BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 16-2003-147634 DONALD E. RUSSELL, M.D. DEFAULT DECISION Physician and Surgeon?s Certi?cate No. G58657 Respondent. On or about July 28, 2003, an employee of the Medical Board of California (hereinafter ?Board?) sent by certi?ed mail a copy of Accusation No. 16?2003?147634, Statement to Respondent, Notice of Defense in blank, copies of the relevant sections of the California Administrative Procedure Act as required by sections 11503 and 11505 of the Government Code, and a request for discovery, to Donald E. Russell, M.D. (hereinafter ?respondent?) at his address of record with the Board, PO. Box 1283, Fort Benton, MT 59442. The certi?ed mail receipt was signed and returned, showing service on respondent. (Attached hereto as Exhibit 1 are copies of the documents served, the declaration of service by certi?ed mail, and certi?ed mail receipt.) Respondent failed to ?le a Notice of Defense within 15 days after service of the accusation as allowed by section 11506 of the Govemment Code. On October 6, 2003, an employee of the Attorney General?s Of?ce sent by certi?ed and regular mail addressed to respondent at his address of record, a courtesy Notice of Default, advising respondent of the service of the Accusation, and providing him with an opportunity to request relief from default. The green certi?ed mail receipt was signed and returned, with a notation that delivery was to a different address, PO. Box 909, Great Falls, MT 59403. (Attached hereto as Exhibit 2 are copies of the Notice of Default, the declaration of service thereof and the certi?ed mail receipt.) Respondent has not ?led a Notice of Defense. As a result, respondent has waived his right to a hearing on the merits to contest the allegations contained in the Accusation. The Division of Medical Quality now proceeds to take action based upon the Accusation, declarations and documentary evidence on ?le in accordance with Government Code sections 11505(a) and 1 1520. FINDINGS OF FACT 1. Ronald Joseph is the Executive Director of the Medical Board of California and brought the charges and allegations in the accusation solely in his of?cial capacity. 11. On or about September 15, 1986, Physician and Surgeon's Certi?cate No. GS 8657 was issued by the Board to respondent. Said certi?cate has an expiration date of September 30, 2004, and was suspended on July 8, 2003 pursuant to Business and Professions Code section 2310(a.) 111. On July 28, 2003, an Accusation was ?led by the Board alleging causes for discipline against respondent. Exhibit 1 hereto is a true and correct copy of the Accusation. The Accusation and accompanying documents were duly served on respondent. Respondent failed to ?le a Notice of Defense. IV. The allegations of the accusation are true as follows: On or about May 27, 2003, the Board of Medical Examiners of the State of Montana issued a Notice of Summary Suspension, Notice of Proposed Board Action and Opportunity for Hearing regarding respondent?s license to practice medicine in Montana. The suspension was based on allegations that respondent engaged in sexual intercourse with two female patients, both in their eighties. One of the women had a history of cardiovascular accidents, and most probably suffers some dementia secondary to the Health Department records revealed that respondent had contracted a sexually transmitted disease, and that he provided the names of both of the patients 2 persons with whom he had sexual contact. The Notice of Summary Suspension, Notice of Proposed Board Action and Opportunity for Hearing issue by the Board of Medical Examiners, State of Montana are attached to the Accusation, Exhibit 1 hereto. DETERMINATION OF ISSUES 1. Pursuant to the foregoing Findings of Fact, respondent?s conduct constitutes unprofessional conduct within the meaning of Business and Processions Code section 2305 and is conduct subject to discipline within the meaning of section 141(3). DISCIPLINARY ORDER Physician and Surgeon?s certi?cate No. GS 8657 issued to Donald E. Russell, MD. is hereby REVOKED. Respondent shall not be deprived of making a request for relief from default as set forth in Government Code section 11520(c) for good cause shown. However, such showing must be made in writing by way of a motion to vacate the default decision and directed to the Division of Medical Quality, Medical Board of California at 1426 Howe Avenue, Sacramento, CA 95825 within seven (7) days of the service of this Decision. This Decision will be come effective at 5:00 P-m- at, January 7, 2004 DATED: December 8g1 2003 MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA B. Mar/?e Ronalld Wender',? 11.13., Chair, Panel Division of Medical Quality 2'7 FILED - STATE or CALIFORNIA BILL LOCKYER, Attorney General MEDICAL 30 0 OF CALIFORNIA ofthe State of California SAC MENTO 272023 JANE ZACK SIMON BY 7/ m. Deputy Attorney General 116564] NALYST 455 Golden Gate Avenue, Suite 11000 San Francisco, California 94102 Telephone: (415) 703?5544 Facsimile: (415) 703-5480 Attorneys for Complainant BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 16-2003-147634 DONALD E. RUSSELL, MD. 700 Hankins Drive PO. Box 1283 Fort Benton, MT 59442 ACCUSATION Physician and Surgeon's Certi?cate No. GS 8657 Respondent. The Complainant alleges: PARTIES 1. Complainant, Ronald Joseph, is the Executive Director of the Medical Board of California (hereinafter the "Board") and brings this accusation solely in his of?cial capacity. 