Ron Kunzler 4360) Assastant Attorney General Mark Shunlefl' 4666) Utah Attorney General CommchIal Enforcement Dunsuon Heber Wells 160 EaSt 300 South, 5"1 Floor Box 140872 Salt Lake City, UT 84] 14-0872 TelephOnc (801) 366-0310 BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH IN THE MATTER OF THE LICENSES OF PULATION AND ORDER LARRY GLEN ANDREW, D.O. TO PRACTICE OSTEOPATHIC MEDICINE Case No DOPL 2007- ANDTO ADMINISTER AND PRESCRIBE CONTROLLED SUBSTANCES IN THE STATE OF UTAH LARRY GLEN ANDREW, D.O. ("Respondent") and the ol' Occupanonal and Professmnal Licensmg of the Department of Commerce of the State of Utah stIpulate and agree as follows. 1 Respondent the of the DIv13 on over Respondent and over the subject matter actIon 2 ReSpondent acknowledges that Respondent enters Into the; StIpulauon and voluntarily 3 Respondent understands that Re5pondent has the to be represented by counsel In this matter and Respondent?s Stgnature below sngm?es that Respondent has consulted w1th hIs anomey, Peter StIrba Assomates, and IS satls?ed attorney?s advrce. 4 Respondent understands that Respondent IS to a heanng before the Utah State OsteopathJc Licensmg Board (?the Board"), or other Of?cer, at I tlme ReSpondent may present evrdence on Respondent's own behalf, call wnnesses, and confront adverse Witnesses Respondent acknowledges that by executing document Respondent hereby waves the to a heanng and any other to Respondent may be entitled 1n connectlon sand heartng 5 Respondent waives the to the Issuance of a Petition and a of Agency Action 1n matter 6 Respondent acknowledges that Stlpulatlon and Order, 11? adopted by the Dtrector of the Dtv1510n, wull be classr?ed as a public document and may be released to other persons and entities 7 Respondent admits the followmg facts On or about August 31, 2007, Respondent entered pleas of no contest to eight (8) counts of Sexual Battery, Class A Misdemeanors, to Fourth Court, Utah County, State of Utah, Case No 061401 185, for and Intentionally the gemtals of other people, patients and stall, at vanous ttmes between on or about Apnl 10, 2002, to December 15, 2005, knowmg or havmg should of known that the conduct would hkely cause affront or alarm to the persons touched 8 Respondent that Respondent?s conduct descnbed above IS unprofessronal conduct as de?ned In Utah Code Ann 58-1-50! (2) and and that sad conduct Justi?es action against Respondent?s license pursuant to Utah Code Ann 58-1-40] (2) Therefore, Respondent agrees that an Order shall be entered 1n matter as follows 2 Respondent?s license to practice as a osteopathtc and surgeon and Respondent?s Incense to and prescnbe controlled substances shall be revoked However, the revocation on ltcenses shall be Immediately stayed and sand licenses shall be suspended pendmg the complellon of the evaluatron below After the suspensrons have been lr?ed, Respondent's ltcenses shall be placed on a ?ve (5) year probation subject to the following terms and Respondent shall successfully complete a evaluation provrded by Dr Peter Byrne on or before November 6. 2007, the date that Respondent IS scheduled to be sentenced for cnmmal case The evaluauon shall melude an assessment of the lrkelrhood of future sexual boundary Violations by Dr Andrew Respondent has contacted Dr Byme, the ltcensed professmnal, for an mutual to begm the evaluation Respondent shall attend all appomtrnents and follow?up appomtments a timely manner ReSpondent shall cooperate fully With the evaluator to ensure a fatr and complete evaluation Respondent shall notify the Immedlately after complettng the evaluatlon and have a copy sent to the Dmsron on or before November 6, 2007 If Respondent falls to submit the evaluation to the Dmston wrtlun the tune stated ab0ve, the may take any actton necessary pursuant to the Utah Procedures Act, Utah COde Annotated 63- 46b Respondent shall successfully complete all treatment programs and treatment reconunendatrons as outllned 1n the evaluauon and any requirements the Dmsnon and the Board may Impose Followmg the evaluation, Respondent shall submtt a pracuce plan for approval by the DIVISIOD and the Board Respondent?s practtce plan shall be based upon a form prOVIdcd by the Dmsron Respondent shall paJ'llC1patem any therapy and aftercare that the Dmsron and the Board may require after completlon of ReSpondent's treatment program. Any treatment program or therapist from whom Respondent has or treatment must be approved by the D1v1sron and the Board, and Respondent shall dLrect and authonze Respondent?s theraptsl to dtscuss Respondent?s dragnosts, treatment. and prognosrs the D1v1sron and the Board Respondent shall dtrect Respondent?s therapist or aftercare provrder to 5111311!? quarterly evaluations to the Board that address Respondent's progress In treatment and Respondent?s prognosrs Respondent may be subject to reevaluatlon upon notice and opportumty to be heard Respondent shall par11c1pate In any therapy, counseltng or aftercare that the Dmsron or Board may requtre, even If no therapy, counselmg or aftercare was recommended by an evaluator Respondent shall meet the Beard at the ?rst scheduled Board meeting followmg the date of this Stipulation and Order Respondent shall provrde the Board With a plan for Respondent's treatment meludtng the name(s) of the evaluators, any and any dISpensm phannacy Respondent shall a who 15 not related to the Respondent, who has no ?nancral, busmess, or personal relationslup the Respondent and who 13 In good standing erh the DIVISIOH on or before Imtlal meettng the Board as prowded In paragraph 8 The must be approved by the Board, shall agree to consult the Respondent on a 4 weekly shall rewew 10% of Respondent's charts each month to determme appropriate compliance with the practice plan, practice issues and standards and ethics of care and shall submit performance evaluations for the Respondent to the Board on a quarterly basrs The receipt of an unfavorable report may be considered to be a Violation of probation. 