New York State Board for Professional Medical Conduct 433 River Street, Suite 303 - Troy, New York 12180-2299 - (518) 402?08d?3 Kendrick A. Sears, MD. Richard F. Daines, M.D. Chair Commissioner Michael A. Gonzalez, R.P.A. NYS Department of Health 1 Vice Chair Keith W. Servis Director Ansel R. Marks, M.D., J.D. Of?ce of Professional Medical Conduct Executive Secretary July 30, 2007 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Milton R. Eichmann, MD. 1844 Country Road 488 Poplar Bluff, MO 63901 Re: License No. 148157 Dear Dr. Eichrnann: Enclosed is a copy of Order 07-160 of the New York State Board for Professional Medical Conduct. This order and any penalty provided therein goes into effect August 6, 2007. If the penalty imposed by this Order is a surrender, revocation or suspension, you are required to deliver your license and registration within five (5) days of receipt of this Order. If the document(s) are lost, misplaced or destroyed, you are required to submit to this of?ce an af?davit to that effect. Enclosed for your convenience is an af?davit. Please complete and sign the af?davit before a notary public and return it to: Of?ce of Professional Medical Conduct, New York State Department of Health, 433 River Street, Suite 303, Troy, NY 12180-2299 - Sincerely, Ansel R. Marks, M.D., J.D. Executive Secretary Board for Professional Medical Conduct Enclosure cc: Carolyn Shearer, Esq. Bond, Schoeneck King, LLP 111 Washington Avenue Albany, NY 12210 STATE OF NEW YORK DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER SURRENDER OF ORDER MILTON RANDOLPH EICHMANN, MD. BPMC No. #07?160 CO-06-1 1-6405-A MILTON RANDOLPH EICHMANN, M.D., representing that all of the following statements are true, deposes and says: That on or about October 30, 1981, was licensed to practice as a physician in the State of New York and issued License No. 148157 by the New York State Education Department. My current address is 1844 Country Road 488, Poplar Bluff, MO 63901. I understand that the New York State Board for Professional Medical Conduct has charged me with two (2) Speci?cations of professional misconduct. A copy of the Statement of Charges, marked as Exhibit is attached to and part of this Surrender of License. I am applying to the State Board for Professional Medical Conduct for permission to surrender my license as a physician in the State of New York on the grounds that I do not contest Factual Allegation A and 3(3) and the Second Speci?cation in full satisfaction of the charges against me. I ask the Board to accept the Surrender of my License. I understand that if the Board does not accept this Surrender, none of its terms shall bind me or constitute an admission of any of the acts of alleged misconduct; this application shall not be used against me in any way and shall be kept in strict confidence; and the Board's denial shall be without prejudice to the pending disciplinary proceeding and the Board's final determination pursuant to the Public Health Law. I agree that, if the Board accepts the Surrender of my License, the Chair of the Board shall issue a Surrender Order in accordance with its terms. I agree that this Order shall take effect upon its issuance by the Board, either by mailing of a copy of the Surrender Order by first class mail to me at the address in this Surrender of License, or to my attorney by certi?ed mail, OR upon facsimile transmission to me or my attorney, whichever is ?rst. The Order, this agreement, and all attached Exhibits shall be public documents, with only patient identities, if any, redacted. As public documents, they may be posted on the Department's website. I ask the Board to accept this Surrender of License, which I submit of my own free will and not under duress, compulsion or restraint. In consideration of the value to me of the Board's acceptance of this Surrender of License, allowing me to resolve this matter without the various risks and burdens of a hearing on the merits, knowingly waive my right to contest the Surrender Order for which I apply, whether administratively orjudicially, and I agree to be bound by the Surrender Order. I understand and agree that the attorney for the Department, the Director of the Office of Professional Medical Conduct and the Chair of the State Board for Professional Medical Conduct each retain complete discretion either to enter into the proposed agreement and Order, based upon my application, or to decline to do so. I further understand and agree that no prior or separate written or oral communication can limit that discretion. Date: ~i 3 2007 TON RANDOLPH EICHMANN, M.D. espondent The undersigned agree to Respondent's attached Surrender of License and to its proposed penalty, terms and conditions. Date: 1- .2007 (1 SHEAR Attorney for Resp dent Date: if ROB BOGA Assggi?a?te Counsm Bu au of Professional Medical Conduct Date: .2007 W. Director, Office of Professional Medical Conduct ORDER Upon the application of (Respondent), MILTON RANDOLPH EICHMANN, MD, to Sunender his license as a physician in the State of New York, which is made a part of this Surrender Order, it is ORDERED, that the Surrender, and its terms, are adopted and it is further ORDERED, that Respondent's name be stricken from the roster of physicians in the State of New York; it is further ORDERED, that this Order shall be effective upon issuance by the Board, either by mailing of a copy of this Surrender Order, either by first class mail to Respondent at the address in the attached Surrender Application or by certi?ed mail to Respondent's attomey, OR upon facsimile transmission to Respondent or Respondent's attomey, whichever is ?rst. SO ORDERED DATED: 7?9 7 .2007 KENDRICK A. SEARS, M.D. Chair State Board for Professional Medical Conduct STATE OF NEW YORK DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT THE MATTER STATEMENT OF OF MILTON RANDOLPH EICHMANN, M.D. CHARGES 00-06-11-6405-A MILTON RANDOLPH EICHMANN, M.D., Respondent, was authorized to practice medicine in New York state on October'30, 1981, by the issuance of license number 148157 by the New Yon< State Education Department. FACTUAL ALLEGATIONS A. I On or aboutEOctober 24, 2006, the State of Missouri, State Board of Registration for the Healing Arts (hereinafter ?Missouri Board?), by a Settlement Agreement (hereinafter ?Missouri Agreement?), placed Respondenth license to practice medicine on ?ve (5) years probation subject to restrictions and terms that include, inter alia, a restriction on the number of I hours he may work each week, that he undergo an evaluation-he successfully complete a boundary course and, ten (10) additional hours of CME on sexual history interviewing in the context of urology, and he have a female staff member (chaperone) present when providing services to a female patient, based on misconduct, unethical conduct and/or unprofessional conduct; conduct which might be harmful or dangerous to the physical health of a patient; and incompetency and/or gross negligence. B. The conduct resulting in the Missouri Board disciplinary action against Respondent would constitute misconduct under the laws of New York state, pursuant to the following sections of New York state law: 1. New York Education Law ?6530(4) (gross negligence); 2. New York Education Law ?6530(20) (moral un?tness); and/or 3. New York Education Law ?6530(31) (harassing, abusing, or intimidating a patient). SPECIFICATIONS FIRST SPECIFICATION Respondent violated New York Education Law ?6530(9)(b) by having been found guilty of improper professional practice or professional misconduct by a duly authorized professional disciplinary agency of another state where the conduct upon which the ?nding was based would, if committed in New York state, constitute professional misconduct under the laws of New York state, in that Petitioner charges: 1. The facts in Paragraph A and/or B. secono SPECIFICATION Respondent violated New York State Education Law ?6530 by having disciplinary action taken by a duly authorized professional disciplinary agency of another state, where the conduct resulting in the disciplinary action would, if committed in New York state, constitute professional misconduct under the laws of New York state, in that Petitioner charges: 2. The facts in Paragraphs A and/0r B. DATED: /7 2007 Albany, New York PETER D. VAN BUREN Deputy Counsel Bureau of Professional Medical Conduct LOUISIANA BOARD OF MEDICAL EXAMINERS 630 Camp Street. New Orleans, LA 70130 Mailing Address: Post Office Box 30250, New Orleans. LA 70190-0250 Department of Investigations Telephone: (504) 568-6820 FAX: (504) 558-5754 IN THE MATTER OF: No. 08-1-357 MILTON RANDOLPH EICI-IMANN, M.D. STIPULATION AND (Certi?cate No. 06248R), AGREEMENT FOR Respondent VOLUNTARY SURRENDER OF MEDICAL LICENSE This Stipulation and Agreement is made by Milton Randolph Eichmann, MD. Eichmann?), a physician who at all times material to the facts and matters alleged herein is licensed by the Louisiana State Board of Medical Examiners (the ?Board?) to engage in the practice of medicine in the state of Louisiana, as evidenced by Certi?cate No. 06248R. l. Acknowledgment and Stipulations. Dr. Eichmann hereby acknowledges, stipulates and agrees that: In 2008, following receipt of information indicating that Dr. Eichmann?s license to practice in Missouri was placed on probation for ?ve (5) years and that he surrendered his license to practice medicine in New York in the presence of administrative charges, Dr. Eichmann entered into a Consent Order with the Board in which he agreed to not practice in Louisiana until he satis?ed all terms and conditions imposed on his license by the Missouri Board, and that he immediately notify the Board?s compliance of?cer of any changes in the status of his Missouri license, as well as additional terms and conditions.l The Board has now received apparently reliable information that Dr. Eichmann was not in compliance with the probationary terms imposed upon him by the Missouri State Board of Registration for the Healing Arts, speci?cally the requirement that he have a female staff member ?