LICEN IN THE MATTER OF THE LICENSE 0F FAIZ AHMED, M.D. On this the day Of the Texas State Board of Medical Examiner i matter of the license of Faiz Ahmed, M.D. appeared in person with counsel, Michael Compliance Proceeding in response to a DeLoach represented Board Staff. The Conference/Show Compliance Proceeding members of the Board. After the Informal Settlement Confer the Board's representatives and Board staf the matters addressed herein. Board staff Upon recommendation of the Boar the Board makes the following findings of forth herein: EN 1. Respondent, Faiz Ahmed 2. The Board has jurisdictior received all notice which may be required requirements have been satisfied under2 (hereinafter the By entering into thi notice and any further right to notice or heat? of Medical Examiners (22 TEX. ADMIN. CODE through .054; and the Rules of the Sta Chapter 187). G:iPhysicians\Faiz Ahmed 02-0313lAgreed Order BEFORE THE TEXAS STATE BOARD OF MEDICAL EXAMINERS . Board" or "the Texas Board"), duly in session the -- jFiondent"). On November 20, 2002, Respondent .2003, came on to be heard before invitation from the staff of the Board. Jean M. rp, at an informal Settlement Conference/Show was represented at the Informal Settlement E:i yiLee S. Anderson, MD, and Nancy M. Seliger, iShow Compliance Proceeding, Respondent and ged in further negotiations in an effort to resolve :I?epresented by Jean M. DeLoach. and with the consent of Respondent, conclusions of law and enters this Order as set FACT holds Texas medical license J-4683. I riilhe subject matter and Respondent. Respondent and by the rules of the Board. All jurisdictional Occ. CODE ANN. Subtitle (Vernon 2002), gt?ieed Order. Respondent waives any defect in the under the Act; Tex. CODE ANN. [102001.051 PAGE 1 OF 8 3. Respondent is not certified primarily engaged in the practice of neurolo- 4. Respondent is 50 years of a 5. Respondent has been licens; 6. Respondent has entered n} .- Section 164.002 the Act. 7. Patient C.Y., a 26 year old i i her breasts on two occasions in 2002 while. 8. Patient J.F., a 33 year old it her breasts on two occasions in 1999 whi ef 9. In 1993 and 1994. nine pa1' a. Patient R.A.M.. inappropriately to physical examine b. Patient M.E.F.. . inappropriately fo' physical examira: c. Patient D.R.C. inappropriater fo hospital setting. a. her breasts on on his office. e. Patient 0.9., a is: iibecasion while performing-a physical examination-in her breasts'on his office. f. The parents offi- Respondent inap performing a pity 9. Patient P.A.M.. inappropriately performing phy si Ahmed 02-OSi3tAgreed Order l-I- (D on one of those 0 be %American Board of Medical Specialties, but is ipractice by the Board for approximately 9 years. is: Agreed Order pursuant to the provisions of A .. ialleged thatRespondent inappropriately fondled rming physical examinations in a hospital setting. rilial'eged that Respondent inappropriately fondled- iprming physical examinations in his office. {llieged improper examinations by Respondent: . year old female. alleged that Respondent her breasts on one occasion while performing a his office. :jyear old female, alleged that Respondent up, 3 her breasts on two occasions while performing it his office. year old female, alleged that Respondent her breasts on two Occasions and her perineum ibns while performing physical examinations in a l. lie 3: alleged that Respondent inappropriater fondled far-Isisasion while performing a physical examination In alleged that Respondent inappropriater fondled Y.Y.C., a 7 year old female. alleged that riately fondled her buttocks on one occasion while ia'?iirexamination in their presence in his office. year old female. alleged that Respondent her breasts and perineum on two occasions while PAGE 2 OF 8 Patient M.C.. inappropriately f0 physical examinat: i. Patient P.S., inappropriately fo physical examinat 10. were filed against the Respondent. A ju Based upon the allegation Respondent was found not guilty. 11. Based upon the allegation Y.Y.C., P.A.M.. M.C., and P.S., civil suit was dropped by the Plaintiff and the suit remaining seven was tried to a verdict in the Respondent. 12. Methodist Willowbrook Hospital were su 2002, the Medical Executive Committee recommended termination of his privileges Scient's privileges were reinstated on May 22. 2002, gs.2oo2.' between the hospital and Respondent, and he resigned from those privileges or ?13. Prior to the entry of this evaluation from a forensl Department of and Behavioral Based upon the allegation i 14. This evaluation concludec t- who would sexually exploit or abuse his re 15. Respondent asserts that h_ occasionally misinterpreted by patients an i order to cooperate fully with the Board and comply with the terms and-conditions set of Texas the time, expense, and unoerts' 0 Ahmed O2-0813lAgreed Order fo by patients RAM and M.E.F., criminal charges t? -- [Bjiyear old female. alleged that Respondent le?iiher breasts on one occasion while performing a his office. iyear female, alleged that Respondent iher breasts on three occasions while performing his office. files conducted in Hidalgo County, Texas, and the i nine patients R.A.M., M..E.F., D.R.C.. R.J., C.B., against the Respondent. The suit by Y.Y.C. was dismissed by the. court. The case of the County, Texas, and thejury found in favor of fipatient C.Y.. Respondent?s staff privileges at 3' ily?suspended on March 13, 2002. On March 20, ihUed Respondent?s suspension indefinitely and Eaccordance with a mediation agreement reached 1 on January ?14, 2003. Respondent obtained a iychiatrist end a on the faculty of the I. at Baylor College of Medicine. Efurther proceedings. ioNs OF LAW PAGE 3 OF 8 Based on the above Findings of Ft 1. Respondent is subject to di Act based on Respondent?s commission 2. Respondent has committedi Section of the Act based upo - deceive or defraud the public or injure the p- 3. Respondent is subject to .dis: Actby being removed, suspended,orsub'. - a local, regional, state or national professi licensed hospital or medical staff of a hos privileges, or other disciplinary action. include unprofessional conductor profes id the actions were appropriate and reason Section 164.002(a) of the . 4. of this matter through an Agreed Order. 5. Section 164.002(d) of th agreement under the Texas Rules of Evi 6. Respondent's license. 7. Section 164.101 of the A canceling, or suspending a license. Based on the above Findings of Respondent's Texas license is hereby Respondent is placed on PROBATION from the date of the signing of this Agree -: ri 1. Respondent shall not see,E treatment to female patients. 3 2. If Respondent desires to Texas, Respondent shall request permissi' 'c to orally petition for permission to resum and information which, in the discretior G:\thsicianstFalz Ahmed 02-0313tAgreed Order Sections 164.001 and . . - it it. Board concludes the following: action pursuant to Section 164.051 of the prohibited under Section 164.052 of the Act. iOhibited act or practice within the meaning of rofessional or dishonorable conduct that is likely to action pursuantto Section of the jisciplinary action taken by Respondent?s peers in edical association or society; or is disciplined by a eluding removal, suspension, limitation of hospital is for removal, suspension or disciplinary actions incompetence that was likely to harm the public, and pported by evidence submitted to the Board. iiorizes the Board to resolve and make a disposition {grovides that this Agreed Order is a settlement for purposes of civil litigation. i101 of the Act authorize the Board to suspend Iiiorizes the Board to probate an order revoking, ole-DER F: ,shd Conclusions of Law, the Board ORDERS that however, the suspension is STAY-ED and i?liefollowing terms and conditionsforten (10) years by the presiding officer of the Board: mine, diagnose or otherwise provide any care or eithe care and treatment of females in the state of . ldo so in writing, personally appear before the Board ipractice and care, and provide sufficient evidence :t?e Board, adequately indicates that Respondent is PAGE 4 OF 8 physically. mentally. and otherwise comp gr; evidence and information shall include at a. That Respondent unde certified appro Board based on the evalu qualifications, area of spec certifications and training Respondent shall submit ir names and practice addres to conduct the complete ne. copy of this Order to the b. The propensity, if any, to act as impulse control. Upon an adequate showing before the Bi treatment to female patients, Responder Texas under such terms and conditions to adequately protect the public. 3. panel of Board representatives, upon writt Respondent shall persona file with the Board at least ten (10) calen appearances shall be for the purpose Respondent's compliance with the terms 4. To verify that Respondent conditions of this Order, Respondent at including but not limited to, Board attorn other such employees or agents of the monitoring associated with Respondent required by this paragraph and the terms againstRespondent pursuant to the Act. 5. facilities, and other health care entities wl Respondent shall give a applies for privileges or otherwise pract Ahmed 02-0313iAgreed Order as osafely resume such practice and care. Such um, but shall not be limited to the following: . fomplete evaluation by a Board dvance in writing by the Executive Directorof the i 'hysician's licensure status and history, general request approval of the evaluating physician, the Director of Compliance of the Board the :5 least three physicians who are willing and able ychiatric evaluation. Respondent shall provide a physician. shall include assessment of Respondent?s f'ial predator and any difficulties he may have with at Respondent is able to safely provide care and _-s_ibe granted permission to see female patients in eiBoard inits discretion determines are necessary ear before the Board, a committee of the Board, or quest mailed to Respondent's last known address on '5/5 before the requested appearance date. Such "porting on and addressing issues related to i hiplied with and is in compliance with the terms and cooperate with the Board and the Board staff, estigators, compliance officers, consultants, and "l his Order to all hospitals, nursing homes. treatment iin any way involved in investigation, review, or :pliance with this Order. Failure to cooperate as I .rder shall constitute a basis for disciplinary action Spondent has privileges, has applied for privileges, PAGE 5 OF 8 6. Respondent shall ensure th through any means to Respondent or Resp licensure status are answered by accurate 7. provide a complete and legible copy of this da'ys of the request. 8. with the Board, or for any period during wi' nonpayment of licensure fees. Respondent shall immediately notify the E30 from and subsequent return to Texas. Respondent's relicensure, Respondent shal the period of time remaining on the Orderw. retired, or had his or her license cancelled for reinstatement or renewal of a license so 9. Respondent shall comply regulating the Respondent's practice, as 10. mailing address within ten (10) days of the Respondent pursuant to the Act. 11. Any violation of the terms, shall constitute unprofessional conduct public, and shall constitute a basis for disct g; to the Act. 12. opportunity for amendment, except for cl The above-referenced cc Order. if, after the passage of the 12mon termination of these conditions, Respon inquire into the request and may, in its so. appeal or review. Petitions for modifying G:iPhysiclans\Faiz Ahmed 02-0313\Agreed Order If Respo Upon request by any person a The time period of this Ord Respondent subsequently resides or practic . Respondent shall inform the change. This information shall be submitted to the Permits Department and the Director i information in a timely manner shall constit": l' I eotint's employees regarding Respondent's Texas 5 is} I. *1 oilitside the State of Texas, is in official retired status it fleaves Texas to live or practice elsewhere, jnquiries which are made by any person or entity - ?nes to this Order. e'ijiritity, either orally or in writing, Respondent shall - to the requesting party within ten (10) calendar all be extended for any period of time in which spondent's license is subsequently cancelled for ri?writing of the dates of Respondent's departure ?Respondent?s return to practice in Texas or squired to comply with the terms of this Order for tespondent left the practice of medicine in Texas. hpayment of licensure fees and shall pay all fees the period of extension or tolling. ill? the provisions of the Act, and other statutes .. lred by law. rpin writing of any change of Respondent's office or pimpliance for the Board. Failure to provide such Frbasis for disciplinary action by the Board against I. .?ilpns, or requirements of this Order by Respondent deceive or defraud the public, and to injure the i action by the Board against Respondent pursuant in drafting, for 12 months following entry of this "irlod, Respondent wishes to seek amendment or gay petition the Board-in writing. The Board may idretion, grant or deny the petition without further JAIL iriinating may be filed only once a year thereafter. PAGE 6 OF 8 RESPONDENT WAIVES ANY FURTHER COURT IN REGARD TO ALL TERMS i; 3L ORDER. RESPONDENT AGREES THAT THIS IS THIS ORDER IS A PUBLIC RECORD. OR APPEALS TO THE BOARD OR TO ANY i CONDITIONS OF THIS AGREED ORDER. 1. ii i: I, AHMED, M.D., HAVE REA MIID UNDERSTAND THE FOREGOING AGREED I: ORDER. I UNDERSTAND THAT BY SI I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER IREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE. I 5.: DATED: flops. I i1. I IAIjzf- AHMED, M.D., . RESPONDENT STATE OFTWB COUNTY OF BEFORE ME, the undersigned Agreed Order, and who after being by me all purposes expressed therein. Given under my hand and official SYLVIA RAMIREZ MY . February 19. 