1f Respondent is not employed as a Respondent shall submit the employer performance report form on the date it is due and indicate on the l'Orm that the Respondent is not currently practicmg as a or that the Respondent is not currently working Any cost of shall be the Respondent?s responsrbility Respondent shall attend a sexual boundanes course approved by the Board and provide proof of completion to the DivtSion and Board 51x05) months of the effective date of this Order ReSpondent completed a three?day ontinuing Medical Educatton course entitled "Maintaining Proper Boundaries" at The Center for Professwnal Health at Medical Center from April 26-28, 2006, for which he received 20 5 hours of category one CME credit The Dmsron and Board, at their discretion, may con51der this education in conjunction With the above requnement Respondent shall attend a medical ethics course approved by the Board and prowde proofofcompletion to the and Board Within eight (8) months of the effective date of this Order During the period of probation, Respondent shall not consult With, examme or treat any female patient Without a chaperon present at all times and shall maintain a log documenting the chaperon?s presenCe The chaperon shall Sign the patient's medical record and log to the chaperon's attendance The mforrnatlon recorded tn the log shall also be documented In the patient Chan Respondent shall present log to the Board for Its rev1ew at each quarterly meeting or as otherWIse directed Dunng the penod of probation, Respondent shall not prowde health care to any staff or employees 1n of?ce by way of Respondent?s consultatton, exarmnauon or treatment of any whatsoever Dunng the penod of probatlon, ReSpondent shall not be or use hrmself as the SUbjeCt or model to demonstrate or provtde education to any staff or employees In his of?ce Respondent shall nottfy the Dmsron of any change In Respondent?s resrdenttal or busmess address ReSpondent shall nottfy the Board In one (1) week of any change of employer, employment status. or practice status nott?canon IS requrred regardless of whether ReSpondent IS employed In Respondent's professron 1f Respondent leaves the State of Utah for a penod longer than (60) days, Respondent shall notify the Dwmon and Board In of the dates of Respondent?s departure and retum The ltcensmg authonttes to which Respondent moves shall be noti?ed by Re5pondent 1n wnung of the prov1s:ons of Stipulation and Order Penods of resndency or practice outs:de the State of Utah may apply to the of the penod Sttpulatton and Order 15 effect, If the new state of resrdency places equal or greater upon the Respondent as those contained In thIS Stipulation and Order Respondent shall mamtam a current hcense at all dunng the penod of Sttpulatlon and Order [n the event Respondent does not practlce as an osteopathrc and surgeon for a penod of (60) days or longer. Respondent shall notify the Board of the date Respondent ceased The penod of tune wh1ch Respondent does not practice shall not be counted toward the time penod of Stipulatlon and Order It shall be the of the Board to modtfy requlrement 1f Respondent satisfactorily explams to the Board that Respondent's case was Impractlcal or unduly burdensome Respondent must work at least Sixteen (16) hours per week and no more than (48) hours per week to be consrdered 1n Respondent?s professron ReSpondent shall complete all terms and of any cnmmal sancttons, Incurred before or dunng the penod of Stipulatlon and Order, Includrng probation or parole lfRespondent has not successfully completed all the terms and of Respondent?s proballon at the tune Respondent?s probationary penod ends. the penod of Respondent?s probation shall be extended until all the conditions of Respondent's cnmmal probation have been successfully completed If Respondent IS arrested or charged With a cnmmal offense by any law enforcement agency, In any 1n31de or outsrde the State of Utah, for any reason. or should Respondent be as a patlent to any Institution 1n state or elsewhere for treatment regarding the abuse of or dependence on any chemrcal substance. or for the treatment for any emotional or disorder. 7 9 Respondent agrees to cause the Dmsron and Board to be nou?ed Immedrately lf Respondent at any trme dunng the penod of this Stipulation and Order rs convmted of a criminal offense of any kind, other than minor non-alcohol related tra?'ic offenses, enters a dwersron program, or plea In abcyance to a olTense of any kmd, the may take apprOpnate action against Respondent. mcludlng tmposrng appropnate sanctlons, after HOIICC and opportunity for heanng Such sancttons may melude revocation or suspenston of Respondent?s or other appropnate sanctions Respondent shall notify Respondent's and any employer(s) of Respondent?s status and the terms of Strpulatron and Order Respondent shall prowde to Respondent?s supemsmg and any employcds) a copy of [his Strpulatron and Order and cause each employer to acknowledge to the Board 111 that a copy of this Strpulanon and Order has been provrded to the employer(s) allure of Respondent to pay the costs assocrated With the Strpulatron and Order constitutes a ofthe Stipulatton and Order The Dwrsuon may take appropriate actron to mtpose 1f Respondent I wolates any federal, state or local law relattng to Respondent?s practtce. the Controlled Substance Act. or a term or condition of Strpulahon and Order Sanctrons may Include revocation or suspenswn of Respondent's llcense, or other appropnate S?l?lCtIOl?l, In the