STATE OF MAINE BOARD OF LICENSURE IN MEDICINE Juan c. Lazaro, M.D. ) ) ) CONSENT AGREEMENT FOR CONTIN1)ATION OF SUMMARY SUSPENSION This document is a Consent Agreement entered into by Juan c. Lazaro, M.D. (lithe Licensee"), the State of Maine Board of Licensure in Medicine (lithe Board"), and the Maine Department of Attorney General. This Consent Agreement is entered into pursuant to 10 M.R.S.A. § 8003(5)(B) and 32 M.R.S.A. § 3282-A. At its meeting on September 14, 2004, the Board voted to summarily suspend the medical license of the Licensee, pursuant to 5 M.R.S.A. § 10004. The Board also issued complaints against the Licensee and scheduled a hearing on the summary suspension for October 12, 2004. The Licensee agrees that he will not practice medicine or render any professional health care services to any person in the State of Maine or in any other location under his Maine medical license until the matters currently pending before the Board are decided. The Board will hold a hearing on the summary suspension within sixty (60) days of a request by the Licensee for such a hearing. The Licensee has been represented by counsel with respect to the terms of this agreement. I, JUAN C. LAZARO, M.D., HAVE READ AND UNDERSTAND THE FOREGOING CONSENT AGREEMENT. I UNDERSTAND THAT BY SIGNING IT, I WAIVE CERTAIN RIGHTS. I SIGN THIS CONSENT AGREEMENT VOLUNT ARILY, WITHOUT ANY THREAT OR PROMISE. I UNDERSTAND THAT THIS CONSENT AGREEMENT CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE. DATED: ((-I-Zoo . STATEOF ~ ~QD~ '-I JDA c. LAZARO, .D. ~~ ~~ ,S.s. Personally appeared before me the above-named Juan c. Lazaro, M.D., and swore to the truth of the foregoing based upon his own personal knowledge, or upon information and belief, and so far as upon information and belief, he believes it to be true DATED: ll-I--UDL !q»Ut-NOTARY PUBLIC 4-thJ~ 2 ,.J-kvv- ) STATE OF MAINE BOARD OF LICENSURE IN MEDICINE DATED: /I~/O ~(}I/ I ~ EDWARD UC1A~ VID, M.D., Chairman STATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL DATED: APPROVED /Jolotf . f/ , RUTH E. McNIFF Assistant Attorney General I ~n' EFFECTIVE: I ?/CjlJfj ,,"'- 3 STATE OF MAINE BOARD OF LICENSURE 137 STATE HOUSE AUGUSTA, IN MEDICINE STATION MAINE 04333-0137 JOHN ELIAS BALDACCI EDWARD DAVID, M.D.J.D. GOveRNOR CHAIRMAN RANDAL C. MANNING exECUTIve DIReCTOR September 16, 2004 CERTIFIED MAIL 7003 2260 0002 9790 8812 . RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED Juan C. Lazaro, M.D. 846 Main St Westbrook, ME 04092 Re: Summary suspension of Maine medical license and notice of complaint Dear Dr. Lazaro: This letter will serve as official notice that your license to practice medicine and/or surgery in the State of Maine has been and is summarily suspended, effective September 14, 2004 in accordance with 5 M.R.S.A. §10004. The suspension is based on the review of investigative records from which the Board has determined that you are an imminent danger to the health and safety of your patients because of alleged violations of the following statutes and rules: A. B. C. 32 M.RS.A. §3282-A(2)(E)(I)&(2) Incompetence 32 M.RS.A. §3282-A(2)(F) Unprofessional'Conduct ;32M.RS.A. §3282-A(H) Violation of Chapter 10 Rules of the Board regarding. sexual misconduct D. < 32 M.R.S.A. §3282-A(J) Prescribing narcotic or hypnotic or other drugs listed as controlled substances by the Drug Enforcement Administration for other than therapeutic purposes The Board also issued a complaint based on the above allegations which are detailed in the enclosed investigative reports. You are required by statute to respond, in writing, within 30 days of receipt of this notice of complaint. An Adjudicatory Hearing on this matter has been scheduled for October 12, 2004 at 1:30 p~m.or as soon thereafter on that date as possible. The hearing mIl be held in the conference room at the office of the Maine Board of Licensure in Medicine, lower level, 2 Bangor St, Augusta, Maine. OFFICE PHO:"E: (207) 287-3601 LOCATION: TWO BANGOR STREET. AUGUSTA. ME F..