BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DISCIPLINE Dean Harris Woodard, M.D., Respondent. This matter was heard by the North Carolina Medical Board (hereafter ?Board?) on October 21, 2004. Mary Boyce Wells represented the Board, and Respondent, Dean Harris Woodard, M.D., (hereafter ?Dr. Woodard"), did not appear. Based upon the evidence presented and arguments of counsel, the Board enters the following: 1. The Board is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes. 2. Dr. Woodard is a physician licensed by the Board on March 14, 1990, license number 38868. 3. In June 2004, Dr. Woodard was properly served with Notice of Charges and Allegations and Notice of Hearing alleging that he violated North Carolina General Statute by having had action taken against his license by the Virginia Board of Medicine (hereafter ?Virginia Board"). 4. In June 2003, Dr. Woodard entered into a consent order with the Virginia Board in which his license to practice medicine in Virginia was indefinitely suspended and he agreed not to petition for reinstatement of his license for at least fifteen months from date of the entry of the Consent Order. The Virginia Board found that he had engaged in inappropriate sexual contact with at least two patients. Based upon the foregoing Findings of Fact, the Board enters the following: CONCLUSIONS OF LAW l. The Board has jurisdiction over Dr. Woodard and the subject matter. 2. The action of the Virginia Medical Board in indefinitely suspending Dr. Woodard's license to practice medicine as set forth above, constitutes having a license to practice medicine or the authority to practice medicine revoked, suspended, restricted, or acted against or having a license to practice medicine denied by the licensing authority of another jurisdiction within the meaning of NC Gen Stat. and grounds exist under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke or limit Dr. Woodard's license to practice medicine and surgery issued by the Board or to deny any application he might make in the future. ORDER 1. The North Carolina medical license of Dr. Woodard is hereby INDEFINITELY SUSPENDED. 1.05 This the 2 day of October 2004. (-1.1 .v Stephen M. Herring, M.D. BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: Dean Harris Woodard, MD, AFFIDAVIT OF SERVICE Respondent. Mary B. Wells first being duly sworn, deposes and says as follows: 1. As per N.C.G.S. 90?14.3, a copy of the Notice of Charges and Allegations; Notice of Hearing in the above? captioned contested case was sent to Respondent at 610 Hew Hope Road, Staunton, VA. 24401, his last known address as shown by the records of the Board, by certified mail on May 24, 2004. 2. On. or about June 2, 2004. the document referred to above was returned to the North Carolina Medical Board with the envelope marked Not Deliverable as Addressed, unable to Forward. 3. A true and accurate copy of the front and back of the Mary B. Eells Sworn to and subscribed before me, this 2m day of august 2004. envelope is attached hereto. Notary Public {Seal} My Commission expires: ?2 1.15 43' CAROLINA MEDICAL PO BOX 200m 1 RALEIGH. NORTH CAROLINA 1 7001, 3320 mm: n53=1 PERSONAL 8a CONFIDENTIAL RETURN REQUESTED NORTH CAROLINA MEDICAL BOARD In re: NOTICE OF CHARGES AND Dean Harris Woodard, M.D. NOTICE OF HEARING Respondent. The North Carolina Medical Board (hereafter Board) has preferred and does hereby prefer the following charges and allegations: l. The Board is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes. 2. Dean Harris Woodard, M.D., (hereafter Dr. Woodard} is a physician first licensed by the Board on March 14, 1990, license number 38363. 3. During the times relevant herein, Dr. Woodard practiced emergency medicine in the Staunton, Virginia area. FIRST CHARGE 4. Paragraphs one through three are re?alleged and incorporated herein by reference. 5. On June 24, 2003. Dr. Woodard entered into a Charges?Dr. Woodard Page 1 of 4 Consent Order with the Virginia Board of Medicine, wherein his license was indefinitely suspended and he was precluded from petitioning for reinstatement of his license for fifteen months. (See Exhibit A) 9. The actions of the Virginia Board regarding Dr. Woodard's license to practice medicine set forth above, constitute having a license to practice :medicine or the authority to practice medicine revoked, suspended, restricted, or acted against or having a license to practice medicine denied by the licensing authority of any jurisdiction, within the meaning of N.C. Gen. Stat. 90- 14(a)(13) and grounds exist