status within ten (10) days of making the change. Disclosure. In addition to other disclosures required by the Consent Order, Respondent shall supply a copy of the Consent Order, once approved and docketed, and within ten (10) days from receipt of the docketed copy by Respondent, to each hospital or other institution in Georgia where Respondent maintains staff privileges of any kind, and to any physician with whom Respondent is associated in practice or to any person or entity for whom Respondent is employed as a physician in the State of Georgia. Respondent shall also be required to disclose the existence of and provide a copy of the Consent Order to such individuals or entities in connection with any future application for institutional appointment, associated practice, utilization of a physician assistant, or employment as a physician in the State of Georgia while the Consent Order is in effect. By executing the Consent Order, Respondent speci?cally consents to any such individuals or entities reportingto the Board information which would affect Respondent?s ability to practice medicine with reasonable skill and safety to patients, notwithstanding any privilege provided by state or federal law. Respondent shall document compliance with the condition of disclosure by submitting or causing to be submitted a statement from each individual or entity within 30 days of the effective date of this Order that he/she has been provided with a copy of this Order. Page 8 of 12 Termination of probation period. Respondent shall not be eligible to petition for termination of theprobation period for ?ve (5) years from the effective date of this Consent Order. At such time, Respondent may petition for termination by certifying under oath before a notary public that he has complied with all conditions of probation and by providing documentation supporting discharge from probation, including, but not limited to, a written statement from Respondent?s supervising and monitoring physicians that he/she agrees with terminating the probation period. The Georgia Composite Medical Board shall review and evaluate the practice of Respondent prior to lifting the probation period. At such time, the Board shall be authorized, but is not required, to terminate the probation period. If the Board denies the Respondent?s petition for termination of probation, Respondent may petition for termination of probation on an annual basis thereafter. In any event, the Consent Order shall remain in effect pending a ?nal determination by the Board and noti?cation that the period of probation has terminated. 2. As to ?ndings of fact in Paragraph 5 on page 2 of this Order, Respondent shall submit to the Board a ?ne of ?ve hundred dollars to be paid in full by cashier's check or money order made payable to the Georgia Composite Medical Board within 60 days of the effective date of this Consent Order. Failure to pay the entire amount by the 60th day shall be considered a violation of this Order and shall result in further sanctioning of Respondent's license, including revocation, upon substantiation thereof. 3. In addition to the ?ne required in paragraph 2 of this Consent Order, Respondent shall pay administrative fees in the amount of ?ve hundred dollars ($500.00) as reimbursement to Page 9 of 12 the Board of expenses incurred in the investigation of this matter, which expenses do not include time spent by the investigative division of the Board. Said fees shall be paid by certi?ed check or money order made payable to the Georgia Composite Medical Board within sixty (60) days of the effective date of this Consent Order. Failure to pay the entire amount by the 60th day shall be considered a violation of this Consent Order and shall result in further sanctioning of Respondent?s license, including revocation, upon substantiation. 4. This Consent Order shall constitute a public reprimand by the Board of Respondent's conduct and may be disseminated by the Board as a public disciplinary action. 5. Approval of this Consent Order by the Georgia Composite Medical Board shall in no way be construed as condoning Respondent?s conduct and shall not be construed as a waiver of any of the lawful rights possessed by the Board. Respondent also acknowledges that the Board has the right to initiate further disciplinary proceedings against Respondent based on the facts set forth in Paragraph 5 on Page 2 of this Order, additional complaints of misconduct, or other violation of the Medical Practice Act, Board rules or other State or Federal law, and the Board acknowledges that for other actions, the Respondent has a right to a hearing under O.C.G.A. T. 50, Ch. 6. Respondent understands that pursuant to 43, Chapter 34A, the contents of this order shall be placed on Respondent?s Physician Profile. Furthermore, by executing this Consent Order, Respondent hereby agrees to permit the Board to update the Physician?s Pro?le re?ecting this Consent Order. Page 10 of 12 7. Respondent acknowledges?that he is represented by counsel and that he has read this Consent Order and understands its contents. Respondent understands that he has a right to a hearing, and freely, knowingly, and voluntarily waives that right. Respondent understands that this Consent Order will not become effective until approved and docketed by the Georgia Composite Medical Board. Respondent further understands and agrees that a representative of the Department of Law may be present during the presentation of the Consent Order to the Board and that the Board shall have the authority to review the investigative ?le and all relevant evidence in considering the Consent Order. Respondent further understands that the Consent Order, once approved, shall constitute a public