(chaperon?) present on each and every? occasion that he renders professional services to a female patient. On or 1 Consent Order, In the Matter of Milton Randolph Eichmann, M.D., Cert. No. O6248R. No. 08-1-357, La. State Bd. Med. Exam. (Dec. 15, 2008). In the Matter of: Stipulation and Agreement for . Milton Randolph Eichmann M.D. Voluntary Surrender of Medical License Page 2 about August 23, 2013, Dr. Eichmann failed to have a chaperon present for the examination of a female patient. Subsequently, on April 1, 2014, by Settlement Agreement, Dr. Eichmann retired his Missouri license in lieu of ?irther discipline.2 - Based on the information gathered thus far regarding the incidents set forth hereinabove, the Investigating Of?cer believes sufficient cause exists to charge Dr. Eichmann with violation of the Louisiana Medical Practice Act.3 By law, pursuant to the Louisiana Medical Practice Act, La. Rev. Stat. ??37:1261, et seq., and the Louisiana Administrative Procedure Act, La. Rev. Stat. ??492951, et seq., Dr. Eichmann would be entitled, prior to ?nal disciplinary action against his medical license, to have notice of the allegations and charges asserted against him and to administrative adjudication of such charges, pursuant to La. Rev. Stat. ??49:951, et seq. At such hearing Dr. Eichmann would be entitled to be represented by legal counsel, to call witnesses, to present evidence on his own behalf in defense or in mitigation of the charges made, and to a decision thereon by the Board based upon written ?ndings of fact and conclusions of law, pursuant to La. Rev. Stat. ??49z951, et seq. 2. Voluntary Surrender of License. Notwithstanding his right to notice of formal charges, administrative hearing and a decision thereon, as provided by La. Rev. Stat. ??49z951 et seq., in recognition of the stipulations set forth hereinabove toward ?nal disposition of the investigation now pending in this matter and in lieu of the institution and prosecution of formal administrative proceedings, Dr. Eichmann, nonetheless, hereby waives his right to notice of charges and formal adjudication and voluntarily surrenders to the Board for cancellation of his license to practice medicine in this state, as evidenced by Certi?cate No. 06248R. By his subscription hereto, Dr. Eichmann also hereby authorizes the Investigating Of?cer designated by the Board with respect hereto to present this Stipulation to the Board for its consideration and to fully disclose to and discuss with the Board the nature and results of the investigation and he waives any objection to such disclosures under La. Rev. Stat. ?49z960. 3. Effect of Voluntary Surrender of License. Dr. Eichmann acknowledges, stipulates and agrees that the voluntary surrender of his medical license effected hereby in the presence of an administrative investigation shall have and shall be deemed by the Board to have, the same effect as if the Board had entered an order of revocation upon the conclusion of formal administrative proceedings. Dr. Eichmann further acknowledges, stipulates and agrees that as a 2 Settlement Agreement Between the Missouri State Board of Registration for the Healing Arts and Milton Eichmann, MD (April 1, 2014). 3 Pursuant to La. R.S. the Board may take action against the license of an individual as a result of (l 3) ?Unprofessional conduct,? (29) ?The refusal of a licensing authority of another state to issue or renew a license, permit, or certi?cate to practice medicine in that state or the revocation, suspension or other restriction imposed on a license, permit, or certi?cate issued by such licensing authority which prevents or restricts practice in that state . . (30) ?Violation of any rules and regulations of the board, or any provisions of this Part;? and/or ?Failure by a physician to self-report in writing to the board any personal action which constitutes a violation of this Part within thirty days of the occurrence.? In the Matter of: Stipulation and Agreement for Milton Randolph Eichmann, M.D. Voluntary Surrender of Medical License Page 3 result of the voluntary surrender of his medical license effected hereby he shall not have any right or entitlement to reinstatement or renewal of his license to practice medicine in the state of Louisiana nor shall he hereafter be entitled to apply for or otherwise attempt to obtain any original, reinstated or renewed license to practice medicine in this state. 4. Termination of Proceedings. By the voluntary surrender of his medical license, and the attendant dismissal of the investigation occasioned hereby, Dr. Eichmann, moreover, acknowledges, stipulates and agrees that he hereby waives any right to which he may be entitled pursuant to the Louisiana Administrative Procedure Act, La. Rev. Stat. ??49:951 et seq., or which otherwise may be afforded to him by law to contest his agreement to or the force and effect of this document in any court or other forum relating to the matters referred to herein. 5. Advice of Counsel. Dr. Eichmann acknowledges that he has had the opportunity to seek the advice and guidance of legal counsel with respect to this Stipulation and that all of the terms, conditions, restrictions and limitations contained herein have been explained to him and/or that he ?illy understands them. 6. Public Record. Dr. Eichmann acknowledges, stipulates, and agrees that this Stipulation and Agreement for Voluntary Surrender of Medical License shall be and shall be deemed to be a public record. Stipulation and Agreement allow on Next Page In the Matter of: Stipulation and Agreement for Milton Randol Eichmann M.D. Volunt Surrender of Medical License Pa 4 STIPULATION AND AGREEMENT STATE or mice I, MILTON RANDOLPH EICHMANN, M.D., hereby acknowledge, approve, accept, stipulate, agree and consent to entry of the above and foregoing this 1 day of 2014. M.D. WITNESSES: W/w armed ?aws? Signature Signature be!)sz Tntee gar/z Printed Name Printed Name 272? 77. WSW Elba 5? 7451/. th/wmd [Ste/7 Address Address Rap/at ,ma 03901 poplar BILL PF, M0 (123%! City/State/Zip Codi? Cit?/State/Zip Code . [Mat MM Sworn to and subscribed before me at ?7411?. . this day of I 2014, in the presence of the two stated witnesses. I Am [Lag Notary Public (Signature and Seal) Printed Name/Notary or Bar Number 0% - Nata of sea, for Butler My Commission Expires: October 06 017 In the Matter of: Stipulation and Agreement for Milton Randolph Eichmann, M.D. Volunt_ag Surrender of Medical License Page 5 ACCEPTANCE CONSIDERING THE ABOVE AND FOREGOING, the Stipulation and Agreement for Voluntary Surrender of Medical License is hereby APPROVED AND ACCEPTED by the Louisiana State Board of Medical Examiners, this Mday of 214%?! 2014, effective immediately. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS t? . BY: MARK H. DAWSON, M.D. PRESIDENT LOUISIANA STATE BOARD OF MEDICAL EXAMINERS 630 Camp Street, New Orleans, LA 70130 General Correspondence Address: PO. Box 30250, New Orleans, LA 70190-0250 Telephone: (504) 568-6820 Fax: (504) 568-5754 . . . . . No. 08?1?357 In The Matter Of CONSENT ORDER MILTON R. EICHMANN, M.D. (Certificate No. 06248R), . . . The above-entitled proceeding was docketed for investigation by the Louisiana State Board of Medical Examiners (the "Board") following receipt of information indicating that Dr. Eichmann?s license to practice in Missouri was placed on probation for ?ve years and that he surrendered his license to practice medicine in New York in the presence of administrative charges. Such information reveals, more particularly, that in October 2006 Dr. Eichrnann entered into a Settlement Agreement with the Missouri State Board of Registration for the Healing Arts (the ?Missouri Board?) placing his license to practice medicine in that state on probation for five (5) years, subject to terms, conditions and restrictions including, among others, a plan of practice approved by the Missouri Board restricting the number of hours he may work per week, an evaluation at a designated institution, completion of a boundary course and ten (10) additional hours of continuing medical education on sexual history interviewing in the context of urology, development and approval by the Missouri Board of a written protocol for interviewing patients regarding their sexual histories; and the presence of a female staff member (chaperone) when providing services to a female patient. The Agreement was in disposition of Dr. Eichmann?s alleged unethical and unprofessional conduct, which might be harmful or dangerous to the physical health of a patient, and incompetency and/or gross negligence, arising from his examination and treatment of a female patient.1 Further, such information reveals that during the year 2007 the New York State Board for Professional Medical Conduct (the ?New York Board?) asserted that the physician?s conduct in Missouri and resulting board action, provided cause for 1Settlement Agreement, Missouri State Board of Registration for the Healing Arts v, Milton R. Eichmann, MD. (Oct. 24, 2006). In the Matter of Milton R. Eichmann, MD. Consent Order Page 2 action against Dr. Eichmann?s license to practice in New York.2 Rather than contest these allegations Dr. Eichmann petitioned, and the New York Board agreed, to accept the surrender of his license to practice medicine in that state.) Investigation of the captioned matter was assigned to Cecilia Mouton, M.D., the Investigating Of?cer for the Board. Dr. Mouton?s review and analysis of the matter con?rms to her satisfaction that just cause exists for recommending that an Administrative Complaint be ?led against Dr. Eichmann, charging him with violation of the Louisiana Medical Practice Act (the "Act") pursuant to La. Rev. Stat. ?37:l285A(l3) and (29).4 On his own behalf Dr. Eichmann asserts that he entered the agreement with Missouri to avoid the expense of a hearing and with New York because he no longer intended to practice in that state. Further, while denying any violation of The Act as speci?ed herein or otherwise, Dr. Eichmann, nevertheless, acknowledges the substantial accuracy of the foregoing information and, further, that proof of such information upon administrative evidentiary hearing may establish grounds under the Act for the suspension, revocation, or such other action as the Board might deem appropriate against his license to practice