under this section of the North Carolina General Statutes for the Board to annul, suspend, revoke, or limit Dr. Woodard's license to practice medicine issued by the Board or to deny any application he might make in the future. NOTICE TO DR. WOODARD Pursuant to N.C. Gen. Stat. sin-14.2, it is hereby ordered that a hearing on the foregoing Notice of Charges and Allegations will be held on October 20, 2004 at the Board, 1203 Front Street Raleigh, North Carolina at 8:00am or as soon thereafter as the Board may hear it. The hearing will be held pursuant to N.C. Gen Stat. 1503?40, 41, and 42, and N.C. Gen. Stat. 55 90-14.2, 14.4, 14.5, and Charges?Dr. Woodard Page 2 of 4 14.6. You may appear personally and through counsel, may cross?examine witnesses and present evidence in your own behalf. You may, if you desire, file written answers to the charges and complaints preferred against you within 30 days after the service of this notice. Pursuant to N.C. Gen. Stat. it is further ordered that the parties shall arrange a prehearing conference at which they shall prepare and sign a stipulation on prehearing conference. The prehearing stipulation shall be submitted to the undersigned no later than seven days prior to the hearing date. The right to Zbe jpresent during the hearing' of this case. including any such right conferred or implied by N.C. Gen. Stat. shall be deemed waived by a party or his counsel by voluntary absence from the Board's office at a time when it is known that proceedings, including deliberations, are being conducted, or are about to be conducted. In such event, the proceedings, including additional proceedings after the Board has retired to deliberate, may go forward without waiting for the arrival or return of counsel or a party. Charges?Dr. Woodard Page 3 of 4 . This the (2 day of May 2004. NORTH CAROLINA MEDICAL BOARD I Stephen M. Herring, M.D. President Charges?Dr. Woodard Page 4 of 4 VIRGINIA: BEFORE THE BOARD OF MEDICINE Il- uv RE: DEAN H. WOODARD, MD. License No: 0101-041539 CONSENT ORDER On January 15, 2003, an Informal Conference Committee (?Cormnittee?) of the Virginia Board of Medicine (?Board?) met with Dean Ii. Woodard, M.D., to inquire into allegations that he may have been in violation of certain laws and regulations governing the practice of medicine in the Commonwealth of Virginia, with respect to Patient A. After a thorough review of the evidence and statements presented, the Committee made Findings of Fact and Conclusions of Law, and recommended that the matter be referred to the Board to consider suspension or revocation of Dr. Woodard?s license to practice medicine. Further, by letter dated March 21, 2003, the Board noticed Dr. Woodard for an informal conference to inquire into allegations that he ma}:r have violated certain laws governing the practice of medicine in the Commonwealth of Virginia, with respect to Patient and/or Patient C. By letter dated May 14, 2003, the Board approved Dr. Woodard?s request to waive the informal conference regarding Patient and Patient C, and proceed directly to a formal administrative hearing. in lieu of proceeding to this formal administrative hearing, regarding matters related to Patients A, and C, the Board and Dr. Woodard, as evidenced by their signatures affixed below, agree to enter into this Consent Order affecting the license of Dr. Woodard to practice medicine in Virginia. FINDINGS OF FACT AND CONCLUSIONS OF LAW The Board adopts the following findings in this matter: Consent Order Dean Woodard, MD. Page 2 of 2 1. Dr. Woodard was issued license number 0101-04153?! by the Board to practice medicine in the Commonwealth of Virginia on September 1, 1987. Said license will Expire on December 31, 2004, unless renewed or otherwise restricted. 2. Dr. Woodard violated Sections 54.1-2915.A (4) and (3), as further defined in Sections 54.1-2914A (8) and (11) of the Code, in that he exploited the vulnerabilities of Patient A, a 21-year- old female who initially presented to him on or about September 9, 2002, in Staunton, Virginia, where she was treated by him for pharyngitis bronchitis. Specifically: a. During Patient A?s medical visit, Dr. Woodard discussed with Patient A her difficulty in obtaining her General Education Development diploma because of poor mathematics skills. Patient A had taken the test on three (3) previous occasions, without passing. Dr. Woodard offered to tutor Patient A in mathematics, or have his son provide tutoring services. b. Dr. Woodard told Patient A about his wife and children, and disclosed that his wife recently left him. c. Dr. Woodard offered Patient A a job cleaning his house after learning that she was three and one-half (3 1/2) months pregnant, unemployed, without health insurance and lived with friends. d. Before Patient A left Dr. Woodard?s office, Dr. Woodard gave her a slip of paper containing his cellular telephone number, and asked her to call him if she was interested in accepting his offers for tutoring or employment. 