BEFORE THE

I
t

OREGON MEDICAL BOARD

,TATE oF .REG.N

3

of

4)

In the Matter

5

DAVID OLIVER BURLESON,
LrcENsE No.

u)

)

MD )

MDl5o77

STIPULATED ORDER

)

'7
l.
The Oregon Medical Board (Board) is the state agency responsible for licensing,
8
9 regulating and disciplining certain health care providers, including physicians, in the state of
l0 Oregon. David Oliver Burleson, MD (Licensee) is a physician in the state of Oregon who
I I sunendered his license to practice medicine while under investigation on October 6, 2005 This
12 Order also placed conditions upon Licensee's ability to reapply for licensure after a pedod of
13 two years.
2.
14
Based upon new information provided to the Board by the Multnomah County (Oregon)
15
16 Distict Attomey's Office, the Board will now take additional disciplinary action pusuant to
17 ORS 677.205 against Licensee for violations of the Medical Practice Act, to witr ORS
l8 677.190(l\a) unprofessional or dishonorable conduct, as defined in ORS 677.188(4)(a) and
19 ORS 677.190(6) conviction ofany offense punishable in a Department of Corrections institution
20 The acts and conduct alleged to violate t}Ie Medical Pnctice Act are as followsl
2.1 The Multnomah County Dist ct Attomey opened a criminal investigation after
21
receiving a report from the Board pursuant to ORS 677.320(2) in regard to Licensee's
22
misconduct in regard to two adult female Patients, identified as Patients A ard B. On
23
December 20, 2007, Licensee pled guilty to two counts ofAttempted Sexual Abuse in the
24
First Degree. Licensee was also found guilty after pleading no contest to one count of
25
Attempted Unla${ul Sexual Penetration in the First Degree. Both patients, identified in
26

PAGE 1 - STIPULATED

ORDER Da"/idolrver Burleson, MD

 I
2
3
4
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6
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the indictment as Jane Doe

#l

and Jane Doe #2, were physically helpless due to sedation

administered by Licensee (an anesthesiologist) preparatory to oral surgery'

2.2

Licensee was sentenced to 60 months of confinement with the Oregon

Deparhnent of Corrections, to pay

$

1

0,000 in restitution to each of the two adult female

victims, and to comply with certain stipulated conditions, to include agreeing not to
praclice medicine and never lo reapply for a medical license again
3.

Based upon the record of conviction and the information in the indictment and pleading
8
9 documents provided by the District Attomey, as described in Paragraph 2, Licensee and the
l0 Board agree to close this investigation with entry ofthis new Stipulated Order' The Board and
1l Licensee agree that this Order will supersede the previous Stipulated Order ofoct'ober 6, 2005,
12 in which Licensee previously sur.rendered his license under investigation. The surrender under
l3 investigation ofthe medical license oflicensee will remain in effect with the additional
14 stipulations that the surrender oflicense by Licensee is permanent and that Licensee will never
15 reapply for a medical license. Licensee understands that he has the right to a contestred case
16 hearing under the Administrative Procedures Act (chapter 183), Oregon Revised Statutes and
17 fully and frnally waives the right to a contested case hearing and any appeal thereftom by the
l8 signing of and entry of this Order in the Board's records Licensee understands that this
19 document is a public record and is reportable to the National Practitioners Data Bank Licensee
20 stipulates that the facts set fofih in paragraph 2 are true, and that he engaged in the conduct that
2l suppofied the violations described in paragraph 2 and that this conduct violates: ORS
22 6'17.1g0(I)(a) vnprofessional or dishonorable conduct, as dehned in ORS 677 188(4)(a) and

23oRS677.I90(6)convictionofanyoffensepunishableinaDepartmentofcorectionsinstitution.

24 u/
25 //t
26 /t/

P AGE 2 -

STIPULATED

ORDER

David Oliver Burleson, MD

 4.