medicine in the state of Louisiana, pursuant to La. Rev. Stat. ?37:1285A(l3) and (29). Recognizing his right to have not-ice of any allegation or charge asserted against him, to administrative adjudication of such allegation or charge pursuant to La. Rev. Stat. ??491951 et. seq. and to a subsequent ?nal decision rendered upon written ?ndings of fact and conclusions of law Dr. Eichmann, nonetheless, hereby waives his right to formal charges and formal adjudication and pursuant to La. Rev. Stat. consents to entry of the Order set forth hereinafter. By his subscription hereto Dr. Eichmann acknowledges that he hereby waives any right to which he may be entitled pursuant to the Louisiana Administrative Practice Act, La. Rev. Stat. ??4929Sl et. seq. or otherwise may be afforded to him by law to contest his agreement to or the force and effect of the Board's investigation or this document in any court. Dr. Eichmann, furthermore, hereby authorizes the Investigating Of?cer designated by the Board with respect hereto to present this Consent Order to the Board for its consideration and to fully disclose to and discuss with the Board the nature and results of the investigation and he waives any objection to such disclosures under La. Rev. Stat. ?492960. Dr. Eichmann expressly acknowledges that the disclosure of the information to the Board by the Investigating Of?cer shall be without prejudice to the Investigating Of?cer's authority to ?le a formal Administrative Complaint against him or to the Board?s capacity to adjudicate such Complaint should the Board decline to approve this {Statement of Charges, State of New York, Department of Health, State Board for Professional Medical Conduct, In the Matter ofMilton Randolph Eichmann, l-6405?A (Apr. 19, 2007). 3.S?urrender Order, State of New York, Department of Health, State Board for Professional Medical Conduct, In the Matter of Milton Randolph Eichmann, M.D., l-6405-A (July 27, 2007). 4The Board may take action against the license of an individual as a result of: '[U]nprofessional conduct,? La. Rev. Stat. ?37z or ?[T]he refusal of a licensing authority of another state to issue or renew a license, permit, or certi?cate to practice medicine in that state or the revocation, suspension, or other restriction imposed on a license, permit or certi?cate issued by such licensing anth?ority which prevents or restricts practice in that state, or the surrender of a license, permit, or certi?cate issued by another state when criminal or administrative charges are pending or threatened against the holder of such license, permit, or certi?cate.? La. Rev. Stat. In the Matter of Milton R. Eichmann, .D. Consent Order Page 3 Consent Order. Based upon the information provided, accordingly, and on the recommendation of the Investigating Officer the Board has concluded that its responsibility to insure the health, safety and welfare of the citizens of this state, pursuant to La. Rev. Stat. ?37:1261, will be effectively served by entry of the Order set forth hereinafter by consent. Accordingly, in consideration of the foregoing, and pursuant to the authority vested in the Board by La. Rev. Stat. ?3721285 and La. Rev. Stat. IT IS ORDERED that the license of Milton R. Eichmann, M.D., to engage in the practice of medicine in the state of Louisiana, as evidenced by Certi?cate No. 06248R, be and the same is hereby, as of the date of this Order, conditioned upon his acceptance of and strict compliance with the following terms, conditions and restrictions: 1. Practice in Louisiana. Dr. Eichmann shall not, until further written order of the Board, engage in the practice medicine in the state of Louisiana. Prerequisite to the issuance of such. an order Dr. Eichmann shall comply with paragraphs 2 and 3 of below. 2. Satisfaction of Terms and Conditions Imposed on His License by the Missouri Board. Dr. Eichrnann shall successfully complete each ofthe terms imposed upon his Missouri medical license by the 2006 Settlement Agreement he entered into with the Missouri Board and/or any subsequent order that may be issued by the Missouri Board, all of which are incorporated herein by reference. 3. Notice of Relocation to Louisiana and Personal Appearance Before Board. Following the satisfaction of the terms set forth in paragraph 2 above, in the event that Dr. Eichmann should ever decide to relocate to Louisiana for the purpose of practicing medicine he shall contact the Board at least sixty (60) days in advance of his return to Louisiana to arrange an appearance before the Board or its designee at its next regularly scheduled meeting. At such meeting Dr. Eichrnann shall demonstrate his compliance with the 2006 Settlement Agreement he entered into with the Missouri Board and this Order and he shall discuss with the Board his intended plans for the practice of medicine in this state. 4. Additional Probationary Terms. In addition to such other terms and conditions as are placed upon his Louisiana medical license by this Order, Dr. Eichmann hereby consents to, agrees with, and acquiesces in the imposition of any additional terms, conditions or restrictions, as well as the length and nature thereof that the Board, in its sole discretion, may then deem necessary or appropriate to impose upon his Louisiana license should he at any time in the future decide to relocate to this state for the purpose of practicing medicine. 5. Veri?cation of Compliance Of?cer. Dr. Eichmann shall immediately notify the Board's Compliance Officer of any change in the status of his Missouri license, as well as his current home and professional addresses and telephone numbers and he shall cooperate with the Compliance Officer on all matters or inquiries pertaining to ,the conditions of this Order. In the Matter of Milton R. Eiehmann. MD. Consent Order Page 4 IT IS FURTHER ORDERED that this Consent Order shall be, and shall be deemed to be, a public record. - Fw? A 1! fad-i; If; New Orleans, LouISIana, day of 2008? LOUISIANA STATE BOARD OF MEDICAL EXAMINERS 1' BY- a; ,l ?ing, 1 Kweli J. Arn'ulstg, MD. Acknowledgment and Consent Follows on Next Page In the Matter of Milton R. Eichmann, MD. Consent Order Page 5 STATE OF MISSOURI COUNTY or I mHer. ACKNOWLEDGMENT AND CONSENT I, MILTON R. EICH MANN, M.D., hereby acknowledge, approve, accept and consent to entry of the above and foregoing Order, this ?day of 2008. NE {42515223269 ,7 R. EICHMANN, MD. WITNESSES\vk?jt 3 Q3 YD Si ature Sighyture th?uc??; I I 'i I 5? ,5 ?.515: Typed Name Typed Name Omm??w Tart 5&9 are It LI 3? 35.15:. Address I Address IEEQIGLI H3 be) tic-=2 em We dity/State/Zip Code City)State/Zip Code ,7 A Sworn to and subscribed before me this day of 0 6? ?96 y? 2008, 1n the presence of the two stated Witnesses. Notary 7 Tris/1:3 (P6 L433 Printed Name Notary or Bar Number TIMOTHY PELUSO Notary Public - Notary Seat Butler County STATE OF MISSOURI #08600923 Commission Expires 7-16-2012 SETTLEMENT AGREEMENT BETWEEN THE MISSOURI STATE BOARD OF REGISTRATION FOR THE HEALING ARTS AND MILTON EICHMANN, M.D. Come now Milton Eichmann, M.D. (hereinafter ??Licensee?), and the State Board of Registration for the Healing Arts (hereinafter the ?Board?) and enter into this agreementfor the sole purpose of resolving the question of whether Milton Eichmann?s license as a physician and surgeon will be subject to discipline. Licensee and the Board jointly stipulate and agree that a ?nal disposition of this matter may be effectuated as described below pursuant to section 621.045, 1. Licensee acknowledges that he understands the various rights and privileges afforded by law, including the right to a hearing of the charges against him; the right to appear and be represented by legal counsel; the right to have all charges against him proven upon the record by competent and substantial evidence; the right to cross-examine any witnesses appearing at the hearing against him; the right to present evidence on his own behalf; the right to a decision based upon the record concerning the charges pending against the Licensee; and the right to present evidence in mitigation of discipline at a hearing before the Board. Having been advised of these rights provided to the Licensee by operation of law, the Licensee knowingly and voluntarily waives each and every one of I All statutory references are to the Revised Statutes of Missouri (2011) unless otherwise stated. these rights and freely enters into this agreement and agrees to abide by the terms of this document as they pertain to him. i 2. The Licensee acknowledges that he may, at the time this agreement is effective or within ?fteen days thereafter, submit this agreement to the Administrative Hearing Commission for determination that the facts agreed to by the parties constitute grounds for discipline of the Licensee's license. 3. The Licensee acknowledges that he has been informed of his right to consult legal counsel in this matter. 4. The parties stipulate and agree that the order agreed to by the Board and the Licensee in Part herein is based only on the agreement set out in Parts I and II herein. The Licensee understands that the Board may take further action against him based on facts or conduct not specifically mentioned in this document that are not known to the Board or may be discovered. 5. The Licensee understands and agrees that the Missouri State Board of Registration for the Healing Arts will maintain this agreement as an open record of the Board as required by Chapters 324, 334, and 610, and will report this agreement to the National Practitioner?s Data Bank (NPDB) and the Federation of State Medical Boards (FSMB). I I. JOINT STIPULATION 0F FACTS Based upon the foregoing, the Board and the Licensee herein jointly stipulate to the following: 6. The State Board of Registration for the Healing Arts is an agency of the State of Missouri created and established pursuant to section 334.120, for the purpose of executing and enforcing the provisions of Chapter 334, 7. The Licensee is licensed by the Board. as a physician and surgeon, License Number 2003 026717, which was ?rst issued on October 28, 2003. Licensee's license is current, and was current and active at all times relevant herein. 