manner provnded by law Sttpulauon and Order. upon approval by the Director of the shall be the ?nal compromise and settlement of matter Respondent acknowledges that the Dtrector 15 I 8 not required to accept the terms of this Stipulation and Order and that if the Director does not do so, this Stipulation and the representations contained therein shall be null and vord, except that the DiVISion and the Respondent waive any claim of bias or prejudgment Respondent might have with regard to the Director by Virtue of his havrng reViewed this Stipulation, and this waiver shall Sun/we such nulli?cation lO Respondent agrees to abide by and comply With all applicable federal and state laws, regulations. rules, and orders related to the Respondent's practice as a 1 This doeument constitutes the entire agreement between the parties and supersedes and cancels any and all prior negotiations. representations. understandings or agreements between the patties regarding the subject of this Stipulation and Order There are no verbal agreements that modify. interpret, construe or affect this Stipulation 12 The terms and conditions of this Stipulation and Order become effective immediately upon the approval of this Stipulation and Signing of the Order by the Director Respondent must comply all the terms and conditions of this Stipulation immediately followmg the DiViSion Director's Signing of the Order page of this Stipulation and Order Respondent shall complete all the terms and conditions contained in the Stipulation and Order in a timely manner If a time period for completion of a term or condition is not specr?cally set forth in the Stipulation and Order, Respondent agrees that the time period for completion of that term or condition shall be set by the Board Failure to complete a term or condition in a timely manner shall constitute a Violation of the Stipulation and Order and may subject Respondent to revocation or other sanctions 13 If Respondent Violates any term or condition of this Stipulation and Order, the may take action against Respondent, including imposmg appropriate sanctions, in the manner prowded by law Such sanctions may include revocation or suspensron of Respondent?s license, or other appropri ate sanctions l4 Respondent has read each and every paragraph contained in this Stipulation and Order Respondent understands each and every paragraph contained in this Stipulation and Order Respondent has no questions about any paragraph or provmon contained in this Stipulation and Order DIVISION OF OCCUPATIONAL RESPONDENT PROFESSIONAL LICENSING 7 BY Mar .. DIANA BAKER ANDREW Bureau Manager 6 DATE ?2422: 7. 2&0 DATE 71-25-197 l' MARK SHURTLEFF APPRO TO FORM ATTORNEY GENERAL BY RON KUNZLER PETER STIRBA Counsel for the DIVISIOD Stirba Assoc1ates Counsel for Respondent DATE 02km!- 2007 DATE I . 10 931% THE ABOVE STIPULATION. In the matter of LARRY GLEN ANDREW, D.O., rs hereby approved by the ofOccupatronal and Professronal Llcensmg. and my of Fact and Conclusrons of Law In this matter The terms and condmons of the Stlpulatton are Incorporated herein and my ?nal Order In case DATED 7 day of ejgy/fmabt?? 2007 DIVISION OF OCCUPATIONAL AND PROF CENSING DAVID STANLEY Duector ll BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH IN THE MATTER OF THE LICENSES OF LARRY GLEN ANDREW, no AMENDED ORDER TO PRACTICE AS AN OSTEOPATHIC Case No AND TO ADMINISTER . DopL-2007?205 AND PRESCRIBE CONTROLLED SUBSTANCES IN THE STATE OF UTAH BY THE DIVISION: The D1v1sxon's Stipulatlon and Order, dated September 27, 2007, 1n the above-referenced case is hereby amended as follows IT IS HEREBY ORDERED that the suspen51on on Respondent's licenses to pract1ce as an osteopath1c phy51c1an/surgeon and to and prescribe controlled substances 13 termlnated ratroactlve to September 28, 2007 Bald llcenses are now placed on probatlon for flve (5) years subject to the and restrictlons 1n the September 27, 2007 Stlpulatlon and Order All other and 1dent1fied 1n the September 27, 2007 Stlpulatlon and Order shall remaln the same and 1n effect Dated day of October, 2007 (fl- 4 7 /Q/f Dav1d Stanley /7 D1rector KARL PERRY 2570) Attorney General MARK SHURTLEFF 4666) Utah Attorney General Commercral Enforcement Dmsron Heber Wells Box 140872 Salt Lake City, UT 841 14?0872 Telephone (801) 366?03 10 BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH IN THE MATTER OF THE LICENSE OF LARRY GLEN ANDREW, DO AMENDED STIPULATION TO PRACTICE AS A OSTEOPATHIC AND ORDER AND TO ADMINISTER AND PRESCRIBE CONTROLLED SUBSTANCES IN THE STATE OF UTAH CASE NO DOPL 2007?205 LARRY GLEN ANDREW, DO, (?Respondent?) and the of Occupational and Professronal Licensmg ofthe Department of Commerce ofthe State of Utah (?D1v1510n?) stipulate and agree as follows 1 Respondent ofthe over Respondent and over the matter actlon 2 Respondent acknowledges that ReSpondent enters Into ll'llS Stlpulatton and voluntarily 3 Respondent the facts from ongmal St1pulatlon and Order namely That on or about August 31, 2007, Respondent entered pleas of no contest to eight (8) counts oISexual Battery, Class A Misdemeanors, in the Forth District Court, Utah County, State ofUtah, Case No 061401 185, for and intentionally touching the genitals of other people, patients and staff, at various times between April 10, 2002 and December 15, 2005, knowmg or haying should ofknown that the conduct would likely cause affront or alarm to the persons touched 4 The Respondent represents that he has successfully completed his criminal probation in the case ol'State vs Andrews, in the Fourth District Court, Utah County, State ol'Utali, Case No 061401l85 and that the matter was closed With his probation Successfully completed on December 8, 2009 Further. that this criminal case has prevented Respondent