1606_29597_052104 STATE OF TENNESSEE DEPARTMENT OF HEALTH IN THE MATTER OF: SHERAN ARDEN YEATES, M.D. RESPONDENT HUMBOLDT, TENNESSEE LICENSE NO.: 29597 ) ) ) ) ) ) ) BEFORE THE TENNESSEE BOARD OF MEDICAL EXAMINERS DOCKET NO. 17.18-057055A ______________________________________________________________________________ ORDER OF SUMMARY SUSPENSION ______________________________________________________________________________ This matter came to be heard before the Tennessee Board of Medical Examiners (hereinafter referred to as the “Board”) on the 21st day of May, 2004, pursuant to a request for a summary suspension proceeding issued by the Division of Health Related Boards of the Tennessee Department of Health (hereinafter referred to as the “State”). represented by Joseph A. Schmidt, Assistant General Counsel. The State was After consideration of the testimony of a witness and presentation by counsel, the Board finds as follows: ______________________________________________________________________________ FINDINGS OF FACT ______________________________________________________________________________ 1. The Respondent Sheran Arden Yeates, M.D. (hereinafter referred to as the “Respondent”), was issued a license to practice medicine in the State of Tennessee on August 28, 1997, Tennessee medical license number 29597, and was licensed to practice medicine in the State of Tennessee at all times relevant hereto. 2. The Respondent is presently permitting his patients and his office staff to reuse prescription medication. Specifically, the Respondent permits his patients to return any unused prescription medication to his offices. The Respondent has instructed his office staff to place any returned prescription medication in a storage chest. If the returned prescription medication is not labeled, the Respondent has instructed his office staff to identify the returned prescription medication by matching it with pictures contained in the Physicians’ Desk Reference. Once the returned prescription medication has been identified, the aforementioned medication is labeled and placed in the storage chest for future use. The returned prescription medication is consumed by the Respondent’s office staff, given to patients at no expense, or sold to patients for ten dollars ($10.00) per pill. 3. The Respondent and his office staff routinely administer “sinus cocktail” injections to patients without medical justification. The Respondent and his office staff routinely deny patients their maintenance medication until the patients agree to receive “sinus cocktail” injections. 4. On every Friday of every week, the Respondent takes his office staff out to lunch. During the aforementioned lunches, the Respondent purchases large amounts of alcohol for himself and his office staff. The Respondent and his office staff consume large amounts of alcohol during the aforementioned lunches. Following the aforementioned lunches, the Respondent and his office staff return to the office and provide medical treatment to patients while intoxicated. 5. The Respondent has engaged in sexual activities with female staff members during business hours and in full view of patients. Furthermore, the Respondent has committed acts of sexual misconduct on a female staff member, and separately a female patient, while the aforementioned female staff member and female patient were unconscious. 6. The Respondent presently employs untrained and unlicensed office staff to examine 2 patients, to diagnose medical problems, to prescribe medication, and to administer the medication through oral and injected administration, including but not limited to, “sinus cocktail” injections. Following the aforementioned “sinus cocktail” injections, the Respondent and his office staff routinely failed to provide patients with appropriate follow-up care and/or to ensure their safety. 7. The Respondent and his office staff routinely bill third parties for medical services that were never provided to patients. Furthermore, the Respondent and his office staff routinely double bill third parties for medical services that were provided to patients. CONCLUSIONS OF LAW The facts as found in the Findings of Fact, supra, are sufficient to establish violations by the Respondent of the following statutes or rules which are part of the provisions of the Tennessee Medical Practice Act, Tennessee Code Annotated Section (hereinafter referred to as “TENN. CODE ANN. §”) 63-6-101, et seq., and violations of the following rules and regulations promulgated by the Board for which disciplinary action before and by the Board is authorized: 8. The Board finds that the facts as established in paragraphs 2, 3, 4, 5, 6, and 7, which are incorporated by reference as those specifically set forth herein, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(1), which prohibits unprofessional, dishonorable and unethical conduct. 9. The Board finds that the facts as established in paragraphs 3, 6, and 7, which are incorporated by reference as those specifically set forth herein, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(3), which prohibits making false 3 statements or representations, being guilty of fraud or deceit in obtaining admission to practice, or being guilty of fraud or deceit in the practice of medicine. 10. The Board finds that the facts as established in paragraphs 2, 3, 4, 5, 6, and 7, which are incorporated by reference as those specifically set forth herein, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(4), which prohibits gross malpractice, or a pattern of continued or repeated malpractice, ignorance, negligence or incompetence in the course of medical practice. 