3. Dr. Woodard violated Section 54.1-2915.A (3), as further defined in Sections 54.1- 2914.A (8), (11), (13) and (14) of the Code, as defined in 18 VAC 85-20400 of the Boards General Consent Order - Dean H. Woodard, M.D. Page 3 of 3 Regulations, in that after Patient A telephoned Dr. Woodard?s cellular telephone number on or about the evening of September 9, 2002, to accept his offer, Dr. Woodard picked up Patient A at her home, and proceeded to drive to Charlottesville, Virginia. Upon returning to Staunton, while parked in Dr. Woodard?s automobile, Dr. Woodard engaged in sexual conduct with Patient A, concurrent with and by virtue of the practitioner-patient relationship, which was intended for his sexual arousal and gratification. On or about September 2002, Dr. Woodard sent Patient A a letter apologizing for his ?assertive behavior,? and enclosing one hundred fifty dollars which he stated Patient A could use to pay his son, or someone else, for tutoring. Also on or about September 11, 2002, an adjustment was made to Patient A?s account at Dr. Woodard?s practice, in that the remaining balance of thirty-nine dollars ($39.00) from Patient A?s office visit on or about September 9, 200?. was deducted as a "General Write-Off." By Dr. Woodard?s own admission to the Committee on January 15, 2003, much of his conversation and examination of Patient A was flirtatious, for the purpose of meeting the patient iater tor a sexual encounter. Dr. Woodard also stated to the Committee on January 15, 2003, that during his physical examination of Patient A, he externally palpated Patient A?s lower abdomen. 4. On or about September 16, 2002, Dr. Woodard was arrested on three felony counts in the City of Staunton, Virginia, relating to his conduct with Patient A. Specifically, the warrants Charged: a. Violation of Section 182-612 of the Code: committing an act of [animate] object sexual penetration with a person, not the spouse of the accused, against the complaining witness's will, by force, threat or intimidation. Consent Order - Dean H. Woodard, MI). Page4of4 b. Violation of Section 18.236] of the Code: carnally knowing by or with the mouth. . c. Violation of Section 182-61 of the Code: having sexual intercourse with a person, not the spouse of the accused, against the complaining witness?s will, by force, threat or intimidation. 5. Dr. Woodard violated Section S4.1-2915.A (3), as further defined in Sections 54.1? (8), (11) and (14), in that by Agreement accepted by the Circuit Court of the City of Staunton, Virginia, on April 15, 2003, Dr. Woodard agreed to the following dispositions of the three felony counts relating to his conduct with Patient A: a. The animate object penetration was reduced to misdemeanor sexual battery, with a sentence of six (6) months in jail, suspended on the condition of probation for twelve months, under the supervision of Blue Ridge Court Services. Dr. Woodard will obtain counseling to be performed as recommended by the Board, for a period of twelve months. Dr. Woodard will voluntarily surrender his license to practice medicine for six (6) months, to occur and run concurrently with any suspension ordered by the Board. If the Board does not suspend Dr. Woodard's license for six (6) months, Dr. Woodard will still lose his license for six (6) months, per the Plea Agreement. b. Dr. Woodard waived the right to a speedy trial on the charge of sodomy, and it will be continued for one (1) year. This matter will be dismissed without the necessity of further appearance, it Dr. Woodard successfully completes his probation period of one (1) year. c. The rape charge was uel~pmssed Consent Order - Dean H. Woodard, MD. Page 5 of 5 6. Dr. Woodard violated Terms 2 and 4 of the Board?s Consent Order, entered November 6, 2002, which required that Dr. Woodard submit to a evaluation. Specifically, Dr. Woodard failed to cooperate fully with the evaluator. On or about October 14, 2002, Dr. Woodard did not accurately answer the evaluator?s questions concerning whether Dr. Woodard had any other inappropriate patient contacts. On or about January 10, 2003, Dr. Woodard disclosed