from his practice of infertility medicme and Respondent is now ready and desmng to practice infertility medicme as allowed by the terms ofthis Stipulation and Order Respondent has also completed an updated evaluation which determmes that he is currently safe to practice and IS at low risk ofreCIdmsm 5 Respondent acknowledges that this Stipulation and Order, ifadopted by the Director ofthe Will be ClaSSl?ed as a public document and may be released to other persons and entities 6 RespOndent agrees that an Order shall be entered in this matter as follows (A) The Respondent's license shall be subject to a term ofprobation for a period ofthree (3) years The period ofprobation shall commence on the effective date ofthis Stipulation and Order, which is the date the Diwsmn Director Signs the Order During the period of probation, the Respondent shall be subject to all ofthe followmg terms and conditions lfthe later deems any ofthe conditions unnecessary such deletions may be made by an amended order issued unilaterally by the DIVISIOH (B) Respondent shall meet With the Board Within thirty (30) days ofthe Signing ofthis Stipulation and Order Respondent shall then meet (C) (D) (E) the Board on a quarterly basrs or at such other greater or lesser frequency as detemnned by the Board and for the durauon ofthe Strpulatton and Order Respondent agrees to meet With an aSSIgned staff member prtor to the ?rst Board meettng Respondent shall a superv15mg who IS 1n good standmg With the Dunsron This can be his current superv131ng The agree to co? manage practice care Issues Respondent, at the expense of Respondent The must be approved by the Board and shall consult Respondent on at least a weekly or such other basrs as determmed by the DIVISton/Board regarding practice Issues The phySICIan shall revtew l0% of Respondent?s charts each month to determme appropnate compllance the pracuce plan, practlce rssues and standards and ofcare Respondent shall cause the to meet w1th the Board, In person or telephontcally, at the ?rst meeting the Board followmg the effecttve date Order, to dlscuss Issues and the expected ofa to performance evaluations to the Board on a basrs change to a quarterly upon the Boards approval The receipt of an unfavorable report may be consrdered to be a violation ofprobatton If Respondent 15 not employed as a phy31cran. Respondent shall submit the employer performance report form on the date It IS due and 1nd1cate on the form that Respondent Is not currently as a or that ReSpondent rs not currently workmg Any cost of shall be Respondent?s Respondent shall provrde a copy Sttpulatlon and Order to any assocrate With whom ReSpondent has any fomtal practice assocratton Respondent has successfully completed a evaluation provrded by a licensed provrder on November 30, 2009 Respondent shall attend all follow-up appomtments a timely manner as requested Respondent shall cooperate fully With the evaluator on any follow-up requests to assess Respondent?s and safety to practice During the pertod of probation. Respondent shall not consult or treat any female pattent wrthout a chaperone present When a chaperone IS necessary, Respondent shall at all ttmes mamtam a log srgned by the chaperone documenting thetr presence The mfonnatlon recorded tn the log shall also be documented the patient chart Respondent shall (F) (G) (H) (J) (K) present log to the for Its at each quarterly meeting or as otherw15e directed The form for chaperone log shall be approved by the Followmg the evaluation, Respondent shall submlt a practlce plan for approval by the D1v1510n and the Board Respondent?s practice plan shall be based upon on a form pr0v1ded by the Dmsron Respondent shall partnerpate all therapy and aftercare that the evaluator may requrre Respondent shall authonze all approved treatment programs or therapists from whom Respondent has received or Will recelve treatment to discuss Respondent?s diagnosm, treatment, and prognOSIS With the D1v1510n and the Board The program or therapist must also be directed to Smell evaluatlons to the Board that address Respondent?s progress 1n treatment and Respondent's prognosns at the frequency descnbed above Respondent may be subject to re-evaluat10n upon HOIICC and opportumty to be heard Dunng the penod of probation, Respondent shall not provtde health care to any staffor employees of of?ce by way of Respondent?s consultation, examlnatton or treatment of any kind Dunng the penod ofprobatlon. ReSpondent shall not use htmselfas the subject or model to demonstrate or educate to any staff or employees of of?ce In the Interest ofpubllc safety. the DIVISION may Impose requlrements above and beyond those recommended by the evaluator the chemrcal dependency, and evaluatrons set forth above Respondent agrees to comply w1th these requirements The Respondent?s practlce plan shall contain the followmg phy51c1an safeguards (I) No employees to perform medical or other care for the phys1c1an nor to work on the (II) No female patients to be seen at the end ofday lfstaff and/or chaperone not staying or gomg to be present (In) (W) (V) (VI) (vn) (vut) (Ix) Respondent shall avord questtons to his employees that delve Into the employee?s personal hfe or detatls of Respondent?s personal hfe to his employees Respondent shall comply With any patlent satlsfactton survey as requested by the Dmsron/Board Respondent shall put place measures to Insure that all necessary consent forms are sugned by patients pr10r to any procedures These consent forms shall completely explain the procedure Respondent shall have all consent forms approved by his superwsor, he has for procedures, and prov1de to the D1v1510n/Board for approval prior to thetr use 1115 practice Respondent shall abide by the requrrements set