11. The Board finds that the facts as established in paragraph 4, which is incorporated by reference as those specifically set forth herein, establishes the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(5), which prohibits habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances or other drugs or stimulants in such manner as to adversely affect the person’s ability to practice medicine. 12. The Board finds that the facts as established in paragraphs 2, 3, 6, and 7, which are incorporated by reference as those specifically set forth herein, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(12), which prohibits dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition. 13. The Board finds that the facts as established in paragraph 4, which is incorporated by reference as those specifically set forth herein, establish the violation by the Respondent 4 of TENN. CODE ANN. § 63-6-214(b)(18), which prohibits engaging in the practice of medicine when mentally or physically unable to safely do so. ______________________________________________________________________________ POLICY STATEMENT ______________________________________________________________________________ WHEREFORE, in consideration of the foregoing and pursuant to the authority granted to the Board under TENN. CODE ANN. §§ 4-5-320(d)(1)(B) and 63-6-101, et seq., the Board hereby finds that the aforesaid conduct of the Respondent imperatively requires emergency action in order to protect the public health, safety and welfare in the practice of medicine and that such activities must be ceased immediately. IT IS THEREFORE ORDERED, ADJUDGED and DECREED as follows: 14. The medical license of the Respondent Sheran Arden Yeates, M.D., Tennessee medical license number 29597, is hereby SUMMARILY SUSPENDED. 15. Said suspension shall be EFFECTIVE IMMEDIATELY and shall remain in effect until and unless the Respondent requests in writing addressed to the undersigned, Joseph A. Schmidt, a request for the opportunity for an informal hearing, review or conference before the Board within seven (7) business days from the date of the issuance of this order of summary suspension. ORDERED by the Tennessee Board of Medical Examiners this 21st day of May, 2004. ___________________________________ Board Chairperson Tennessee Board of Medical Examiners 5 SUBMITTED FOR ENTRY: ___________________________________ Joseph A. Schmidt Assistant General Counsel Office of General Counsel Tennessee Department of Health 26th Floor, Wm. Snodgrass Tennessee Tower 312 8th Avenue North Nashville, Tennessee 37243 (615) 741-1611 ENTRY OF ORDER This Order was received for filing in the Office of the Secretary of State, Administrative Procedures Division, and became effective on the 21st day of May, 2004. ____________________________________ Honorable Charles C. Sullivan, II, Director Administrative Procedures Division 6 CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the foregoing was served via United States Certified Mail, Certified Number 7002 0860 0000 8333 1085, and via hand delivery, to the following: Sheran A. Yeates, M.D. 1804 Main Street Humboldt, Tennessee 38343 This the 21st day of May, 2004. __________________________________ Joseph A. Schmidt Assistant General Counsel 7 1606_29597_101205 STATE OF TENNESSEE DEPARTMENT OF HEALTH IN THE MATTER OF: SHERAN ARDEN YEATES, M.D. RESPONDENT HUMBOLDT, TENNESSEE TENNESSEE LICENSE NO.: 29597 ) BEFORE THE TENNESSEE ) BOARD OF MEDICAL EXAMINERS ) ) DOCKET NO.: 17.18-057055A ) ) ) ORDER This matter came to be heard before the Tennessee Board of Medical Examiners (hereinafter referred to as the “Board”) on the 20th and 21st of September, 2005, pursuant to a Notice of Charges and Memorandum for Assessment of Civil Penalties filed against the Respondent herein, Sheran Arden Yeates, M.D. (hereinafter referred to as the “Respondent”) by the Division of Health Related Boards of the Tennessee Department of Health, (hereinafter referred to as the “State”). Wilma T. James, Deputy General Counsel, represented the State. The Respondent was present at the hearing, and was represented by counsel, Ramsdale O’DeNeal, Jr., Esq. After consideration of the Notice of Charges, the testimony of the witnesses, the evidence introduced at the hearing, the arguments of counsel, and the record as a whole, the Board finds as follows: I. 1. FINDINGS OF FACT The Respondent was issued a license to practice medicine in the State of Tennessee on August 28, 1997, Tennessee medical license number 29597, and was licensed to practice 1 medicine in the State of Tennessee at all times relevant hereto. 2. The Respondent permitted his patients and his office staff to reuse prescription medication. Specifically, the Respondent permitted his patients to return any unused prescription medication to his offices. The Respondent instructed his office staff to place any returned prescription medication in a storage chest. If the returned prescription medication was not labeled, the Respondent instructed his office staff to identify the returned prescription medication by matching it with pictures contained in the Physicians’ Desk Reference. Once the returned prescription medication had been identified, the aforementioned medication was labeled and placed in the storage chest for future use. 3. The Respondent and his office staff routinely administered “cocktail” injections to patients without medical justification. On occasion, the Respondent and his office staff denied patients their maintenance medication until the patients agreed to receive “cocktail” injections. 4. On Fridays, the Respondent took his office staff out to lunch. During these lunches, the Respondent purchased alcoholic beverages for himself and his office staff. The Respondent and his office staff consumed large amounts of alcohol during the aforementioned lunches. 5. The Respondent engaged in sexual activities with female staff members during business hours and, on occasion, in view of patients. Further, the Respondent committed acts of sexual misconduct with a female staff member while the aforementioned female staff member was incapacitated. 