2. On or September 15, 1986, Physician and Surgeon?s Certi?cate No. G58657 was issued by the Board to Donald E. Russell M.D. (hereinafter "respondent"). Said certi?cate will expire on September 30, 2004, and was SUSPENDED on July 8, 2003 pursuant to Business and Professions Code section 2310(a). JURISDICTION 3. This accusation is brought before the Division of Medical Quality of the Medical Board of California, Department of Consumer Affairs (hereinafter the "Division"), under the authority of the following sections of the California Business and Professions Code (hereinafter "Code") and/or other relevant statutory enactmentSection 2227 of the Code provides in part that the Board may revoke, suspend for a period of not to exceed one year, or place on probation, the license of any licensee who has been found guilty under the Medical Practice Act, and may recover the costs of probation monitoring if probation is imposed. B. Section 125.3 of the Code provides, in part, that the Board may request the administrative law judge to direct any licentiate found to have committed a violation or Violations of the licensing act, to pay the Board a sum not to exceed the reasonable costs of the investigation and enforcement of the case. C. Section 2305 of the Code provides, in part, that revocation, suspension, or other discipline, restriction or limitation imposed by another state upon a license to practice medicine issued by that state, that would have been grounds for discipline in California under the Medical Practice Act, constitutes grounds for discipline for unprofessional conduct. D. Section 141 of the Code provides: For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action by the respective state licensing board. A certi?ed copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or another country shall be conclusive evidence of the events related therein. E. Section 14124.12(a) of the Welfare Institutions Code provides in pertinent part that upon written notice of the Medical Board of California a physician and surgeon's medical license has been placed on probation as a result of a disciplinary action, no Medi-Cal claim for the type of surgical service or invasive procedure giving rise to the probationary order and performed on or after the effective date of said probationary order or during the period of probation shall be reimbursed, except upon a prior determination that compelling circumstances warrant the continuance of reimbursement during the probationary period for procedures other than those giving rise to the probationary order. 4. Respondent is subject to discipline within the meaning of section 141 and is guilty of unprofessional conduct within the meaning of section 2305 as more particularly set forth herein below. FIRST CAUSE FOR DISCIPLINE (Discipline, Restriction, or Limitation Imposed By Another State) 5. On or about May 27, 2003 the Board of Medical Examiners of the State of Montana issued a Notice of Summary Suspension, Notice of Proposed Board Action and Opportunity for Hearing regarding respondent?s license to practice medicine in Montana. The suspension was based on allegations that respondent engaged in sexual intercourse with two female patients, both in their eighties. One of the women had a history of cardiovascular accidents, and most probably suffers some dementia secondary to the Health Department records revealed that respondent had contracted a sexually transmitted disease, and that he provided the names of both of the patients as persons with whom he had sexual contact. Attached as Exhibit A is a true and correct copy of the Notice of Summary Suspension, Notice of Proposed Board Action and Opportunity for Hearing issued by the Board of Medical Examiners, State of Montana. 6. The discipline imposed by the Board of Medical Examiner, State of Montana constitutes a violation of section 141 and unprofessional conduct within the meaning of Code section 2305. 2'7 PRAYER WHEREFORE, the complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Division issue a decision: 1. Revoking or suspending Physician and Surgeon's Certi?cate Number G58657 heretofore issued to respondent Donald E. Russell, 2. Revoking, suspending or denying approval of the respondent's authority to supervise physician assistants; 3. Ordering respondent to pay the Division the actual and reasonable costs of the investigation and enforcement of this case and to pay the costs of probation monitoring upon order of the Division; and 4. Taking such other and further action as the Division deems necessary and proper. DATED: Juli,r 28, 2003 RONALD Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant Exhibit A Gene Allison DEPARTMENT OF LABOR INDUSTRY Of?ce of Legal Services 301 South Park Avenue, PO. Box 200513 i Helena, MT 59620-0513 Phone: (406)841-2317 BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA - IN THE MATTER OF THE DISCIPLINARY Docket No. CC-03-0288-MED TREATMENT OF THE LICENSE OF Donald Eugene Russell. . NOTICE OF SUMMARY SUSPENSION, NOTICE OF PROPOSED BOARD ACTION License No. 7656 AND OPPORTUNITY FOR HEARING TO: Donald Eugene Russell c/o Lee Leveque 410 Central Ave, Suite 515 PO BOX 909 Great Falls, MT 59403-0909 PLEASE TAICE NOTICE THAT: The Screening Panel of the Board of Medical Examiners of the State of Montana (Screening Panel) has considered the complaints against you in case numbers 2003-079-MED and Subsequently, the Screening Panel voted that the disciplinary actions indicate violations of Title 37, Chapter 1 and Chapter 3 of Montana Code Annotated and Administrative Rules of Montana Title 24, Chapter 156, Sub?Chapter 6. The Screening Panel met to review all documentation regarding the above disciplinary Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. ORIGINAL 10actions and'found reasonable cause to believe that you have violated a statute or'rule justifying disciplinary sanctions to be imposed against your Montana license. The Board has such authority pursuant to Montana Code Annotated ??37-l?307 and 37-1?316 and ARM 24.156.625. ALLEGED VIOLATIONS The Screening Panel has reason to believe that you committed the following violations: MCA and ARM (15), a (22). The following is unprofessional conduct for a licensee or license applicant: Violation of 837?1?316 Mont. Code Ann.?Unprofessional Conduct. - Engaging in conduct that does not meet the generally accepted standards of practice, in violation of ?37?1?3l6(l 8) Mont. Code Ann. Violations of ARM 24.156.625?Unprofessional Conduct. - Engaging in conduct likely to deceive, defraud 0r harm the public in violation of ARM - Commission of an act of sexual abuse, misconduct or exploitation related to the licensee's practice of medicine in violation of ARM and Committing an act, whether speci?cally enumerated or not, that in fact constitutes unprofessional conduct in violation of ARM THEREFORE, pursuant to Montana Code Annotated ?37-1?307, the Board proposes to impose against you one or more of the sanctions authorized under Montana Code Annotated ?37-1?312. ADDITIONALLY, YOUR LICENSE ISSUMMARILY I SUSPENDED PENDING RESOLUTION OF THIS MATTER. The Screening Panel has recommended that your license be revoked pursuant to ?37?1?312 Mont. Code Ann. PLEASE NOTE: The Adjudication Panel of the Board of Medical Examiners will determine the sanction in this case. The Adjudication Panel is not obligated to Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. follow the recommendation of the Screening Panel. The Adjudication Panel may impose a sanction that? is more or less severe than that recommended by the Screening Panel. REASONS FOR ACTION There is reasonable cause to believe that the following assertions will be proven and will justify the imposition of sanctions against your license. FACTUAL ASSERTIONS 1. At all times relevant to these proceedings, you held Montana Medical License no. 7656. 