forth the Amencan Medtcal Assocratlon Code of Ethics Respondent shall follow any and all recommendattons gtven tn evaluation Respondent shall successfully complete all marital counseling as set forth 1n evaluation 7 This Strpulatlon and Order, upon approval by the Director ofthe D1v1310n, shall be the ?nal compromise and settlement matter Respondent acknowledges that the Director IS not requrred to accept the terms Sttpulatton and Order and that 1fthe does not do so, ?115 Stipulation and the representattons contained therem shall be null and v01d. except that the Dmsron and the Respondent watve any dam of bras or prejudgment Respondent have regard to the Dlreclor by vmue ofhts havmg rev1ewed this Stipulatton, and waiver shall surv1ve such 8 Respondent shall Immedlately notify the ofany change In Respondent?s reSIdential or busmess address Respondent shall notify the Board in writing Within one 1) week of any change ofemployer. employment status, or practice status This noti?cation lS requned regardless of whether Respondent is employed in Respondent?s professmn 1f Respondent leaves the State of Utah for a period longer than Sixty (60) days, Respondent shall notify the DinSion/Board in writing ofthe dates of Respondent?s departure and return The licensmg authorities ofthe Jurisdiction to which Respondent moves shall be noti?ed by Respondent in writing ofthe ofthis Stipulation and Order Periods ofreSIdency or practice out5ide the State of Utah may apply to the reduction ofthe period ofthis Stipulation and Order is in effect, 1fthe new state of reSidency places equal or greater conditions upon the Respondent as those contained in this Stipulation and Order 9 Respondent shall maintain a current license at all times dunng the period ofthis Stipulation and Order In the event Respondent does not practice as an osteopathic phy51c1an and surgeon for a period of Sixty (60) days or longer, Respondent shall notify the Board in writing of the date Respondent ceased practicmg The period oftime in which Respondent does not practice shall not be counted toward the time period ofthis Stipulation and Order It shall be Within the discretion ofthe DivISIOn/Board to modify this reqmrement if Respondent satisfactorily explains to the DivISIon/Board that Respondent?s case was impractical or unduly burdensome Respondent must work at least Sixteen (16) hours per week and not more than forty-eight (48) hours per week to be consrdered "practicmg" in Respondent?s professmn IO Respondent agrees to abide by and comply With all applicable federal and state laws, regulations, rules and orders related to the Respondent?s practtce The may take appropnate actton to Impose sancttons 1f Respondent Vtolates any federal. state or local law relatlng to Respondent?s practice, the Controlled Substance Act, or a term or Sttpulatton and Order 1 Respondent shall nottfy Respondent?s and any employer(s) of Respondent?s status and the terms Sttpulatton and Order 12 Respondent shall provrde to Respondent?s superv1smg and employer(s) a copy Sttpulatlon and Order and cause each employer to acknowledge to Board 1n that a c0py of ll?lIS Stlpulatton and Order has been prov1ded to the employer(s) l3 Fatlure to Respondent to pay the costs assocrated With the Stlpulatton and Order const1tutes a Vlolauon ofthe Stlpulatlon and Order 14 Respondent represents that he has completed all of his cnmmal probatton lf Respondent IS arrested or charged With a offense by any law enforcement agency, any msrde or outsrde the State of Utah, for any reason, or should Respondent be admitted as a pallent to any In state or elsewhere for treatment regardmg the abuse ofor dependence on any chemical Substance, or for the treatment for any emottonal or dISorder, Respondent agrees to cause the Dmsron and Board to be nott?ed Immediately lf Respondent at any time dunng the penod Stlpulatton and Order 15 conwcted ofa cnmmal offense of any kmd, other than mmor non?alcohol related traf?c offenses, enters a dwersron program, or plea abeyance to a cnmmal offense of any kind, the Dmsron may take appropnate action against Respondent, including imposmg appropriate sanctions after notice and opportunity for hearing 15 This document constitutes the entire agreement between the parties and supersedes and cancels any and all prior negotiations, representations. understandings or agreements between the parties regarding the subject ol'this Stipulation and Order There are no verbal agreements that modify, interpret, construe or affect this Stipulation 16 The terms and conditions ofthis Stipulation and Order become effective immediately upon the approval ofthis Stipulation and Signing ofthe Order by the DiViSion Director Respondent must comply all the terms and conditions ofthis Stipulation immediately followmg the Director?s Signing ofthe Order page ofthis Stipulation and Order Respondent shall complete all the tenns and conditions contained in the Stipulation and Order in a timely manner lfa time period For completion ofa term or condition is not speCi?cally set forth in the Stipulation and Order, Respondent agrees that the time period for completion of that term or condition shall be set by the DiviSion/Board Failure to complete a term or condition in a timely manner shall constitute a Violation ofthe Stipulation and Order and may subject Respondent to revocation or other sanctions If Respondent Violates any term or condition ofthis Stipulation and Order, the may take action against Respondent, including imposmg appropnate sanction, in the manner prowided by law Such sanction may include revocation or suspenSion of Respondent?s license, or other appropriate sanction 18 Respondent has read each and every paragraph contamed In thIs Stipulation and Order Respondent understands each and every paragraph contaIned In thIs StIpulalIon and Order Respondent has no questions about any paragraph or prowsmn contamed In thIs StIpulatIon and Order DIVISION OF OCCUPATIONAL RESPON N0 y/ PROFESSIONAL LICENSING - BY Iv NOEL TAXIN DO Bureau Manager DATE 9.109% DATE WK. lg. 2506] MARK SHURTLEFF ATTORNEY GENERAL KaRL?Gr-zrmh" AsSIstant Attorney General DATE ORDER THE ABOVE STIPULATION, 1n the matter of Larry Glen Andrew, DO. 15 hereby approved by the of Occupational and Professxonal Ltcensmg, and my of Fact and Conclusmns of Law 1n this matter The temts and ofthe Stipulation are Incorporated hereln and my ?nal Order case DATED this day of . 