1-..--.- - w? STATE OF MICHIGAN DEPARTMENT OF HEALTH BUREAU OF HEALTH PROFESSIONS BOARD OF OSTEOPATHIC MEDIICNE AND SURGERY DIS CIPLINARY SUBCOMMITTEE In the Matter of "Odmplaint No. 51?01-0787-00 CONSENT ORDER AND STIPULATION 1. PAUL HOWARD EMERSON, D.O. CONSENT ORDER An administrative complaint was ?led with the Disciplinary Subcommittee of the Board of Osteopathic Medicine and Surgery on December 20, 2002, charging Paul Howard Emerson, D.O. (Respondent) with having violated sections 16221(a), and of the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq. The parties have stipulated that the Disciplinary Sub committee may enter this consent order. The Disciplinary Subcommittee has reviewed the stipulation contained in this document and agrees that the public interest is best served by resolution of the outstanding complaint. Therefore, the Disciplinary Subcommittee ?nds that the allegations of fact contained in the complaint are true and that ReSpondent has violated sections 16221(b)(i) and of the Public Health Code (Counts II and respectively). Accordingly. for these violations, IT IS ORDERED: Respondent is placed on PROBATION for a period of two years commencing on the effective date of this order. Reduction of the probationary period shall occur only while Respondent is employed as an osteopathic physician. Respondent shall be automatically - discharged from probation at the end of the probationary period provided Respondent has complied with the terms of this order. The terms and conditions of the probation, which Respondent must complete within the period of probation, are as follows: CONTINUING EDUCATION CREDITS. Resp ondent shall successfully complete 8 hours of continuing education credits in the area of ethics. These credit hours shall not count toward the number of credit hours required for license n. Resp ondentmust seek: and obtainadvance. approvalof the continuing. - .. education courses from the Chairperson of the Disciplinary Subcommittee or the Chairperson?s designee. Respondent shall mail requests for approval of a course and proof of successful completion of a course to the Department at the address set forth below. Any violation of the Public Health Co de by Respondent during the period of probation shall be deemed a violation of probation and constitute grounds for further disciplinary action. Respondent is FINED 5,000.00 to be paid by check, money order or cashier's check made payable to the State of Michigan (with complaint numb er 51-01?0787?00 clearly indicated on the check or money order) within 30 days ?om the effective date of this order. The timely payment of the ?ne shall be Respondent's responsibility. Count I of the complaint, which alleges violation of section 16221(a) of the Public Health Code, is DISMISSED. Respondent shall direct any communications to the Department that are required by the terms of this order, except the payment of ?nes, to: Sanction Monitoring Unit, Bureau of Health Professions, Department of Conununity Health, PO. Box 30670, Lansing, Michigan 48909. Respondent shall mail any ?ne required by the terms of this order to: Sanction Monitoring, Bureau of Health Professions, Department of Community Health, P.O. Box 30185, Lansing, Michigan 48909. Respondent shall be responsible for the timely compliance with the terms of this consent order, including the timely ?ling of any documentation, and the failure to comply within the time limitations provided will constitute a violation of this order. If Respondent violates any term or condition set forth in this order, Respondent will be in ..yiolation..of.1996.AACS, and section_16221(h) of the PublieHealth Code. l- i This order shall be effective on the date signed by the Chairperson of the Disciplinary Sub committee or the Disciplinary Subcommittee?s authorized representative, as set forth below. Signed on 5? 0 2004. MICHIGAN OARD OF OSTE OPATHIC MEDICINE AND SURGERY I whairperson, Disciplinary Sub committee STIPULATION The parties stipulate as follows: 1. Except for the allegations in Count I in the complaint, which Respondent denies, Respondent does not contest the allegations of fact and lastr in the complaint. Respondent understands that, by pleading no contest, he does not admit the truth of the remaining allegations but agrees that the Disciplinary Subcommittee may treat these allegations as true for resolution of the complaint and may enter an order treating these allegations as true. 2. Respondent understands and intends that, by signing this stipulation, he is waiving the right under the Public Health Code, rules promulgated under the Public Health Code, and the .. .. 3. The Disciplinary Subcommitteemay enter the above consent order, which Board. Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.201 et seq, to require the Department to prove the charges set forth in the complaint by presentation of evidence and legal authority, and to present a defense to the charges before the Disciplinary Subcommittee or its authorized representative. conferee Frank D. Winters, D.O., supports. The Board conferee, the Department?s representative, andfor the undersigned Assistant Attorney General are ?ee to discuss this matter with the Disciplinary Sub in order to recommend acceptance of this resolution. 4. Should the Disciplinary Subcommittee reject the proposed consent order, the parties reserve the right to proceed to hearing. AGREED TO BY: Thomas P. Scallen (P225988) Assistant Attorney General Attorney for Complainant Dated: State of Mia}? County of stipulation. STEPHANIE A. LEZOTTE notary Public, Wayne Cons. ?lms wins Aut- . TO BY: E31 F'an Howard Emerson, D.O. Respondent Dated; Richard dryads Attorney for Res oy?ent Dated: If, 2004, I observed Paul Howard Emerson, D.O., sign this Notary Public, WWounty State of i f- My commission expires: A 3 -. .. I. i-Irn- dun?nu STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH PROFESSIONS In the Matter of Paul Howard Emerson, License Number: 51?01?010627 STATE OF MICHIGAN) COUNTY OF INGHAM) being duly sworn, depose and say the go and discretion to: serve process and that on xi gag. at Germ? . [served the To documents: - IIowidg (Date) ORDER OF SUMMARY SUSPENSION signed ApriI 11. 2005; ADMINISTRATIVE COMPLAINT signed 1 I, 2005, with attached Exhibit and with attached AFFIDAVIT OF SHERRI JOHNSON notarized ApriI 8, 2005. . - in the above entitled cause upon 32% by. delivering the same to said person at: i #77 9/3/Subscribed and toioytofggtore me .. this day of 4%??qu ?ggaosmg? mt:? MM Notary PubII'o, 4.. County. State othiohigan. My Commission expires: STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH PROFESSIONS BOARD OF OSTEOPATHIC MEDICINE AND SURGERY DISCIPLINARY SUSCOMMITTEE In the Matter of PAUL HOWARD EMERSON, D.O. License Number: 51 ~01-010627 ORDER OF SUMMARY SUSPENSION File Number: 51?05-96005 WHEREAS, an Administrative Cemplaint has been filed against the above- named Respondent as previded by the Public Health Code, 1976 PA 366, as amended; MCL 333.1101 et seg, the rules promulgated thereunder, and the Administrative Procedures Act of 1969, 1969 PA 306, as amended; MCL 24.201 et seg: and WHEREAS, section 16233(5) of the Public Health Code, supra, mandates the Department Of Community Health, hereafter Department, to ?nd that the public health, safety and welfare requires emergency action if a licensee or registrant is convicted of a felony or a misdemeanor punishable by imprisonment for a maximum term of two years or a misdemeanor . ..,,involving the illegal delivery, possession, or use Of a controlled substance. -- - - - - WHEREAS, based on Respondent?s conviction as set forth in the Administrative Complaint, and pursuant to section the Public Health Code, supra, the Department ?nds that the public health, safety or welfare requires emergency action; Now therefore, lT-- IS HEREBY ORDERED that Respondent's license to practice osteopathic medicine and surgery in the state of Michigan shall be and hereby is SUMMARILY SUSPENDED, commencing the date this order is served. Section 7311(6) of the. Public Health Code, supra, provides that a controlled substance license is automatically void if a licensee?s license to practice is suspended or revoked under Article 15 of the Public Health "Code. under 1996 M08, 338.1610, Respondent has the right torpetition for the dissolution of this order of summary suspension. Respondent may do so by filing a petition with the Department of Community Health, Administrative Tribunal, PO. Box 30763, Lansing, Michigan 48909, with I. a? cop-y to the Department of Community Health, Bureau of Health Prefessions, PO. Box 30670, Lansing, Michigan 46909. Upon receipt of such petition, the Tribunal will immediater schedule a hearing before an administrative law judge, who shall disSolve the order of summary suspension unless sufficient evidence is produced to support a ?nding that the public health, safety, or welfare requires emergency action and a continuation of the suspension order. MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BKW Melanie B. Brim, Director Bureau of Health Professions Dated: I- M. STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ADMINISTRATIVE TRIBUNAL In the matter of Bureau of Health Professions, Docket No. 2005-22960MSS Pe??oner Agency No. 51-05-98005 Paul H. Emerson, DO, Respondent I. 1 APR 3 9 2005 mum and 9mm" users or HEALTH this 26th day of April, 2005 grommet owneron by Erick Williams Administrative Law Judge ORDER DISSOLVING SUMMARY SUSPENSION On 1April 11, 2005, the Bureau of Health Professions "issued an order summarily suspending Paul H. Emerson's license to practice osteopathic medicine and surgery. On April 13, 2005, Dr. Emerson ?led a motion to dissolve the summary suspension. On April 26, 2005, a hearing convened under 1996 