2. On or aboutMay 6, 2003, the Montana Board of Medical Examiners received a complaint from a doctor in Fort Benton, Montana. The complaining doctor provided the following information in a written complaint: 3. Patient Jane Doe, 84 years of age, presented to the complaining doctor?s of?ce on May 1, 2003. She asked to be examined and tested for sexually transmitted diseases 4. Patient Jane Doe told the complaining doctor that she had unprotected sexual intercourse with Donald Russell, MD. in his of?ce. Patient Jane Doe contended the incident had occurred approximately two weeks prior. Patient Jane Doe also informed him she gets confused about dates. 5. The complaining doctor stated Patient Jane Doe has a history of cardiovascular accidents and most probably suffers some dementia secondary to the The Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. complaining doctor said Patient Jane Doe probably experiences some lapses in her ability to remember times and dates. 6. Patient Jane Doe told the complaining Doctor there was no anal or oral penetration, only vaginal sex. Patient Jane Doe contended again the incident occurred in Dr. Russell?s of?ce. 7. The complaining doctor stated Patient Jane Doe reported feeling somewhat melancholy about the incident, but did not feel she needed medications or counseling. 8. The complaining doctor stated he had reported the information to the local police as well as amin and Elder Abuse Services. 9. Records from the Montana Twelfth Judicial District Court, Choteau County, indicate Dr. Russell was charged with three felony counts of sexual assaultfor a separate incident involving sexual abuse of children. 10. The case was assigned to Investigator Brent Jones. Investigator Jones interviewed the complaining doctor on May 8, 2003. During the interview Jones and the doctor reviewed the information contained in the doctor?s?written complaint and he provided the following additional information: 11. The complaining doctor said he thought possibly Patient Jane Doe had confused. a vaginal exam with sexual misconduct. Therefore, he showed Patient. Jane Doe a vaginal speculum, light and swabs, and asked her if a tray containing such instruments was present during her visit with Dr. Russell. Patient Jane Doe told him there was no such tray or instruments present. 12. Patient Jane Doe did not indicate there had ever been another incident of sexual Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. intercourse?with Dr. Russell. 13. Investigator Jones interviewed Patient Jane Doe on March 8, 2003. Investigator - Jones asked if she would talk with him about the incident she had described to the complaining doctor. Patient Jane Doe responded that she wouldn?t talk with him because-it was a very personal matter. Jones asked if she would just con?rm if the incident happened as she described to the complaining doctor. Patient Jane Doe said 'yes', the incident did occur as she had described to the complaining doctor. Patient Jane Doe commented that she knew Dr. Russell loved his wife and thought he had gone back to her. 14. After receiving the information about Patient Jane Doe requesting examination for and having sexual intercourse with Dr. Russell, Investigator Jones contacted the Choteau County Health Department seeking information about the possibility of Dr. Russell reporting an STD infection and disclosing his sexual contacts. 3 15. The Choteau County Health Department con?rmed they had received information that Dr. Russell contracted an STD. They were also given the names of four female subjects with which Dr. Russell was supposed to have had sexual contact. 16. Patient Jane Doe was one of the four subjects identi?ed to the Choteau County Health Department. 17. Another female subject reported as having had sexual contact with Dr. Russell was Mary Doe. Mary Doe is also a'woman in her eighties. 18. Copies of patient scheduling for the practice of Dr. Donald?Russell, were received by Investigator Jones on May 8, 2003. Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. review of Dr. Russell?s scheduling records received on May 8, 2003, indicates that both Jane Doe and Mary Doe were patients of Dr. Russell. 20. It is undetermined at this time if the other two female subjects identi?ed to the Choteau County Health Department were patients of Dr. Russell. 21. Due to the nature and circumstances of the factual assertions set forth above, the Screening Panel of the Board of Medical Examiners made a ?nding that public health, safety, or welfare imperatively required emergency action and that summary suspension of your license be ordered pending these proceedings. 22. Accordingly, the Screening Panel of the Board of Medical Examiners directed that this formal Notice of Summary Suspension, Notice of Proposed Board Action and Opportunity for Hearing be served upon you pursuant to Mont. Code Ann. ?37-l-309. ASSERTIONS OF LAW The following is unprofessional conduct for a licensee or license applicant: 1. Mont. Code Ann. de?nes unprofessional conduct as conduct that does not meet the generally accepted standards of practice. 2. - Admin. R. Mont 24.156625 (3), de?nes unprofessional conduct as engaging in conduct likely to deceive, defraud or harm the public; 3. - Admin. R. Mont 24.156.625 (15), de?nes unprofessional conduct as commission of 7 an act of sexual abuse, misconduct or exploitation related to the licensee's practice of medicine; 4. - Admin. R. Mont 24.156.625 (22), de?nes unprofessional conduct as committing an act, whether Speci?cally enumerated or not, that in fact constitutes unprofessional conduct. Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. The assertions of fact made above demonstrate that Donald Eugene Russell, violated the above provisions of Law and Rule, namely MontanaCode Ann.?? 37?1?316(18) and ARM 241566256), (15), (22). 