8. Licensee entered into a Settlement Agreement with the Board effective October 24, 2006. 9. On October 31, 2011, the Board issued a Disciplinary Order (hereinafter "the 2011 Order") publicly reprimanding Licensee?s license and placing Licensee?s license on probation for a period of three (3) years for Violating the Settlement Agreement dated October 24, 2006, pursuant to section 324.042, and section 334.1002, 10. On February 29, 2013, the Board issued a Disciplinary Order (hereinafter the ?2013 Order?) ?nding that Dr. Eichmann violated the 2011 Order and imposing additional terms of probation, pursuant to section 324.042, and section 334.1002, 11. According to paragraph 7 of the 2011 Order: During the disciplinary period, Licensee shall have a female staff member (?chaperon?) present on each and every occasion that Licensee renders professional services to a female patient, including but not limited to, during any examination or treatment of, or consultation with, a patient. The chaperon shall be present during the entire time that Licensee is rendering professional services. . . Licensee?s failure to either have a chaperon present during each and 3 12. every occasion that professional services are rendered to a patient, or to document the identi?cation of the chaperon as required, shall constitute a violation of this agreement, subjecting Licensee to further disciplinary action by this Board. Dr. Eichmann failed to have a chaperon present for the entirety of Patient 1?s examination on or about August 23, 2013. 13. The above constitutes cause to discipline Licensee?s license pursuant to . section 324.042, RSMO and section 14. II. JOINT CONCLUSIONS OF LAW Cause exists to discipline Licensee?s license pursuant to section 324.042, which states: 15. Any board, commission, or committee within the division of professional registration may impose additional discipline when it finds after hearing that a licensee, registrant, or permittee has violated any disciplinary terms previously imposed or agreed to pursuant to settlement. The board, commission, or committee may impose as additional discipline any discipline it would be authorized to impose in an initial disciplinary hearing. Cause exists to discipline Licensee?s license pursuant to section which states: 2. The board may cause a complaint to be ?led with the administrative hearing commission as provided by chapter 621 against any holder of any certi?cate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered the person's certi?cate of registration or authority, permit or license for any one or any combination of the following causes: Violating a probation agreement, order, or other settlement agreement with this board or any other licensing agency; 4 16. The Licensee's conduct, as established by the foregoing facts, falls within the intendrnents of section 334.1002, RSMO. I Cause exists for the Board to take disciplinary action against the Licensee?s license under section 334.1002, RSMO. I I JOINT AGREEMENT ON DISCIPLINE Based on the foregoing, the parties mutually agree and stipulate that the following shall constitute the disciplinary order entered by the Board in this matter under the authority of section 621.110 2000. This agreement, including the disciplinary order, will be effective immediately on the date entered and ?nalized by the Board. The following are the terms of the disciplinary order: 17. License number 2003026717, issued by the Board to the Licensee, is hereby RETIRED in lieu of further discipline. 18. Within ?fteen (15) days of the effective date of this agreement, the Licensee shall return his pocket card and license to the Board. 19. For purposes of this agreement, unless otherwise speci?ed in this agreement, all materials required to be submitted to the Board in this Order shall be forwarded to the State Board of Registration for the Healing Arts, Attention: Investigations, PO. Box 4, Jefferson City, Missouri 65102. 20. This agreement does not bind the Board or restrict the remedies available to it concerning any other violation of Chapter 334, by the Licensee not speci?cally mentioned in this document that are currently unknown to the Board. 21., Licensee hereby waives and releases the Board, its members, and any of its employees, agents, or attorneys, including any former Board members, employees, agents, and attorneys, of, or from, any liability, claim, actions, causes of action, fees, costs and expenses, and compensation, including, but not limited to any claims for attorney?s fees and ekpenses, including any claims pursuant to section 536.087, or any claim arising under 42 USC 1983, which may be based upon, arise out of, or relate to any of the matters raised in this agreement, or from the negotiation or execution of this agreement. The parties acknowledge that this paragraph is severable from the remaining portions of this agreement in that it survives in perpetuity even in the event that any court of law deems this agreement or any portion thereof void or unenforceable. LICENSEE BOARD 'censee Date Connie Clarkston Date Executive Director (Rina/wt?) Li] 11/ 141/ Date Sarah Schappe H) Date issouri Bar No. 87 "745/ General Counsel, MO Bar No. 52011 EFFECTIVE THIS 1% DAY or ,2014. BEFORE THE STATE BOARD OF REGISTRATTON 2003?0113892 FOR THE HEALING ARTS THE STATE BOARD OF FOR THE HEALTNG ARTS Petitioner, V. MILTON R. EICHMANN, M.D. Respondent. Case Ne.: IT IS HEREBY ORDERED that the restrictions placed on the license of Respondent Milton R. Eichrnann, M.D., pursuant to the Order of the State Board of Registration for the Healing Arts Regarding Issuance of a Restricted License to Milton R. Eichrnann, MD. dated October 28, 2003 (hereinafter ?the Order?), are terminated. All other restrictions or requirements placed on the license of Respondent pursuant to any settlement agreements or other orders of the Board of Registration for the Healing Arts remain in full force and effect. rd ,2013?rib 3 a??wamwwn Connie Clarkston Executive Director BEFORE THE STATE BOARD REGISTRATION FOR THE HEALING ARTS STATE OF MISSOURI STATE BOARD OF REGISTRATION FOR THE HEALING ARTS, Petitioner, v. Case Number 2012-002795 MILTON R. EICHMANN, M.D., Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The State Board of Registration for the Healing Arts (?Board?), pursuant to notice and at its regularly scheduled meeting on October 19, 2012, took up a complaint alleging Milton Eichmann, M.D., had violated his probation as previously imposed by the Board and was therefore subject to discipline pursuant to the terms of 324.042, The Complaint ?led on behalf of the Board on September 6, 2012, alleged that Dr. Eichmann violated the terms of the settlement agreement dated October 31, 2011, thereby giving cause for further disciplinary action. At the October 19, 2012 hearing, Dr. Eichmann was present and represented by legal counsel, Johnny Richardson. The Board was represented by Sarah Schappe. Earl Kraus acted as the Board?s legal advisor at the hearing, during deliberation, and in preparation of this order. Testimony was adduced, exhibits were received into evidence, and the argument of counsel was heard. The hearing record was left open, at the request of Dr. Eichmann, to allow the submission of additional exhibits consisting of reports All statutory references are to the Revised Statutes of Missouri, 2000, as amended, unless otherwise indicated. re?ecting Dr. Eichmann?s evaluation by Promises Treatment Center and by Acumen Institute, LLC. While both reports were subsequently received by Dr. Eichmann and the Board, Dr. Eichmann only offered the report from Acumen institute, LLC into evidence, and offered such report as a closed record as it contains protected health information and is a mental health record. Counsel for the Board raised no objection to the report from Acumen Institute, LLC being admitted into evidence as a closed record and offered the report from Promises Treatment Center to be admitted into evidence as a closed record, without objection. The Board admitted into evidence as closed records the reports from Promises Treatment Center and Acumen Institute, LLC. With the hearing record closed, the Board now enters its Findings of Facts, Conclusions of Law and Order that Dr. Eichmann?s license as a physician and surgeon is subject to additional discipline. FINDINGS OF FACT 1. The State Board of Registration for the Healing Arts is an agency of the State of Missouri created and established pursuant to 334.120, for the purpose of executing and enforcing the provisions of Chapter 334, 2. The Respondent, Milton Eichmann, M.D., is licensed by the Board as a physician and surgeon, license number 2003026717. This license was first issued on October 28, 2003. The Respondent?s license is current and active and was current and active at all times relevant herein. 3. On October 31, 2011, the Board issued a Findings of act, Conclusions of Law and Order (?2011 Order?) publicly reprimanding Respondent and placing Respondent on probation for a period of three (3) years for violating the Settlement Agreement dated October 24, 2006, pursuant to 334.042 and 334.1002, 2000. 4. The 201 1 Order provides, on page 3, paragraph 2: Within six (6) months of the effective date of this Agreement, the Respondent shall obtain a multi-disciplinary evaluation from a Board approved facility. A list of approved facilities may be found on the Board?s website at 5. The 2011 Order provides, on page 4, paragraph 3: Respondent shall cause the report and recommendations of the multi? disciplinary evaluation to be sent to the Board within thirty (30) days of its completion. 6. The 2011 Order provides, on page 4, paragraph 4: Licensee shall follow all recommendations of the multiudisoiplinary evaluation, beginning no later than nine (9) months from the date of this Agreement. 7. The 2011 Order provides, on page 4, paragraph 6: Respondent shall review his protocol for interviewing patients regarding their sexual histories and submit a copy for approval by the Board within thirty (30) days of this Order. Respondent shall adhere to the protocol throughout the disciplinary period. 