record that may be disseminated as a public disciplinary action. However, if the Consent Order is not approved, it shall not constitute an admission against interest in the proceeding, or prejudice the right of the Board to adjudicate the matter. Respondent consents to the terms and conditions contained herein. I. Approved, this IL day of March, 2011. GEORGIA COMPOSITE MEDICAL BOARD (Shims ALEXANDER s. GROSS, M.D. Chairperson - - (BOARD SEAL) cuti Director [Signatures-continued on next page:] Page 11 of12 [Signatures continued from previous page:] CONSENTED T0: _[As to Dr. Ulbrich's signature:] Sworn to and subscribed before me This 3 day of March, 2011. PUBLIC My commission expires: 3103 18390100 93m ?98039 MMON ELIZABETH BEAVEFIS NOTARY PUBLIC DEKALB COUNTY, GEORGIA MY COMMISSION EXPIRES OCTOBER 8, 2012 PETER M.D. Respondent I . I ml ?ow: 4 0/521 ANTHONY L. ESQ. Attorney for Respondent Page 12 of 12 GEORGIA MEIR-CAL BOARD BEFORE THE GEORGIA COMPSITE MEDICAL BOARD STATE OF GEORGIA APR 01 mm . DOCKET NUMBER IN THE MATTER OF: a .- N0.: PETER JOHN ULBRICH, M.D., a License No. 28696, Respondent. CONSENT ORDER By agreement of the Georgia Composite 'Medical Board ("Board") and Peter John Ulbrich, M.D. ("Responden the following diSpogition of this matter is entered pursuant to the provisions of O.C.G.A. as amended. FINDINGS 0E FACT 1. Respondent is licensed to practice medicine the State of Georgia, and was so licensed at all times relevant to the matters asserted herein. I 2. In or about February 2010, the Board received reliable, con?dential information that Respondent engaged in conduct in or about 2000 ithrough 2010 that was unprofessional and appeared to be sexual misconduct or exploitation {of patients. On or about 'March 2, 2010, Respondent voluntarily disclosed to the Board admitted that he engaged in a "boundary violation" and voluntarily agreed to seek treatment. 3. On or about March 4, 2010, Respondent was required by the Board to obtain an examination pursuant to O.C.G.A. Page 1 of 8 Respondent was examined at a Board approved facility beginning March 10, 2010. During the examination, Respondent admitted to boundary violations. 5. The preliminary report of Respondent's examination indicates that Respondent requires an intensive program of treatment in a facility familiar with professionals who have engaged in sexual misconduct prior to returning to the practice of clinical medicine. Respondent voluntarily entered treatment beginning on March 22, 2010, and. the treatment is ongoing. Respondent also voluntarily agreed to refrain from?the practice of medicine during the course of his treatment. 6. Respondent admits the above ?ndings of faCt and waives any further ?ndings of fact with respect to the above-styled matter. CONCLUSIONS OF LAW The Board contends that Respondent?s alleged conduct constitutes suf?cient grounds for the Board to exercise its disciplinary authority and to impose sanctions on Respondent as a license under O.C.G.A. Ch. 34, T. 43, as, amended, O.C.G.A. 43-1-19(a) and the Rules of the Georgia Composite Medical Board. Respondent waives any further ?ndings of law with reSpect to this matter at this time, but reserves the right to contest this matter later as provided herein. ORDER The Board, having considered the particular facts and circumstances of this case, it is hereby ordered, and the Respondent hereby agrees, as follows: Page 2 of8 - 1. ReSpondent agrees that Respondent's license to practice medicine in the State of Georgia shall remain suspended until Board consents to Respondent?s return to the practice of medicine, as provided in Paragraph 6 below or until the conclusion of a hearing as provided in Paragraph 7. If Respondent practices medicine in Georgia without prior express written permission of the Board, Respondent's license shall be subject to revocation, upon substantiation thereof. 2. During the period of suspension, Respondent shall inform the Board in writing of any change in his address of record within ten (10) days of the change. 3. During the period of suspension, the Respondent shall continue to obtain continuing education as required by O.C.G.A. 43-34-11 and the Rules and Regulations of the Board and shall continue to pay the license renewal fee by and before each expiration date as established by the Board. Failure to obtain the continuing education and pay the license renewal fee shall be grounds for the administrative revocation of Respondent?s license without a hearing as provided by O.C.G.A. with reinstatement within the discretion of the Board. Respondent acknowledges that when considering the reinstatement of an administratively revoked license, the Board has the authority to review any investigative ?le relating to the Respondent. 4. I Respondent shall successfully complete treatment at a Board approved facility. If treatment is not completed at the facility where Respondent began treatment, Respondent shall Page 3 of 8 provide a release to the subsequent treatment facility for the examination results from the examining facility. I Following discharge from treatment, Respondent shall comply with any recommended follow-up care as may be suggested by the Board approved treatment facility and/ or shall comply with further recommendations of the Board. ReSpondent shall execute a release so that the Board may obtain the results andgrecords relating to any of Respondent's evaluation(s) and/or treatment. 5. The Respondent shall notify the Board of: his completion of an intensive program of treatment in a facility, approved by the Board, familiar with professionals who have engaged in sexual misconduct, on the first business day within twenty-four (24) hours after completion. 