6. As a result of the above information and an investigation into the allegations, the Board?s Screening Panel heard the above matter, determined that there is reasonable cause to believe that you have violated a statute or rule justifying disciplinary sanctions to be imposed against your Montana license and so moved to serve you this formal Notice of Summary Suspension, Notice of Proposed Board Action and Opportunilyfor Hearing. SUMMARY SUSPENSION ORDER Pursuant to Mont. Code Ann. the SCREENING PANEL OF THE BOARD HEREBY FINDS, based on its reasonable cause finding on the allegations above, determines that the public health, safety and welfare requires immediate action in this matter, and: IT IS THEREFORE ORDERED that the license of Donald Eugene Russell to practice in the state of Montana be immediately and summarily suspended for an inde?nite period of time pending further investigative and disciplinary proceedings. Pursuant to Mont. Code Ann. ?37fl--312 (4), any and all documentation of licensure must be returned to the Board of Medical Examiners in person or by mail, to the Board Within 24 hours of receiving this suspension notice. Documents may be mailed to the Board at the following address: Montana Department of Labor and Industry Board of Medical Examiners 301 South Park Avenue Box 200513 Helena MT 59620-0513 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. UNIFORM PROFESSIONAL LICENSING REGULATION PROCEDURE You are advised that the law provides: MCA 37?1?309. Notice -- request for hearing. (1) If a reasonable cause determination is made pursuant to 37?1?307 that a violation of this part has occurred, a notice must be prepared by department legal staff and served on the alleged violator. The notice may be served by certi?ed mail to the current address on ?le with the board or by other means authorized by the Montana Rules of Civil Procedure. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board?s screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated. (2) current address and any change of address within 30 days of the change. A licensee or license applicant shall give the board the licensee?s or applicant?s (3) The notice must State that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and received in the of?ces of the department Within 20 days after the licensee?s receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the board may enter a decision on the basis of the facts available to it. MCA 37?1612. Sanctions -- stav --costs ?-stinulations. (1) Upon a decision that a licensee or license applicant has violated this part or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (3), the board may issue an order providing for one or any combination of the following sanctions: Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. revocation of the license; suspension of the license for a ?xed or inde?nite term; restriction or limitation of the practice; satisfactory completion of a speci?c program of remedial education or treatment; monitoring of the practice by a supervisor approved by the disciplining authority; censure or reprimand, either public or private, compliance with conditions of probation for a designated period of time; payment of a ?ne not to exceed $1,000 for each violation. Fines must be deposited in the state general fund. denial ofa license application; . refund of and fees billed to and collected from a consumer. (2) A sanction may be totally or partly stayed by the board. To determine which sanctions are appropriate, the board shall ?rst consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the board consider and include in the order any requirements designed to rehabilitate the licensee or license applicant. (3) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one .or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2?4-603. (4) hours after receiving noti?cation of the suspension or revocation by mailing it or delivering it A licensee shall surrender a suspended or revoked license to the board within 24 personally to the board. MCA 2?4?6316). Licenses. Whenever notice is required, no revocation, suspension, annulment, withdrawal, or amendment of any license is lawful unless the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action. If the agency ?nds that public health, safety, or - welfare imperatively requires emergency action and incorporates a ?nding to that effect in its Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. 10order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be instituted and determined. STATEMENT OF RIGHTS You are entitled to a hearing, instituted and determined, as provided for by the Montana Administrative Procedure Act 2?4?601, MCA, and following, including 2?4?63 1, MCA) and by ?3 MCA. You have a right to be represented by an attorney at such hearing and during related proceedings. If you desire to have a hearing and to resist the proposed action taken under the jurisdiction of the Board, you must so advise Lisa Addington, Bureau Chief, Health Care Licensing Division, Department of Labor and Industry, 301 South Park, PO. Box 200513, Helena, Montana 59620-0513, in writing within twenty (20) days of your receipt of this notice. Formal proceedings may be waived pursuant to MCA ?2?4?603. POSSIBILITY OF DEFAULT Failure to give notice or to advise the Board of your request for a hearing within the time speci?ed will result in the entry of a default order pursuant to 37-1-309, MCA, and the Board may enter a decision on the basis of the facts available to it without additional prior notice to you. DATED this fTiiay of ,2003. . . Dr. Anne Williams, Chair Screening Panel Montana Board of Medical Examiners Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Notice of Summary Suspension, Notice of Revocation and Opportunity for Hearing was sent certi?ed mail'700/ 695 000/ 4/750, postage prepaid, onW, 2003,to the following: Donald Eugene Russell c/o Lee Leveque 410 Central Ave, Suite 515 PO BOX 909 Great Falls, MT 59403?0909 CERTIFIED CORRECT COPY OF ORIGINAE 0F -IC RECGRD, STATE OF. BY: casted/111 or RECORDS, Notice of Sumrnary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. ll M. Gene Allison DEPARTMENT OF LABOR & INDUSTRY 3 Office of Legal Services 301 South Park Avenue, P.O. Box 200513 Helena, MT 59620-0513 4 Phone: (406)841-2317 2 5 6 BEFORE TH): BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 7 8 9 IN THE MATTER OF THE DISCIPLINARY TREATMENT OF THE LICENSE OF 10 Donald Eugene Russell. 