8. The 201 1 Order provides, on page 5, paragraph 8: During the disciplinary period, Respondent shall comply with all provisions of Chapter (sic) 334 and 195 all regulations of the Board, all applicable federal and state drug laws, rules, and regulations and all federal and state laws. State here includes all states and territories of the United States. 9. Respondent admitted that he did not obtain an evaluation within the timeframe required in the 2011 Order. Respondent testified that he did attend a program, but that he discovered afterwards that the program was not approved by the Board as required. Following the October 19, 2012 hearing, Respondent submitted to the Board an evaluation report from Acumen Institute, LLC. Also following the October 19, 2012 hearing, Board counsel submitted an evaluation report from Promises Treatment Center. Both reports were admitted into evidence as closed records, without objection. 10. Respondent admitted that he did not provide a patient interviewing protocol Within the thirty (30) day timeframe required in the 2011 Order. Respondent has since provided to the Board such protocol, dated September 7, 2012. 11. Respondent testi?ed that his practice of slapping or rubbing a patient?s buttocks prior to administering an injection was to reduce pain associated with certain injections. Respondent testi?ed that he was taught this technique in 1972 and that this technique has been a part of his practice since then. Respondent testi?ed that there was nothing sexual about this technique. CONCLUSIONS OF LAW 12. Section 324.042, provides: Any board, commission, or committee within the division of professional registration may impose additional discipline when it ?nds after hearing that a licensee, registrant, or permittee has violated any disciplinary terms previously imposed or agreed to pursuant to settlement. The board, commission, or committee may impose as additional discipline any discipline it would be authorized to impose in an initial disciplinary hearing. 13. Respondent did not timely obtain a multi?disciplinary evaluation from a Board approved facility as required in the 201 1 Order. Accordingly, pursuant to 324.042, additional discipline may be imposed by the Board. 14. ReSpondent did not timely provide his patient interviewing protocol to the Board as required in the 2011 Order. Accordingly, pursuant to 324.042, additional discipline may be imposed by the Board. 15. While Respondent admitted to rubbing or slapping the buttocks of his patients when administering certain injections, there was no evidence presented at the hearing that such technique violated the 2011 Order; Chapter 334, or the regulations promulgated under Chapter 334, RSMO. Accordingly, there is no cause for the Board to impose additional discipline related to this allegation. 16. The Board has determined that this order is necessary to preserve the protection of the public. DISCIPLINARY ORDER 17. Having fully considered all evidence before the Board, it is the ORDER of the Board that Dr. Eichmann?s license as a physician and surgeon, license number 2003026717, issued by the Board to Dr. Eichmann shall remain on PROBATION as set forth in the 2011 Order, subject to all of the terms and conditions, and the. time period set forth in the 2011 Order, and with the additional terms and conditions as follows: a. Dr. Eichmann shall follow all recommendations within the evaluation report from Acumen institute, LLC, dated December 31, 2012, and all subsequent recommendations resulting from Dr. Eichmann?s ongoing evaluation or treatment through Acumen Institute, LLC. b. To the extent Dr. Eichmann is licensed in other jurisdictions, then Dr. Eichmann shall notify, in writing, the physician licensing authorities of those jurisdictions, within fifteen (15) days of the effective date of this Order, of Dr. Eichmann?s disciplinary status in Missouri. Dr. Eichinann shall forward a copy of this written notice to the Board contemporaneously with sending it to the relevant licensing authority. To the extent Dr. Eichmann is not licensed in other jurisdictions, Dr. Eiclnnann shall notify the Board of that fact in writing within fifteen (15) days of the effective date of this Order. 0. Dr. Eichmann shall notify, within fifteen (15) days of the effective date of this Order, all employers, hospitals, nursing homes, out- patient centers, clinics, and all other facilities where Dr. Eichmann practices or has privileges, of Dr. Eichmann?s disciplinary status. Dr. Eichmann shall notify any employer, hospital, nursing home, out?patient center, surgical center, clinic, and other facility that Dr. Eichmann obtains privileges at or begins practicing at during the course of this probation period of Dr. Eichmamr?s disciplinary status within fifteen (15) days of the granting of privileges or beginning of practice. Dr. Eichmann shall notify any allied health care professionals that Dr. Eichmann supervises during the probation period of the disciplinary action imposed. Notification shall be in writing and Dr. Eichmann shall, contemporaneously with the giving of such notice, submit a copy of the notice to the Board for verification by the Board or its designated representative. If Dr. Eichmann does not have an employer, does not have privileges or does not practice at any facility, Dr. Eichmann shall notify the Board of that fact in writing within fifteen (15) days of the loss of such employment, privileges or practice, or within ?fteen (15) days of the effective date of this Order, whichever is later. All conditions and terms, including the time period of probation, of the Board?s 201 1 Order are incorporated herein by reference and shall remain in effect as stated therein. SO ORDERED EFFECTIVE THIS OF FEBRUARY, 2013. BEFORE THE STATE ROAM) OF REGISTRATION FOR THE HEALING ARTS THE STATE BOARD OF REGISTRATION FOR THE HEALING ARTS Petitioner, v. Case No. 2010?0073 90 MILTON R. EICHMANN, MD Respondent. EINDGINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER The Missouri State Board of Registration for the Healing Arts, pursuant to notice and at its regularly scheduled meeting on October 21, 2011, took up a complaint alleging Milton R. Eichmann, MD. had violated his probation as previously imposed by the Board and was therefore subject to discipline pursuant to the terms of Section 324.042 and 334.1002 2000. The Complaint ?led on August 30, 2011, alleged that Dr. Eichmann violated the Settlement Agreement executed with the Board on October 24, 2006, thereby giving cause for further disciplinary action against his license. The Complaint speci?ed that Dr. Eichmann violated the Settlement Agreement by failing to use a chaperone when he saw female patients, having his privileges revoked by Poplar Bluff Regional Medical Center, and engaging in unprofessional conduct. The Board was represented by Nancy Skinner. Sarah Schappe, General Counsel to the Board, served as the Board?s legal advisor at the hearing, during deliberations and in preparing this order. Testimony was adduced, exhibits were received into evidence, and the argument of counsel was heard. The Board now enters its Finding of Facts, Conclusions of Law and Order publicly reprimanding Dr. Eichmann?s license and continuing the Probation for three (3) years. FINDINGS OF FACT 1. The State Board of Registration for the Healing Arts (hereinafter ?Board?) is an agency of the State of Missouri created and established pursuant to ?334.120 200, for the purpose of executing and enforcing the provisions of Chapter 334, 2. Respondent. Milton R. Eichmann, M.D., was licensed by the Board as a physician and surgeon, license number 2003026717. This license 'was ?rst issued on October 28, 2003. The license is current. 3. Respondent entered into a Settlement Agreement with the Board effective October 24, 2006 (?Settlement Agreement?). 4. Dr. Eichmann admitted that he did not always have a chaperone when he saw female patients in the hospital as required by paragraph 7 of the Settlement Agreement. 5. Dr. Eichmann?s privileges were revoked in a final disciplinary action by Poplar Bluff Regional Medical Center in violation of paragraph 8 of the Settlement Agreement. 6. Dr. Eichmann engaged in unprOfessional conduct when he'told a co?worker at the hospital that he would ?spank her? if she did not quit smoking and repeatedly called her to offer a job, despite the fact she showed no interest in the job in violation of paragraph 8 of the Settlement Agreement. This behavior was highly inappropriate. 7. Because of ongoing problems with the use of chaperones and inappropriate comments and behavior toward a female co?worker, the Board finds a public reprimand and an extension of probation and a requirement to get a multi?disciplinary evaluation is appropriate CONCLUSIONS OF LAW A. Dr. Eichmann is guilty of violating the terms of his probation and pursuant to the terms of ??324.042 and 334.1002 Dr. Eichmann is subject to discipline by the Board therefore. B. Under the provisions of 324.042 and 334.1002, 2000, probation and a public reprimand of a license are permitted as disciplinary actions by the Board in the present circumstances. C. Pursuant to 334.1005 RSMO an order of probation may not exceed ten (10) years. DISCIPLINARY ORDER Upon the foregoing ?ndings of fact and conclusions of law. it is the decision and order of the State Board of Registration for the Healing Arts that the physician?s license of Milton R. Eichmann. MD. be and is hereby PUBLICLY REPRIMANDED and placed on PROBATION for a period of three (3) years (hereinafter the ?disciplinary period?) 1. During the disciplinary period, the Respondent shall be entitled to engage in the practice of medicine under Chapter 334 RSMO, provided he adheres to the terms of this order. 