BEFORE THE STATE BOARD OF MEDICAL EXAMINERS OF SOUTH CAROLINA In the Matter of: ROBERT FRANCIS MARION, JR., M.D., Medical License # 5445, (M-60-01) ORDER OF TEMPORARY SUSPENSION Respondent. WHEREAS, Respondent is a physician duly licensed by the State Board of Medical Examiners (the Board) to practice in this State; and WHEREAS, upon information and belief, on or about February 15, 2001, Respondent was charged with three (3) counts of Criminal Sexual Conduct, Second Degree, three (3) counts of Lewd Act Upon a Minor, and Unlawful Carrying of a Firearm. Further, on or about March 6, 2001, Respondent was charged with additional offenses, including Criminal Sexual Conduct, Second Degree, four (4) counts of Lewd Act Upon a Minor and Contributing to the Delinquency of a Minor, and has been precluded from the practice of medicine as a condition of his bond. A copy of the Affidavit of Special Investigator Cheryl McNair is attached hereto and incorporated herein as Exhibit 1. WHEREAS, the Board finds that Respondent’s conduct, if true, constitutes a serious threat to the public health, safety or welfare; and WHEREAS, the Board further finds that the public interest imperatively requires that Respondent's continued practice of medicine be immediately temporarily suspended pending hearing and until further Order of the Board. THEREFORE, IT IS ORDERED THAT, in accordance with S.C. Code Ann. §1-23-370(c) (1986), Respondent's license to practice medicine in this State is hereby temporarily suspended, effective immediately, pending hearing and/or until further Order of the Board. AND IT IS SO ORDERED. STATE BOARD OF MEDICAL EXAMINERS LOUIS E. COSTA, II, M.D. President of the Board BY: s/_____________________________________ JOHN D. VOLMER Board Administrator March 20, 2001. BEFORE THE STATE BOARD OF MEDICAL EXAMINERS OF SOUTH CAROLINA In the Matter of: AFFIDAVIT Robert Francis Marion, Jr., M.D., Medical License # 5445 (M-60-01) Licensee. PERSONALLY appeared before me, Cheryl C. McNair who, being duly sworn, states the following facts: 1. As Special Investigator with the South Carolina Board of Medical Examiners I received information from the Charleston County Solicitor’s office that the following charges were made against the Respondent. On or about February15, 2001, three (3) counts of Criminal Sexual Conduct, Second Degree, three (3) counts of Lewd Act Upon a Minor and Unlawful Carrying of a Firearm. Further, on or about March 6, 2001, Respondent was charged with additional offenses, including Criminal Sexual Conduct, Second Degree, four (4) counts of Lewd Acts Upon Minor and Contributing to the Delinquency of a Minor, and has been precluded from the practice of medicine as a condition of his bond. Further Affiant saith naught. s/_______________________________ Cheryl C. McNair Special Investigator — Affiant SWORN to before me this 9th day of March, 2001 s/ Josie Coleman (L.S.) Notary Public for South Carolina My Commission Expires: 9/17/08. 1 of 2 2 BEFORE THE SOUTH CAROLINA STATE BOARD OF MEDICAL EXAMINERS In the Matter of: Robert F. Marion, Jr., M.D., FINAL ORDER Medical License #005445, (M-60-01) Respondent. This matter came before the Board of Medical Examiners (the Board) for hearing on November 5, 2003, as a result of the Notice and Amended Complaint served upon the Respondent and ?led on March 13, 2003. A quorum of Board members was present. The hearing was held pursuant to SC. Code Ann. ??40~47~200 and 21 to determine whether sanctions should be imposed based upon the Certi?ed Report of the Disciplinary Panel, which panel had heard the charges on June 4, 2003, and ?led a certi?ed report of the proceedings together with a transcript of the testimony taken and exhibits entered into evidence. Joseph P. Turner, Jr., Esquire, represented the State. The Respondent was represented by Andrew J. Savage, Ill, Esquire. The Respondent was charged with violation of SC. Code Ann. (7), and (8), and Regulations No. (B), (C), and (D) of the Rules and Regulations of the Board of Medical Examiners. FINDINGS OF FACT Based upon the preponderance of the evidence on the whole record, the Board ?nds the facts of the case to be as follows: 1. The Respondent is a physician duly licensed to practice medicine in South Carolina. 2. The Respondent has pled guilty to four counts of Criminal Sexual Conduct with a Minor, Second Degree, one count of Lewd Act Upon a Minor, and two counts of Assault and Battery of a High and Aggravated Nature. These charges arose from acts committed by the Respondent from approximately 1977 to 1984. This ?nding is based upon the documents submitted into evidence by the State, speci?cally the guilty pleas. 3. As part of his guilty plea, the Respondent is serving four concurrent sentences of Page 1 of 3 twenty years for the four pleas to Criminal Sexual Conduct with a Minor, Second Degree, a sentence of ten years for the two pleas to Assault and Battery of a High and Aggravated Nature, and a sentence of ten years on the plea of Lewd Act Upon a Minor. This ?nding is based upon the documents submitted into evidence by the State, speci?cally the guilty pleas. CONCLUSIONS OF LAW Based upon careful consideration of the facts in this matter, the Board ?nds and concludes as a matter of law that: . The Board has jurisdiction in this matter and, upon ?nding that a licensee has violated any of the provisions of SC. Code Ann. ??40-47?200, supra, has the authority to order the revocation or suspension of a license to practice medicine or osteopathy, publicly or privately reprimand the holder of a license, or take other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the Board or imposing restraint upon the medical or osteopathic practice of the licensee as circumstances warrant until the licensee demonstrates to the Board adequate professional competence. Additionally, the Board may require the licensee to pay a civil penalty of up to ten thousand dollars to the Board and the costs of the disciplinary action. 