I
2
3

Licensee and the Board agree to resolve this matter by the entry of this Stipulated Order
subject to the following conditions:

4

4.1

5

permanent. Licensee agrees never to practice medicine, wheth€r paid or volunteer, to

6

include writing prescriptions to any person or seeing patients in any setting'

,1

4.2

Licensee's surrender oflicense to practice medicine while under investigation is

Licensee agrees that he will never reapply for a medical license in the state

of

8

Oregon or any other location within thejurisdiction ofthe United States of America or

9

the United States teFitodes.

l0

4.3

lt

shall be grounds for further disciplinary action under ORS 677.190(18)'

Licensee stipulates and agrees that any violation

oftle tems ofthis

Order

l2
l3

lr

IS SO

sTIPULATeo *is

j

da5

of

(9

t

l'lapr

2008.

l4
SIGNATIIRE WITHHELD
15

DAVID OLIVER BURLESON, MD

16

t7

l8

IT IS SO ORDERED this

t9
20

2l
22

P

AGE 3 . STIP ULAT ED ORDER

OREGON MEDICAL BOARD
State

ofOreson

SIGNATI.JRE WITHHELD

PA'TRICIA SMT T H, TUI,LIL IVIE,NTDDI\
BOARD CHAIR

David Oliver Burleson, MD

 

1BEFORE THE
BOARD OF MEDICAL EXAMINERS

STATE OF OREGON
In the Matter of 

DAVID OLIVER BURLESON, MD STIPULATED ORDER
LICENSE NO. MD15077 


l.

The Board of Medical Examiners (Board) is the state agency responsible for licensing,

regulating and disciplining certain health care providers, including physicians, in the state of

Oregon. David Oliver Burleson, MD (Licensee) is a licensed physician in the state of Oregon.

2.

The Board proposed taking disciplinary action pursuant to ORS 677.205 against Licensee

for Violations of the Medical Practice Act, to wit: ORS unprofessional or

dishonorable conduct, as de?ned in ORS The acts and conduct alleged to violate

the Medical Practice Act are as follows:



2.1 On two separate occasions in the fall and winter of 2003 and 2004, Licensee
provided anesthesia to adult female patients who were undergoing surgery. On each
occasion, Licensee was observed to fondle and inappropriately touch the sedated female
patient While moving the patient from a surgical chair to a recovery bed.

2.2 In January 2002, Licensee provided anesthesia to Patient A, an adult female
patient. Patient A complained that during the course of examining her airway, heart and
lungs, Licensee exposed Patient A?s chest and made contact with her breasts in such a
way as to cause the patient distress. Patient A also expressed concern about Licensee?s

verbal comments regarding her body.

PAGE I - ST IPULAT ED ORDER David Oliver Burleson, MD

1 2.3 Licensee acknowledges that on occasion, he has called adult female patients
2 postoperatively not for appropriate medical follow-up, but for the purpose of engaging in
3 a telephone conversation for his own personal grati?cation.
4 2.4 Licensee has engaged in extra-marital sexual relationships with adult female
5 nurses that have included sexual contact in the workplace (on at least three occasions, the
6 sexual encounters occurred in a hospital call room). I I
7 2.5 Female nurses have stated that while they were on duty, Licensee made unwanted
8 sexual advances to them in the hospital where they worked.
9 2.6 Licensee has subsequently undergone a multi-disciplinary evaluation, during
10 which he acknowledged that beginning in about the year 2000, he has sexually acted out
11 in the health care setting about 2 to 4 times a year, to include looking at adult female
12 patients under their gowns without a medical purpose, inappropriately touching adult
13 female patients while providing medical service, inappropriately placing EKG leads on
14 adult female patients for his own sexual grati?cation, and fondling the breasts of sedated
15 adult female patients.
1 6 3.
17 Licensee and the Board agree to close this investigation and agree that Licensee will

18 cease from practicing any form of medicine in the state of Oregon by surrendering his license

19 under investigation, consistent with the terms of this Order. Licensee understands that he has the
20 right to a contested case hearing under the Administrative Procedures Act (chapter 183), Oregon
21 Revised Statutes and fully and ?nally waives the right to a contested case hearing and any appeal
22 therefrom by the signing of and entry of this Order in the Board?s records. Licensee understands
23 that this document is a public record and is reportable to the National Practitioners Data Bank.
24 Licensee stipulates that he engaged in the conduct that supported the Violations described in

25 paragraph 2 and that this conduct violates: ORS unprofessional or dishonorable

26 conduct, as de?ned in ORS 

PAGE 2 STIPULA TED ORDER David Oliver Burleson, MD

 

1 4.

2 Licensee and the Board agree to resolve this matter by the entry of this Stipulated Order
3 subject to the following conditions:

4 4.1 Licensee surrenders his license to practice medicine while under investigation.