2009 DWISEON OF OCCUPATLONAL AND PROFESSIONAL LICENSING W??b MARKB STETNAGEL Director BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH IN THE MATTER OF THE LICENSES OF . LARRY GLEN ANDREW, DO AMENDED ORDER TO PRACTICE AS AN OSTEOPATHIC Case NO AND TO ADMINISTER . AND PRESCRIBE CONTROLLED SUBSTANCES IN THE STATE OF UTAH BY THE DIVISION: The D1v151on's Stipulatlon and Order, dated September 27, 2007, 1n the above?referenced case is hereby amended as follows IT IS HEREBY ORDERED that the suspen51on on Respondent's llcenses to practlce as an osteopathlc phy51c1an/surgeon and to and controlled substances 1s termlnated retroactlve to September 28, 2007 Sald llcenses are now placed on probatlon for flve (5) years subject to the and restrictlons 1n the September 27, 2007 Stipulation and Order All other and 1dent1fied 1n the September 27, 2007 Stlpulatlon and Order shall remaln the same and 1n effect Dated day of October, 2007 Dav1d Stanley /7 Sf. Director REE A Ron Kunzler 4360) Attorney General Mark Shurtle?? 4666) Utah Attorney General Commercral Enforcement Heber Wells Building 160 East 300 South, 5"1 Floor Box 140872 Salt Lake City, UT 84] 14-0872 Telephone (801) 366-0310 BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH IN THE MATTER OF THE LICENSES OF STIPULATION AND ORDER LARRY GLEN ANDREW, D.O. TO PRACTICE OSTEOPATHIC MEDICINE Case No DOPL 2007- AND-TO ADMINISTER AND CONTROLLED SUBSTANCES IN THE STATE OF UTAH LARRY GLEN ANDREW, D.O. (?Respondent?) and the D1v1510n of Occupatlonal and Professronal Llcensmg of the Department of Commerce of the State of Utah (?D1v1sron?) stlpulate and agree as follows. 1 Respondent the of the D1v1310n over Respondent and over the subject matter of thIS actlon 2 Respondent acknowledges that Respondent enters mto Sttpulatlon and voluntanly 3 Respondent understands that Respondent has the ?ght to be represented by counsel 1n ll?llS matter and Respondent?s srgnature below srgm?es that Respondent has consulted With his attorney, Peter Assocrates, and IS satis?ed attorney?s advrce. ??IJI?hmh. - 4 Respondent understands that Respondent lS to a heanng before the Utah State Osteopathrc Llcensmg Board (?the Board"), or other D1v1sron Pre31d1ng Officer, at ttme Respondent may present ewdence on Respondent?s own behalf, call w?nesses, and confront adverse w1tnesses Respondent acknowledges that by executmg document Respondent hereby walves the to a heanng and any other to Respondent may be 1n connectlon w1th sald hearmg 5 Respondent waves the to the Issuance of a Petltlon and a Notlce of Agency Action 111 matter. 6 Respondent acknowledges that tlus St1pulatlon and Order, 1f adepted by the D1rector of the Dmsron, w111 be c1assn?ed as a pubhc document and may be released to other persons and entitles 7 Respondent adm1ts the followmg facts On or about August 31, 2007, Respondent entered pleas of no contest to e1 (8) counts of Sexual Battery, Class A Mlsdemeanors, 1n Fourth Court, Utah County, State of Utah, Case No. 061401 185, for and Intentionally the genltals of other people, patients and staff, at vanous tlmes between on or about Apnl 10, 2002, to December 15, 2005, knowmg or havmg should of known that the conduct would llkely cause affront or alarm to the persons touched 3 Respondent adn'nts that Respondent?s conduct descnbed above 15 unprofessronal conduct as de?ned 1n Utah Code Ann 58-1-501 (2) and and that said conduct dlSCIpllnaI'y actlon agamst Respondent?s pursuant to Utah Code Ann 58-1-40] (2) Therefore, Respondent agrees that an Order shall be entered 1n th1s matter as follows 2 a. Respondent?s license to practlce as a osteopathlc and surgeon and Respondent?s llcense to and prescnbe controlled substances shall be revoked However, the revocatlon on his ltcenses shall be Immediately stayed and sad llcenses shall be suspended pending the completlon of the evaluation below After the suspensrons have been lr?ed, Respondent?s licenses shall be placed on a ?ve (5) year probatlon subject to the followmg terms and Respondent shall success?Jlly complete a evaluatron provrded by Dr Peter Byrne on or before November 6, 2007, the date that Respondent IS scheduled to be sentenced for h1s cnmmal case The evaluatlon shall 1nclude an assessment of the llkelrhood of future sexual boundary Vlolatlons by Dr Andrew Respondent has contacted Dr Byme, the D v s10n~approved llcensed profess1onal, for an 1mt1al appomtment to begin the evaluatlon Respondent shall attend all appomtments and follow?up appomtments 1n a timely manner ReSpondent shall cooperate fully the evaluator to ensure a fan and complete evaluatlon Respondent shall notlfy the D1v1s10n Immedlately after success?rlly completmg the evaluatlon and have a copy sent to the D1vrsron on or before November 6, 2007 If Respondent falls to submlt the evaluatlon to the D v15 on W1t1un the time stated above, the DIVISIOH may take any actlon necessary pursuant to the Utah Procedures Act, Utah Code Annotated 63- 46b Respondent shall successfully complete all treatment programs and treatment recommendatlons as outlmed 1n the evaluatlon and any requirements the