to the evaluator that he had prior sexual contacts with two other patients. Dr. Woodard confirmed this information to the Committee on January 15, 2003, and stated that one patient demanded one hundred thousand dollars from him. 7. Dr. Woodard violated Sections (5) and (3), as further defined in Sections Sail-2914.151 (8), (9) and of the Code, in that in his November 27, 2002 report, the evaluator?s Axis diagnosis of Dr. Woodard was personality disorder, mixed with narcissistic and obsessive compulsive features. Based on this diagnosis, the evaluator concluded Dr. Woodard would benefit from ongoing of at least one hour per week for a minimum of one year. In the evaluator's January 14, 2003 letter in response to the additional information received on or about January 10, 2003, the evaiuator indicated that Dr. Woodard continued to have very limited insight into his behavior and minimized the inappropriate and unacceptable nature of this behavior. During an interview with an Investigator for the Department of Health Professions ("Investigator"), on or about Januaryr 28, 2003, the evaluator stated that he deems Dr. Woodard at higher risk for repeated inappropriate actions with patients because Dr. Woodard was not honest during his initial evaluation; Dr. Woodard has shown a pattern of sexual relationships with patients with the revelation that there were two other such sExual relationships prior to the September 2002 situation; and Dr. Woodard has ?very limited insight" regarding the inappropriateness of his actions. Consent Order - Dean H. Woodard, MI). Page 6 of 6 8. Dr. Woodard violated Sections 54.1-2915.A (4) and (3), as further defined in Sections 54.L2914.A (8), (11), and.(14) [fanned]; Sections 54.1-2914A (10), (13), (15) and of the Code, as defined in 18 VAC 85?20-100 of the Board's General Regulations, in that in or about 1996, Dr. Woodard engaged in sexual contact with Patient B, concurrent with and by virtue of the practitioner- patient relationship, which was intended for Dr. Woodard?s sexual arousal and gratification. 9. Dr. Woodard violated Sections (4) and as further defined in Sections 54.1-2914.A (8), (11), (13} and (14) [formerly Sections (15) and of the Code, as defined in 18 VAC 85-20-100 of the Board?s General Regulations, in that in or about july 1996, Dr. Woodard engaged in sexual contact with Patient C, concurrent with and by virtue of the practitioner- patient relationship, which was intended for Dr. Woodard?s sexual arousal and gratification. Specifically, in or about July 19%, while on a "date" with Patient C, Dr. Woodard engaged in sexual contact with Patient and gave her an injection, obtained from his practice, upon Patient C's complaint of a migraine headache. Dr. Woodard did not document this injection in Patient C's medical record or his practice?s narcotics log until on or about July 25, 19%, approximately two weeks later. CONSENT 1, Dean H. Woodard, M.D., by affixing my signature hereto, acknowledge that: have been advised specifically to seek the advice of counsel prior to signing this document, and am rcpresented by Stephen W. Bricker, Esquire; 2. I am fully aware that without my consent, no legal action can be taken against me, except pursuant to the Virginia Administrative Process Act, 2.24000 A meg. of the Code of Virginia; Consent Order Dean H. Woodard, MI). Page 7 of 7 3. I have the following rights, among others: a. the right to a formal fact-finding hearing before the Board; h. the right to representation by counsel; and c. the right to cross-examine witnesses against me,- 4. waive all rights to a formal hearing; 5. i admit the truth of the above Findings of Fact; 6. I agree not to petition for reinstatement of my license for fifteen months from entry of this Consent Order. I further agree that any such petition for reinstatement will include comprehensive and evaluations. Such evaluations will state that I am safe to resume the practice of medicine in the Commonwealth of Virginia. i understand that providing comprehensive and evaluations to the Board does not guarantee that my license will be reinstated; 7. i understand that should i be convicted of the felony sodomy charge and/ or the felony rape charge, the Board may immediately revoke my license to practice medicine in the Commonwealth, without a hearing, in accordance with Section 541-2917 of the Code; 8. Further, within five (5) days-of entry of this Consent Order, I will: a. return my current license to the Board office; b. update my Virginia Practitioner Profile regarding my primary practice