M68 338.1610. This order dissolves the summary suspension. The summary suspension order was issued after Dr. Emerson was convicted of a felony. Based on his testimony and the testimony of two of his staff members, the circumstances were as follows. Dr. Emerson, his staff members, and several patients were victims of an armed robbery in August 2004. Following the robbery, Dr. Emerson purchased a gun, fully licensed, which he kept in his ?office. On January 11, 2005,r after close of business, a staff member observed several men lurking in the parking lot". Dr. Emerson put the gun in his pocket and escorted the staff members to? their cars, and inadvertently left the gun in his car where police discovered it the next day. He was charged with a weapons offense, a felony, and he plead guilty. Erihibit 2. Docket No. 2005?2296 omss Page 2 The felony conviction happened while Dr. Emerson was on probation pursuant to a 2004 consent order. Exhibit 1. The consent order was based on complaints from four female patients in 2000 and 2001 alleging that Dr. Emerson touched them improperly during physical examinations. Exhibit3. Dr. Emerson denies thatthe allegations are true, buthe i and his staff members testi?ed that he no longer sees female patients without a female staff member present. - - 1996 AACS 338.1610 reads in part: (1 A person whose license has been summarily suspended shall petition for dissolution of the order before seeking judicial review. Upon receiving a petition, the department shall immediately schedule a hearing before an administrative law judge. Immediately after the hearing on the petition, the administrative lawjudge shall decide whether to grant or deny the requested relief. (2) The administrative law judge shall grant the relief unless he or she ?nds that suf?cient evidence has been produced to support a ?nding that the public health, safety, or welfare requires emergency action and a continuation of the summary suspension order. .. - The January 2005 gun offense was, by no stretch of the imagination, a repeat of the 2000 and 2001 sexual abuse offenses. The gun offense was not abusive or predatory. lt placed no patients at risk. Dr. Emerson's behavior was understandable, not bizarre. There is no reason to believe that Dr. Emerson's patients or the general public will be endangered if he continues to practice while this case is pending. In short, there is not enough evidence to sopport a decision to continue the summary suspension. i Accordingly, the 11 April 2005 Order of Summary Suspension is DISSOLVED. ELF Low-b Erick Williams Administrative Law Judge Docket No. 2005-2296 OMSS Page 3 PROOF OF SERVICE I hereby state; to the best of my knowledge, information and belief, that a cepy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter?Departmental mail to those parties employed by the State of Michigan and by Day Air, facsimile, and/or by mailing same to them via ?rst class mail and/or - certi?ed mail urn receipt requested, at their respective addresses as disclosed by the ?le on tri?e}; of April, 2005. .. 3W Administrative Trib Paul Howard Emerson, DO 24118 Goddard Taylor, Ml 48130 Robert Gittleman Gittleman, Paskel, Tashman 8: Walker, PC 24472 Northwestern Hwy. South?eld, MI 48075 Thomas Scallen Department of Attorney General Licensing Regulation Division 3030 W. Grand Blvd, 10?? Floor Detroit, MI 48202 Bureau of Health Professions Clo Bill Hurth Ottawa Building, 15* Floor PO Box 30670 Lansing. MI 48909 - lI-I?l-Ii a. II STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH In the Ma?a? ET Peel Howard Emerson, DD: Number: STATE OF MICHIGAN) COUNTY OF Fer No; PROOF OF SERVICE ge and discretion to a Pig-W I I served the following .. mmew?g documents: ORDER OF SUMMARY SUSPENSION signed A COMPLAINT signed Apn'I II, 2005, with etfac pr" 11' 2005; OF SHERRI JOHNSON ?ata?md Apr? 8? waged Exhibit and with ?atta'ched AFFIDAVIT in the above entitled cause uporI ga/ Xig??m I I .. by: deIIverIng the same to Said pereen af: I. 92 5.535 IiilhlSubscribed and SMICngarggfere me fh' ?ew, Is day of A Camp 53% 339gang 3?1? If I. ?is? Q?County, Stat ofMIchIganT res: ?43 ?l STATEOF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH OF HEALTH PROFESSIONS BOARD OF AND SURGERY . In the Matter of PAUL HOWARD EMERSON, DD: License Number: 51?91?010627 5 ORDER OF SUMMARY SUSPENSION File Number: secs-Scope WHEREAS, an Administrative Complaint has been ?led against the above- named Respondent as provided by the Public Health Code, 1978 PA 366, as amended; MCL 333.1101 et seg, the rules promulgated thereunder, and the Administrative Procedures Act ?of 1969, 1969 PA 306, as amended; MCL 24.201 et seg: and i WHEREAS, section 16233(5) of the Public Health Code, sugra, mandates the Department of Community Health, hereafter Department, to ?nd that the public health, safety and welfare requires emergency action if a" licensee or registrant