D1v1s10n and the Board may 1mpose Followmg the evaluation, Respondent shall submlt a practlce plan for approval by the D1v1310n and the Board Respondent?s practlce plan shall be based upon a form provrded by the Respondent shall In any therapy and aftercare that the D1v1310n and the Board may requrre after completlon of Respondent?s treatment program. Any treatment program or theraplst from whom Respondent has or receive treatment must be approved by the D1v1510r1 and the Board, and Respondent shall dtrect and authonze Respondent?s therapist to Respondent?s d1agnos15, treatment, and prognosrs w1th the D1v1sron and the Board Respondent shall d1rect Respondent?s therapist or aftercare provrder to submrt quarterly evaluatlons to the Board that address Respondent?s progress 1n treatment and Respondent?s prognosrs Respondent may be subject to reevaluanon upon notice and opportumty to be heard Respondent shall 1n any therapy, counselmg or aftercare that the D1v1510n or Board may requ1re, even 1f no therapy, counselmg or aftercare was recommended by an evaluator Respondent shall meet w1th the Board at the ?rst scheduled Board meetlng followmg the effectlve date of ?ns Strpulatlon and Order. Respondent shall provrde the Board w1th a plan for Respondent?s treatment rncludmg the name(s) of the evaluators, any and any dispensmg pharmacy Respondent shall Identify a who 15 not related to the Respondent, who has no ?nanclal, busmess, or personal W1th the Respondent and who rs 1n good standmg w1th the D1v1sron on or before Imtlal meetmg w1th the Board as provrded 1n paragraph 8 The superv151ng must be approved by the Board, shall agree to consult W1th the Respondent on a 4 weekly bas15, shall rev1ew 10% of Respondent's charts each month to determine appropnate compliance the practlce plan, practtce lssues and standards and ethos of care and shall subm1t performance evaluations for the Respondent to the Board on a quarterly basrs The receipt of an unfavorable report may be consrdered to be a Vlolatlon of probation. If Respondent rs not employed as a phy51c1an, Respondent shall subm1t the employer performance report form on the date It 13 due and 1nd1cate on the form that the Respondent IS not currently as a phy51c1an or that the Respondent IS not currently Any cost of supervmon shall be the Respondent?s Respondent shall attend a sexual boundanes course approved by the Board and prov1de proof of completron to the Dmsron and Board 51x (6) months of the effectlve date of Order Respondent completed a three-day ontmumg Medical Educauon course ?Mamtammg Proper Boundanes? at The Center for Pro fessmnal Health at Unlversny Medlcal Center from Apnl 26-28, 2006, for he recewed 20 5 hours ofcategory one CME credlt The D1v1ston and Board, at their discretton, may con31der educatlon 1n conjunction the above requrrement Respondent shall attend a medlcal course approved by the Board and provnde proofofcompletlon to the D1wsnon and Board Withl? eight (8) months of the effectlve date of Order Dunng the penod of probatlon, Respondent shall not consult wrth, examme or treat any female patlent wrthout a chaperon present at all tlmes and shall mamtam a log documentmg the chaperon?s presence The chaperon shall Sign the patlent?s medical record and log attesting to the chaperon?s attendance The information recorded in the log shall also be documented in the patient chart Respondent shall present this log to the Board for its rev1ew at each quarterly meeting or as otherwme directed During the period of probation, Respondent shall not prowde health care to any staff or employees in his of?ce by way of Respondent?s consultation, examination or treatment of any kind whatsoever. During the period of probation, Respondent shall not be or use himself as the subject or model to demonstrate or prov1de education to any staff or employees in his of?ce Respondent shall immediately notify the in writing of any change in Respondent?s re31dential or busmess address ReSpondent shall notify the Board in writing Within one (1) week of any change of employer, employment status, or practice status This noti?cation is required regardless of whether Respondent is employed in Respondent?s professron If Respondent leaves the State of Utah for a period longer than Sixty (60) days, Respondent shall notify the and Board in writing of the dates of Respondent?s departure and return The licensmg authorities of the to which Respondent moves shall be noti?ed by Respondent in writing of the prov1510ns of this Stipulation and Order Periods of reSIdency or practice outsrde the State of Utah may apply to the reduction of the period this Stipulation and Order is in effect, if the new state of resrdency places equal or greater conditions upon the Respondent as those contained in this Stipulation and Order Respondent shall mamtam a current ltcense at all t1mes dunng the perrod of ?ns Stlpulatlon and Order In the event Respondent does not practtce as an osteopathrc and surgeon for a pcnod of (60) days or longer, Respondent shall notify the Board 1n of the date Respondent ceased The penod of t1me 1n Respondent does not practice shall not be counted toward the t1me penod of [1118 Stipulatlon and Order It shall be the of the Board to modlfy requlrement 1f Respondent sansfactonly explams to the Board that Respondent?s case was Impractlcal or unduly burdensome Respondent must work at least Stxteen (16) hours per week and no more than (48) hours per week to be conSIdered 1n ReSpondent?s professron Respondent shall complete all terms and of any sancttons, Incurred before or dunng the period of Stlpulatlon and Order, Includtng probatlon or parole IfRespondent has not successfully completed all the terms and of Respondent?s cnmmal probation at the t1me Respondent?s