STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH PROFESSIONS BOARD OF MEDICINE DISCIPLINARY SUBCOMMI I EE In the Matter of WILLIAM K. STETSON, MB. File Number: 43-08408943 License Number: 43-01-041895 CONSENT ORDER AND STIPULATION CONSENT ORDER WHEREAS, an Administrative Complaint, hereafter Complaint, was issued on June 16, 2009, charging William K. Stetson, MD, hereafter Respondent, with having violated sections 16221(b)(x) and 162210) of the Public Health Code, 1978 PA 368, as amended; MCL 333.1101 et seg; and WHEREAS, Respondent, has admitted by Stipulation submitted herewith, that the facts alleged in the Complaint are true and constitute violations of the Public Health Code; and WHEREAS, the Disciplinary Subcommittee of the Michigan Board of Medicine, hereafter Disciplinary Subcommittee, has reviewed the Stipulation and, based Upon the matters asserted therein, agrees that the public interest is best served by resolution of the outstanding Complaint; now therefore, IT I HEREBY FOUND that the allegations of fact and law set forth in the Complaint are tr re and constitute vi Jlations of sections 16221(b)(x) and 162210) of the Public Health Ct de, supra. Accordingly. IT IS HEREBY ORDERED that for the aforesaid violations of the Public Health Code, Respondent's iicense to practice medicine in the state of Michigan is SUSPENDED for a minimum period of six months and one day, commencing on the effective date of this Order. Said periods of suspension shall run concurrently. IT IS FURTHER ORDERED that reinstatement of a license which has been suspended for more than six months is not automatic and, in the event Respondent applies for reinstatement of the license, application for reinstatement may be made not sooner than 90 days prior to the end of the suspension period and shall be in accordance with sections 16245 and 16247 of the Public Health Code, m. Further, in support of the application for reinstatement, Respondent shall supply clear and convincing evidence to the Michigan Board of Medicine, hereafter Board, that Respondent is of good moral character, is able to practice the profession with reasonable skill and safety, that it is in the public interest for Respondent to resume practice, and that Respondent has met the guidelines on reinstatement adopted by the Department of Community Health, hereafter Department. lT lS FURTHER ORDERED that prior to applying for reinstatement, Respondent shall, at his own expense, complete a continuing education course in the area of boundary issues. Proof of the successful completion of this continuing education shall be made part of Respondent?s reinstatement application and shall be mailed to the Department of Community Health, Bureau of Health Professions, Sanction Monitoring, P.O. Box 30670, Lansing, MI 48909. IT IS FURTHER ORDERED that in the event Respondent violates any provision of this Order, and if such violation is deemed to constitute an independent violation of the Public Health Code or the rules promulgated thereunder, the Disciplinary Subcommittee may proceed to take disciplinary action pursuant to 1996 M08, 338.1632 and section 16221(h) of the Public Health Code, supra. IT [8 FURTHER ORDERED that this Order shall be effective 30 days from the date signed by the Disciplinary Subcommittee, as set forth below. Dated: I MICHIGAN BOARD OF MEDICINE r? B??r??ww?y Chairperson, Disciplinary Subcommittee 1. The allegations of fact and iavv contained in the Complaint dated June 16, 2009, are true and constitute violations of sections 16221(b)(x) and 162210) of the Public Health Code, supra. IE 2. Respondent understands and intends that by signing this Stipulation Respondent is waiving the right, pursuant to the Public Health Code, the rules promulgated thereunder, and the Administrative Procedures Act of 1969, 1969 PA 306. as amended; MCL 24.201 et seq. to require the Department to prove the charges set forth in the Complaint by presentation of evidence and legal authority. and to appear with an attorney and such witnesses as ReSpondent may desire to present a defense to said charges. 3. Factors taken into consideration in the formulation of the within Consent Order were as follows: In his written response to the Complaint, Respondent stated that he has not practiced medicine since January 2008, and currently resides in the state of Nebraska. 4. William Fenn, a member of the Board who supports this proposal. and the Department's representative are both free to discuss this matter with the Disciplinary Subcommittee and recommend acceptance of the resolution set forth in the foregoing Consent Order. 5. The foregoing Consent Order is approved as to form and substance by Respondent and the Department and may be entered as the final order of the Disciplinary Subcommittee in said cause. 