2006 Isl-G:\Physicians\Faiz Ahmed 02-0313\Agreed Order I I I Public, on this day personally appeared FAIZ AHMED, M.D., known gworn, on oath, stated that he executed the same for I office this FOIL I day of 2003. iIIvhose name is subscribed to this instrumentWary RAID II, . i OF 8 t? 02/03/2003 18:48 FAX 5124738525 Ila-F: SIGNED AND ENTERED by the Examiners on this day of i _i -gas?tn teenos. P.C. [?1009 $Li?in of?cer of the Texas State Board of Medical r? .2003. n. MD.I President tc'as State Board of Medical Examiners -Resp.ondent?s compliance with the terms and conditions of the "Order. LICENSE N0. 1-4683 IN THE MATTER OF BEFORE THE THE COMPLAINT AGAINST TEXAS STATE BOARD OF FAIZ AHMED, MD. . MEDICAL EXAMINERS ORDER DENYING MODIFICATION On the 8th day of October, 2004, came on to be heard before the Texas State Board of Medical Eiraminers' (the ?Board?), duly in session, the matter of the license of Fair: Ahmed, M.D., (?Respondent?). . On August 23, 2004, Respondent appeared in person, with counsel Michael Sharp, before Representatives. of the Board to petition the Board for modi?cation of an Agreed Order (?Order?) entered on February 7, 2003, pertaining to Respondent?s Texas medical license No. - 4683, "a copy of which is referred to and incorporated herein, and to address issues related to I The Board?s Representatives were Patricia Blacknell, a member of the Board, and Buddy Siebenlist, M.D., a member of the District Review Committee. After consideration of the recommendation of the Board?s Representatives, the Board makes the following Findings of Fact and Conclusions of Law and enters this Order. FINDINGS OF FACT The Board A. Prior Disciplinary History: 1. On February 7, 2003 Respondent'entered into-an'Agreed Order for ten years due to Respondent?s performing inappropriate physical examinations on nine female patients. Eight of - the patients alleged that the Respondent inappropriately fondled their breasts during a physical examination. The allegations of these eight patients were tried in civil court and Dr. Ahmed was found not guilty by the enurt. The allegations of two of the eight'patients were also tried in criminal court and there also Dr. Ahmed was found not guilty. The parents of the ninth patient, a seven-year-old, allegedthe' Respondent inappropriately fondled her buttocks, This caseneyer Page 1 MB Pages I went to court becauSe the matter was found to have no merit and was dmpped. As a result of these same allegations, the Respondent agreed to an Order with the Board on February 7, 2003 under the following terms and conditions: Not to see, examine, diagnose or otherwise provide any care or treatment to female patients; if Respondent desired to resume the care and treatment of females in the state of Texas, Respondent agreed to seek permission to do so in writing, personally appearing before the Board to orally petition for permission to resume such practice - and care, and provide suf?cient evidence and information which, in the discretion of the Board, adequately indicates Respondent?s physical, mental and otherwise competence to safely resume such practice and care; to appear before the Board with a ten calendar day notice; to fully cooperate with the Board and Board staff; to give a copy of the February 7, 2003 Order to all hospitals, nursing homes, treatment facilities, and other health care entities where Respondent has privileges, applies for privileges or otherwise practices; to ensure that any-inquiries which are made by any person or entity through any means to Respondent or Respondent?s employees regarding Respondent?s Texas licensure status are answered by accurate reference to the February 7, 2003 Order; to provide a complete and legible copy of the February. 7, 2003 Order to the requesting party within 10 calendar days; to comply with all provisions of the Act, and other statutes regulating the Respondent?s practice as is required by law and to inform the Board in writing of any change of Respondent?s of?ce or mailing address within ten days of the address change. B. Status of Compliance with Current Order as of August 23, 2004: a. Respondent has served approximately one year and eight months of a ten-year Order. Respondent is not currently practicing medicine. - c. Respondent is not in violation of the provisions of the Order. d. Respondent completed the required examination and was found to be free of any illness. C. Recommendation: Based on the above Findings of Facts and information available at the hearing on August 23, 2004," the Board?s Representatives recommended that ReSpondent?s petition for modi?cation be granted. Page 2 of3 Pages D. Decision .of the Board: after review of the Respondent?s entire record and discussion in open session, the Board voted unanimously to deny the Respondent?s request for modi?cation of the Agreed Order of February 7, 2003. Concerns raised included the fact that the Respondent is not currently practicing medicine and that he had only been under his ten-year Agreed Order for one year and eight months on the date of the panel's I consideration of his petition for modi?cation of the Order. CONCLUSIONS OF LAW Based on the above Findings of Fact, the Board concludes that: l. The Board has jurisdiction over this matter and Reapondent pursuant to the Act. 2. 22 ADMIN. CODE ?187._43 authorizes the Board to consider petitions for Modi? cationx?Termination of Agreed Orders and Disciplinary Orders. ORDER Based on the available information, the above Findings of Fact and Conclusions of Law, the Board ORDERS that Respondent?s petition for modi?cation is hereby DENIED. THIS ORDER IS A PUBLIC RECORD. SIGNED AND ENTERED by presiding of?cer of the Texas State Board of Medical Examiners on this day of [2w . 2004. C- 7 Lee?s. An?jxso?, M.D., Presiden Texas State Board of Medical Examiners Page 3 of3 Pages LICENSE IN THE MATTER OF - I I BEFORE THE THE-LICENSEOF II TEXAS m2 MD. - . . MEDICAL . QRDER 2005; came 0n tobe heardbbefcrerthe' Board of Medical Examiners (the "tBoard?), duly session, the matter-Of the-license- a F9212 Ahmed-,MD. (?Respondent?). I I On April-26, appeared .iinrperson; counsel, before representatives?- of the" Board for reconsiderationof. a propos?d' modi?cation request __.that Was denied by the an Board-on October 8-, 2004. Theomer that-despondent is attached and incorporated by reference. oy'ee E. Smith repr?Sented' Board staff; T-he Board?s- representatives were 0f the-Board, ajniernber of . the: District Upon; the recommendation the BOard?s repreSent-ative'snthe Beard makes the following Findings of Fact and Co?ncl?sions (if-Law and enters-?thieiijder, - Dr CT. The Board ?nds that: A. Prior Disciplinary History: on February 2003, the Bearded-entered into a tenayear? Agreed -_rder - With? I. "RESPondent.- 23 - - 2. - onsoctober 8;;2004 the Board-denied Status er: Compliancei'-Withl'current= Ordergasofapril 2005 . Respondent is in compliance 7-, 2003, Agreed. order. C. Recommendation::Based on-th'e above-Findings of Eact hearing on 26,- 2005, representatiives request-be denied as premature. G: Fat: 03-03 77Wody?ica?on denied 2005.doc - - a Binge-3.1 2.. CONCLUSIONS OF-LAW Based on the above Findings .Of Fact, the'Board concludes that: 1. The Board has jurisdiction over this matterand Respondent Ipursuant'to the Act. 22 TEX. ADMIN. CODE ?187.43' authorizes the 5; Board to consider . Modi?cation/Termination of Agreed Orders-and Disciplinary orders. 3; Section 164.002(a) of the Act 2 authorizes the? Board to resolve make a disposition of this matter through an Agreed Order. I Based on available information, the above-Findings of Fact, Conclusions of Law and the recommendations of the Board?s representatives, 'the'Board that Respondent?s petition for modification-is hereby DENIED. I THIS IS A PUBLIC ORDER. SIGNED AND. ENTERED by the presiding of?cer of ithe' Texas State Board-of Medical 42005. I Eiaminers on this day of . . Lees. . President, Texas State Beard of Medical Ex-aminers G: Faiz 03-03771Mod?ca?on denied 2005.doc . . 1 page 2. of; LICENSE NO. IN THE MATTER-OF BEFORE THE - . . THE. LICENSE TEXAS STATE-BOARD .. FAIZ AHMED, M.D. OF MEDICAL EXAMINERS On this-the - day Of? the Texas State Board of Medical Examiners ("the Board" or "the-Texas Board"), duly iniisession the matter of the license of Faiz Ahmed, M.D., ("Respondent"). (Du-November 20. 2002, Respondent appeared in person with counsel, Michael R. Sharp. at an Informal-Settlement Confe?IirenjcelShow Compliance Pro?eedling in response to a letter ofinvltation from the staff of the Board. Jean. M. DeLoac'h represented Board: Staff. The Board was represented at the: informal" Settlement Conference/Show Compliance Proceeding by Lee-S. Anderson. and l?N-ancy?ij. .Seli'ger. members of the Board. I After thelnformal Settlement Conference/Show Compliance Proceeding. Respendentrandg- the Board's-repre'sentatives and Board staff engaged. in furtherinegotiatlons in an effortth reeolve I the matters addressed herein. Board staff was-represented by Jean M. DeLoach. I Upon-recommendation of the Board?s representatives and with the consent of Respondent, the Board makes the following findings" of fact and conclusions of- law and'enters this "Order as set' forth herein: I FINDINGS-OE FACT 1. Respondent, Faiz Ahmed. Texas m?edica'l license $46832";- . 2. The Board has jurisdiction over the sdbject matter-and: Respondent. "ii-Respondent received all notice which may be required by Iawi.-and by the rules-of the Board; 'All jurisdictional requirements have been Satisfied under TEX. 'Occ. ANN. Subtitle (vernon?ZOOz). _(hereinafter the Byentering into this Agreed Order. Respondent waives notice and any further right tonotice or hearing-under the Act; Gov?T CODE through-.054: and-the- Rules of the State-Board of Medical?Examiners (22 ADMIN.-. CODE Chapter 187). - Ahmed 0290313tAgreed Order PAGE 1_ OF 3 . (2003. came before I 3. - Respondent is not certified by the American Board of Medical Specialties, but is primarily engaged in the practice of neurology. 4. Respondent is 50 years of age. 5. Respondent has been licensed to practice by the Board for approximately 9 years. - 6. Respondent has entered into- this Agreed Order pursuant to the'provisions of Section 164.002 the Act. . I Patient C.Y., a 26 year old female, alleged that Respondent inappropriately fondled her breasts on two occasions in 2002 while performing physical-examinations in a hospital setting. 8. Patient J.F.. a 33 year old female, alleged that Respondent inappropriately fondled her breasts on two occasions in 1999 while performing physical examinations in his office. I 9. In 1993 and-1994, nine patients alleged improper examinations by Respondent: a. Patient R.A.M., a 29 year old female. alleged that Respondent inappropriately fondled her breasts on one occasion while performing a physical examination in his office. b. Patient M.E.F., a 15 year old female, alleged that Respondent inappropriately fondled her- breasts on two occasions while performing physical examinations in his office. I 0. Patient D.R.C., a 15 year old female, alleged that Respondent . I inappropriately fondled her breasts on two occasions and her-perineum on meet those occasions while performing physical examinations in-a hospital setting. I d. Patient R.J., a female. alleged that Respondent inappropriately- fondled her breasts on one occasion while performing a physical examination in his office. e. Patient 0.8.. a female, alleged that Respondent inappropriatelyfondled her breasts on oneoccasion while performing" a physical examination in his office. f. The. parents of Patient Y.Y.C., a: 7 year old female. alleged that Respondent inappropriately fondledgher buttocks on one occasion while . performing a physical examination in their presence in his office. 9. Patient P.A.M., a 27 year old female, alleged that Respondent inappropriately fondled her breasts and perineum on two occasions while performing physical examinations in a hospital setting. G:\PhysioianstFaiz Ahmed Order . PAGE 2 0F 8 h. Patient M.C.. a 43 year old female, alleged that Residendent a inappropriately fondled her. breasts on one occasion while a physical examination in his office. .I I i. Patient P.S., a 30 year old female, alleged- that Respondent inappropriately fondle-d'her breasts on three occasions whileperforrning 3 physical examinations in his office. I 10. Based upon the allegations made bypatientsRAM; and M.E.F., criminal charges were filed against-the Respondent. A jury trial wasconducted in Hidalgo County, Texas. and the Respondent was found not guilty. . . . . 11. Based'upon the allegations made by'nine patients R.A.M.. M.E.F., R.J.. C.B.. Y.Y.C., P.A.M., M.C.1 and P.S., civil suits were filed against the Respondent. The-suit by Y.Y.C. was dropped by the Plaintiff and the suit by was dismissed by the. court. Thes'c-ase of the remaining seven was tried to a verdict in A Hidalgo County. Texas, and the juryfound-in- favor of the Respondent. . I 12. Based upon the allegations of patient C.Y., Respondent?sstaff privilegesat Methodist Willowbrook Hospital were summarily suspended on March 13. 2002. On March 20. 2002, the Medical Executive Committee continued Respondent?s suspension-indefinitely and recommended termination of his privileges. In accordance with a mediation agreement reached - between the hospitaland Respondent, Respondent's privileges were reinstated on May 22,2002. and he resigned from those privileges on May 23, 2002. 13. Prior to the entry of this Order, on January 14, 2003, evaluation from a forensic psyohiatrist and a on the faculty of the Department of and Behavioral College of Medicine. 