adrrumstratlve probatlonary penod ends, the penod of Respondent?s administratlve probation shall be extended until all the of Respondent?s cnmmal probatlon have been successfully completed If Respondent IS arrested or charged With a offense by any law enforcement agency, any 1n51de or outs1de the State of Utah, for any reason, or should Respondent be as a patlent to any Institution 1n state or elsewhere for treatment regardmg the abuse of or dependence on any chemlcal substance, or for the treatment for any emotlonal or dlsorder, 7 Respondent agrees to cause the and Board to be notl?ed immedlately If Respondent at any tlme dunng the penod of Stipulatlon and Order 15 conv1cted of a cnmmal offense of any kmd, other than mlnor non-alcohol related traf?c offenses, enters a dwerswn program, or plea In abeyance to a cnmmal offense of any kmd, the Dmsron may take appropnate action against Respondent, 1nclud1ng 1mposmg appropnate sanctlons, after notice and opportumty for heanng Such sanctlons may Include revocation or suspensron of Respondent?s ltcense, or other appropnate sanctlons Respondent shall notify Respondent?s phys1c1an and any employer(s) of Respondent?s status and the terms of Stipulatlon and Order 0 Respondent shall prov1de to Respondent?s physuzlan and any employer(s) a copy of this Stlpulatlon and Order and cause each employer to acknowledge to the Board 1n that a copy of this Stlpulatlon and Order has been prov1ded to the employer(s) Fallure of Respondent to pay the costs assocmted the Stlpulatlon and Order constitutes a Violation ofthe Stipulatlon and Order The D1v1510n may take approprlate actlon to 1mpose sanctlons 1f Respondent Vlolates any federal, state or local law relating to Respondent?s practlce, the Controlled Substance Act, or a term or condition of Stipulahon and Order Sanctlons may Include or suspens1on of Respondent?s or other approprlate sanctlon, 1n the manner prov1ded by law 9 Stlpulauon and Order, upon approval by the of the shall be the ?nal compromlse and settlement of th1s matter Respondent acknowledges that the Dlrector rs 8 I not reqtured to accept the terms of Stlpulatton and Order and that If the Dlrector does not do so, this Sttpulatlon and the representattons contalned therem shall be null and v01d, except that the D1v1510n and the Respondent walve any claim of bras or prejudgment Respondent have w1th regard to the Drrector by v1rtue of havmg rev1ewedth15 Sttpulatlon, and 111115 walver shall survwe such 10 Respondent agrees to abtde by and comply w1th all federal and state laws, regulattons, rules, and orders related to the Respondent?s practlce as a PhySICIan/Surgeon 1 document the entlre agreement between the parttes and supersedes and cancels any and all pnor negottattons, representations, or agreements between the patties the subject of Stlpulatlon and Order. There are no verbal agreements that modlfy, Interpret, construe or affect th1s Sttpulatron 12 The terms and of Strpulat10n and Order become effectlve Immedlately upon the approval of this Stipulatton and of the Order by the D1rector Respondent must comply all the terms and of Stlpulatlon Immedlately followmg the D1v1310n Dlrector?s of the Order page of Stlpulatton and Order Respondent shall complete all the terms and contamed 1n the Stlpulatlon and Order 1n a tlmely manner lfa ttme pertod for completion ofa term or IS not specr?cally set forth 1n the Stlpulatlon and Order, Respondent agrees that the time penod for completlon of that term or shall be set by the Board Failure to complete a term or 1n 3 tlmely manner shall a Vlolatlon of the Stlpulatlon and Order and may subject Respondent to revocatlon or other 13 If Respondent Vlolates any term or of Stlpulatlon and Order, the DIVISION may take actlon agalnst Respondent, Including Imposmg appropnate sanctlons, 1n the manner prov1ded by law Such sanctions may Include revocatlon or suspensron of Respondent?s llcense, or other appropnate sanctlons I4 Respondent has read each and every paragraph contamed ?115 Stlpulatron and Order Respondent understands each and every paragraph contained In Stipulatlon and Order Respondent has no questions about any paragraph or prov1510n contained 1n Stlpulatlon and Order DIVISION OF OCCUPATIONAL PROFESSIONAL LICENSING BY My; DIANA BAKER Bureau Manager DATE Mi 200?? MARK SHURTLEFF ATTORNEY GENERAL BQKM RONR KUNZLER Counsel for the D1v151on DATE Alas-g!- 19:20:57 10 RESPONDENT 7/ BY YG NANDEEW, DATE APPRO BY TO FORM. PETER STIRBA Assoc1ates Counsel for Respondent DATE 67/29/200? QRAELR THE ABOVE STIPULATION, 1n the matter of LARRY GLEN ANDREW, D.O., IS hereby approved by the of Occupatlonal and Professronal Licensmg, and my of Fact and Concluswns of Law In matter The terms and of the Stlpulatlon are Incorporated herem and my ?nal Order In [1115 case DATED this 7 day of jf?/Fm?t?f .2007 DIVISION OF OCCUPATIONAL AND PROF SSIONAL CENSING DAVID STANLEY Dlrector ll BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH IN THE MATTER OF THE LICENSES OF LARRY GLEN ANDREW, DO ORDER REINSTATING LICENSE TO PRACTICE AS AN OSTEOPATHIC . AND TO ADMINISTER: AND PRESCRIBE CONTROLLED SUBSTANCES: IN THE STATE OF UTAH Case No. DOPL-2007-205 BY THE DIVISION: Respondent has satisfied the terms and conditions as set forth in the Division's Stipulation and Order, dated September 27, 2007, and Amended Stipulation and Order, dated December 17, 2009, in the above?identified case number. IT IS HEREBY ORDERED the probation on the licenses of LARRY GLEN ANDREW to practice as an osteopathic physician/surgeon and to administer and prescribe controlled substances is terminated and said licenses be reinstated with full privileges effective the date of this Order. Dated this day of December?/Z/Olz. Mark B. SteinageLKJ Division Director