11 License No. 7656 12 13 ) ) ) ) ) ) ) ) ) Docket No. CC-03-0288-MED NOTICE OF SUMMARY SUSPENSION,NOTICE OF PROPOSED BOARD ACTION AND OPPORTUNITY FOR HEARING TO: Donald Eugene Russell c/o Lee Leveque 410 Central Ave., Suite 515 PO BOX 909 Great Falls, MT 59403-0909 14 15 16 1"7 1 f 18 I PLEASE TAKE NOTICE THAT: The Screening Panel of the Board of Medical Examiners of the State of Montana (Screening Panel) has considered the complaints against you in case numbers 2003-079-MED 19 and 2003-1 05-MED. Subsequently, the Screening Panel voted that the disciplinary a.ctions 20 nd ate violations of Title 37, Chapter] and Chapter 3 of Montana Code Annotated and 21 Administrative Rules of Montana Title 24, Chapter 156, Sub-Chapter 6. 22 The Screening Panel met to review all documentation regarding the ab ve disciplinary Notice of Summary Suspension, Proposed Action and Opportunity for Hearing 23 In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 1 ORIGINAL 1 actions and found reasonable cause to believe that you have violated a statute or rule justifying 2 disciplinary sanctions to be imposed against your Montana license. The Board has such authority 3 pursuant to Montana Code Annotated 4 5 9937-1-307 and 37-1-316 and ARM 24.156.625. ALLEGED VIOLATIONS The Screening Panel has reason to believe that you committed the following violations: MCA 37-1-316(18) and ARM 24.156.625(3), (15),& (22). 6 7 The oHawing is unpmfesslonal eonduc"t f 8 Violation of 9 10 a licensee or license applicant: ~37-1-316 Mont. Code Ann.-Unprofessional Conduct. - Engaging in conduct that does not meet the generally accepted standards ofpractice, in violation of 937-1-316(18)Mont. Code Ann. Violations of ARM 24.156.625-Unprofessional Conduct. 11 12 - Engaging in conduct likely to deceive, defraud or harm the public in violation of ARM 24.156.625(3); - Commission of an act of sexual abuse, misconduct or exploitation related to the 13 licensee’s practice of medicine in violation of ARM 24.156.625(15); and Committing an act, whether specifically enumerated or not, that in fact constitutes 14 unprofessional conduct in violation of ARM 24.156.625(22). - 15 16 1 THEREFORE,pursuant to Montana Code Annotated proposes to impose against you one or more of the sanctions authorized under Montana Code Annotated 18 19 20 21 22 23 ~37-1-307, the Board ~37-1-312. ADDITIONALLY.YOUR LICENSE IS SUMMARILY SUSPENDED PENDING RESOLUTION OF THIS MATTER. The Screening Panel has recommended that your license be revoked pursuant to ~37-1-312 Mont. Code Ann. PLEASE NOTE: The Adjudication Panel ofthe Board of Medical Examiners will determine the sanction in this case. The Adjudication Panel is not obligated to Notice of Summary Suspension, Proposed Action and Opportun y for Hearing In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 2 Panel. The Adjudication Panel may impose a sanction that is more or less severe than that recommended by the Screening Panel. follow the recommendation of the Screening 2 3 4 REASONS FOR ACTION 5 6 There is reasonable cause to believe that the following assertions will be proven and will justify the imposition of sanctions against your license. 7 8 FACTUAL ASSERTIONS 9 1. At all times relevant to these proceedings, you held Montana Medical License no. 10 7656. II 2. On or about May 6,2003,the Montana Board ofMedical Examiners received a 12 complaint from a doctor in Fort Benton, Montana. The complaining doctor provided the 13 following information in a written complaint: 14 ]5 16 3. Patient Jane Doe, 84 years of age, presented to the complaining doctor’s office on May 1,2003. She asked to be examined and tested for sexually transmitted diseases (STD’s). 4. Patient Jane Doe told the complaining doctor that she had unprotected sexual 17 intercourse with Donald RusseU, MD., in his cffice. Patient Jane Doe contended Lhe incident 18 had occurred approximately two weeks prior. Patient Jane Doe also informed him she gets 19 confused about dates. 20 5. The complaining doctor stated Patient Jane Doe has a history of cardiovascular 21 accidents (CVA’s) and most probably suffers some dementia secondary to the CVA’s. The 22 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing 23 In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 3 complaining doctor said Patient Jane Doe probably experiences some lapses in her ability to 2 3 4 5 6 7 8 9 remember times and dates. 6. Patient Jane Doe told the complaining Doctor there was no anal or oral penetration, only vaginal sex. Patient Jane Doe contended again the incident occurred in 7. Dr. Russell’s office. The complaining doctor stated Patient Jane Doe reported feeling somewhat melancholy about the incident, but did not feel she needed medications or counseling. 8. The complaining doctor stated he had reported the information to the local police as well as Family and Elder Abuse Services. 9. Records from the Montana Twelfth Judicial District Court, Chateau County, indicate 10 Dr. Russell was charged with three felony counts ofsexual assault for a separate incident 11 involving sexual abuse of children. 12 10. The case was assigned to Investigator Brent Jones. Investigator Jones interviewed 13 the complaining doctor on May 8,2003. During the interview Jones and the doctor reviewed the 14 information contained in the doctor’s written complaint and he provided the following additional 15 information: ]6 ] 1. The complaining doctor said he thought possibly Patient Jane Doe had confused a 17 vaginal exam with sexual misconduct. Therefore, he showed Patient Jane Doe a vaginal 18 speculum, light and swabs, and asked her if a tray containing such instruments was present 19 during her visit with Dr. Russell. Patient Jane Doe told him there was no such tray or 20 instruments present. 2] 12. Patient Jane Doe did not indicate there had ever been another incident of sexual 22 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing 23 In re Dona]d Eugene Russell, Docket No. CC-03-0288-MED] 4 1 2 intercourse with Dr. Russell. 