14. This evaluation concluded that Respondent is a?not a sexual predator or-a physician who would sexually exploit or abuse his female "or male patients. 15. Respondent asserts that-he provides thorough neurological examinations that-area occasionally misinterpretedby patients-and denies any intentional violation of the Act; however, in order to cooperate fully with the Board and to address the Board?s concerns; Respondent-agreesto comply with the terms and conditions set forth herein, thereby saving the Respondent-and of Texas the-time, expense, and uncertainty oft-further proceedings. CONCLUSIONS or LAW Ahmed Order Based on the above Findings of'Fact, the Board concludes the following: 1. Respondent is subject to disciplinary action pursuant to Section 164.051 of th Act-based on Respondent's commission of'an act prohibited under Section 164.052 of the Act. 2. Respondent has committed a prohibited act or practice within the meaning .of - Section of the Act based upon unprofessional or dishonorable conduct that islikeiy to. deceive or defraud the public or injure the public. 3. Respondent i'ssubject to disciplinary action pursuant to Section ofthe Act by being removed, suspended, or subject to disciplinary actiOn taken by Respondent?s peers in a local, regional. state or national professional mediCal association or society; or is disciplined by a licensed hospital or medical staff of a hospital, ineluding removai, suspension, limitation .of hespital privileges, or other disciplinary action. Causes for removal; suspension or disciplinary actions include unprofessional conduct or professional incompetence that was likely to harm-the public, and theactions were appropriate and reasonably supported by evidence submitted to the Board. 4. Section 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order. . 5. Section 164.002(d) of the Act prevides that this Agreed Order is a: settlement agreement under the Texas Rules of Evidence for. purposes of? civil litigation. 6. Sections 164.001 and 164.001 of therAct authorize the Board to suspend Respondent's license. . 7. Section 164.101 of the Act authorizes the Board to probate an order revoking. canceling, or suspending aflicense. ORDER Ba-Sed on the above Findingsof Fact and Conclusions of Law, the Board ORDERS that Respondent's Texas license is hereby however, the suspension is STAYED and Respondent-is placed. on PROBATION underthe following terms and conditions for ten (10) years I from the-date of the signing of this Agreed Order by the presiding officer of the Board: Respondent shall not see. examine, diagnose or otherwise provide any care or treatment to:- female patients. I I 2. If Respondent desires to resume the-care and treatment of females ln-the state of Texas, Respondent shall request permission to do so in writing, personally appear before the Board to orally petition for permission to resume such practice and care, and provide sufficient evidence and information which, in the discretion of the Board, adequately indicates that'R-esoondentis GiiPhysiciansiFaiz Ahmed 02-0313iAgr-eed Order PAGE-4 3 physically, mentally, and otherwise competent tosafely resume such practice and care} Such evidence and information shall include at a minimum, but shall not be limited to the following: a. That Respondent undergo a complete evaluation by a Board certified approved in advance in writing by the Executive Director-Of the Board based on the evaluating physician's Iicensure status and history, general qualifications, area of specialty, business affiliation with Respondent, certifications and training. To request approval of the evaluating physician, Respondent shall submit in writing tothe Director of Compliance of theBOard the names and practice addresses of atleast three physicians who are willin_'gand able to conduct the complete evaluation. Respondentshall-previde a copy of this Order to the evaluating physician. The evaluation shall include assessment of Respondent?s propensity, if any, to act as-a sexual predator and any difficulties he may-have with impulse control. Upon an adequate showing before the Board that Respondent is able to safely provide Care and treatment to female patients, Respondent shall be granted permission to see female patients in Texas under such terms and conditions which the Board in its discretion determines are necessary to adequately protect the public. I 3. Respondent. shall personally appear before. the Board, a committee of the Board, or panel of Board representatives, upon written request mailed to Respondent's last known address on file with the Board at least ten (10) calendar days before the requested appearance date. Such appearances shall be for the purpose of reporting on and addressing issues related to Respondent's compliance with the termS'and conditions of thisiOrder. 4. To verify. that Respondent has complied with andfis in compliance with theatermsand conditions of this Order, Respondent shall fully cooperate with the Board and the Board staff, including but not limited to, Board attorneys, investigators, compliance-officers, consultants, and other such employees or agents of the Board-in-any way involved in or monitoring associated with Respondent's cempliance with'this Order. Failure to Cooperate-as required by this-paragraph and the terms of this Order shall'constitute a basis for disciplinary action against Respondent pursuant to the Act. 5. I Respondent shall give a copy of this Order to allhospi-tals, nursing homes, treatment - facilities, and other health care entities where Respondent has privileges, has applied for privileges, applies for privileges, or otherwise practices. Ahmed 02-031'3iAgr'eed Order 5 or: a 6. Respondent shall ensure that any inquiries which are maide by any person or entity through any means to Respondent or Respondent's employees regarding Respondent's Texas licensure status are answered by accurate reference to this Order. 7. Upon request by any person or entity, either orally or in writing, Respondent shall provide acomplete and legible copy of this Order to the requesting party within ten (10) calendar I days of the request. I 8. The time period of this Order shall be extended for-any period of time in which Respondent subsequently resides or practices outside the State-of Texas, is in official retired status with the Board. orfor any period during which Respondent?s license is subsequently cancelled for nonpayment of licensure fees. If Respondent leaves Texas to live or practice e?lsevvhere, shall Immediater notify the Board in writing of the dates of Respondent's departure from- and subsequent return to Texas. Upon Respondent's return to practice in. Texas or Respondent's relice-nsure, Respondent shall be required to comply with the terms of this Ord'erfor the period of time remaining on the Ordervvhen Respondent left the practice of medicine. inTexas, retired, or had his or her license cancelled for nonpayment of Iieensure fees and shall pay-all fees for reinstatement or renewal-of a license covering theperiod of extension or tolling. 9. Respondent shall comply with all the provisions of the'Act, and other statutes regulating the Respondent's practice, as is required by law. I . 10. Respondent shall inform the Board in writing of'a'ny change of Respondent's of?ce or mailing address within ten (10) days of the address change. This information shall be submitted to the Permits Department and the Director of Compliance for the Board. Failure to prevld'e such information in a timely manner shall constitute a basis for-disciplinary action by the Board-against Respondent pursuant to the Act. 11. I Any violation of the terms, conditions, er requirements of this Order by-Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, and -to-_-injure the public, and shall constitute a basis for disciplinary action by the-Board against Respondent pursuant tomeAm. 12. The above-referenced conditions shall continUe .in full force and effect without. opportunity for amendment, except for clear error in-dr-afting, fer 12 months folloWing. entry of this - Order. If, after the passage of the 12month.peri0d, Respondi?nt wishes to seek amendment or. termination of these conditions, Respondent may petition the Board in writing. Thei-Board-may inquire into the request and may, in its sole discretion, grant or deny the petition w'ith'outfurther- appealor review. Petitions for modifying or terminating may-be filed only Once a year thereafter.- G:\Physicians\Faiz Ahmed 02-O313iAgreed Order FAGE 6 a RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD TO ALL TERMS AND CONDITIONS OF THIS AGREED ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER. THIS ORDER IS A PUBLIC-RECORD. I, AHMED, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING. I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NOOTHER AGREEMENTOF ANY KIND. VERBAL, WRITTEN OR OTHERWISE. DATED: 2003. I June-ave '5 AHMED. M.D.. RESPONDENT STATE COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared FAIZ EJESEZ AHMED. M.D., known to me to be the person whose name to this instrumentan .Agreed Order, and who after being? by me duly sworn, on oath, stated that he executed-the samefor clay of all purposes expressed therein. Given under my hand and official seal and office this 111:4 . 20.03. GAPhysIciansIFaIz Ahmed 02-0313IAgreed Order . PAGE 7 OF 02/00/2003 16:48 FAX 5124738525 I SHARP 8: 00305. P.C. 009 .I SIGNED AND ENTERED by the presiding of?cer of the Texas State Board of Medical Examiners on day of F??mayc/ .2003. 151571. MD. President Texas State Board of MedicalExamlners LICENSE NO. J-4683 IN THE MATTER OF BEFORE THE THE LICENSE OF . FAIZ AHMED, MD. I TEXAS MEDICAL BOARD ORDER GRANTING MODIFICATION On the 5252?; day of 2006, came on to be heard before the Texas Medical Board (the ?Board?), duly in session, the matter of the license of Faiz Ahmed, MD. (?Respondent?). On August 11, 2006, Respondent appeared in person, with counsel Michael Sharp, before Representatives of the Board to petition the Board for modi?cation of an Agreed Order (?Order?) entered on February 7, 2003, a copy of which is referred to and incorporated herein, pertaining to Respondent?s Texas medical license No. J-4683, and to address issues related to Respondent?s compliance with the terms and conditions of the Order. Oscar San Miguel represented Board staff. The Board?s Representatives were Timothy J. Turner, a member of the Board, and Janet Tornelli-Mitchell, M.D., a member of a District Review Committee. Upon the recommendation of the Board?s Representatives, the Board makes the following Findings of Fact and Conclusions of Law and enters this Order. FINDINGS OF FACT The Board ?nds that: A. Prior Disciplinary History: 1. In 1993 and 1994, numerous female patients accused the Respondent of having touched them inappropriately while he examined them. Several of these woman ?led criminal charges, none Of which upon trial resulted in a guilty verdict. Several of the women also brought civil suits, but none of the plaintiffs prevailed in trial, nor did the Respondent settle any of them. Nonetheless, because of the allegations, Respondent?s privileges were suSpended inde?nitely at Methodist Willowbrook Hospital in Hidalgo County. Through a mediated settlement, Respondent was allowed to resign his privileges there. G:\Physicians\Ahmed, Faiszod of 2003 ABO-doc Page 1 of 3 Pages 2. On the basis of the allegations and the hOspital?s peer review action,-on February 2003, the Board entered an Agreed Board Order with the Respondent underthe tenns and conditions of which he was prohibited from seeing female patients. 3. On October 8, 2004, Respondent appeared before Board representatives at an ISC, who found that he was in compliance with his Order, was not practicing, that he had undergone a forensic evaluation by a Board approved which included a repOrt expressing a professional opinion that Respondent did not have a propensity to act as a sexual predator or dif?culty controlling impulses. The Board representatives recommended modifying the Order. However, the representatives who had made the original recommendation limiting Respondent?s practice spoke convincingly at the Board meeting, and the Board voted against the modi?cation. 4. On April 26, 2005, the Respondent appeared for a second time before Board representatives requesting modi?cation of the Board Order. Again, the request was denied. B. Status of Compliance with current Order as of August'i 1, 2006: 1. Respondent has completed three years and seven months of his ten-year Order. 2.. Respondent is in compliance with the terms and conditions of the Order. a. Respondent has now presented himself, at his own expense, for two exhaustive and two evaluations to assist the Board in arriving at a level of assurance that Respondent is physically, mentally and otherwise competent to resume care and treatment of female patients. I b. Respondent has been c00perative with the Board and the Board staff. I c. Respondent has been working at the Southwestern Institute of Neurology in Mesquite, Texas since February, 2005, where he examines males patients only. d. Recommendation: Based on the above indings. of Facts and information available at the hearing on August 11, 2006, the Board?s Representatives recommended that Respondent?s petition for modi?cation be granted. I CONCLUSIONS OF LAW Based on the above Findings of Fact, the Board concludes that: G:\Physicians\Ahmed, aizhnod of 2003 ABO.doc Page 2 of 3 Pages l. The Board has jurisdiction overthis matter and Respondent-pursuant to the Medical Practice Act, Title 3, Subtitle B, Texas Occupations Code (the 2. 