\.X; C:(7) :S7.659~ Letterto JuanC.Lazaro,M.D. PageTwo September16,2004 The following issue will be considered by the Board at the Adjudicatory Hearing: A. Whether your continued practice of medicine in Maine jeopardizes the health or physical safety of your patients based on the above allegations. If the Board fmds that the allegations are true, the Board shall then determine whether to take any action against your license. The Board may take such action as the statute empowers it to take, including but not limited to, reprimand, fme, probation, suspension, revocation, nonrenewal, or any combination thereof, as deemed appropriate by the Board. The Adjudicatory Hearing shall be held pursuant to the Maine Administrative Procedures Act, 5 M.R.S.A. §9051, et seQ. The Adjudicatory Hearing will be held in Public Session of the Board. You have the right to be represented by COWlSel of your choosing, and you should appear at the Adjudicatory Hearing accompanied by an attorney. You have the right to testify under oath, call witnesses, cross-examine witnesses and enter documents into evidence. Any request that you might have to serve subpoenas should be made as soon as possible, but in no event later than September 28, 2004. Should you fail to appear for the Adjudicatory Hearing, the Board may hold the hearing in your absence, or the Board may enter a default judgement. If you have any questions, please contact Assistant Attorney General Ruth McNiff at (207) 626-8494. .' Sincerely, RCM/msl CR 04-107 Enclosures cc: Ruth McNiff, AAG Kenneth Lehman, Esq. (7003 2260 0002 9790 8829) James E. Smith, Esq., Hearing Officer WAIVER I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED BY COUNSEL AT THE ADJUDICATORY HEARING SCHEDULED FOR October 12, 2004 . IF, AFTER HEARING, THE BOARD FINDS GROUNDS FOR DISCIPLINE, THE BOARD .N1AY: ISSUE AW ARNING, CENSURE OR REPR.Th1AND; Th1POSE CIVIL PENAL TIES; SUSPEND, REVOKE OR REFUSE TO GRANT OR RENEW A LICENSE; . REFER TO THE DISTRICT COURT FOR FURTHER ACTION; IMPOSE ANY OTHER DISCIPLINE ALLOWED BY LAW. I UNDERSTAND MY RIGHT TO BE REPRESENTED BY.COUNSEL AND KNOWINGLY WAIVE THAT RIGHT. I HAVE CHOSEN TO REPRESENT MYSELF. .' DATE .' NANtE OF LICENSEE 9/12/01 THE MAINE BOARD OF LICENSURE IN MEDICINE IN RE: Summary Revocation of Licensure DECISION & ORDER ) ) ) JUAN C. LAZARO, M.D. This Order is issued by the Maine Board of Licensure (the "Board") under pursuant its authority to revoke licenses in Medicine without hearing to Title 32 M.R.S.A. § 3282-A(2), Title 5 M.R.S.A. § 5301 et seq., and 5 M.R.S.A. § 10004(1). I. FINDINGS OF FACT Upon a review by the Board of the licensing attested copies of the judgments criminal complaints, & commitments, and accompanying file of Juan C. Lazaro, criminal indictments, investigative reports, the Board makes the following findings of fact: 1. Dr. Lazaro was first licensed to praGtice medicine in the State of Maine on August 9, 1978. His license lapsed in 1986 because did not apply for renewal. and the Board reinstated attached for reinstatement his license on July 12, 1994. in 1992 See "Exhibit A" to this Decision & Order. 2. The Florida Board of Medical Examiners license to practice dated September instances 1984. Dr. Lazaro applied he medicine in the State of Florida by Decision and Order 15, 1996. The revocation of inappropriate revoked Dr. Lazaro's prescribing Dr. Lazaro neither admitted was based on numerous practices from 1982 through nor denied these allegations 1 and he never sought reinstatement of his medical license in the State of Florida. See "Exhibit B" attached 3. to this Decision Dr. Lazaro returned specializing in the treatment to Maine in 2003 and opened a practice of chronic 2004, he began working as a physician "Exhibit C" attached 4. about patients the Board initiated -2004. abuse. In for Prison Health Services. an investigation Investigation from a physician he had referred See "Exhibit D" attached 5. pain and substance See to this Decision & Order. After receiving information concerned & Order. who was - to Dr. Lazaro for detoxification, into the Licensee's practice in July, to this Decision & Order. revealed that patient visited Dr. Lazaro's office at various times in 2004 for either chronic pain or addiction problems. With each of them, Dr. Lazaro failed to take a medical history or vital sIgns. He did not undertake exam. Dr. Lazaro simply asked for one hundred gave them a prescription urine monitoring for Suboxone. Investigation misconduct with three separate to this -- that Dr. Lazaro engaged in sexual female patients: . Dr. Lazaro told each of these female _;and patients also revealed dollars ($100) cash and See "Exhibit E" attached Decision & Order. 