 

     

 

 

 

5 This surrender becomes effective the date this Order is signed by the Board Chair.
6 4.2 Licensee agrees that prior to applying for relicensure (after a minimum of two
7 years from the signing of this Order); he will enroll in and successfully complete a
8 residential program for sexual offenders, as recommended by the RUSH University
9 Medical Center. Licensee will sign all necessary releases to allow full communication
10 between the Board and any treatment/evaluation center or physician that provides an
1 1 evaluation or treatment for him.
12 4.3 Licensee understands that should he decide to submit an application for licensure
13 after two years, he must provide evidence suf?cient to prove to the satisfaction of the
14 Board that he is of good moral character and that he possesses the competence to practice
15 medicine with reasonable skill and safety to patients.
16 4.4 Licensee stipulates and agrees that any violation of the terms of this Order shall
17 be grounds for further disciplinary action under ORS 67 7.190(1 8).
1: IT IS so STIPULATED this of 2005DAVID OLIVER BURLESON, MD
22 IT IS so ORDERED this {cftday of 2005.
23 BOARD OF MEDICAL EXAMINERS
24 State of Oregon
25 
26 merit/i. THALER, MD

BOARD CHAIR

PAGE 3 - ST IPULA TED ORDER David Oliver Burleson, MD 

 

 

 

 



BEFORE THE
BOARD OF MEDICAL EXAMINERS
STATE OF OREGON
In the Matter of
ORDER RESCINDING

ORDER OF EMERGENCY
SUSPENSION

DAVID O. BURLESON, MD
LICENSE NO. MD15077



1.
On April 18, 2005, David O. Burleson, MD, (Licensee) entered into an Interim Stipulated
Order in which he agreed to Withdraw from practice pending completion of the Board?s 7
investigation into his competency to practice medicine.
2.
Based on the above information, the Board hereby rescinds its Emergency Suspension of
Licensee dated April 18, 2005. This Order takes effect on April 19, 2005, following a vote of -

approval by the Board.

44"
IT IS so ORDERED THIS 5 day of 2005.

BOARD OF MEDICAL EXAMINERS
State of Oregon

m9

MD
BOARD CHAIR

Page 1 ORDER OF EMERGENCY SUSPENSION David O. Burleson, MD

 

 

 14:86



P- 35

HHRT a MQGNER

BEFORE THE
BOARD OF MEDICAL EXAMINERS
STATE OF OREGON

In the Matter of

DAVID O. BURLESON, MD
LICENSE ND. MD15077

INTERIM
STFULATED ORDER



I.

The Board of Medical Examiners (Board) is the state agency responsible for licensing.
regulating and disciplining certain health care provider; including physicians, in the state of
Oregon. David 0. Burlcson (Licensee) is a licensed physician in the: state of Oregon.

2.

 - On? Jammy 145-25005, ?iezBoard received infomatiomhat complaints had boon made
:ogarding Licensee having inappropriate physical contact with two feman patients. Tho Board
soiisoquontly initiated an investigation based upon those ailcgations. The investigation has
rovealod infomia?on that has. caused the Board to haw 0911mm: regaicling his competency to
safely  the facts described above, and in order to address the immodiaio concerns of the
Board, Licensee and tho Board'agree to the oiigiy of this Intei?im 'Stipulateddi?def.  Order,
which effective the: dais Licensee sigias  doomnont, provides that Lioon?eo?hali
comply with the following conditions: I I I I

3.1 Liconsoo voluntarily withdraws ?om the practice of medicine pending tho
completion-of the Board?s invostigation into hisoompetency to 



ff]

I

Page 1 INTERIM-STIPULA TEE 0mm - David Burie'son; MD

 

 

 



NRGNER 583 STE ?656 

4.

At conclusian of the: Board?s investigatim, Licensee?s status will be reviewed in an
expeditious manner. If the Board determines, following that review, that Licensee shall not be
permitted to retina to the practice of mcdicine, Licensee may request a healing to contest that
decision

5.

This order is issued by the Board pursuant to ORS 677.420( 1) for the pin-pose of making a 
complete investigation in drder to fully inform itself with respect to the perfonnance or conduct Of
the Licensee and Licenscc?s ability to safety and competently practice medicine. Pursuant to ORS
677.425, Board. investigative materials are confidential and shall not be subject to public
disclosme. nor shall they be admissible as evidence in any judicial proceeding. Hewever, as a.

stipulation, this order is a public document and reportable to the National Pras?timi?r Data Bank.

a.

IT IS so STIPULATED THIS We day of_  52005.

W, (gamma

DAVID C). swim-SON, MD

JAN
IT IS so ORDERED THIS ?5m day ofmw?f?jq ,2005.

BGARD OF MEDICAL 
State of Oregan

W,

10mg.) THALER, MD
BOARD CHAIR

Page 2 - INTERIM ST IPULA ED ORDER David 0. Burlesen, MD

P.6T