is convicted of a felony or a WHEREAS, based on Respondent?s conviction as set forth in the Administrative Complaint, and pursuant to section 16233(5)' of the Public Health Code,,sugra,' the Department ?nds that the public health, safety or welfare requires emergency action; Now therefore, misdemeanor punishable by imprisonment for a maximum term of two years or a misdemeanor ,_involving theillegaLdelivery, possession,,.or use of a, controlled substanceHEREBY ORDERED that Respondent's license to practice osteopathic surger in the state of Michigan shalt be and hereby is medicine and SUSPENDED, commencing the date this order is served. Section 7311(6) of the, Public Health Code, sugra, provides that a controlled substance license is automatically void if a licensee?s license to practice is suspended or revoked under Article 15 of the Public Health Code. U?der 1996 AACS, 336.1610, Respondent has the right to-petition for "the dissolution of this order of summary suspension. Respondent may do so by fiting a petition with the Department of Community Health, Administrative Tribunal, PO. Box 30763, Lansing, Michigan 48909, with"?a copy-to the Department of Community Health, Bureau of Health Professions, P20. Box 30670, Lansing, Michigan 46909. Upon receipt of such petition, the Tribunal Irvill immediately Schedule a hearing before 'an administrative law judgegvvho shall disSolve the order of summary suspension unless suf?cient evidence is produced to support a ?nding that the public heatth, safety, or welfare requires emergency action and a continuation of the susDension order. . I MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BMW Melanie B. Brim, Director Bureau of Health-Professions Dated: i STATE OF MICHIGAN DEPARTMENT OF COMMUNITY I- HEALTH BUREAU OF HEALTH PROFESSIONS BOARD OF OSTEOPATHIC MEDICINE AND SURGERY DISCIPLINARY SUBCOMMITTEE In the Matter of 41/ ?52? Paul Howard Emerson, D.O. am P2 License No. 51?01-010627 Complaint No. 51?07-106068 ?aw, 5 ?13 ?laugh a? Hf?g?oggfiggh? PROOF OF SERVICE Thomas P. Scallen, Assistant Attorney General representing the Department of Community Health, Bureau of Health Professions (Complainant), certi?es that on February 5, 2009, he served the Administrative Complaint and the Order of Summary Su3pension on Randall C. Roberts, Respondent's attorney in the criminal case referenced in paragraph 10 of the Administrative Complaint, by emailing them to him at randallcrobertSS1@yahoo.ccm. Mr. Roberts has confirmed in writing that he has authority to accept service on behalf of Dr. Emerson, and that he has received and accepted service of the Administrative Complaint and Order of Summary Suspension by e?mail. Thomas P. Scallen (P22988) Dated: March 12, 2009 STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH PROFESSIONS BOARD OF OSTEOPATHIC MEDICINE AND SURGERY DISCIPLINARY SUBCOMMITTEE In the Matter of Paul Howard Emerson, D.O. License No. 51?01?010627 Complaint No. 5 1?07?106063 ORDER OF SUMMARY SUSPENSION An administrative complaint has been issued against Paul Howard Emerson, D.0. (Respondent), under the Public Health Code, 1978 PA .368, as amended; MCL 333.1101 et seq, promulgated miles, and the Administrative Procedures Act of 1969, 1969 PA 306, as amended; MCL 24.201 er seq. After consideration of the documentation ?led in this case and consultation with the Chairperson of the Board of Osteopathic Medicine and Surgery, the Department concludes that the public health, safety or Welfare requires emergency action, as allowed by section 162336) of the Public Health Code and section 92(2) of the Administrative Procedures Act. THEREFORE, IT IS ORDERED that ReSpondent's license to practice osteopathic medicine and surgery in the State of Michigan shall be summarily suspended commencing on the date this order is served. Under 1996 AACS, 338.1610, Respondent has the right to petition for the dissolution of this order of summary suspension. This petition shall clearly state that it is a Petition for Dissolution of Summary Suspension and shall be ?led the Department of Community Health, Bureau of Health Professions, PO. Box 30670, Lansing, Michigan 48909, with a copy served upon the Department of Attorney General, Licensing 35 Regulation Division, P.O. Box 30754, Lansing, Michigan, 48909. Questions concerning the Order of Summary Suspension may be directed to (517) 373-1146. Upon receipt of such a petition, an administrative hearing will immediately be scheduled before an administrative law judge, who shall dissolve the order of summary suspension unless suf?cient evidence is produced to support a finding that the public health, safety, or welfare requires emergency action and a continuation of the suspension order. DEPARTMENT OF COMMUNITY HEALTH By: TQLL, %57E_n Melanie B. Brim, Dir'dctor Bureau of Health Professions Dated: 91-51- 3523?? STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH PROFESSIONS BOARD OF OSTEOPATHIC MEDICINE AND SURGERY DISCIPLINARY SUBCOMMITTEE In the Matter of PAUL HOWARD EMERSON, D.O. Complaint No. 51-07?106068 License No. 51-01-010627 CONSENT ORDER AND STIPULATION CONSENT ORDER An administrative complaint was ?led with the Disciplinary Subcommittee of the Board of Osteopathic Medicine and Surgery on February 4, 2009, charging Paul Howard Emerson, D.O. (Respondent), with having violated sections 16221(a), and of the Public Health Code, 1973 PA 368, as amended, MCL 333.1101 et seq. Based on the administrative complaint and after consultation with the Chairperson of the Board of Osteopathic Medicine and Surgery, the Department summarily suSpended Respondent's license to practice osteopathic medicine and surgery by order dated February 5, 2009. The parties have stipulated that the Disciplinary Subcommittee may enter this consent order. The Disciplinary Subcommittee has reviewed the stipulation contained in this document and agrees that the public interest is best served by resolution of the outstanding complaint. Therefore, the Disciplinary Subcommittee ?nds that the allegations of fact contained in the complaint are true and that Respondent has violated sections l6221(a), and of the Public Health Code. nun-lur- hill-J Accordingly, for these violations, IT IS ORDERED: The order of summary suspension previously issued is DISSOLVED. Respondent shall PERMANENTLY SURRENDER his license to practice osteopathic medicine and surgery to the Department. The license shall not be renewed, reinstated, reissued or reactivated, limited or otherwise, at any future date. Respondent shall PERMANENTLY SURRENDER to the Department his controlled substance license and his Drug Enforcement Administration (DEA) registration. The Department shall transmit the DEA registration to the DEA. Respondent shall not seek reinstatement, renewal, reissuance or reactivation of the controlled substance license or DEA registration at any future date. Respondent shall PERMANENTLY SURRENDER any license, registration or equivalent authorization to practice osteopathic medicine and surgery held in any other state. Respondent shall not seek reinstatement, renewal, reissuance or reactivation of the license, registration or authorization at any future date. Respondent shall not seek licensure, registration, or other authorization to practice osteopathic medicine and surgery in any other state. Respondent is currently subject to criminal prosecution arising out of the same facts as contained in the administrative complaint. On January 21, 2009, Respondent entered into a Rule 11 Plea Agreement under which he pled guilty to one count of Conspiracy to Distribute 2 .r?rv Controlled Substances and one count of Distribution of Controlled Substances resulting in Death. Respondent is scheduled to be convicted and sentenced on June 8, 2009. If Respondent is criminally convicted, the Department will not bring a new administrative complaint based on the conviction. This order shall not be modi?ed for any cause whatsoever. If Respondent violates any term or condition set forth in this order, Respondent will be in violation of 1996 AACS, 338.1632, and section 16221(h) of the Public Health Code. This order shall be effective on the date signed by the Chairperson of the Disciplinary Subcommittee or the Disciplinary Subcommittee?s authorized representative. as set forth below. 2009. Signed on 6?52 MICHIGAN BOARD OF OSTEOPATHIC MEDICINE AND SURGERY a ?ag? Chairperson, Disciplinary Subcommittee STIPULATION The parties stipulate as follows: 1. The facts alleged in the compiaint are true and constitute a violation of the Public Health Code. 1W 2. Respondent understands and intends that, by signing this stipulation, he is waiving the right under the Public Health Code, rules promulgated under the Public Health Code, and the Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.201 at seq, to require the Department to prove the charges set forth in the complaint by presentation of evidence and legal authority, and to present a defense to the charges before the Disciplinary Subcommittee or its authorized representative. Should the Disciplinary Subcommittee reject the proposed consent order, the parties reserve the right to proceed to hearing. 3. The Disciplinary Subcommittee may enter the above Consent Order, which is supported by Board conferee Douglas P. Vanator, D.O. Dr. Vanator or an attorney from the Licensing and Regulation Division may discuss this matter with the Disciplinary Subcommittee in order to recommend acceptance of this resolution. By signing this stipulation, the parties con?rm that they have read, understand and agree with the terms of the consent order. AGREED TO BY: AGREED TO BY: r? .7 kb?ce? 1 17"- Thomas P. Scallen (P22988) Pa?aLI/lbward Emerson, DO. Assistant Attorney General Respondent Attorney for Complainant Dated: ?7 Dated: (7,