6. or perform a physical to come to his office late in the evening with one hundred ($100) cash. Dr. Lazaro took no medical 2 dollars history or vital signs of these three female patients, nor did he perform a regular physical exam. Instead, Dr. Lazaro asked each of the female patients all of their clothing. patients' He asked inappropriate sex experiences. medically necessary Lazaro, under Instead physical the guise of practicing and then fondled the patients' touched the patients' questions of conducting examination about the a legitimate had the women undress and either rubbed up against See "Exhibit F" attached genitals. and of these three women, Dr. medicine, breasts to remove part or or to this Decision & Order. 7. On September 14,2004, Dr. Lazaro's license, and ordered multiple instances of the Board's Rules regarding "Exhibit G" attached 8. Agreement attached 9. deception the issuance of unprofessional drugs for other than therapeutic the Board summarily conduct, purposes suspended of complaints a~leging incompetence, prescribing and violations sexual misconduct of Chapter with patients. 10 See to this Decision & Order. On November 1,2004, that continued Dr. Lazaro executed the emergency suspension. a Consent See "Exhibit H" to this Decision & Order. On November 18,2005, Dr. Lazaro pled guilty to theft by (Class D) in violation of 17 -A M.R.S.A. § 354 for stealing more than five hundred dollars ($500) but less than one thousand ($1,000) worth of MaineCare funds from the State of Maine. 3 dollars A copy of the judgment and commitment and criminal complaint is attached to this Decision & Order as "Exhibit 1." 10. A review of the criminal complaint for theft by deception to which Dr. Lazaro pled guilty indicates that he committed the crime over a period of time between March 2,2004 and June and pursuant to one scheme or course of conduct. that Dr. Lazaro, pursuant to permanently knowingly In addition, the complaint indicates to this scheme or course of conduct, deprive MaineCare of money through providing false prescriptions of the criminal complaint 9,2004, is attached intended deception to MaineCare by recipients. to this Decision A copy & Order as "Exhibit J." 11. Title 17 -A M.R.S.A. § 354 defines "theft by deception" obtaining or exercising "control over property deception and with the intent to deprive the other person of the property." See "Exhibit K" attached the nature of the criminal theft by deception, occasions MaineCare of another to this Decision complaint, the Board reasonably over time, Dr. Lazaro intended concludes concludes by writing false prescriptions by abusing his status Furthermore, the to deceive was premeditated as a licensed Maine physician. 4 of the crime of to deceive and steal from that Dr. Lazaro's scheme MaineCare In light of that, on multiple by knowingly writing false prescriptions. Board reasonably as a result of & Order. and the elements as and achieved - 12. On November separate counts of unlawful M.R.S.A. § 255-A. provided statements perpetrated to the Board investigator sexual comments sexual andf or criminal his unlawful regarding Dr. Lazaro's and contacts: . In addition, a five-month (Class D) in violation of 17-A who went to him seeking medical care, and who l1li8; and indictment sexual contact The three victims of Dr. Lazaro's unlawful contact were all patients inappropriate 18, 2005, Dr. Lazaro pled guilty to three complaints a review of the criminal indicates sexual contact that Dr. Lazaro on these female patients period of time from April 2004 through copy of the judgment and commitments indictmentfcoinplaint(s) is attached during August 2004. A and criminal to this Decision & Order as "Exhibit L." 13. Title 17-A M.R.S.A. § 255-A(1) provides that "a person is guilty of.unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and the other person has not expressly impliedly acquiesced in the sexual contact." See "Exhibit M" attached or to this Decision & Order. 14. Title 17-A M.R.S.A. § 251(1)(D) defines "sexual contact" as "any touching of the genitals than as would constitute or anus, directly or through a sexual act, for the purpose gratifying sexual desire or for the purpose 5 of causing clothing, other of arousing or bodily injury or offensive physical contact." See "Exhibit N" attached to this Decision & Order. 