6. Respondent may not petition to have the suspension of his license to practice medicine in the State of Georgia lifted until he has completed an intensive program of treatment in a facility, approved by the Board, familiar with professionals who have engaged in sexual misconduct; and received professional advocacy?to return to the practice of medicine from an advocate acceptable to the Board. Prior to the Board considering Respondent?s petition to have the suspension lifted, the Board shall review evaluate the Respondent?s current condition and his compliance with the treatment program and any recommended continuing care. The Board may require Respondent to meet personally with the Board or any committee thereof. The Board may require the ReSpondent to demonstrate to the satisfaction of the Board that he has maintained current knowledge, skill and pro?ciency in the practice of medicine. The Board may require the Respondent to submit proof of continuing education and/or the passage of an examination such as SPEX or other competency assessments. Respondent Page 4 or 8 acknowledges that when considering his petition the Board has the authority to review any investigative ?le relating to the Respondent. The Board shall have the discretion to lift the suspension of Respondent?s license to practice medicine in the State of Georgia, to place upon Respondent?s license any conditions that the'Board may deem appropriate, or to deny the petition to have the suspension lifted. 7. Should the Board refuse to permit Respondent to resume the practice of medicine under the procedures and conditions outlined in Paragraph 6 herein, Respondent has the right to a hearing at that time as a contested case, as de?ned by O.C.G.A. Title 50, Chapter 13, the Georgia Administrative Procedure Act. Within thirty (3 0) days of the Board?s refusal to permit Respondent to resume the practice of medicine as provided in Paragraph 6, the Respondent may request a hearing in writing. Within twenty (20) days following the receipt of such written request, Board shall proceed with Matters Asserted and Statutes and Rules Involved for purposes of a hearing on ?nal disciplinary action to revoke Respondent?s license to practice medicine pursuant to O.C.G.A. 43-34-8. The failure of Respondent to timely request a hearing following the first denial of the Respondent? petition to have the suspension lifted shall be deemed a waiver of any right to a hearing in this matter. However, if the Respondent waives his right to a hearing under O.C.G.A. Title 50, Chapter 13, Respondent shall still be permitted to continue to petition the Board for the lifting of the suspension, and shall be permitted to have an appearance before the Board as in anon-contested case. .8. Nothing in this Consent Order precludes the Respondent or the Board from subsequently entering into another other resolution of the above-referenced matter. Page 5 of 8 9. Approval of the Consent Order by the-Board shall inno way be construed as, condoning Respondent?s alleged conduct. EXCept provided herein, this Order shall not be construed as a waiver of any of the lawful rights po?sessed by the Board or Respondent. Respondent also acknowledges that the Board has the right to initiate further disciplinary proceedings against Respondent based on additional complaints of misconduct, or other violation of the Medical Practice Act, Board rules other State or Federal law, and the Board acknowledges that for other actions, the Respondent has a right to- a hearing under O.C.G.A. T. 50, Ch. 13. i 10-. I This Consent Order shall, be considered a public record of the Board and shall be disseminated as such. 11. Respondent shall abide by all State and'Federal laws and the terms of this Consent Order. If Respondent fails to abide by such laws terms, Respondent?s license shall be subject to revocation, upon substantiation thereof after notice and hearing, and if revoked, the Board in its discretion may determine that the license should be permanently revoked and not subj eet to reinstatement. i 12. 1 Respondent understands that pursuant to Title 43, Chapter 34A, the contents of this order shall be placed on his Physician?s Pro?le. Furthermore, by executing this Consent Order, the Respondent hereby agrees permit the Board to update the Physician?s Pro?le re?ecting this Consent Order. Page 6 of8 1'3. Respondent acknowledges that he is represented by counsel and that he has read and understands the contents of this Consent Order. ReSpondent understands that this Consent Order will not become effective until approved by the Georgia Composite Medical Board and docketed by the Executive Director of the Board. Respondent further understands and agrees that a representative of the State Department of Law may be present during the presentation of this Consent Order and that the Board shall have the authority'to review the investigative ?le and all relevant evidence in considering this Consent Order. Respondent further understands that this Consent Order, once approved, shall constitute a public record which may be disseminated as a disciplinary action of the Board. If this Consent Order is not approved, it shall not constitute an admission against interest in this proceeding, or prejudice the ability of the Board to adjudicate this matter. Respondent consents to the terms and sanctions contained herein. Approved, this day of fr 2010. GEORGIA COMPO . DICAL BOARD BY: J0 MD. Chairp son (BOARD SEAL) ATT . utive Director Page 7 of8 CONSENTED TO: [As to Dr. Ulbrich's signature:]' Sworn to and subscribed before me This 2333+ day of March, 2010. NOTARY PUBLIC My commission expires: (1, a0?; RICA HERRMAN Notary mane Moot Kansas My Commission Expires MD. Respondent 41 gm ANTHONYL OCHRAN, ESQ. Attorney for espondent Page 8 of 8