2. The Respondent has violated SC. Code Ann. (7), and (8), and Regulations Nothe Rules and Regulations of the Board of Medical Examiners, in the following particulars: A. The Respondent has violated SC. Code Ann. in that he has been convicted of a felony or other crime involving moral turpitude, as evidenced by his guilty pleas to sexually related felony charges. B. The Respondent has violated .C. Code Ann. in that he has violated the following Principles of Medical Ethics adopted by the Board: (1) Regulation 81 in that he failed to respect the law, as evidenced by his guilty pleas to sexually related felony charges. C. The Respondent has violated SC. Code Ann. in that he engaged in dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public, as evidenced by his guilty pleas to sexually related felony charges. 3. SANCTION. The sanction imposed is consistent with the purpose of these proceedings and has been made after weighing the public interest and the need for the continuing Page 2 of 3 services of quali?ed medical doctors against the countervailing concern that society be protected from professional ineptitude and misconduct. The egregious nature of the conduct at issue in this matter, and the consequent potential danger to the public, warrants the most severe sanction Within the Board?s authority. 4. The sanction imposed is designed not to punish the physician, but to protect the life, health, and welfare of the people at large. NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that: l. The Respondent's license to practice medicine in this State be, and it hereby is, revoked. 2. This ?nal order shall take effect immediately. AND IT IS SO ORDERED. STATE BOARD OF ICAL EXAMINERS RogelrfA in}, Presid" of the Board 5 ,2003. Page 3 of 3 05/18/01 [3:32 FAX 4046518341 GA ATTY GEN 003 - "Ei- in?! BEFORE THE COMPOSITE STATE BOARD OF . STATE OF GEORGIA JUN 0 8 2001 IN THE MATTER OF: . KET ROBERT FRANCIS MARION, MJ). - ?352? 2/ License No. 010609, DOCKET NO. . Respondent. CONSENT ORDER By agreement of the Composite State Board of Medical Examiners and Robert Francis Marion, In, M.D., Respondent, the following disposition of this matter is entered pursuant to the provisions Of O.C.G.A. FINDINGS OF FACT 1. The Respondent is licensed by the Composite State Board of Medical Examiners ("Board") to practice as a physician in the State of Georgia. 2. . Qn or about February 15, 2001, the Respondent was charged in South Carolina with three (3) counts of criminal sexual conduct, second degree, three (3) counts of lewd act upon a minor, and one (1) count of the unlawful carrying of a ?rearm. 3. 0an about March 7, 2001, the Respondent was charged in South Carolina with one (1) additional count of criminal sexual conduct, second degree, four (4) additional counts of lewd act ?upon a minor, and one (1) count of contributing to the delinquency Of a minor. i 4. On or abOut. March 20, 2001, the State Board of Medical Examiners of South Carolina entered an Order for Summary Suspension based on the charges listed in paragraph (2). 05/18/01 13:33 FAX 4046516341 GA GEN @004 5. Reapondent waives any further ?ndings of fact with respect to the above matter. CONCLUSIONS OF LAW Respondent's actions constitute sufficient grounds for the Board to exercise its . disciplinary authority and to impose sanctions on Respondent as a licensee under O.C.G.A. Ch. 34, T. 43, as amended, 0.C.G.A. 43-l-l9(a) and the Rules of the-Composite State Board of Medical Examiners. Reapondent waives any further ?ndings of law with respect to this matter. ORDER The Board having considered the particular facts and circumstances of this case, it is hereby ordered, and the Respondent hereby agrees, as follows: 1. Respondent agrees that his license as a physician shall be suspended indc?nitcly and that he shall not practice as a physician until further order of the Board. If Respondent practices as a physician without express permission of the Board, Respondent's license shall be subject to revocation, upon substantiation thereof. 2. Respondent may petition the Board to have the suspension of his license to practice medicine in the State of Georgia lifted at such time as Respondent can demonstrate that the criminal cases are resolved to the satisfaction of the Board and that his South Carolina medical Iicense__h_as been reinstated. The Board shall have the discretion to order Respondent to undergo a mental/physical examination, to place upon any conditions that the Board may deem appropriate, or to deny reinstatement if the Board determines that Respondent needs further rehabilitation. 3. Respondent acknowledges that he is represented by counsel and has read and understands the contents of this Consent Order. Respondent understands that he has the right to a hearing in this matter, and Respondent freely, knowingly and voluntarily waives such right by 05/18/01 13:33 FAX 4048518341 GA GEN 005 entering into this Consent Order. Respondent understands that this Consent Order will not become effective until approved and docketed by the Composite State Board of Medical Examiners. Respondent further understands and agrees that a representative of the State Department of Law may be present during the presentation of this Consent Order and that the Board shall have the authority to review the investigative ?le and all relevant evidence in considering this Consent Order. Respondent further understands that this Consent Order, once approved, shall constitute a public record that may be disseminated as a disciplinary action of the Board. Ifthis Consent Order is not approved, it shall not constitute an admission against interest in this proceeding, or prejudice the ability of the Board to adjudicate this matter. Respondent consents to the terms and sanctio contained herein. Approved, this day of 2001. BY: ?0 I (Signatures continued on next page) A. WOOL President ATTEST: KAREN MASON - (BOARD SEAL) Executive Director ROBERT FRANCIS MARION, JR, . Respondent CONSENTEDTO: MD Sworn to and subscriqu before me this ?2 ay of 2001. .3 35.3 .. if) AR LIC-iur c, i i My commission expires: out 133674 AGE ESQ4) Counsel for Resp ndent