13. Investigator Jones interviewed Patient Jane Doe on March 8,2003. Investigator 3 Jones asked if she would talk with him about the incident she had described to the complaining 4 5 doctor. Patient lane Doe responded ’no’,that she wouldn’t talk with him because it was a very personal matter. lones asked if she would just confinn ifthe incident happened as she described 6 to the complaining doctor. Patient Jane Doe said ’yes’, the incident did occur as she had 7 described to the complaining doctor. Patient Jane Doe commented that she knew Dr. RusseJI 8 loved his wife and thought he had gone back to her. 9 14. After receiving the information about Patient Jane Doe requesting examination for 10 STD’s and having sexual intercourse with Dr. Russell, Investigator Jones contacted the Choteau 11 County Health Department seeking information about the possibility of Dr. Russell reporting an 12 SID infection and disclosing his sexual contacts. 13 15. The Choteau County Health Department confirmed they had received information 14 that Dr. Russell contracted an STD. They were also given the names offour female subjects with 15 which Dr. Russell was supposed to have had sexual contact. 16 16. Patient Jane Doe was one of the four subjects identified to the Chateau County 17 Health Department. 18 19 20 17. Another female subject reported as having had sexual contact with Mary Doe. Mary Doe is also a Dr. Russell was woman in her eighties. 18. Copies ofpatient scheduling for the practice of Dr. Donald Russell, were received by 21 lnvestigator Jones on May 8, 2003. 22 Notice of Summary Suspension, Proposed Action and Opportunity for Hear ng 23 In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 5 1 2 3 4 5 19. A review of Dr. Russell’s scheduling records received on May 8, 2003, indicates that both Jane Doe and Mary Doe were patients of Dr. Russell. 20. It is undetermined at this time if the other two female subjects identified to the Choteau County Health Department were patients ofDr. Russell. 21. Due to the nature and circumstances of the factual assertions set forth above, the 6 Screening Panel ofthe Board of Medical Examiners made a finding that public health, safety, or 7 welfare imperatively required emergency action and that summary suspension of your license be 8 ordered pending these proceedings. 9 22. Accordingly, the Screening Panel of the Board of Medical Examiners directed that 10 this formal Notice ofSummary Suspension, Notice ofProposed Board Action and Opportunity ]1 for Hearing be served upon you pursuant to Mont. Code Ann. &37-1-309. 12 13 14 ASSERTIONS OF LAW The following is unprofessional conduct for a licensee or license applicant: 1. - Mont. Code Ann. &37-1-316(18), defines unprofessional conduct as conduct that 15 does not meet the generally accepted standards of practice. 16 2. - Admin. R. Mont 24.156.625 (3),defines unprofessional conduct as engaging in 17 conduct likely to deceive, defraud or harm the public; 18 3. - Admin. R. Mont 24.156.625 (15),defines unprofessional conduct as commission of 19 an act of sexual abuse, misconduct or eXploitation related to the licensee’s practice ofmedicine; 20 21 4. - Admin. R. Mont 24.156.625 (22),defines unprofessional conduct as committing an act, whether specifically enumerated or not, that in fact constitutes unprofessional conduct. 22 23 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 6 5. The assertions of fact made above demonstrate that Donald Eugene Russell, 2 violated the above provisions of Law and Rule, namely Montana Code 3 ARM 24.156.625(3), (15),& (22). 4 6. Ann.g.~ 37-1-316(18) As a result of the above infonnation and an investigation into the allegations, the 5 Board’s Screening Panel heard the above matter, determined that there is reasonable cause to 6 believe that you have violated a statute or rule justifying disciplinary sanctions to be imposed 7 against your Montana license and so moved to serve you this formal Notice 8 Suspension, Notice ofProposed Board Action and Opportunityfor Hearing. 9 10 and ~ o..fSummary SUMMARY SUSPENSION ORDER Pursuant to Mont. Code Ann. 2-4-631(3),the SCREENING PANEL OF THE BOARD II HEREBY FINDS, based on its reasonable cause finding on the allegations above, determines that 12 the public health, safety and welfare requires immediate action in this matter, and: 13 IT IS THEREFORE ORDERED that the license of Donald Eugene Russell to 14 practice in the state of Montana be immediately and summarily suspended for an indefinite 15 period of time pending further investigative and disciplinary proceedings. Pursuant to 16 Mont. Code Ann. ~37-1-312 (4),any and aU documentation of licensure must be returned to 17 the Board of Medical Examiners in person or by mail to the Board within 24 hours of 18 receiving this suspension notice. Documents may be mailed to the Board at the following 19 address: 20 21 Montana Department ofLabor and Industry Board of Medical Examiners 301 South Park Avenue POBox 200513 Helena MT 59620-0513 22 23 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 7 UNIFORM PROFESSIONAL LICENSING AND REGULATION PROCEDURE 2 You are advised that the law provides: ,.J. , MCA 37-1-309. Notice request for hearing. 4 (1)If a reasonable cause determination is made pursuant to 37-1-307 that a violation of 5 6 -- this part has occurred, a notice must be prepared by department legal staff and served on the alleged violator. The notice may be served by certified mail to the current address on file with the board or by other means authorized by the Montana Rules of Civil Procedure. The notice 7 may not allege a violation ofa particular smtute, rule, or standard unless the board or the board’s 8 screening panel, if one has been established, has made a written determination that there are 9 reasonable grounds to believe that the particular statute, rule, or standard has been violated. 10 (2) A licensee or license applicant shall give the board the licensee’s or applicant’s 11 current address and any change of address within 30 days of the change. 12 (3) The notice must state that the licensee or license applicant may request a hearing 13 to contest the charge or charges. A request for a hearing must be in writing and received in the offices of the department within 20 days after the licensee’s receipt of the notice. Failure 14 to request a hearing constitutes a default on the charge or charges, and the board may enter a 15 decision on the basis ofthe facts available to it. 16 17 -- MCA 37-1-312. Sanctions stay --costs --stipulations. 