1? CONTINUED ON NEXT PAGE 6. The foregoing preposal is conditioned Upon acceptance: by the Disciplinary Subcommittee, Respondent and the Department eXpressly reserving the right to further proceedings without prejudice should the Consent Order be rejected. AGREED TO BY: AGREED TO BY: Melanie B. Brim, Director William K. Stetson. MD. Bureau of Health Professions Respondent Department of Community Health Dated: 93; 5209?? Dated: 7 Approved as to to nyder Attorn for Respondent This is the last and final page of a Consent Order and Stipulation in the matter of William K. Stetson, MD, File Number 43-084 08943, before the Disciplinary Subcommittee of the Michigan Board of Medicine, consisting of ?ve pages, this page included. BA THE DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH WT STATE OF NEBRASKA STATE OF NEBRASKA ex rel., MAY 3- 9 2003 JON BRUNING, Attorney General, RECEWED Plaintiff, v. ORDER ON AGREED SETTLEMENT WILLIAM STETSON, MD. Defendant. A PROPOSED AGREED SETTLEMENT, was ?led with the Department on April 25,2008; ORDER 1. The Agreed Settlement is adopted, attached hereto and incorporated by reference. 2. The facts as set out in the petition are taken as true and adopted herein. 3. The parties shall comply with all of the terms of the Agreed Settlement. DATED this /"(day of ,2008. Joseph g.icierno, MIT), JD. Acting hief Medical Of?cer DHHS Division of Public Health CERTIFICATE OF SERVEE 0 NOW the undersigned and certi?es that on the day of 2008 a copy of the foregoing ORDER 0N AGREED SETTLEMENT was sent by certi?ed United States mail, postage prepaid, return receipt requested to Paul W. Snyder, Pahlke, Smith, Snyder, Petitt Eubanks, 1904 1st Avenue, PO Box 1204, NE 69361-4204 and by interagency mail to Susan M. Ugai, Assistant Attorney General, 2115 State Capitol, Lincoln, Nebraska. Mm agner HS Operations PO. Box 95026 Lincoln, NE 68509-6026 (402) 471-3519 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH LTQENSURE STATE OF NEBRASKA MAY 3. 9 2.083 REDEWED H06 {a 33 STATE-0F NEBRASKA ex rel. JON vs. AGREED SETTLEMENT I . .BRUNING, Attorney General, Plaintiff, WILLIAM STETSON, M.D., Defendant. The Plaintiff and the Defendant, William Stetson, M. D., in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. The Defendant, William Stetson, MD, was issued medical license #13468 by the Nebraska Department of Health and Human Services Division of Public Health (?Department?) to practice medicine in the State of Nebraska. I 2. Before disciplinary measures may be taken against the Defendants license, the Defendant is entitled to a hearing as proVided by law. The Defendant waives the right I to a hearing. The Defendant waives any right to jUdicial review of an order by the Department's Chief Medicai Officer which approves the termsof this-Agreed Settlement. 3. No coercion, threats, or promises, other than those stated herein, were made to the Defendant to induce him to enter into this Agreed Settlement. 4. The Defendant acknowledges that he is also licensed to practice as a physician and as a pharmacist in the State'of Michigan. 5. The Defendant acknowledges that he has read the Petition for Disciplinary Action filed by the Attomey General?s Office. The Defendant pleads no contest to the allegations of the Petition for Disciplinary Action. 6. The Plaintiff and the Defendant consent'to the Department?s Chief Medical Officer entering a final disciplinary order which finds that the allegations of the Petition for Disciplinary Action are true and grounds exist to accept the voluntary Surrender of the Defendants license to practice as a physician in the State of Nebraska. 7. The Defendant acknowledges that said voluntary surrender is for a minimum period of two years, and reinstatement of his license to practice as a physician in the state of Nebraska is at the discretion of. the Department and upon approval of the Nebraska Board of Medicine and Surgery. I 8. - Any Nebraska medical license new in the possession of the Defendant Shall be surrendered to the Department upon the entry of the Chief Medical Officer?s Order of Agreed Settlement. I 9. The Attorney General's Office has given notice of this Agreed Settlement to the Board of Medicine and Surgery and has received-their input in accordance. with NEB. Ray. STAT. 71 ,161.03 (Reissue 2003). 10. if this Agreed Settlement is not approved by the Chief Medical Officer, this Agreed Settlement shall become null and void and will not be admissible for any purpose at any hearing that may be held on this matter. AGREED TO: Mil Dr. William Stetson, MD. - Defendant. State of Nebraska I )ss. County of Douglas )0 cknowledged before me by Dr. William Stetson, MD. on tit? ?32" 2008. My ommission Exptres: - mun. w.s~vDE? .. mom. mama. 2011 THE STATE OF NEBRASKA ex rel. JON Attorney General Plaintiff, BY: JON - Attorney General BY: - Susan M. Ugai, #161577 Assistant Attorney General 2115 State Capitol Lincoln, NE 68509 Tel: (402) 4719658 Fax: (402) 471-4725 Attorneys for Plaintiff. 34-242a-3 LICENSURE UNii" MAY 9 2008: RECEWED 1369? PETITION FOR DISCIPLINARY ACTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH STATE OF NEBRASKA STATE or NEBRASKA ex rel. JON BRUNING, Attorney General, Plaintiff, v. WILLIAM STETSON, M.D., Defendant. The Plaintiff alleges as follows: 1. Jurisdiction is based on Nae. REV. 71?150 (Reissue 2003). 