2. Within six (6) months of the effective date of this Agreement, the Respondent shall obtain a multi?disciplinary evaluation from a Board approved facility. A list of approved facilities may be found on the Board?s website at . Respondent shall cause the report and recommendations of the multidisciplinary evaluation to be sent to the Board within thirty (30) days of its completion. . Licensee shall follow all recommendations of the multi?disciplinary evaluation, beginning no later than nine (9) months from the date of this Agreement. . Respondent shall continue to abide by the plan of practice submitted on October 20, 2006. . Respondent shall review his protocol for interviewing patients regarding their sexual histories and submit a copy for approval by the Board within thirty (3 0) days of this Order. Respondent shall adhere to the protocol throughout the disciplinary period. . During the disciplinary period, Respondent shall have a female staff member (?chaperone?) present on each and every occasion that Respondent renders professional services to a female patient, including, but not limited to, during any examination, treatment or consultation with a female patient. The chaperone shall be present during the entire time that Respondent is rendering professional services, including during surgery, pie-operative, and post?operative visits. This shall apply to any setting in which Respondent provides professional services to a patient, whether at his office, in a hospital, or in any other place whatsoever. Respondent shall identify in each patient?s office or hospital record, the identity of the chaperone for each and every occasion that professional services are rendered, and the chaperone shall then countersign the record next to that identification. Respondent?s failure to either have a chaperone present during each and every occasion that professional services are rendered to a female patient, or to document the identi?cation of the chaperone as required, shall constitute a Violation of this Order, subjecting Respondent to further disciplinary action by the Board. . During the disciplinary period, Respondent shall comply with all provisions of Chapter 334 and 195 all regulations of the Board, all applicable federal and state drug laws, rules, and regulations and all federal and state laws. State here includes all states and territories of the United States. . During the disciplinary period, ReSpondent shall keep the Board informed of his current work and home telephone numbers and addresses. Respondent shall notify the Board in writing within ten (10) days of any change in this information. 10. During the disciplinary period, Respondent shall timely renew his license and timely pay all fees required for licensing and comply with all other Board requirements necessary to maintain Respondent?s license in a current and active state. ll.During the disciplinary period, Respondent shall accept and comply with unannounced visits from the Board?s representatives to monitor his compliance with the terms and conditions of this Order. 12. During the disciplinary period, Respondent shall appear in person for interviews with the Board or its designee upon request. 13.ln the event Respondent should leave Missouri to reside or practice medicine outside the state during the disciplinary period, Respondent shall notify the Board 5 in writing of the dates of departure and return no later than ten (10) days before his departure. Furthermore, Respondent shall, no later than (10) days after the commencement of any residence or practice outside of this state, notify in writing the medical licensing authorities in the jurisdiction in which Respondent is residing or practicing of his status in Missouri. 14. Respondent shall notify, within ?fteen (15) days of the effective date of this Order, all hospitals, nursing homes, out-patient centers, surgical centers, clinics, and all other facilities where Respondent practices or has privileges of this Order. Respondent shall notify any hospital, nursing home, out-patient center, surgical center, clinic or other facility he obtains privileges at or begins practicing at during the course of this agreement of his disciplinary status within ?fteen (15) days of the granting of privileges or beginning of practice. The Respondent shall notify any physician assistants or other allied health care professionals he supervises during the disciplinary period of the disciplinary action imposed. Notification shall be in writing and the Respondent shall, contemporaneously with the giving of such notice, submit a copy of the notice to the Board for verification by the Board or its designated representative. If the Respondent does not have privileges or practice at any facility, he shall notify the Board of that fact in writing within ?fteen (15) days of the effective date of this Order. 8. For purposes of this Order, unless otherwise speci?ed, all reports, documentation, evaluations, notices, or other materials required to be submitted to the Board in this Order shall be forwarded to the Board of Registration for the Healing Arts, Attention: Investigations, PO Box 4, Jefferson City, MO 65102. SO ORDERED EFFECTIVE THIS DAY OE OCTOBER, 2911 mer War Tina Steinman, Executive Director State Board of Registration for the Healing Arts BEFORE THE STATE BOARD OF REGISTRATION FOR THE HEALING ARTS STATE BOARD OF REGISTRATION FOR THE HEALING ARTS, Board. Case No 2004-001086 MILTON RANDOLPH EICHMANN, Llcensee SETTLEMENT AGREEMENT Comes now Mllton Rudolph E1chmann, (Llcensee) and the State Board of for the Healmg Arts (the Board) and enter 1nto th1s Agreement for the purpose of resolvmg the questlon of whether L1censee's lICense as a phy51c1an or surgeon will be to d1sc1plme L1censee and the Board Jomtly st1pulate and agree that a ?nal d1sp031t10n of matter may be effectuated as below pursuant to ?621 045, l. Llcensee acknowledges that he understands the varlous r1ghts and pr1v11eges afforded by law, 1nclud1ng the r1ght to a hearmg of the charges agalnst Llcensee, the right to appear and be represented by legal counsel, the r1ght to have all charges agamst L1censee proven upon the record by competent and substantlal ev1dence, the right to cross-examme any wunesses appearmg at the hearlng agamst Llcensee, the r1ght to present ev1dence on Licensee's own behalf, the r1ght to a dec1310n based upon the record by a fair and impartial hearing concemmg the charges pendmg agamst L1censee, and subsequently, the right to a dlsc1plmary hearmg before the Board at Wthl?l tlme ev1dence may be presented in m1t1gat1on of d1sc1p11ne Havmg been adVISed of these r1ghts prov1ded L1censee by operation of law, L1censee and voluntarily waives each and every one of these rights and freely enters mto Agreement and agrees to ablde by the terms of document as they pertam to L1censee. 2 Licensee acknowledges that he may, at the time th1s Agreement IS effective or w1th1n ?fteen days thereafter, submlt Agreement to the Hearlng for deterrnmatlon that the facts agreed to by the part1es constitutes grounds for d1sc1p11ne of Licensee's llcense 3 Llcensee acknowledges that he has been informed of to consult legal counsel 1n matter. 4 The parties stlpulate and agree that the order agreed to by the Board and LICensee 1n Part II herein 15 based only on the Agreement set out 111 Part I herem L1censee understands that the Board may take further disc1plinary action agamst L1censee based on facts or conduct not spec1?cally ment1oned th1s document that are elther now known to the Board or may be dlscovered 5 L1censee understands and agrees that the State Board of Reg1strat1on for the Healmg Arts w111 mamtam thIS Agreement as an open record of the Board as requ1red by Chapters 334, 610, 620 and 621, as amended. 6 L1censee acknowledges that he has rece1ved a copy of the Investlgatlve report and other documents rehed upon by the Board 1n that there was cause for d1sc1phne, along crtatrons to law and/or regulanons the Board beheves was Vlolated I Based upon the foregomg, Board and Llcensee here1n 101ntly stlpulate to the followmg JOINT PROPOSED FINDINGS OF FACT 1 The State Board of Registranon for the Heallng Arts ("the Board") 15 an agency of the State of Mlssourl created and established pursuant to 334.120, for the purpose of executlng and the prowsrons of Chapter 334, RSMO 2 Llcensee lS hcensed by the Board as a phy31c1an and surgeon, llcense number 2003026717, was ?rst rssued, subject to restr1ctlon, on October 28, 2003. Llcensee?s cert1f'1cate of reg1strat10n 15 now current and act1ve, and was current and act1ve at all t1mes mentloned here1n The on L1censee?s hcense, as set forth 1n the Board?s Order of October 28, 2003 are st1ll 1n full force and effect 3. At all t1mes relevant here1n, L1censee pract1ced as a urologlst 1n and around Poplar Bluff, Mlssoun 4 On or about February 4. 2004. Dr John HOja, an in Poplar Bluff, M1ssour1, called Llcensee 1n to consult on the case of patient 5 was a 33-year-old female on whom Dr was performing surgery to remove scar t1ssue that had sustamed as the result of a sexual assault several months prlor 6. Dr called L1censee to examme TM ?s bladder because TM had complamed that she was havmg d1f?culty completely her bladder when she urinated. 7 ollowmg the February 4, 2004 surgery by Dr HOJEI, was Instructed to see L1censee 1n h1s of?ce for follow-up care 8 On or about February 1 l, 2004, went to L1censee?s of?ce for follow? up care for her continued d1f?culty w1th ur1nat1on 9 Durmg the February 11, 2004, of?ce v151t, L1censee began to ask TM questions about her sexuallty, including, but not l1m1ted to, the followmg A ?5 sexual or1entatlon, and, Whether was durlng sexual relatlons, and; Whether T.M. liked to be ur1nated on dunng sexual relattons, and, Whether l1ked to be tled up durmg sexual relat1ons, and, Whether was easdy stlmulated to orgasm and what type of stlmulatlon would best cause to orgasm, and, 17 Whether had ever engaged 1n sexual relatlons w1th more than one person at the same tlme, and, Whether T.M hked to be beaten or spanked durmg sexual relatlons. 