18 (1)Upon a decision that a licensee or license applicant has violated this part or is unable 19 to practice with reasonable skill and safety due to a physical or mental cond t on or upon 20 stipulation of the parties as provided in subsection (3),the board may issue an order providing for 21 one or any combination of the following sanct ons: 22 23 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russel!, Docket No. CC-03-0288-MED.l 8 2 3 (a) (b) (c) (d) (e) 4 (f) 5 (g) (h) 6 7 (i) (j) (2) revocation ofthe license~ suspension ofthe license for a fixed or indefinite term; restriction or limitation of the practice; satisfactory completion of a specific program ofremedial education or treatment; monitoring ofthe practice by a supervisor approved by the disciplining authority; censure or reprimand, either public or private; compliance with conditions ofprobation for a designated period of time; payment of a fine not to exceed $ I ,000 for each violation. Fines must be deposited in the state general fund. denial of a license application~ refund of costs and fees billed to and collected from a consumer. A sanctIon may be totally or partly stayed by the board. To detennine which 8 sanctions are appropriate, the board shall first consider the sanctions that are necessary to protect 9 or compensate the public. Only after the detennination has been made may the board consider 10 and include in the order any requirements designed to rehabilitate the licensee or license 11 12 13 applicant (3) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending cbarges that includes one or more ofthe sanctions in this section. The stipulation is an infonnal disposition for the purposes of2-4-603. 14 (4) 15 A licensee shall surrender a suspended or revoked license to the board within 24 hours after receiving notification ofthe suspension or revocation by mailing it or delivering it 16 personally to the board. 17 18 19 . MCA 2-4-631(3). Licenses. Whenever notice is required, no revocation, suspension, annulment, withdrawal, or 20 amendment of any license is lawful unless the agency gave notice by mail to the licensee of facts 21 or conduct which warrant the intended action. If the agency finds that public health, safety, or 22 welfare imperatively requires emergency action and incorporates a finding to that effect in its Notice of Summary Suspension, Proposed Action and Opportunity for Hearing 23 In re Donald Eugene Russell, Docket No. CC-03-0288-MED] 9 order, summary suspension of a license may be ordered pending proceedings for revocation or other action. TheSe proceedings shall be instituted and determined. STATEMENT OF RIGHTS You are entitled to a hearing, instituted and determined, as provided for by the Montana Administrative Procedure Act 2?4?601, MCA, and following, including 2-4-631, MCA) and by l?vlCA. You have a right to be represented by an attorney at such hearing and during related proceedings. If you desire to have a hearing and to resist the proposed action taken under the jurisdiction of the Board, you must so advise Lisa Addington, Bureau Chief, Health Care Licensing Division, Department of Labor and Industry, 301 South Park, PD. Box 200513, Helena, Montana 59620-0513, in writing within twenty (20) days of your receipt of this notice. Formal proceedings may be waived pursuant to MCA 2-4-603. POSSIBILITY OF DEFAULT Failure to give notice or to advise the Board of your request for a hearing within the time Specified will result in the entry of a default order pursuant to 37?1-3 09, MCA, and the Board may enter a decision on the basis of the facts available to it without additional prior notice to you. 2003. DATED this 21:33}: of Wm Dr; Anne Williams, Chair Screening Panel Montana Board of Medical Examiners Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russell, Docket No. 10 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Notice of Summary Suspension, Notice of Revocation and Opportunity for Hearing was sent certi?ed mail# 7063? 35 postage prepaid: on W, 2003, to the following: Donald Eugene Russell cr?o Lee Leveque 410 Central Ave, Suite 515 PO BOX 909 Great Falls, MT 59403?0909 Notice of Summary Suspension, Proposed Action and Opportunity for Hearing In re Donald Eugene Russel], Docket No. 1.1 n--I I?l r?I v-u-i I?n-l r?Gene Allison DEPARTMENT OF LABOR Of?ce of Legal Services 301 South Park Avenue, PO. Box 200513 Helena, MT 59620-0513 Phone: (406)841-2317 BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA IN THE MATTER OF THE DISCIPLINARY - Docket No. TREATMENT OF THE LICENSE 0F Donald Eugene Russell. a QUEST FOR ENTRY License No. 7656 I TO: THE BOARD OF MEDICAL EXAMINERS Please enter the default of Respondent, Donald Eugene Russell, with respect to the Notice of Proposed Board Action ?led and served in the above-entitled matter, pursuant to Rule 55(a), because of his failure to plead or otherwise defend against such Notice, as will appear from the af?davit ?led herewith. DATED this El ?u day of 2003. Legal Counsel . Department of Labor and Industry Request for Entry of Default In re Donald Eu gene Russell, Docket No, CC-GB-GESE-MED BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 2 ._1, 4 5 ) IN THE MATTER OF THE DISCIPLINARY ) TREATMENT OF THE LICENSE OF ) Donald Eugene Russell. ) ) 6 7 8 ) ) License No. 7656 Docket No. CC-03-0288-MED AFFIDAVIT OF M. GENE ALLISON STA TE OF MONTANA ) ) S5. 9 Lewis & Clark County ) 10 I, M. GENE ALLISON, being first duly sworn, depose and say as follows: II I am a citizen of the United States, over the age of eighteen years, a resident of . 1. 12 Lewis and Clark County. Montana, by profession an attorney and an employee of the 13 Montana Department of Labor and Industry (the Department), and legal representative of ]4 15 the Screening Panel for the Board of Medical Examiners. 2. I am familiar with the procedural history of this case and have personal 16 knowledge of the same. 17 3. On 6/3/03, the Department duly served Respondent Donald Eugene Russell, 18 through his attorney, by Certified Mail, receipt # 7001 2510 0001 1199 4780, with a 19 Notice of Proposed Board Action and Opportunity for Hearing, Docket No. CC-03-0288- 20 MED. The Notice provided a statement of rights which cont.iined a specific notice to 2] Respondent that he was required to submit a written request for a hearing within twenty 22 days of the date on which he received the Notice in order to preserve his right to 23 challenge the proposed action under the jurisdiction of the Board of Medical Examiners. 