22 TEX. Axum. Conn ?1s7.43 authorizes the Board to consider petitions for Modi?cation of Agreed Orders and Disciplinary Orders. Based on the available information, the above Findings of Fact and Conclusions of Law," and the recommendation of the Board?s Representatives, the Board ORDERS that Respondent?s petition for modi?cation is hereby granted. l. The Order is hereby MODIFIED as follows: a. In the Order section of the Order, Paragraphs 1-3, and 5-7 shall be deleted, and the following language shall replace Paragraph 1: ?Anytime Respondent performs a physical examination on a- female patient, Respondent shall have a chaperone who is able to observe Respondent directly present in the room during the examination of the patient. Respondent shall make a notation on the patient's chart indicating that a chaperone was present, and Respondent shall ensure that the chaperone initials the entry made by Respondent to indicate that the chaperone was present-and observed the examination or treatment.?- 2. All other provisions of the Order remain in full force and effect until superseded by subsequent Order of the Board. THIS ORDER IS A PUBLIC RECORD. SIGNED ENTERED by the presiding of?cer of the Texas Medical Board on this 2 5-714 day of 4445i 2006. "Do 4?51 Roberta? M. Kalafut, D.O., President Texas Medical Board G:\Physicians\Ahmed, Faizimod of 2003 ABO.doc Page 3 of 3 Pages LICENSE NO. J-4683 IN THE MATTER OF BEFORE THE THE LICENSE OF TEXAS STATE BOARD montage-tom FAIZ AHMED, M.D. OF MEDICAL EXAMINERS AGREED ORDER If On this the clay of I 2003' came on to be heard before the Texas State Board of Medical Examiners ("the Board" or"the Texas Board"), duly in session the matter of the license of Faiz Ahmed, M.D., ("Respondent"). On November 20, 2002, Respondent appeared in person with counsel, Michael R. Sharp. at an Informal Settlement ConferencelShow Compliance Proceeding in response to a letter of invitation from the'staff of the Board. Jean M. DeLoach repreSented Board Staff. The Board was represented at the Informal Settlement ConferenceIShow Compliance Proceeding by Lee S. Anderson, M.D., and Nancy M. Seliger, I members of the Board. I Afterthe Informal Settlement ConferenceIShow Compliance Proceeding, Respondent and the Board?s representatives and Board staff engaged in further negotiations in an effort to resolve the matters addressed herein. Board staff was represented by Jean M. DeLoach. Upon recommendation of the Board?s representatives and with the consent of Respondent, the Board makes the following findings of fact and conclusions of law and enters this Order as set forth herein: FINDINGS OF FACT 1, Respondent, Faiz Ahmed, MD, holds Texasmedical license J-4683. I 2. The Board has jurisdiction over the subject matter and Respondent. Respondent received all notice which may be required by law and by the rules of the Board. All jurisdictional requirements have been satisfied under TEX. OCC. CODE ANN- SUtht'e 3 (Vernon 2002).- (hereinafter the By entering into this Agreed Order, Respondent waives any defect in the notice and any further right to notice or hearing under the Act; TEX. CODE ANN. 002001.051 through .054; and the Rules of the State Board of Medical Examiners (22 TEX. ADMIN. CODE Chapter 187); Ahmed 02-0313tAgreed Order PAGE 1 OF 3 3, Respondent is not certified by the American Board of Medical Specialties, but is primarily engaged in the practice of neurology. 4. Respondent is 59 years of age. . 5_ Respondent has been licensed to practice by the Board for approximately 9 years. 6. Respondent has entered into this Agreed Order pursuant to the provisions of I Section 164.002 the Act. 7. Patient C.Y., a 26 year old female, alleged that. Respondent inappropriately fondled her breasts on two occasions in 2002 while performing physical examinations in a hospital setting. 8. Patient J.F., a 33 year old female, alleged that Respondent inappropriately fondled her breasts on two occasions in 1999 while performing physical examinations in his office. 9. - In 1993 and 1994, nine patients alleged improper examinations by ReSpondent: a. Patient RAM, a 29 year old female, alleged that Respondent inappropriately fondled her breasts on one occasion while performing a physical examination 'in his office. b. I Patient M.E.F., a 15 year- old female, alleged that Respondent. inappropriately fondled her breasts on two occasions while performing physical examinations in his office. c. Patient D.R.C., a ?15 year old female, alleged that Respondent inappropriately fondled her breasts on two occasions and her perineum on one of those occasions while performing physical examinations in a hospital setting. I d. Patient R.J., a female, alleged that Respondent inappropriately fondled. her breasts on one occasion while performing a physical examination in his office. e. Patient 0.8., a female, alleged that Respondent inappropriately fondled her breasts on one occasion while performing a physical examination in his office. f. The parents of Patient Y.Y.C., a 7 year old female, alleged that Respondent inappropriately fondled her buttocks on one occasion while performing a physical examination in their presence in his office. g. Patient P.A.M., a 27 year old female, alleged that ReSpondent inappropriately fondled her breasts and perineum on two occasions while performing physical examinations in a hospital setting. -- - -- -unn Par-1 : an: R- h. Patient MC, a 43 year old female. alleged that Respondent - inappropriately fondled her'breasts on one occasion while performing a physical examination in his office. i. Patient I a 30 year old female, alleged that Respondent inappropriately fondled her breasts on three occasions while performing physical examinations in his office. 10.. Based upon the allegations made by patients RAM. and M.E.F., criminal charges were filed against the Respondent. A jury trial was conducted in Hidalgo County, Texas, and the - Respondent was foUnd not guilty. 11. Based upon the allegations made by nine patients R.A.M., M.E.F., D.R.C.. Y.Y.C., P.A.M., MO, and P.S., civil suits were filed against the Respondent. The suit by Y.Y.C. was dropped by the Plaintiff and the suit by CB. was dismissed by the court. The case of the remaining seven was tried to a verdict in Hidalgo County, Texas. and the jury found in favor of the Respondent. 12. Based upon the allegations of patient Respondent's staff privileges at Methodist Willowbrook Hospital were summarily suspended on March 13, 2002. On March 20, 2002, the Medical Executive Committee continued Respondent?s suspension inde?nitely and recommended termination of his privileges. In accordance with a mediation agreement reached between the hospital and Respondent, ReSpondent's privileges were reinstated on May 22, 2002, and he resigned from those privileges on May 23, 2002. 13_ Prior to the entry of this Order, on January 14, 2003, Respondent obtained a evaluation from a forensic and a on the faculty of the Department of and Behavioral Health at Baylor College of Medicine. 14_ This evaluation concluded that Respondent is a not a sexual predator or a physician who would sexually exploit or abuse his female?or male patients. 15_ ReSpondent asserts that he provides thorough neurological examinations that are occasionally misinterpreted by patientsand denies any intentional violation of the Act; however, in order to cooperate fully with the Board and to address the Board?s concerns, Respondent agrees to comply with the terms and conditions set forth herein, thereby saving the Respondent and the State of Texas the time, expense, and uncertainty of further proceedings. CONCLUSIONS OF LAW -- HAHPA Based on the above Findings of Fact, the Board concludes the following: 1. Respondent is subject to disciplinary action pursuant to Section 164.051 of the Act based on Respondent?s commission of an act prohibited under Section 164.052 of the Act. 2. Respondent has committed a prohibited act or practice within the meaning of Section of the Act based upon unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public. 3. Respondent is subject to disciplinary action pursuant to Section of the Act by being removed, suspended, or subject to disciplinary action taken by Respondent?s peers in a local, regional, state or national professional medical association or society; or is disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action. Causes for removal, suspension or disciplinary actions include unprofessional conduct or professional incompetence that was likely to harm the public, and the actions were appropriate and reasonably supported by evidence submitted to the Board. 4. SeCticn 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order. 5. Section of the Act provides that this Agreed Order is a settlement agreement under the Texas Rules ovaidence for purposes of civillitigation. 6. Sections 164.001 and 164.001 of the Act authorize the Board to suSpend Respondent?s license. 7. Section 164.101 of the Act authorizes the Board to probate an order revoking, canceling, or-suspendinga license. ORDER. Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that Respondent's Texas license is hereby however, the suspension is STAYED and Respondent is placed on PROBATION under the following terms and conditions for ten (10) years from the date of the signing of this Agreed Order by the presiding officer of the Board: 1. Respondent shall not see, examine, diagnose or otherwise provide any care or treatment to female patients. I 2. If Respondent desires to resume the care and treatment of females in the state of Texas, Respondent shall request permission to do so in writing, personally appear before the Board to orally petition for permission to resume such practice and care, and previde sufficient'evidence . and information which, in the discretion of the Board, adequately indicates that Respondent is Alan-.an fl?! H'l'l?h?nraa?l one: A: a physically, mentally, and otherwise competent to safely resume such practice and care. Such evidence and information shall include at a minimum, but shall not be limited to the following: a. That Respondent undergo a complete evaluation by a Board certified approved in advance in writing by the Executive Director of the Board based on the evaluating physician?s licensure status and history, general qualifications, area of specialty, business af?liation with Respondent, and Specialty certifications and training. To request approval of the evaluating physician, Respondent shall submit in writing to the Director of Compliance of the Board the names and practice addresses of at least three physicians who are willing and able to conduct the complete evaluation. Respondent shall provide a copy of this Order to theevaluating physician. b. The evaluation shall include assessment of Respondent?s propensity, if any, to act as a sexual predator and any difficulties he may have with impulse control. Upon an adequate showing before the Board that Respondent is able to safely provide care and treatment to female patients, Respondent shall be granted permission to see female patients in Texas under such terms and conditions which the Board in its discretion determines are necessary I to adequately protect the public. 3_ Respondent shall personally appear before the Board, a committee of the Board, or panel of Board representatives, upon written request mailed to Respondent's last known address on file with the Board at least ten {10) calendar days before the requested appearanceldate. Such appearances shall be for the purpose of reporting on and addressing issues related to Respondent?s compliance with the terms and conditions of this Order. 4. To verify that Respondent has complied with and is in compliance with the terms and conditions of this Order, Respondent shall fully cooperate with the Board and the Board staff, including but not limited to, Board attorneys, investigators, compliance officers, consultants, and other such employees or agents of the Board in any way involved in investigation, review, or monitoring associated with Respondent's compliance with this Order. Failure to cooperate as required by this paragraph and the terms of this Order shall constitute a basis for disciplinary action against-Respondent pursuant to the Act. 5, Respondent shall give a copy of this Order to all hospitals, nursing homes, treatment facilities, and other health care entities where Respondent has privileges, has applied for privileges, applies for privileges, or otherwise practices.? nnr?r- Al? 6. ReSpondent shall ensure that any inquiries which are made by any person or entity through any means to Respondent or Respondent's employees regarding Respondent's Texas licensure status are'answered by accurate reference to this Order. 7. Upon request by any person or entity, either orally or in writing, Respondent shall provide a complete and legible copy of this Order to the requesting party within ten (10) calendar days of the request. 8. The time period of this Order shall be extended for any period of time in which Respondent subsequently resides or practices outside the State of Texas. is in of?cial retired status with the Board, orfor any period during which Respondent's license is subsequently cancelled for nonpayment of licensure fees. If Respondent leaves Texas to live or practice elsewhere, Respondent shall immediately notify the Board in writing of the dates of Respondent's departure from and subsequent return to Texas. Upon Respondent's return to practice in Texas or Respondent's relicensure, Respondent shall be required to comply with the terms of this Order for the period of time remaining on the Order when Respondent left the practice ofimedicin'e in Texas, retired,or had his or her license cancelled for nonpayment of licensure fees and shall pay all fees for reinstatement or renewal of a license covering the period of extension or tolling. 