10 Durlng the conversauon above, L1censee told that he was becomlng aroused 11 After 1nterrogat1ng TM about ?5 sexual and ?5 sex hfe smce her rape, L1censee adv1sed that he wanted to catheterize 1n order to evaluate her urlnary problem 12 When expressed reluctance to be cathetenzed, L1censee told that he knew she would do 1t because was a and wanted to please L1censee 13 As L1censee urged to undergo the catheter procedure, L1censee stood over who was seated, and put h1s groin area on ?s knee 14 L1censee told that she should do whatever L1censee asked, and agam asked what sort of st1mulat1on would cause to have an orgasm 15 L1censee then told that she was going to have an orgasm as he 1nserted the catheter, because It would please L1censee 16 Following th1s conversanon, L1censee d1rected to enter an exammatlon room and left of?ce qu1etly left M.?s of?ce through the back door and d1d not return 17 Llcensee?s conduct mlsconduct, unethical conduct and/or unprofessronal conduct 1n the performance of L1censee?s functrons or duties as a phySIClan and surgeon 18 Llcensee?s conduct const1tutes conduct be harm?Jl or dangerous or phy31cal health of a patient or the pub11c 19 L1censee?s conduct Incompetency and/or gross negllgence 1n the performance of the funct1ons and dutres of a phys1c1an and surgeon JOINT PROPOSED CONCLUSIONS OF LAW 1 Based on the foregomg, Llcensee's 11cense 15 subject to drsc1p11nary act10n pursuant to 334 100 2(4) and (5), wh1ch prov1des 2 The board may cause a complalnt to be ?led w1th the hear1ng comm1ss1on as prov1ded by chapter 621, aga1nst any holder of any cert1f1cate of or author1ty, permlt or 11cense requ1red by thIS chapter or any person who has faded to renew or has surrendered h1s of or authonty, permrt or 11cense for any one or any comb1nat1on of the followmg causes *ittllil! (4) M1sconduct, fraud, mlsrepresentatlon, dlshonesty, uneth1cal conduct or unprofessmnal conduct 1n the performance of the funct1ons or dut1es of any profession l1censed or regulated by th1s chapter, 1nclud1ng, but not to, the followmg (1) Exermsing in?uence w1th1n a phys1c1an-pat1ent relatlonship for purposes of engagmg a pat1ent 1n sexual act1v1ty, *acaac (5) Any conduct or practlce 18 or m1ght be harmful or dangerous to the mental or phys1cal health of a pat1ent or the publlc, or Incompetency, gross neg11gence or repeated neghgence 1n the performance of the functlons or dutles of any profess1on llcensed or regulated by th1s chapter. For the purposes of th1s subd1v1510n, "repeated negligence" means the fallure, on more than one occasmn, to use that degree of and leamlng ordlnarlly used under the same or 51m11ar Circumstances by the member of the or l1censee's profess1on, Llcensee's conduct, as estabhshed by the foregomg facts, falls within the mtendments of 334 100 2(4) and (5), Cause ex18ts for Board to take dtsc1pl1nary act1on agamst Llcensees' llcenses under Sectlon 334 100 2(4) and (5), 11 Based on the foregomg, the part1es mutually agree and stlpulate that the followmg shall constitute the dlsc1p11nary order entered by the State Board of for the Healmg Arts 1n matter under the authorlty of Section 621 110, 1994 Agreement w111 be effectlve immediately on the date entered and ?nahzed by the Board -7- A Effective the date the Board enters into the Agreement 1 The medical license, No 2003026717, Issued to Licensee is hereby placed on PROBATION for a period of ?ve years (the d13c1p11nary period) During Licensee's probation, Licensee shall be to engage in the practlce of medicme under Chapter 334, subject to all prevrously eXisting restrictions, prov1ded he adheres to all of the terms of this Agreement 2. Within thirty days of the effective date of this Agreement, Licensee shall submit to the Board for it?s approval a plan of practice by which Licensee is restricted to a maXimum number of hours of work per week Upon approval of the plan of practice, Licensee shall not work more hours than the amount set forth in the plan 3 Within thirty days of the effective date of this Agreement, Licensee shall, at Licensee's cost, undergo an evaluation by the Rush BehaVioral Health Center (?Rush?) or the Center for Personalized Education for Phy31c1ans Licensee shall direct Rush or CPEP to forward an evaluation report to the Board deta111ng the professional ?ndings~ diagnoses, prognosm, and recommendations Within ?fteen days of completing the evaluation Licensee shall follow all recommendations made by CPEP or Rush 4 Within ninety days of the effective date of this Agreement, Licensee shall attend and successfully complete a boundary course approved by the Board Licensee shall prov1de written documentation confirming Licensee's attendance and success?Jl completion Within 30 days of completing the course NOTE: The Board has received written documentation of Licensee?s attendance at a boundary course ?Professnonal Boundary Problems? on May 7-8, 2005 1n Atlanta, Georgia The Board accepts documentanon in full of the requ1rements of paragraph and agrees that Licensee need not attend an addmonal boundary course 5 During the perlod, L1censee shall complete ten add1t1onal hours of Category l/ll contmulng medical educatlon 1n to the hours requlred for renewal by the State Board ofReg1strat10n for the Healmg Arts mnety days of the effectrve date of Agreement Such courses shall include the following t0p1cs. sexual h1story intervrewmg 1n the context of urology L1censee shall prov1de proof of attendance at the requrred course or program for the requ1red perlod w1th1n days of completmg course or program 6. Withrn thirty days of completion of the contlnurng education course or program in apprOprlate sexual hlstory 1nterv1ew1ng, L1censee shall submlt to the Board for it?s a approval a written protocol for mterviewmg 1118 patients the1r sexual h1stor1es Upon approval of a protocol by the Board, L1censee shall adhere to the protocol when 1nterv1ewmg patlents about sexual history 7 Durlng the dlse1plrnary perlod, Llcensee shall have a female staff member (?chaperon?) present on each and every occa51on that L1censee renders professmnal serv1ces to a female pat1ent, 1nclud1ng, but not limited to, dur1ng any examinatlon or treatment of, or consultatlon w1th, a patient The chaperon shall be present during the entrre trme that L1censee 1s rendermg professronal serv1ces shall apply to any Wthl?l L1censee provrdes professronal servrces to a patient, whether at h1s of?ce, 1n a hospital. or 1n any other place whatsoever Licensee shall in each patrent's of?ce or hospital record, the 1dent1ty of the chaperon for each and every occas10n that professwnal serv1ces are rendered, and the chaperon shall then counterSIgn the record next to that 1dent1f1catron L1censee's fa11ure to e1ther have a chaperon present dunng each and every occasron that professronal servrces are rendered to a patient, or to document the 1dent1?catlon of the chaperon as requrred, shall a Violation of Agreement, sub ectmg L1censee to further actlon by the Board 8 Durmg the period, L1censee shall comply all provrsions of Chapters 334 and 19S, all the regulations of the Board, all apphcable federal and state drug laws, rules, and regulatrons, and all federal and state laws State here 1ncludes all states and of the Un1ted States 9 During the period, L1censee shall keep the Board informed of L1censee's current work and home telephone numbers and addresses L1censee shall not1fy the Board 1n ten days of any change 1n this mformation 10 Durrng the d13c1plrnary perrod, L1censee shall trmely renew his license and trmely pay all fees requrred for lrcensmg and comply with all other Board requ1rements necessary to mamtarn L1censee's llcense 1n a current and actrve state -10- 11 Dunng the disc1pl1nary perlod, L1censee shall accept and comply W1th unannounced v151ts from the Board's representatives to monitor compllance w1th the terms and of d1sc1phnary Agreement 12 During the period, L1censee shall appear in person for 1nterv1ews With the Board or 1ts de31gnee upon request 13 In the event L1censee should leave to re31de or pract1ce medlcme 0uts1de the state durlng the d1sc1phnary period, L1censee shall notlfy the Board 1n writing of the dates of departure and return no later than ten days before Licensee's departure Furthermore, L1censee shall, no later than ten days after the commencement of any re51dence or pract1ce outSIde state, notify 1n wr1t1ng the medlcal llcensing authorltles in the jurisd1ctlon 1n L1censee 1s re51d1ng or of Llcensee?s discipllnary status 1n Mlssourl l4 Llcensee shall notlfy, w1th1n ?fteen days of the effectlve date of ?ns Agreement, all hospitals, nursmg homes, out-patlent centers, surgical centers, and all other fac111t1es where L1censee pract1ces or has pr1v11eges of L1censee's dlsciphnary status L1censee shall notify any phys1c1an asmstants or other allied health care professronals she/he supermses of the dlscipllnary actlon 1mposed Noti?catlon shall be 1n wr1t1ng and L1censee shall, contemporaneously w1th the g1V1ng of such notice, submit a copy of the notlce to the Board for verl?catlon by the Board or 1ts demgnated representative 15 For purposes of Agreement, unless otherw1se spec1?ed 1n this Agreement, all reports, documentat1on, evaluations, notlces, or other mater1als requ1red to be subm1tted to the Board 1n this Agreement shall be forwarded to the State Board of Reg1strat10n for the Heahng Arts, Attention Investigations, Box 4, Jefferson C1ty, Mlssoun 65102 16 This Agreement does not b1nd the Board or restrict the remedies available to 1t eoncernmg any other Vlolatlon of Chapter 334, by L1censee not specn?cally mentloned 1n document Upon the exp1rat1on of the disc1pllnary penod, Lleensee's license shall be fully restored 1f all requlrements of law have been satis?ed, provided however, that (1) 1n the event the State Board of Registratlon for the Heallng Arts determmes that L1censee has V1olated any term or of th1s Agreement, the Board may 1n 1ts d1scret1on, vacate this Agreement and Impose such further d1sc1p11ne as the Board shall deem appropnate and (2) upon explratlon of the dlsc1p11nary period, the Imposed by the Board upon licensee?s med1cal hcense pursuant to the Board?s October 28, 2003 Order of the State Board of Reg1stratlon for the Healing Arts Regarding Issuance of a Restricted Llcense to M1lton Elchmann. shall remaln 1n full force and effect untll lifted by further order at the Board?s discretlon No order shall be entered by Board pursuant to the precedmg paragraph of thIS Agreement w1thout notice and an opportunlty for hearing before -12- Board as a contested case 1n accordance w1th the prov1s1ons of Chapter 536, If any alleged vrolatlon of Agreement occurred durmg the d1scip1inary period, the partles agree that the Board may choose to conduct a hearmg before it elther durmg the perlod, or as soon thereafter as a hearmg can be held, to