24 More than twenty days have passed since service of the Notice and no request for hearing 25 has been received. Respondent has fa led to plead or otherwise defend as provided in the 26 Montana Rules of Civil Procedure. 27 28 Request for Entry of Default In re Donald Eugene RusseJl, Docket No. CC-03-0288-MED 2 \informed and verily believe and upon such information and belief state that Donald Eugene Russell. is not now an incompetent person or minor and was not such when the instant action 'was commenced; further, that Donald Eugene Russell is not now a member of the military or naval services of the United States, nor has he been a member thereof within six months preceding commencement of this action. 5. As attorney for the Screening Panel of the Board of Medical Examiners I request that the default of Donald Eugene Russell be duly entered with respect to the Notice of Proposed Board Action filed and served in this matter. FURTHER AFFIANT SAYETH NOT. DATED this day of 2003. lSOl?l On this A??'kday of EJIW 2003, before me, a Notary Public for the State of Montana, personally appeared M. Gene Allison, known to me to be the person whose name is subscribed to the within instrument, that the same is true and correct and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first written above. the State of Montana Residing at: Montana My commission expires?" . Request for Entry of Default In re Donald Eugene Russell, Docket No. 3 CERTIFICATE OF SERVICE I hereby certify that on the fl; day of and accurate copy of the foregoing REQUEST FOR ENTRY OF DEFAULT by U.S. 2003, I served a true mail, postage prepaid, upon the following parties addressed as follows: Donald Eugene Russell cfo Lee Leveque, Attorney at Law 410. Central Ave. Suite 515 PO BOX 909 Great Falls, MT 59403-0909 Board of Medical Examiners 301 South Park Avenue PO. Box 200513 Helena, MT 759620-0513 Request for Entry of Default In to Donald Eugene Russell, Docket No. 4 Lh-h-Lum BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA IN THE MATTER OF THE Docket No. CC-OS-OZSS-NIED DISCIPLINARY TREATMENT OF THE LICENSE OF ORDER GRANTING ENTRY Donald Eugene Russell, License #7656. 3 OF DEFAULT On 6f3f03, Donald Eugene Russell, Respondent in the above-entitled action, was duly served with the Notice of Proposed Board Action and Opportunity for Hearing, Docket No. The Notice provided a statement of rights which I contained a speci?c notice to Respondent that he was required to submit a written request for a hearing within twenty days of the date on which he received the Notice in order to preserve his right to challenge the proposed action under the jurisdiction of the Board of Medical Examiners. More than twenty days have passed since service of the Notice and no request for hearing has been received. The Department requested entry of default on 6f24l03. IT IS THEREFORE ORDERED that the default of the Respondent is entered for failure to request a hearing. For purposes of this order, the fact assertions contained in the Notice issued in the above-entitled matter are hereby adopted as the findings of fact and the conclusions of said Notice are adopted as-the conclusions of law. A ?nal order providing for disposition of this matter will be subsequently entered. DATED this to day of It. 0? ,2003. 1 By: PRESIDIN OFFICER BOARD OF MEDICAL EXAMINERS ORDER GRANTING ENTRY OF DEFAULT 1 4391M CERTIFICATE OF SERVICE I hereby certify that on the lMday of 2003, I served a true a and accurate copy of the foregoing ORDER GRANTING ENTRY OF DEFAULT by US. mail, postage prepaid, upon the following parties addressed as follows: Donald Eugene Russell ee?o Lee Leveque, Attorney at Law 410 Central Ave, Suite 515 PO BOX 909 Great Falls, MT 59403?0909 M. Gene Allison Legal Counsel Department of Labor and Industry ORDER GRANTING OF DEFAULT 2 1 2 BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 3 4 5 IN THE MATTER OF THE DISCIPLINARY TREATMENT OF THE LICENSE OF Donald Eugene Russell, License #7656. 6 ) ) Docket No. CC-03-0288-MED ) ) , FINAL ORDER ) ) 7 8 9 On 6/3/03, a Notice ofProposed Board Action was served on Donald Eugene Russell,Respondent n the above-entitled action, by Certified Mail receipt #7001 2510 10 0001 11994780. The Notice provided a statement ofrights which contained specific ,a II notice to Respondent that he was required to submit a written request for a hearing within 12 13 twenty days ofthe date on which he received the Notice in order to preserve his right to 14 challenge the proposed action under the jurisdiction ofthe Board of Medical Examiners. 15 More than twenty days have passed since service ofthe Notice and no request for 16 hearing has been received. Accordingly, and upon the request ofDepartment counsel on 17 6/24/03 the Board issued an order granting entry of default. 18 For purposes ofthis order, the fact assertions and conclusions contained in the 19 Notice ofProposed Board Action and Opportunity for Hearing issued in the above-entitled 20 21 matter are hereby adopted by the Board and fully incorporated into this final order as the 22 findings of fact and the conclusions of law. 23 24 Based upon Donald Eugene Russell’s default for failing to request a hearing and the infonnation presently before the Board, including the aforementioned findings of fact 25 26 27 and conclusions of law,the Board enters the following: IT IS ORDERED that Respondent’s medical license # 7656 is REVOKED. PAGE 1 Respondent shall immediately return his license to the Board of?ce at the following address: Board of Medical Examiners 301 South Park PD. Box 200513 Helena, MT 59620-0513 YOU ARE HEREBY NOTIFIED that you have the right to request judicial review of this ?nal order by ?ling a petition for judicial review within thirty days of service of this ?nal order in a district court of the State of Montana, as provided in 2-4-7022, MCA. 2003. DATED this ?25" day of :31, he? By: BOARD OF MEDICAL EXAWERS PAGE 2 CERTIFICATE OF SERVICE I hereby certify that on the day of I 9 2003, I served a true and accurate copy of the foregoing FINAL ORDER by US. mail, postage prepaid, upon the Licensee addressed as follows: Donald Eugene Russell (:10 Lee Levesque, Attorney at Law 416 Central Ave, Suite 515 PO BOX 909 Great Falls, MT 59403 ?0909 PAGE 3