9. Respondent shall comply with all the provisions of the Act, and other statutes regulating the Respondent?s practice, as is required by law. - 10. Respondent shall inform the Board in writing of any change of Respondent's of?Ce or mailing address within ten (10) days of the address change. This information shall be submitted to the Permits Department and the Director of Compliance for the Board. Failure to provide such information in a timely manner shall constitute a basis for disciplinary action by the Board against" Respondent pursuant to the Act. I I I 11. Any violation of the terms, conditions, or requirements of this Order by Respondent - shall constitute unprofessional conduct likely to deceive or defraud the public, and to injure the public, and shall constitute a basis for disciplinary action. by the Board against Respondent pursuant to the Act, . 12. The above-referenced conditions shall continue in full force and effect Without opportunity for amendment, except for clear error in drafting, for 12 months following entry of this Order. If, after the passage of the 12month period, Respondent wishes to seek amendment or termination of these conditions, Respondent may petition the Board in writing. The Board may inquire into the request and may, in its sole discretion, grant or deny the petition without further appeal or review. Petitions for modifying or terminating may be filed only once a year thereafter. 02-0313\Agreed Order I PAGE 5 or RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD To ALL TERMS AND CONDITIONS OF THIS AGREED ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER. THIS ORDER-Is A PUBLIC RECORD. I, FAIZ AHMED, M.D.. HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE. DATED: 1 ,2003. l; . . AHMED. M.D., RESPONDENT u?f? STATE OF I Wm!) BEFORE ME, the undersigned Notary Public, on this day personally appeared FAIZ AHMED, M.D.. known to me to be the person whose name is- subscribed to this instrument, an - Agreed Order, and who after being by me duly sworn. on oath, stated that he executed the same for all purposes expressed therein. Given under my hand and official seal and office this wt '1 day'of 2003. CI SYMA RAMIREZ v.5 mm? To] A. 5 I all; 4 Fobruoryl9,2006 .. . .. Signature? rN? ary Publi (Notary Seal) . . - ul- OI IAIN E4009 i 02/03/2003 16:48 FAX 512473352n SHARP (30005. P.C. I SIGNED AND ENTERED by the presiding of?cer of the Texas State Board of Medical . :1 Examiners on this day of sag/Wigwam: .2003. Lee S. Andersdn, M.D.. President Texas State Board of Medical Examiners f. LICENSE NO. IN THE MATTER OF BEFORE THE THE LICENSE OF FAIZ AHMED, MD. TEXAS MEDICAL BOARD ORDER GRANTING TERMINATION On the day of . 2008, came on to be heard before the Texas MedicallBoard (the duly in se'ssitfn, the. matter of the license of Faiz Ahmed, M.D. (?Respondent?). On November 19, 2007, Respondent appeared?in?person, with counsel Michael Sharp, befOre Representatives of the Board to petitionithe Board for termination of an Agreed Order (?Order?) entered on February 7, 2003, which is incorporated herein, pertaining to Respondent?s Texas Medical License No. J-4683, and to address issues related to Respondent?s compliance with the tenns and conditions of the Order. The Board?s representatives were Charles E.'Oswa1t, M.D., a member Of the Board, and David Baucom, a member of the District Review Committee. Harry?Deckard represented the Board staff. Upon the recommendation of the Board?s representatives, the Board makes the following Findings of Fact and Conclusions of Law and enters this Order. FINDINGS OF FACT The Board ?nds that: A. Prior Disciplinary History: 1. 'In?1993 and 1994, numerous femalepatients accused the Respondent Of having touched them inappropriately while he examined Several Of these woman ?led criminal charges, none Of which upon trial resulted in a guilty verdict. Several of the women also brought civil suits, but none Of the plaintiffs prevailed in trial, nor did the Respondent settle with any Of them. Nonetheless, because of the allegations, Respondent's privileges were suspended inde?nitely at Methodist Willowbrook Hospital in Hidalgo County. Through a mediated settlement, Respondent was allowed to resign his privileges there. Page 1 of 4 Pages 2. 0n the basis of the allegations and, the hospital?s peer review action, on February-7, 2003, the Board entered into an Agreed Order with the Respondent which prohibited from seeing female patients. 3. On October 8, 2004, Respondentappeared before Board representatives at an ISC, who found that he was in compliance with his Order, was not practicing, that he had undergone a forensic evaluation by a, Board approved which included a report expressing a professional opinion that Respondent did not have a propensity to act as a sexual predator or dif?culty, controlling impulses. The ISC Panel recommended modifying the Order. However the Board voted against the modi?cation. 4. On April 26, 2005, the Respondent appeared for a second time before Board representatives requesting modi?cation of the Board Order. Again,'the request was denied. 5. On August 11, 2006., Respondent appeared a third time before the Board requesting modi?cation. Based on the positive results of two and two evaluations, and the fact that Respondent had been working at the Southwestern Institute of Neurology in, Mesquite, Texas since February, 2005, the Board granted Respondent?s modi?cation request by allowing Respondent to treat female patients. However, the modi?cation Order required that anytime Respondent performed a physical examination on a female patient, he had-to have a chaperone who is able to observe him directly present in the room during the examination of the patient. Respondent had to make a notation on the patient's? chart indicating that a Chaperone was present, and Res?pondenthad to insure that the chaperone initialed the entry made by Respondent to indicate that the chaperone was present and observed 7 the examination or treatment. I 6. Respondent now petitions the Boardto modify or terminate the 2003 Agreed Order as. modi?ed by the August 26, 2006 Order. B. I Status of Compliance with current Order as of November 19. 2007: 1. Respondent has?served 4 years of his '1 0-year Order. 2. Respondent is in compliance with the terms and conditions of the Order._ Ordering Paragraph No. 1 requires that anytime Respondent performs a physical exammation on a female patient, he must have a chaperone who is able to observe Page 2 of '4 Pages him directly present in the room during the examination of the patient. Respondent must make a notation on the patient's chart indicating that a - chaperone was present, and Respondent must insure that the chaperone initials the entry made by Respondent to indiCate that the. chaperone was present and observed the examination or'treatment. Respondent is in compliance with this requirement. 8 b. Ordering Paragraph No. 2 was deleted by the Modi?cation Order dated August 78,. 2006. . . . 0. Ordering Paragraph No.3 was deleted by the Modi?cation Order dated August 8, 2006. d. Ordering Paragraph No. 4 requires that Respondent Cooperate with'Board staff. I Respondent is in compliance with this requirement. e. Ordering Paragraph No.5 was deleted by the Modi?cation Order dated August 8, 2006. f. Ordering Paragraph No.6 was deleted by the Modi?cationk'Order dated August 8, 2006. . Ordering Paragraph No.7 was deleted by the Modi?cation Order dated August 8, 2006. h. Ordering Paragraph No.10 requires that Respondent report any change in residence or practice address . to the Board in writing. Respondent is in compliance with this requirement. i. OrderingParagraph No.11 requires that Respondent obey each and every term of his Order. Respondent is in compliance with this requirement. C. Recommendation: Based on theabove Findings of Facts and information available at the hearing on November 19, 2007, the Board?s Representatives recommended that Respondent?s petition for termination be GRANTED. CONCLUSIONS OF LAW Based On the above Findings of Fact, the Board concludes that: Page 3 of 4 Pages 17. The Board has jurisdiction over this matter and Respondent pursuant to the Medical .7 Practice Act, Title Subtitle B, Texas Occupations Code (the I 2. .22 TEX. ADMIN. CODE ?187.43 authorizes the Board to consider petitions for termination of Agreed Orders and Disciplinary Orders. 7? ORDER Based on the available information, the above Findings of Fact and Conclusions of Law, and the recommendation of the Board?s Representatives, the Board ORDERS that Respondent?s petition for termination is hereby GRANTED. The Agreed Order, dated February 7, 2003 is hereby TERMINATED. THIS ORDER IS A PUBLIC RECORD. SIGNED AND ENTERED by the presiding of?cer of the Texas Medical Board on this 3_+L_day of ., 2008. 'l Roberta M. Kalafut, D.O., Pr$ident Texas Medical Board 7 Page 4 of 4.Pages LICENSE NO. J-4683 IN THE MATTER OF BEFORE THE THE LICENSE OF - FAIZ AHMED, M.D. TEXAS MEDICAL BOARD MEDIATED AGREED ORDER On the day of Mia?I 2011, came on to be heard before the Texas Medical Board (the ?Board?), duly in session, the matter of the license of Faiz Ahmed, M.D. (?Respondent?). I On March 17, 2009, Respondent appeared in person, with counsel Mike Sharp, at an Informal Show Compliance Proceeding and Settlement Conference in response to a letter of invitation from the staff of the Board. The Board?s representatives were Jose Manuel Benavides, M.D., a member of the Board, and Ruthie Burrus, a member of a District Review Committee. Sarah Tuthill represented Board staff. A formal complaint was subsequently ?led at the State Of?ce of Administrative Hearings Prior to the matter going to hearing?the matter was referred to SOAH mediation. As a result of said mediation this order was agreed upon. Irvin E. Zeitler, Jr., D.O., represented the Board at the Mediated Settlement Conference. John Rivas represented Respondent. Claudia Kirk represented Board sta??. 7 Upon the recommendation of the Board?s representatives and with the consent of Respondent, the Board makes the following Findings Of Fact and Conclusions of Law and enters this Agreed Order. FINDINGS OF FACT A. General Findings The Board ?nds that: 7 1- Respondent received all notice required by law. All jurisdictional requirements have been satis?ed. Respondent waives any defect in notice and any further right to notice or hearing under Page 1 of8 the Medical Practice Act, Title 3, Subtitle B, Texas Occupations Code (the ?Act?) or the Rules of the Board. 2. Respondent currently holds Texas Medical License No. 1?4683. Respondent was originally issued this license to practice medicine in Texas on November 20, 1993. Respondent is also licensed to practice medicine in Missouri and Kansas. 3. Respondent is primarily engaged in the practice of neurology. 4. Respondent is 58 years of age. B. Speci?c Findings 1. Respondent has previously been the subject of disciplinary action. by the Board: a. On February 7, 2003, the Board entered an Agreed Order (?2003 Order?) that placed the Respondent on probation for 10 years. . On August 25, 2006, the Board entered an Order granting modi?cation of the 2003 Order, allowing the Respondent to examine and treat female patients with a chaperone?s accompaniment and direct observation of the Respondent during the examination, and documentation .of such presence in the treatment room. The Board?s action was based upon the Respondent?s presentation of evidence that he was physically, mentally, and otherwise competent to treat female patients. . On February 8, 2008, the Board entered an Order terminating the 2003 Order, as modi?ed. The Board?s action was based upon ?ndings that the Respondent was physically, mentally, and otherwise competent to resume care and treatment of female patients without the presence of a chaperone. 2. One patient alleged that on four occasions in March and April of 2008, Respondent inappropriately touched her during the course of an examination. 3. On April 1, 2008, the patient was admitted to Dallas Regional Medical Clinic through the emergency department under Respondent?s care. On April 2, 2008, the Respondent conducted a physical examination of the patient at DRMC and she alleged that Respondent inappropriately touched her during his examination. Page 2 of8 4. On April 3, 2008, the Respondent returned to examine the patient at DRMC for the last of the four encounters. Again, the patient alleged that Respondent inappropriately touched her during the course of this examination. 5. After Respondent left the room, the patient called the day nurse and reported all the alleged incidents of inappropriate touching at that time. Additionally, the patient ?led an offense report with the Mesquite Police Department and was interviewed in her hospital room about the incident the same day. C. Mitigating Factors 1. Following the last alleged incident, the patient ?led an offense report with the Mesquite Police Department. Respondent was charged with third degree misdemeanor assault. That case was later dismissed. 2. The patient ?led a civil lawsuit that was dismissed with no ?nding against Respondent. 3. Respondent was evaluated by a Beard approved in 2004. The ?nding was that ?the present evaluation provides no indications of diagnoses or other behavioral disturbance that would need to be considered in relation to his practice of medicine.? The also concluded that Respondent was not a sexual predator. 4. The patient making the allegations against Respondent presented at the Emergency Department with complaints of hallucinations, that were also noted by a second physician, and I was given medications. 