deterrmne whether a Violatlon occurred and, 1f so, may 1mpose further dISCIplmary action L1censee agrees and stipulates that the Board has continuing to hold a hearmg to determme if a of this Agreement has occurred If the Board determmes that the L1censee has violated a term or eond1t1on of the perlod which Vlolatlon would also be actlonable a proceedmg before the Hearmg or 1n the elrcult court, the Board may elect to pursue any lawful remedles afforded 1t and IS not bound by Agreement 1n Its electlon of remedies concemmg that VlOl?thI?l L1censee hereby waves and releases the Board, its members and any of its employees, agents, or attorneys, meludmg any former Board members, employees, agents, and attorneys, of, or from, any 11ab111ty, cla1m, act1ons, causes of actlon, fees costs and expenses, and compensation, 1ncludmg, but not [Imited to any clalms for attorneys fees and expenses, mcludmg any clalms pursuant to ?536 087, or any cla1m under 42 USC 1983, may be based upon, ar1se out of, or relate to any of the matters ralsed 1n agreement, or from the negotlatlon or executlon of agreement The partles acknowledge that paragraph 15 severable from the remalnmg portions of -13- agreement in that 1t survwes 1n perpetu1ty even 1n the event that any court of law deems agreement or any portlon thereof v01d or unenforceable In cons1deratlon of the foregomg, the partles consent to the termmatlon of any further based upon the facts set forth here1n LICENSEE BOARD 4/6765 war F?hlton Elchmann, date Tlna Stelnman date Executlve D1rector JEREMIAH (JAY) NIXON Attorney General a 5i Wham Robce/ Attorney General Mlssourl Bar No 56718 Broadway State Of?ce Post Of?ce Box 899 Jefferson Clty, MO 65102 Telephone (573) 751-1143 Telefax (573) 751-5660 Attorney for Llcensee Attorneys for Board EFFECTIVE THIS DAY OF ,2015 -14- ORDER OF THE STATE BOARD OF REGISTRATION FOR THE HEALING ARTS REGARDING ISSUANCE OF A RESTRICTED LICENSE TO MILTON EICHMANN. Comes now the State Board for the Heallng Arts (heretna?er "Board") and hereby ISSUCS IIS ORDER granung a permanent heense subject to license no 2003026717, to R. Elehmann. (hereinafter "lZIehmann?). pursuant to the prov1s10ns of?334 100 l. As set forth ?334 100 l, the Board or Elehmann may submtt a request for a hearmg to the Admnustrauve l-learmg seeking revtew 01' the Board's to 135110 a restrtetcd lleense t0 Such request must be submitted to the l-Iearmg wuhm thirty (30) days oflssuanee ol'thls Order The request should be addressed to the Admuustrauve I-learmg l? Box 1557. 'l"ruman Bu11dmg Rm 604, Jefferson City, MO 65102- 1557 If no request for revrew lS by the Admuustrauve I-learmg the (30) day perlod. the r1 to seek revrew ol?the Board's deelsmn shall be consrdered as waived I STATEMENT OF FACTS AND BASIS FOR DECISION I The State Board for the Heahng Arts (heretna?er "Board") 15 an agency of the State ofMIssoun created and pursuant to the of 334 120. for the purpose ot?exeeutmg and enforcing the provlslons ol?Chapter 334: RSMO 2 Pursuant to the provrsrons of ?334 100 1, the Board hereby Issues 11cense no 2003026717 to Mllton E1chmann, Such IS to the set forth herem below 3 In June 1977. June 1980. and December 1980, Etchmann took the Federatlon Lleensmg (heremal?ter and faded Etchmann has faded the FLEX three tunes 4 Elchmann IS currently lrcenscd as a and surgeon 1n 1-.ou151ana 5 Etchmann has a prlmary specralty 1n Urology and a secondary specialty 1n emergency 6 Durmg the perlod 01' 1985 through 2002, eleven medlcal malpractice act1ons were agalnst Etchmann 1n Lomslana 7 Four of the medical malpractlce actions Inmated against Elchmann anOlVCd srtuatlons which he practrced below the accepted medleal standard of care 8 From 1990 to the present, Elchmann engaged In a very llmned Urology practtce 9 [Etchmann 1s scekmg M1ssour1 licensure to practlce Urology In Poplar Bluff, 10 Cause crusts for the Board to deny Etehmann?s request for a heense to practice the healing arts pursuant to the prov1s:ons of ?334 040 2, wluch provrdes 1n pertinent part The board shall not issue a permanent license as a physic1an and surgeon or allow the Missouri state board to be administered to any applicant who has failed to achteve a passing score three attempts on licensmg examinations administered in one or more states or territortes of the Umted States. the District of Columbia or Canada The Board may waive the prov1sions ol?this section if the applicant is licensed to practice as a plinieian and surgeon at another state of the nited States I 1 Cause crusts for the Board to deny Eichmann?s request for a license to practice the healing arts pursuant to the prov1s10ns of?334 100 and 2 (5), RSMO, which provides 1 The board may refuse to issue or renew any certrf'icatc of registration or authority. permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 ofthis section The board shall notify the applicant in writing of the reasons for the refusal and shall adVise the applicant of 1115 right to file a complaint with the hearing as pl?OVlded by chapter 621, As an alternative to a refusal to issue or renew any certi?cate. registration or authortty. the board may, at Its discretion, issue a license which is subject to probation, restriction or limitation to an applicant for licensurc for any one or any combinatlon of causes stated in subsection 2 of this section The board's order ol?probatton, limitation or restriction shall contain a statement of the diseiplinc imposed, the baSlS therefore, the date such action shall become el?lectrve, and a statement that the applicant has thirty days to request in writing a hearmg before the administrative hearing commissmn If the board issues a probationary, limited or restricted license to an applicant for licensure, either party may ?le a written petition the admmistrative hearing commission Within thirty days of the effectch date of the probationary, linuted or restricted license seeking review of the board's determination If no written request for a hearing is by the administrative hearing w1th1n the perlod, the right to seek rev1cw ol? the board's deelslon shall be eonstdered as walved 2 The board may cause a eomplamt to be ?led the hearmg as prowded by chapter 621, agamst any holder ol?any eertl?eate or authorlty, permlt or lteensc reqtnred by chapter or any person who has faded to renew or has surrendered certi?cate or authonty. pernut or for any one or any combination ofthe lbllowmg causes (5) Any conduct or practice wlneh IS or might be harmful or dangerous to the mental or health of a panent or the publlc. or meompeteney. gross negllgence or repeated negligence 1n the performance of the functions or dutles of any profess1on licensed or regulated by ehapter For the purposes of "repeated negligence" means the l?allure. on more than one oeeasmn, to use that degree of and leammg ordmarlly used under the same or smnlar elreumstanees by the member of the applicant's or lteensee's prol?essnon, l2 Etehmann?s conduct as set forth herem falls the mtendment of ?334 100 2(5) and 334 040 2, 13 The Board hereby Issues Elehmann a LICENSE 1n heu of denlal oflEIehmann?s request For a permanent license to practlce the heahng arts 1n Missourt [1 TERMS AND CONDITIONS 1 Lteense no 2003026717 IS hereby issued to the set forth below Etehmann shall be to engage the praetlce of medteme under Chapter 334, provtded he adheres to all of the terms Order a .-. Etchmann shall be allowed to Independently engage In the praetlee of medteme except tn followmg lmnted sntuattons a during the first ?ve nephreetomy cases that Etehmann performs after Order 15 entered, durmg the ?rst ?ve prostatectomy cases that litchmann performs after Order IS entered, durtng any urologtcal procedure that Elehmann has not prevrously performed In l?llS practtce ofmedleme, tfthat procedure occurs durm ?rst year of medteal practtce 1n 3 If Etehmann chooses to prov1de the prof ess1onal serv1ces set forth above 1n Paragraph 2(a) through [Etehmann must be directly supervrsed by a Board approved proctor on each and every oceasron that Etchmann renders the professronal Etchmann?s proctor shall be present durmg the entirety of each such professmnal servlee 4 At least days prtor to Etchman?s ofa servtce outhned above at Paragraph 2(a) through shall submtt to the Board for prior approval a proposed proctor to supervrse Etchman?s provrston of each semee Each proctor proposal shall be made by lEtehmann 1n to the Board, and each shall set forth the quah?eattons that make the proposed proctor an approprtate candtdate to supervrse the professronal serv1ee, contact Informatton for the preposed proctor meludmg address and telephone number, all known dates that the professronal servree or servrces occur. the location that the professronal servtee or serv1ces occur and any other ml'ormatton relevant to the Board?s approval of the proposed proctor 5 Etchmann shall cause a report from each and every Board approved proctor to be forwarded to the Board every 51x months Each such report shall be forwarded to the Board no later than February 15 of each year and August 15 of each year Each such report shall provrde a) a ba51e overwew and of each professronal serv1ce that the proctor supervrsed, Including the date. locatton and nature of the procedure, b) a descriptlon of any 0r comphcatrons occurred durtng, or resulted from. the professronal servrce. e) the proctor?s optnlon and appratsal of performance durmg the supervrsed professronal serwec, and d) the proctor?s opmton as to whether Etchmann should be allowed to perform such professronal servuce 1ndepcndently the future It ts litehmann?s to ensure that the proctor reports are ttmely 6 For purposes of this Order, unless speet ?ed 1n ll?IlS Order, all reports, documentauon. evalttattons, nottces, or other matertals requtrcd to be to the Board In [1118 Order shall be forwarded to the State Board of for the Hcahng Arts, Attentlon Investtgatlons, Box 4, Jefferson City, 65102 7 Order does not the Board or the remedies available to It concerning any other vrolalron of Chapter 334, by Etchmann not spott?cally mentioned ?113 document SO ORDERED EFFECTIVE THIS 28?? DAY OF October, 2003 'l'ma Sletnman, EXCCUUVC Dlrector State Board of for the l-lealmg Arts