15. Title 17 -A M.R.S.A. § 35 defines "intentionally" . acts intentionally conscious with respect to a result of his conduct when it is his object to cause such a result." this Decision sexual contact of his criminal and the foregoing definitions sexual contact, Lazaro's conscious patients See "Exhibit 0" attached to & Order. . 16. In light of the nature unlawful as "a person convictions for unlawful related to the crime of the Board reasonably object to touch the genitals concludes that it was Dr. of the three female in order to arouse or gratify his sexual desires or in order to offend them. Furthermore, Lazaro abused concludes his position as a Maine licensed physician these sexual crimes against Lazaro abused the Board reasonably patients seeking his care. that Dr. in committing In short, Dr. the trust placed in him by the Board and by his patients in order to gratify his own sexual desires or cause offense to his patients. II. CONCLUSIONS OF LAW 1. criminal Pursuant conviction to Title 5 M.R.S.A. § 5301(2)(A) and (B) Dr. Lazaro's for theft by deception (Class D) in violation of 17-A M.R.S.A. § 354 is a conviction which "involve[s] dishonesty or false statement" and/ or "which directly relate[s] to the trade or occupation" medicine. See "Exhibit P" attached to this Decision & Order. 6 of 2. Pursuant three criminal violation to Title 5 M.R.S.A. § 5301(2)(B) and (E) Dr. Lazaro's convictions for unlawful sexual contact of 17 -A M.R.S.A. § 255-A are convictions relate to the trade or occupation" misconduct." of medicine See "Exhibit P" attached 3. Pursuant which "which directly and/ or "involve sexual to this Decision & Order. to Title 5 M.R.S.A. § 5302 the Board concludes that Dr. Lazaro "has not been sufficiently public trust." (Class D) in See "Exhibit P" attached rehabilitated to warrant to this Decision & Order. the The Board makes this finding based upon: (a) the recency of the criminal convictions; committed (b) the fact that Dr. Lazaro intentionally the crimes; (c) the fact that Dr. Lazaro committed over a period of time and constituted conduct; a continuous (d) the fact that Dr. Lazaro abused physician and knowingly the crimes course of criminal his status as a licensed in order to commit all of the crimes; (e) the fact that all of his crimes involved patients and/ or the practice nature criminal of the underlying Lazaro perpetrated conduct of medicine; (f) the serious itself; and (g) the fact that Dr. sexual offenses upon three separate female patients at three different times between March 2004 and August 2004. 4. criminal Pursuant convictions to Title 32 M.R.S.A. § 3282-A(2)(G) Dr. Lazaro's "involve dishonesty "relate directly to the practice this Decision or false statement" of medicine." & Order. 7 and/ or See "Exhibit Q" attached to 5. Pursuant authority 1004. to suspend to Title 32 M.R.S.A. § 3282-A(2), the Board has the or revoke a license pursuant See "Exhibit Q" attached 6. Pursuant to this Decision & Order. to 10 M.R.S.A. § 10004(1), this Board has the authority to revoke without medicine in this State based upon his criminal deception hearing (Class D) and unlawful R" attached to Title 5, Section Dr. Lazaro's license to practice convictions sexual contact for theft by (Class D). See "Exhibit to this Decision & Order. III. ORDER Based on the findings of fact and conclusions Parts I & II, above, the Board by unanimous voteji'tldjoIity hereby ORDERS that the medical license of Juan REVOKED, effective Dated: ~ of law contained \>otG(-- in -)1-0 C. Lazaro, M.D. is immediately. " u ~ ~- ..- CNl EDWARD D I, M.D., J.D. CHAIRMAN, INE BOARD OF LICENSURE IN MEDICINE NOTICE OF RIGHT OF APPEAL The said Juan C. Lazaro, M.D. may appeal this Decision and Order summarily revoking his license by filing a petition for review of final agency action. in the District Court located either in the county of his residence of that of the Board pursuant to M. R. Civ. P. SOC within thirty (30) days of his receipt of the Decision and Order. The failure to file such a petition within thirty (30) days of receipt of this Decision and Order, may preclude any further possible appeal. 8