5. Respondent does not admit or deny the Findings of Fact and Conclusions of Law set forth in this Agreed Order. However, ReSpondent has cooperated with Board staff in the investigation of the allegations related to this Agreed Order. Respondent's cooperation, through consent to this Agreed Order, pursuant to the provisions of Section 164.002 of the Act, will save money and resources for the State of Texas. To avoid further investigation, hearings, and the expense and inconvenience of litigation, Respondent and the Board agree to the entry of this Agreed Order and to comply with its terms and conditions. Page 3 of 8 CONCLUSIONS OF LAW Based on the above Findings of Fact, the Board concludes that: 1. The Board has jurisdiction over the subject matter and Respondent pursuant to the Act. 2. Section of the Act authorizes the Board to take disciplinary action against a physician based upon a physician?s unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public, as further de?ned by Board Rule(s): in inappropriate behavior or comments directed towards a patient 3. Section 164.001 of the Act authorizes the Board to impose a range of disciplinary actions against a person for violation of the Act or a Board rule. I 4. Section 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order. Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that. Respondent shall be subject to the following terms and conditions for a period of 4 years: 1. Anytime Respondent performs a physical examination on a female patient, Respondent shall have a female chaperone who is able to directly observe Respondent present in the room during the entirety of the examination of the patient. Respondent shall make a notation on the patient's chart indicating that a female chaperone was present, and Respondent shall ensure that both the patient and the chaperone sign (not initial) the entry made by Respondent to indicate that the chaperone was present and observed the examination or treatment. 2. Within one year from date of the entry of this Order, Respondent shall enroll in and successfully complete the professional boundaries course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program, or a professional boundaries course offered by the Vanderbilt Center for Professional Health, or an equivalent course approved in advance by the Executive Director. To obtain approval for a course other than the PACE or Vanderbilt course, Respondent shall submit in writing to the Board information on the course, to include at least a reasonably detailed description of the course Page 4 of8 content, faculty, course location, and dates of instruction. Respondent shall submit documentation of attendance and successful completion of this requirement to the? Director of Enforcement for the Board on or before the expiration of the time limit set forth for completion of the course. The requirements set forth in this paragraph shall be in addition to all other continuing medical education required for licensure maintenance. I 3. The time period of this Order shall be extended for any period of time that: Respondent subsequently practices exclusively outside the State of Texas; Respondent's license is subsequently cancelled for nonpayment of licensure fees; this Order is stayed or enjoined by Court Order; or for any period of time longer than 60 consecutive days that Respondent does not actively practice medicine. If Respondent leaves Texas to practice elsewhere or ceases active practice for more than 60 consecutive days, Respondent shall immediately notify the Board in writing. Upon Respondent?s return to active practice or return to practice in Texas, Respondent shall notify the Board in writing. When the period of extension. ends, Respondent shall be required to comply with the terms of this Order for the period of time remaining on the Order. Respondent shall pay all fees for reinstatement or renewal of a license covering the period of extension or tolling. 4. Respondent shall comply with all the provisions of the Act and other statutes regulating the Respondent?s practice. 5. wRespondent shall fully cooperate with the Board and the Board staff, including Board attorneys, investigators, compliance officers, consultants, and other employees or agents of the Board in any way involved in investigation, review, or monitoring associated with Respondent's compliance with this Order. Failure to fully cooperate shall constitute a Violation of this order and a basis for disciplinary action against Respondent pursuant to the Act. 6. Respondent shall inform the Board in writing of any change of Respondent's office or mailing address within 10 days of the address change. This information shall be submitted to the Registration Department and the Compliance Department of the Board. Failure to provide such information in a timely manner shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act. Respondent agrees that 10 days notice of a Probationer Show Compliance Proceeding to address any allegation of non-compliance of this Agreed Order is adequate and reasonable notice prior to the initiation of- formal disciplinary action. Respondent waives the 30-day notice requirement provided by of the Medical Page 5 of8 Practice Act and agrees to 10 days notice, as provided in 22 Texas Administrative Code 7. Any violation of the terms, conditions, or requirements of this Order by Respondent shall constitute unprofessional conduct likely to deceive or de?aud the public, or to injure the public, and shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act. 8. Respondent shall be permitted to supervise and delegate prescriptive authority to physician assistants and advancedpractice nurses and to supervise surgical assistants. 9. The above-referenced conditions shall continue in full force and effect without I opportunity for amendment, except for clear error in drafting, for one year following the date of the entry of this Order. If, after the passage of the one-year period, Respondent Wishes to seek amendinent or termination of these conditions, Respondent may petition the Board in writing. The Board may inquire into the request and may, in its sole discretion, grant or deny the petition without further appeal or review. Petitions for modifying or terminating may be ?led only once a year thereafter. RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD TO ALL. TERMS AND CONDITIONS OF THIS AGREED ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER. THIS ORDER IS A PUBLIC RECORD. Page 6 of8 I, FAIZ AHMED, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE. I DATED: 313* . ,2011. N: FAIZ MD. Respondent Page 7 of 8 SIGNED AND ENTERED by the presiding of?cer of the Texas Medical Board on this 57" dayof ?ip/31D . ,2011. I 099%,. and ?17) Irvin E. Zeitler, Preddent Texas Medical Board Page 8 of8 HEARING CONDUCTED BY THE TEXAS STATE OFFICE OF ADMINISTRATIVE HEARINGS SOAH DOCKET NO. LICENSE NO. 1-4683 IN THE MATTER OF TIIE BEFORE TIIE COMPLAINT AGAINST: TEXAS STATE BOARD OF FAIZ AHMED, M.D. MEDICAL EXAMINERS COMPLAINT TO THE HONORABLE TEXAS STATE BOARD OF MEDICAL EXAMINERS AND THE HONORABLE ADMINISTRATIVE LAW JUDGE TO BE ASSIGNED: COMES NOW, the Staff of the Texas State Board of Medical Examiners (?the Board?). and ?les this Complaint against Faiz Ahmed, M.D., (?Respondent?), based on Respondent?s alleged violations of the Medical Practice Act (?the Act?), TEX. OCC. CODE ANN, Title 3, Subtitle (Vernon 2004), and would show the following: I. INTRODUCTION The filing of this Complaint and the relief requested are necessary to protect the health and public interest of the citizens of the State of Texas, as provided in Section 151.003 of the Act. LEGAL AUTHORITY AND JURISDICTION 1. Respondent is a Texas Physician and holds Texas Medical License No. J-4683, issued by the Board on November 20, 1993, which was in full force and effect at all times material and relevant to this Complaint. All jurisdictional requirements have been satis?ed. 2. Respondent received notice of the Informal Settlement Conference and appeared at the ISC, which was conducted in accordance with CODE and ?164.004 of the Act. A11 procedural rules were complied with, including but not limited to, Board Rules 182 and 187, as applicable. Page 1 of9 .5. No agreement to settle this matter has been reached by the parties. 4. All jurisdictional requirements have been satis?ed. FACTUAL Board Staff has received information and on that information believes that Respondent has violated the Act. Based on such information and belief, Board Staff alleges: 1. Respondent made unwelcome and sexual contact with two female patients (Patient A and and a female employee. 2. Patient A: a) On or about July 11, 2006, Respondent inappropriately touched Patient A?s genital area during a patient visit. Patient A was approximately 12? years old at the time of this incident and was mentally disabled. b) Respondent?s actions were witnessed by Patient A?s mother, who was accompanying her daughter. c) Patient A?s mother called the City of Mesquite Police Department and reported Respondent?s actions the same day. 3. Patient B: a) On approximately three occasions in March and April of 2008, Respondent inappropriately touched Patient during the course of several examinations. b) On or about March 31, 2008, Patient presented to Respondent?s office for an initial consultation and evaluation of seizure e) Respondent instructed Patient to completely undress. Patient was standing during the examination. While standing behind her, Respondent cupped each of her breasts, one at a time, and squeezed the nipples between his index, middle ?nger, and thumb. After touching her breasts, 1 Board staff will provide the identi?cation of the patient to the ALJ and Respondent by separate confidential document ?led under seal. Page 2 of 9 c) 0 h) .0 Respondent proceeded to touch the patient's abdominal area and with his hands. moved her legs apart. On or about April 1. 2008, the very next day, Patient suffered a seizure. She phoned Respondent, who instructed her to report to the Dallas Regional Medical Clinic under Respondent?s admitting orders for monitoring and testing. Patient was admitted during the evening hours on or about April I, 2008. On or about April 2. 2008, the Respondent examined Patient at DRMC and during the examination, touched her breasts, upper thighs, and genital area in a sexual and inappropriate manner. On or about April 3, 2008, Respondent returned to DRMC to examine Patient B. Respondent again fondled Patient B?s breasts and touched her vagina. When Respondent left Patient B?s room, she called nursing staff and reported Respondent?s misconduct just committed. Nursing staff documented that Patient 8 was crying and stated that Respondent ?did inappropriate behavior to me? and had touched her breasts and lower abdominal area. 0 Patient called the Mesquite Police Department, who interviewed the patient in the hospital on or about April 3, 2008. The City of Mesquite has since charged Respondent with 3id degree misdemeanor assault. The charges are still pending. On or about April 4, 2008, the Respondent was summarily suspended from DMRC for allegations of misconduct related to Patient B?s report of On April 11, 2008 and April 22, 2008, the Executive Committee voted to continue the suspension. On or about May 27, 2008, the DRMC Hearing Committee voted to inappropriate touching. uphold his suspension. The Respondent appealed, and on or about one 6, 2008, the DRMC Hearing Committee upheld the Executive Committee?s Page 3 of 9 decision to suspend the Respondent?s privileges. Respondent made a ?nal appeal available under the Medical Staff bylaws, which to date is pending. 4. limployee: a) In approximately June of 2008, Respondent walked up behind a female technician who was conducting an electroencephalography and rubbed his body against the technician?s bottom. h) The technician later provided the EEG results to Respondent, and discussed the results with him. During the discussion, the technician noticed that Respondent was staring down her shirt. c) The very next day, the technician reported the incident to another physician working with Respondent in his practice. d) On or about July 21, 2008, Respondent approached the technician, and asked her why she felt he had behaved inappropriately with her. He then asked the technician to sign a form that stated Respondent had not behaved inappropriately. The technician saw that her name was printed at the bottom of the page. The technician refused, and Respondent asked her again to sign it. The technician again refused. c) On or about July 22, 2008, the technician reported the incident to the Mesquite Police Department. No charges were ?led as a result of the incident. 5. Respondent?s actions in these cases constitute unprofessional and dishonorable conduct due to one or more of the following reasons: sexual contact with a patient; inappropriate behavior towards a patient; abusive or assaultive conduct towards patients, employees or others; and the commission ofa crime. 6. Respondent has been the subject of a previous Board Order. On February 7. 