2. At all times relevant herein, the Defendant William Stetson, MD, has been the holder of medical license #13468 issued by the Nebraska Department of Health and Human Services Division of Public Health (?Department?) to practice medicine. Defendant is also licensed to practice medicine and pharmacy by the State of Michigan. 3. The Department is the agency of the State of Nebraska authorized to enforce the provisions of the Uniform Licensing Law regulating the practice of Medicine and Surgery. 4. The Nebraska Board of Medicine and Surgery considered the investigation of this matter and made its recommendation to the Attorney General, which recommendation has been considered. Sach matters are privileged pursuant to NEB. REV. STAT. 71~ 168.010) and (Reissue 2003). 5. From 20002008 Defendant inappropriately touched the breasts and genital areas of patients during routine examinations for non~gynecol09ical matters. These examinations took place at C.M.C. and W.C.M.R.C. in Chadron, Nebraska. FIRST CAUSE OF ACTION 6. Paragraphs 1 through 5 are incorporated herein by reference. 7. NEB. REV. STAT. 71447 (10) (2006 Cum.Sopp.) provides that a professional license may be disciplined, revoked, or suspended for unprofessional conduct. 8. N53. REV. STAT. 71?148(22) (Reissue 2003) defines unprofessional conduct as such other acts as may be defined in roles and regulations adopted and promulgated by the board of examiners in the profession of the applicant, licensee, certificate holder or registrant with the approval of the Department. 9. Title 172 Chapter 88~013.1 Regulations Governing the Practice of Medicine and Surgery defines unprofessional conduct as any departure from or failure to conform to the ethics of the medical profession, as found in the American Medical Association?s Code of Medical Ethics and Opinions. 10. The American Medical Association's Code of Medical Ethics and Opinions 8.21 Use of Chaperones During Physical Exams provides: ?From the standpoint of ethics and prudence, the protocol of having chaperones available on a consistent basis for patient examinations is recommended. Physicians aim to respect the patient?s dignity and to make a positive effort to secure a comfortable and considerate atmosphere for the patient; such . actions include the provision of appropriate gowns, private facilities for undressing, sensitive use of draping, and clear explanations on various components of the physical examination. A policy that patients are free to make a request for a chaperone should be established in each health care setting. This policy should be communicated to patients, either by means of a well~displayed notice or preferably through a conversation initiated by the intake nurse orthe physician. The request by a patient to have a chaperone should be honored.? 11. The American Medical Association?s Code of Medical Ethics and Opinions 10.01 Fundamental Elements of the Patient~Physician Relationship provides ?[t]he patient has the right to courtesy, respect, dignity, responsiveness, and timely attention to his or her needs? 12. The American Medical Association?s Code of Medical Ethics and Opinions 10.015 The Patient?Physician Relationship provides ?[tlhe practice of medicine, and its embodiment in the clinical encounter between a patient and a physician, is fundamentally a moral activity that arises from the imperative to care for patients and to alleviate suffering. . . . The relationship between patient and physician is based on trust and gives rise to physicians? ethicai obligations to place patients? welfare above their own self?interest and above obligations to other groups, and to advocate for their patients? welfare.? 13. Defendant?s conduct is unprofessional conduct and is grounds for discipline. SECOND CAUSE OF ACTION 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Neb. Rev. Stat. 71?147 (2) (2006 Cum. Supp.) states a licensee may be disciplined for ?[g]rossly immoral or dishonorable conduct evidencing unfitness or tack of proficiency sufficient to meet the standards required for practice of the profession in this state.? 16. Title 172 Chapter 88?012032. Grounds on which the Department may discipline a licensee include ?[glrossly immoral or dishonorable conduct evidencing unfitness or lack of proficiency sufficient to meet the standards required for practice of the profession of this state. 17. Defendant?s conduct is grounds for discipline. PRAYER WHEREFORE, the Plaintiff requests that the Chief Medical Officer set this Petition for Disciplinary Action for hearing and enter an order for appropriate disciplinary action pursuant to NEB. REV. STAT. 71?155 (Reissue 2003), and tax the costs of this proceeding to the Defendant. STATE OF NEBRASKA ex rel. JON Attorney General Plaintiff, BY: JON #20351 Attorney General BY: WW Susan M. Assistant Attorney General 2115 State Capitol Lincoln, Nebraska 68509 402~471~9658 Attorneys for Plaintiff.