6. The Respondent employed untrained and unlicensed office staff to examine patients, to diagnose medical problems, to prescribe medication, and to administer the medication through oral and injected administration, including but not limited to, “cocktail” injections. Following the aforementioned “cocktail” injections, the Respondent and his office staff failed to provide patients with appropriate follow-up care and/or to ensure their safety. 2 II. CONCLUSIONS OF LAW The Board, having jurisdiction over this matter, finds that the facts as contained in this Order are sufficient to establish that the Respondent has violated the provisions of the Tennessee Medical Practice Act, Tennessee Code Annotated § 63-6-101, et seq., for which disciplinary action before and by the Board is authorized: 7. The Board finds that the facts as established in paragraphs 2, 3, 4, 5, and 6, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(1), which prohibits unprofessional, dishonorable and unethical conduct. 8. The Board finds that the facts as established in paragraphs 2, 3, 4, 5 and 6, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(4), which prohibits gross malpractice, or a pattern of continued or repeated malpractice, ignorance, negligence or incompetence in the course of medical practice. 9. The Board finds that the facts as established in paragraph 4, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(5), which prohibits habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances or other drugs or stimulants in such manner as to adversely affect the person’s ability to practice medicine. 10. The Board finds that the facts as established in paragraphs 2 and 3, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(12), which prohibits dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to 3 cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition. 11. The Board finds that the facts as established in paragraph 4, which is incorporated by reference as those specifically set forth herein, establish the violation by the Respondent of TENN. CODE ANN. § 63-6-214(b)(18), which prohibits engaging in the practice of medicine when mentally or physically unable to safely do so. III. POLICY STATEMENT The Tennessee Board of Medical Examiners takes this action in order to protect the health, safety and welfare of the citizens of the State of Tennessee. IT IS, THEREFORE, ORDERED, ADJUDGED, and DECREED that: 12. The Tennessee medical license of Sheran Arden Yeates, license number 29597, shall be and is hereby PERMANENTLY REVOKED. 13. The Respondent is assessed four (4) Type A civil penalties in the amount of One Thousand ($1,000) Dollars each, for a total assessment of Four Thousand ($4,000) Dollars. 14. The Respondent shall pay the actual costs of prosecuting this matter, including the costs incurred during the investigation process. These costs will be established by an Affidavit of Costs prepared and filed by Counsel for the State. Such costs shall be paid by submitting a certified check, cashier’s check, or money order payable to the State of Tennessee, which shall be mailed or delivered to the Disciplinary Coordinator, The Division of Health Related Boards, Tennessee Department of Health, 3rd Floor, Cordell Hull Building, 425 Fifth Avenue North, Nashville, Tennessee 37247. A notation shall be placed on said check or 4 money order indicating that such payment is being made to in connection with the matter of Sheran Arden Yeates, M.D., Docket Number 17.18-063523A. ORDERED by the Tennessee Board of Medical Examiners this ________ day of ______________, 2005. ____________________________________ Board Chairperson Tennessee Board of Medical Examiners APPROVED FOR ENTRY BY: _______________________________________ Wilma T. James (BPR # 022136) Deputy General Counsel Office of General Counsel Tennessee Department of Health 26th Floor, Wm. Snodgrass Tennessee Tower 312 Eighth Avenue North Nashville, Tennessee 37247 (615) 741-1611 ENTRY OF ORDER This Order was received for filing in the Office of the Secretary of State, Administrative Procedures Division, and became effective on the _________ day of _________________, 2005. 5 ____________________________________ Honorable Charles C. Sullivan, II, Director Administrative Procedures Division RECONSIDERATION, ADMINISTRATIVE RELIEF AND JUDICIAL REVIEW Within fifteen (15) days after the entry of an initial or final order, a party may file a petition to the Board for reconsideration of the Final Order. If no action is taken within twenty (20) days of filing of the petition with the Board, it is deemed denied. T.C.A. § 4-5-317 (Supp. 2002). In addition, a party may petition the Board for a stay of the Final Order within seven (7) days after the effective date of the Final Order. T.C.A. § 4-5-316 (1998). Finally, a party may seek judicial review by filing a petition for review in the Chancery Court of Davidson County within sixty (60) days after the effective date of the Final Order. A petition for reconsideration does not act to extend the sixty (60) day period; however, if the petition is granted, then the sixty (60) day period is tolled and a new sixty (60) day period commences from the effective date of the Final Order disposing of the petition. T.C.A. § 4-5-322 (Supp. 2002). CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of this document as yet unsigned has been served upon the Respondent, Sheran Arden Yeates, by and through his counsel, Ramsdale O’DeNeal, Jr., Highland Law Office, 423 N. Highland, Jackson, Tennessee, 38301-5248, by placing same in the United States mail, 1st class, with sufficient postage thereon to reach its destination. 6 This ________ day of ____________, 2005. _______________________________ Wilma T. James Deputy General Counsel 7