2003, the Board entered a ten- year Agreed Order that suspended Respondent's license, stayed the suspension, and prohibited Respondent from examining or treating female patients. The Board?s action was based upon ?ndings that Respondent had inappropriately touched 11 female patients? (three of whom were minors at the time of the incidents) breasts and/or genital areas during physical examinations. Page 4 of 9 IV. l. The actions of Respondent as speci?ed above violate one or more of the following provisions of the Medical Practi?e Act: a. Respondent is subject to disciplinary action pursuant to Section of the Act based on Respondent?s commission of an act prohibited under Section 164.052 of the Act. b. Section of the Act authorizes the Board to take disciplinary action against Respondent based upon Respondent?s removal, suspension,, or subjection to disciplinary action taken by Respondent?s peers in a local, regional, state or national medical association or society, or being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if that action, in the opinion of the Board, was based on unprofessional conduct or professional incompetence that was likely to harm the public; and was appropriate and reasonably supported by evidence submitted to the Board. c. Section of the Act authorizes the Board to take disciplinary action against Respondent based upon Respondent?s unprofessional or dishonorable conduct that is likely to deceive or de?'aud the public or injure the public, as further de?ned by Board Rule(s): engaging in sexual contact with a patient; and engaging in sexually inappropriate behavior or comments directed toward a patient; behaving in an abusive or assaultive manner towards a patient or the patient's family or representatives that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient; commission of the following violations of federal and state laws whether or not there is a complaint, indictment, or conviction: any felony; (ii) any offense in which assault or battery, or the attempt of either is an essential element; any misdemeanor involving moral turpitude as de?ned by paragraph (6) of this section; child molestation; (xi) public indecency; Misdemeanors involving moral turpitude: Misdemeanors involving moral turpitude, within the meaning of the Act, are those that involve Page 5 of 9 dishonesty, fraud, deceit, misrepresentation, deliberate violence, or that reflect adversely on a licensee's honesty, trustworthiness, or fitness to practice under the scope of the person's license. d. Section of the Act authorizes the Board to take disciplinary action against Respondent based upon Respondent?s commission of an act that violates any state or federal law if the act is connected with the physician?s practice of medicine, to wit: Penal Code, Title 5, Sec. A person commits an offense if the person knowingly or intentionally causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensiVe or provocative. V. AGGRAVATING FACTORS Under Texas Administrative Code, Title 22, Part 9, Board Rule Aggravation. In any disciplinary action, the following may be considered as aggravating factors that warrant more severe or restrictive action by the Board. . . .This case includes the following aggravating factors: 1 . 2. DJ 2499:? Harm to one or more patients; Severity of patient harm; One or more violations that involve more than one patient; increased potential harm to the public; Attempted concealment of the act constituting a violation; Intentional, premeditated, knowing, or grossly negligent act constituting a violation; Prior similar violations; and Previous disciplinary action by health care entity. VI. APPLICABLE STATUTES, RULES, AND AGENCY POLICY The following statutes, rules, and agency policy are applicable to the conduct of the contested case: Page 6 of 9 1. Section 164.007(a) of the Act requires that the Board adopt procedures governing formal disposition of a contested case before the State Of?ce of Administrative Hearings. 2. 22 TEX. ADMIN. CODE, Chapter 187 sets forth the procedures adopted by the Board under the requirement of Section 164.007(a) of the Act. 3. 1 TEX. ADMIN. CODE, CHAPTER 155 sets forth the rules of procedure adopted by SOAH for contested case proceedings. 4. TEX. ADMIN. CODE, CHAPTER 155.507, requires the issuance of a Proposal for Decision containing Findings of Fact and Conclusions of Law. 5. Section 164.007(a) of the Act, Board Rule and Board Rule 190 ct. seq., provides the Board with the sole and exclusive authority to determine the charges on the merits, to impose sanctions for violation of the Act or a Board rule, and to issue a Final Order. VII. NOTICE TO RESPONDENT IF YOU DO NOT FILE A WRITTEN ANSWER TO THIS COMPLAINT WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS WITHIN 20 DAYS AFTER THE DATE OF RECEIPT, A DEFAULT ORDER MAY BE ENTERED AGAINST YOU, WHICH MAY INCLUDE THE DENIAL OF LICENSURE OR ANY OR ALL OF THE REQUESTED SANCTIONS, INCLUDING THE REVOCATION OF YOUR LICENSE. A COPY OF ANY ANSWER YOU FILE WITH THE STATE OFFICE OF ADMINISTRATIVE HEARGINS SHALL ALSO BE PROVIDED TO THE HEARINGS COORDINATOR OF THE TEXAS MEDICAL BOARDJF YOU FAIL TO ATTEND THE HEARING, THE ADMINISTRATIVE LAW JUDGE MAY PROCEED WITH THE HEARING AND ALL THE FACTUAL ALLEGATIONS LISTED IN THIS NOTICE CAN BE DEEMED ADMITTED, AND THE RELIEF SOUGHT IN THIS NOTICE MIGHT BE GRANTED. Page 7 of 9 WHEREFORE, PREMISES CONSIDERED, Board Staff requests that an administrative law judge employed by the State Office of Administrative Hearings conduct a contested case hearing on the merits of the Complaint, and issue a Proposal for Decision containing Findings t' Fact and Conclusions of Law necessary to support a determination that Respondent violated the Act as set forth in this Complaint. Respectfully submitted, TEXAS MEDICAL BOARD WW. Claudia Kirk, StwaffAttomey Texas State Bar No. 24041087 Telephone: (512) 305-7082 FAX (512) 305?7007 333 Guadalupe, Tower 3, Suite 610 Austin, Texas 78701 THE STATE OF TEXAS 9' COUNTY OF TRAVIS I to before me by the said Claudia Kirk on this day of 0. lie? '0 Commission Exp. 04-32012 . twee?y R- c; Notary Without Bond . Notary Public, Stat?? of Texas Filed with the Texas Medical Board on this igwday of 2010. Mari Robi n, JD. Executive Director Texas Medical Board Page 8 ot?9 CERTIFICATE OF SERVICE- I certify that on the day ot'July, 2010, a true and correct copy of the toregomg document has been served as follows: VIA TRANSMISSION To: 512-475?4994 Docket Clerk State Of?ce of Administrative Hearings William P. Clements Bldg. 300 W. 15th Street, Suite 504 Austin, Texas 78701 - 649 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7004-2510-0003-9023?3232 Faiz Ahmed, MD. 3475 W. Alton Gloor Blvd. Brownsville, Texas 78520 VIA TELEFAX TRANSMISSION To: 512-481-0022 John J. Rivas, Attorney at Law 1601 East 5th Street, Suite 101 Austin. TX 78702 VIA HAND DELIVERY: Sonja Aurelius Hearings Coordinator Texas Medical Board 333 Guadalupe, Tower 3, Suite 610 Austin, Texas 78701 By: Page 9 of 9 BEFORE THE STATE B0 OE REGISTRATION FOR THE HEALING ARTS THE STATE BOARD OF REGISTRATION FOR THE HEALING ARTS Petitioner, v. Case No. 2011?002485 FAIZ AHMED, MD. Respondent. FINDINGS OE FACT, CONCLUSIONS OF LAW AND ORDER The Missouri State Board of Registration for the Healing Arts in accordance with law and pursuant to notice, took up this matter at its regularly scheduled meeting on January 19, 2012. The Board?s litigation counsel, Sarah Schappe, presented evidence on behalf of the Board. Earl Kraus, Chief Legal Counsel for the Division of Professional Registration, acted as the Board's legal advisor in these proceedings, in the Board's deliberations, and in preparing this order. Dr. Ahmed failed to appear personally or through legal counsel. Evidence was adduced, exhibits were received, and argument was heard regarding whether discipline upon Dr. Ahmed?s license as a physician should be imposed pursuant to 334.1027, The Board took the matter under advisement to deliberate and determine an appropriate disposition. Being fully advised of the above, the Board now enters its findings of fact, conclusions of law and disciplinary order revoking Dr. Ahmed?s license as a physician. FINDINGS OF FACT 1. The Board is an agency of the State of Missouri created and established pursuant to 334.120, for the purpose of executing and enforcing the provisions of chapter 334, 2. Respondent, Faiz Ahmed, MD. is licensed by the Board as a physician and surgeon, license number 101146, which was first issued on June 19, 1992. Licensee?s license is current, and was current and active at all times relevant herein. 3. Licensee?s address, as reported to the Board, is 3010 Grand Elm Circle, Houston, Texas 77068. 4. On February 7, 2003, the Texas Medical Board suspended Licensee?s license, stayed the suspension and placed Licensee on probation for ten years following the discipline of his hospital privileges due to his inappropriate examinations of female patients constituting unprofessional conduct likely to harm the public. Licensee was restricted from seeing, examining or otherwise treating female patients. 5. On January 16, 2004, while under discipline in Texas, Licensee and the Missouri Board entered into a Settlement Agreement. In this Settlement Agreement, the parties stipulated that due to the discipline imposed upon Licensee in Texas, there was cause to discipline Licensee?s license in Missouri and that Licensee?s Missouri license would be suspended, with the suspension stayed and Licensee placed on probation for ten years. As a term of probation, Licensee was prohibited from seeing, examining or otherwise treating female patients without explicit written permission of the Board following a personal appearance before the Board. 6. On April 25, 2006, the Texas Medical Board granted Licensee a with a chaperone present and observing and with documentation in the file of such direct observation. 7. On February 8, 2008, the Texas Medical Board terminated the 2003 Order thus allowing Licensee to resume the care and treatment of female patients without the presence of a chaperone. 8. On or about April 8, 2011, the Texas Medical Board issued a ?Mediated Agreed Order.? This order was based upon allegations that on four occasions in March and April of 2008, Licensee inappropriately touched a patient during the course of his examinations. Licensee did not admit to the allegations, but agreed to the terms of Mediated Agreed Order. 9. The April 8, 2011 Mediated Agreed Order imposed speci?c terms and conditions upon Licensee?s license for a period of four years. This order reinstituted the requirement for a chaperone to be present and observing any physical examination of a female patient by Licensee and for documentation of such observation and required Licensee to successfully complete a specified professional boundaries course within one yearofthecxden 10. Dr. Ahmed was provided timely and proper notice of the January 19, 2012 discipline hearing before the Missouri Board via facsimile transmission to Dr. Ahmed?s legal counsel. 1. Dr. Ahmed?s legal counsel, Jonathan Wu, corresponded with the Board regarding this matter and acknowledged, on behalf of his client, receipt of the hearing notice. Mr. Wu requested that this matter be continued to a later date, but this request was denied by the Board. Dr. Ahmed failed to appear at the discipline hearing before the Board either personally or through legal counsel. 12. The Board determined that the discipline imposed by the state of Texas through the April 8, 2011 Mediated Agreed Order upon Dr. Ahmed?s license and Dr. Ahmed?s failure to respond or appear in this matter merited the revocation of Dr. Ahmed?s license and restricting his reapplication for such license for seven years. CONCLUSIONS OF LAW 13. This Board has jurisdiction over this proceeding pursuant to 324.1027 1 which provides: (1) The board may initiate a hearing before the board for discipline of any licensee's license or certi?cate upon receipt of one of the following: Certi?ed court records of a ?nding of guilt or plea of guilty or nolo contendere in a criminal prosecution under the laws of any state or of the United States for any offense involving the quali?cations, functions, or duties of any profession licensed or regulated under this chapter, for any offense involving fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; 1The Board?s complaint correctly references 334.1028, as numbered in 8.8. for S.C.S. for H.C.S. for HE. 265, 96th General Assembly, (2011). However, when published in the Missouri Revised Statutes (2011), this section was published as 334.1027 instead of 334.1028 (apparently due to the lack of a subparagraph 5 in the new version of 334.102, as set forth in the bill). At the discipline hearing before the Board, the Board?s litigation counsel moved and was granted leave to amend the Board?s complaint via interlineation thereby amending all references in the Board?s complaint to 334.1028, to instead re?ect 334.1027, Evidence of final disciplinary action against the licensee?s license, certi?cation or registration issued by any other state, by any other agency or entity of this state or any other state or the United States or its territories, or any other country; Evidence of certified court records ?nding the licensee has been judged incapacitated or disabled under Missouri law or under the laws of any other state or of the United States or its territories. (2) The board shall provide the licensee not less than ten days notice of any hearing held pursuant to chapter 536. (3) Upon a ?nding that cause exists to discipline a licensee?s license the board may impose any discipline otherwise available when disciplining licensees of that same profession. 14. The Board is authorized to impose the level of discipline as set forth in 334.100, RSMO, which provides, in pertinent part: 4. After the ?ling of such complaint before the administrative hearing commission, the proceedings shall be conducted in accordance with the provisions of chapter 621. Upon a ?nding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the board may, singly or in combination, warn, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed ten years, or may suspend the person?s license, certificate or permit for a period not to exceed three years, or restrict or limit the person's license, certificate or permit for-an inde?nite period of time, or revoke the person's license, certificate, or permit, or administer a public or private reprimand, or deny the person's application for a license, or permanently withhold issuance of a license or require the person to submit to the care, counseling or treatment of physicians designated by the board at the expense of the individual to be examined, or require the person to attend such continuing educational courses and pass such examinations as the board may direct. 5. In any order of revocation, the board may provide that the person may not apply for reinstatement of the person's license for a period of time ranging from two to seven years following the date of the order of revocation. All stay orders shall toll this time period[.] 15. The Mediated Agreed Order issued by the Texas Medical Board constitutes a final disciplinary action. 16. Cause exists to discipline Dr. Ahrned?s license under 17. Such discipline as authorized in 334.1004, may be imposed by the Board upon Dr. Ahmed?s license. 18. The Board has determined that this order is necessary to ensure the protection of the public. DISCIPLINARY ORDER Having fully considered all evidence before this Board, it is the ORDER of the Board that Dr. Ahmed?s license as a physician, license number 101146, be REVOKED. It is further ordered that Dr. Ahmed shall immediately return all evidence of licensure to the Board and that Dr. Ahmed shall not apply for reinstatement of his license for a period of seven (7) years. EFFECTIVE THIS DAY OF FEBRUARY, 2012. Tina Steinman, Executive Director BEFORE THE STATE BOARD OF REGISTRATION FOR THE HEALING ARTS STATE BOARD OF REGISTRATION FOR THE HEALING ARTS, Board, CaseNO 2003-000976 FAIZ AHMED, Ltcensee SETTLEMENT AGREEMENT Comes now Fatz Ahmed, Ltcensee") and the State Board of Registratton for the Healmg Arts Board and enter tnto th1s Agreement for the purpose of the questton of whether Ltcensee ltcense as a and surgeon Will be subject to Ltcensee and the Board jomtly sttpulate and agree that a ?nal dtsposmon oftth matter may be effectuated as below pursuant to 621 045, Ltcensce acknowledges that he understands the vartous and afforded by law, meludmg the to a hearmg of the charges agamst Ltcensee the to appear and be represented by legal counsel, the to have all charges against Ltcensce proven upon the record by competent and substanttal ev1dence, the right to cross-examme any Witnesses appeartng at the heartng agatnst Licensee, the to present evrdence on Lteensee own behalf, the ?ght to a decrsron based upon the record by a fan and tntpamal adnumStratwe hearmg comnussroner concemtng the charges pendmg against and subsequently, the right to a heartng before the Board at which tune cwdencc may be presented In nuttgatton of I-Iavmg been adwsed of these prowded Ltcensee by operatton of law, Llcensee and voluntarily wawes each and every one of these and freely enters mto Agreement and agrees to abtde by the terms of 11113 document as they pettam to Ltcensee 2 Ltcensee acknowledges that he may, at the ttme Agreement ts effectwe or w1th1n ?fteen days thereafter. submtt Agreement to the I-Ieartng for determtnatton that the facts agreed to by the partles grounds for of Incensee ltcense :3 Incensee acknowledges that he has been mformed of to consult legal counsel 1n matter 4 The partles stipulate and agree that the dtsc1phnary order agreed to by the Board and Incensee 1n Part II hereln 13 based only on the Agreement set out 111 Part I herem Ltcensee understands that the Board may take further dtsc1plmary actton agatnst Llcensee based on facts or conduct not specn?cally mentioned 1n document that are now known to the Board or may be dtscovered 5 Licensee understands and agrees that the Board W111 mamtatn Agreement as an open record of the Board as requtred by Chapters 334, 610, 620, and 621 as amended I Based upon the foregotng, Board and Ltcensce herein sttpulate to the lollowmg JOINT PROPOSED FINDINGS OF FACT [0 The Board of Healtng Arts Is an agency of the state of created and pursuant to 334 120 for the purpose of executtng and enforcmg the provtstons of Chapter 334, and Surgeons 2 Fatz Ahmed, Respondent ts heensed by as a and surgeon, lteense number 101 146, lteense was ?rst issued June 19, 1992 Respondent?s Mtssourt llcense 15 current and was current at all tunes relevant hereto 3 On or about February 7, 2003 the Texas State Board of Medical Exammers tssued an Order Respondent Texas ltcense The suspensmn was stayed and Respondent was placed on probation untll February 7, 2013 Respondent probation was subject to certain terms and tncludtng but not llrruted to Respondent agreetng to not see. examtne, dtagnose, or otherw15e prowde any care or treatment to female pattents unless expressly by the Texas State Board of Medtcal Exammers upon a ?ndmg of phy51cal and mental competence order was based upon a that Respondent?s hospttal prmleges at Methodtst thlowbrook hospttal were due to unprofessronal conduct that was ltkely to harm the publte The hospttal was based on allegattons of?mappropnate examtnattons of female patterns JOTNT PROPOSED CONCLUSIONS OF LAW Based on the foregomg, Licensee 5 license 15 subject to dtsetplmary aetton pursuant to 334 l00 prowdes perttnent part 2 The board may cause a complatnt to be ?led the hearmg comnussmn as prowded by chapter 621, agamst any holder of any certi?cate of or authortty. permn or lteense required by chapter for any one or any combmatton of the followmg causes (8) Revocatton, suspensron, modt?catton hnntatton, reprnnand, warmng, censure, probatton or other ?nal acuon agamst the holder of or apphcant for a ltcense or other to practtce any professron regulated by 11115 chapter by another state, terntory, federal agency or country, whether or not voluntartly agreed to by the hcensee or applicant, Including, but not to, the dental of heensure, surrender of the ltcense, a?owmg the lteense to exptre or lapse, or dtsconttnutng or the practice of medtcme wh1le subject to an investtgatton or wlnle actually under Investtgatton by any authortty, medlcal branch of the armed forces of the Untted States of Insurance company, court, agency of the state or federal government, or employer Based on the foregomg, the partles mutually agree and sttpulate that the followmg shall constitute the order entered by the Board 1n matter under the authonty of 621 110, RSMO Agreement be effective tmmedtately on the date entered and ?nalized by the Board A Effecttve the date the Board enters mto the Agreement 1 The medtcal ltcense, number 101146. Issued to Ltcensee ts hereby SUSPENDED, however. the suspenston IS STAYED and Llcensee IS placed on PROBATION under the followmg terms and for ten years from the effective date of Agreement (?the pertod 2 Prror to returnmg to Mtssourt to pracuce medtcme, Ltcensee shall provtde the Board nott?catton of Ltcensee?s Intentton to return to to praettce medtcme Ltcensee shall deltver this nott?catton to the Board at least mner days prtor to returmng to Also, prror to medtcme Mtssourt Ltcensee shall personally appear before the Board, 1f so requested Under no crrcumstances shall Ltcensee practtce medtcme 1n Mtssourt unttl Ltcensee has complied all the requtrements of paragraph, personally appearmg before the Board 1f requested, and Lteensee has been noti?ed In by the Board that practtce may commence 3 Durmg the drsc1plmary pertod, Lteensee shall not see, examme diagnose, or othetwtse prowde any care or treatment to female pattents 4 If Ltcensee desrres to resume care and treatment of females the state of Ltcensee shall request to do so 1n personally appear before the Board to orally for to resume such practice and care, and provtde suf?ctent evrdence and mformatton 1n the of the Board, adequately mdtcatcs that Ltcensee ts mentally, and otherw'tse competent to safely resume such practtce and care Upon an adequate showtng before the Board that Ltcensee ts able to safely prov1de care and treatment to female pattents, Ltcensee shall be granted to see female pattents under such terms and which the Board 1n 1ts determmes are necessary to adequately protect the publtc 5 Durtng the penod, Ltcensee shall comply all of Chapters 334 and 195, all the regulanons of the Board, all federal and state drug laws, rules, and regulatlons, and all federal and state laws State here Includes all states and terrttones of the Untted States 6 Durmg the dtsc1plmary perlod, Ltcensee shall keep the Board Informed of Ltcensee?s current work and home telephone numbers and addresses Licensee shall nottfy the Board 1n w1th1n ten days of any change In this Informatton 7 Durlng the perlod, Licensee shall umely renew license and tlmely pay all fees requtred for hcensmg and comply With all other Board requirements necessary to matntam Lleensee llcense 1n a current and actwe state 8 Durtng the pertod, Ltcensee shall appear at person for mtervrews With the Board or us desrgnee upon request 9 Perlods of resrdeney or the practlce of outsrde Mtssourt will not apply to the reductton of the drsc1p11nary penod However, ten years from the effecttve date of Agreement upon applleatlon by Llcensee, the Board may. 1n 1t termmate the drsc1phnary perlod Llcensee shall notify, 1n the medJcal hcensmg authonttes of the 1n he IS or ten days of the effectwe date of the dlsc1plmaJy penod, of Ltcensee status 1n Llcensee shall forward a copy of this wruten notlce to the Board contemporaneously w1th sendmg 11 to the relevant hcensmg authonty In the event Ltcensee should leave MISSOUTI to resrde or practlce medtcme outsrde the state during the perrod, Llcensee shall noufy the Board of the dates of departure and return no later than ten days before Llcensee departure Furthermore. Ltcensee shall, no later than ten days after the commencement of any reSIdence or practlce outs1de state. notify 1n the medical llcensmg authormes 1n the 1n Licensee ts or of Licensee status 1n Mlssoun 10 Licensee shall notify, ?fteen days of the elTeetive date of this Agreement, all hospitals, nursmg homes, out-patient centers, surgical centers, climes and all other faculties in Missouri where Licensee practices or has priwleges of Licensee's dismplinary status Licensee shall notify any phySiCIan asswtants or other allied health care professmnals he superVises of the diseiplinary action imposed Noti?cation shall be in writing and Licensee shall, contemporaneously the giving of such notice, subnut a copy of the notice to the Board for veri?cation by the Board or its deSignated representative 11 For purposes of this Agreement, unless othenvise speei?ed in this Agreement, all reports, documentation, evaluations, notices, or other materials required to be submitted to the Board in this Agreement shall be forwarded to the State Board of Registration for the Healing Arts, Attention Investigations, Box 4 Jefferson City, Missouri 65102 12 This Agreement does not bind the Board or restrict the remedies available to it concerning any other Violation of Chapter 334, by Licensee not speCi?cally mentioned in this document Upon the expiration of the disc1plinary period, Licensee 5 license shall be restored if all requirements of law have been satis?ed, prowded however, that in the event the Board determines that Licensee has Violated any term or condition of Agreement, the Board may, in its discretion, vacate this Agreement and impose such further disc1plme as the Board shall deem appropriate No order shall be entered by Board pursuant to the precedmg paragraph of Agreement Without nottce and an opportunity for heanng before Board as a contested case accordance the of Chapter 536, If any alleged Vtolatton of Agreement occurred durtng the pertod. the parttes agree that the Board may choose to conduct a hearmg before 1t either durtng the dtsc1p11nary penod, or as soon thereafter as a hearmg can be held, to determtne whether a Vtolatton occurred and, If so, may 1mpose further dlSL?lplmal'y actton Ltcensee agrees and sttpulates that the Board has contmumg to hold a hearmg to determtne If a ytolatton of Agreement has occurred If the Board determtnes that the Ltcensee has Vtolated a term or condmon of the d1sc1plmary pertod Vtolatton would also be actionable a proceedmg before the Hearing Commissmn or the etrcutt court, the Board may elect to pursue any lawful remedies afforded It and 15 not bound by Agreement 1n electton of remedtes concemtng that Vtolatton Licensee hereby watves and releases the Board Its members and any of Its employees agents. or attorneys, Including any former Board members, employees agents, and attorneys of, or from any clatrn acttons, causes of aetton, fees costs and expenses, and compensation, meludtng, but not hmtted to any elatms for attorneys fees and expenses mcludtng any clatms pursuant to 536 087, RSMO, or any clatm under 42 USC 1983, may be based upon, artse out of, or relate to any of the matters ratsed In agreement, or from the negotiatton or executton of agreement The parties acknowledge that paragraph IS severable from the remammg porttons of this agreement In that 11 suwwes 1n perpetutty even tn the event that any court of law deems agreement or any portton thereof v01d or unenforceable In con51dcratton of the foregomg, the partles consent to the termmatton of any further proceedmgs based upon the facts set forth hercm LICENSEE BOARD ?a "x 7 "Veg/W F312 Ahmed, Date Tma Stetnman Date Executtve Dlrector JEREMIAH (JAY) NIXON Attorney General WW I/lS/ohf Zora Mulhgan Attorney General Bar No 54990 Broadway State Of?ce Post Of?ce Box 899 Jefferson Ctty, MO 65102 (573) 751?1444 Attorneys for Board