address and any other appropriate section, with the exception of the Virginia Notices and Orders section; c. surrender my Drug Enforcement Administration certificate and DEA 222 Schedule II order forms to the DEA and provide a copy of the surrender notification to Consent Order - Dean H. Woodard, MD. Page 8 of the Board; cl. submit written notification to any and all drug wholesalers or pharmacies that have ordered from or had an account with for the past 5 years, that have surrendered my license and request that my account he closed; and e. properly dispose of all Schedule ll-VI controlled Substances, including physician?s samples, remaining in my practice; and 9. consent to the following Order affecting my license to practice medicine in the Commonwealth of Virginia. ORDER WHEREFORE, based on the foregoing Findings of Fact and Conclusions of Law, and with the consent of the licensee, it is hereby ORDERED that the license of Dean H. Woodard, M.D., is INDEFINETELY SUSPENDED. Dr. Woodard shall not petition the Board for reinstatement of his medical license for at least fifteen (15) months from entry of this Consent Order. Should Dr. Woodard seek reinstatement of his license, he shall be noticed to appear before the Board, in accordance with the Administrative Process Act. As petitioner, Dr. Woodard has the burden of proving his competency and fitness to resume the safe practice of medicine in the Commonwealth of Virginia. Pursuant to Section 541-2920 of the Code, upon entry of this Consent Order, Dr. Woodard shall forthwith give notice, by certified mail, of the suspension of his license to practice medicine to all patients to whom he is currently providing services. A copy of this notice shall be provided to the Board when sent to patients. Dr. Woodard shall cooperate with other practitioners to ensure continuation of treatment in conformity with the wishes of the patient. Dr. Woodard shall also Consent Order - Dean H. Woodard, MI). Page 9 of 9 notify any hospitals or other facilities where he is currently granted privileges, and any health insurance companies, health insurance administrators or health maintenance organization currently reimbursing him for any of the healing arts. Upon entry of this Consent Order, the license of Dean l-l. Woodard, M.D., will be recorded as suspended and no longer current. Consistent with the terms of this Consent Order, in the event Dr. Woodard seeks reinstatement of his license, he shall be responsible for any fees that may be required for the reinstatement of his license prior to the isSuance of his license to resume practice. Violation of this Consent Order shall constitute grounds for the revocation of the license of Dr. Woodard. In the event Dr. Woodard violates any of the terms and conditions of this Consent Order, a Formal administrative hearing shall be convened to determine whether his license shall be revoked. Pursuant to Section 2.24023 of the Code, the signed original of this Consent Order shall remain in the custody of the Department of Health Professions as a public record and shall-be made available for public inspection and copyingr upon request. FOR THE BOARD: William L. Harp, MD. Executive Director Virginia Board of Medicine ENTERED Consent Order Dean H. Woodard, NLD. Page 10 of 10 SEEN AND AGREED TO: DEAN H. WOODARD, MD. VIRGINIA OF TO WIT: Subscribed and swo 'n to before the undersigned Notary Public, in and for the Commonweal?l of Virgil?a,atlarge, this 2 day of ,2003,by Dean H. Woodard, MD. Nutar Public - g, 63L . men?fcm baud? My commission expires: Ii-ll Wt 1. ?mun I lrl'I' COMMONWEALTH of VIRGINIA 0- Department of Health Professions WT?ET-?Eggf?a?fg?vg?uo? mm? 6503 West Broad Street, 5th Ftoor FAX (8041 552:9943 May 23, 2003 Dean H. Woodard, MD. 7?16 Selma Boulevard CERTIFIED MAIL Stau nton, Virginia 24401 7160 3901 9844 7520 6482 License No: 0101-041539 Dear Dr. Woodard: By letter dated May 2, 2003, you were notified that a formal hearing would be held on lune 7, 2003, in Richmond, Virginia. This letter is official notification that there has been a change in the date and time of the hearing. Upon agreement by your counsel, Mr. Bricker, the hearing will now be held on Friday June 6, 2003, at 11:15 arm, at the Department of Health Professions, 6603 West Broad Street, Richmond, Virginia. Your presence is required thirty (30} minutes in advance of the appointed time. Should you have further questions, please contact this office at (804) 662-7009. Sincerely, - .2 0/4? 6) William L. Harp, MD. Executive Director Virginia Board of Medicine .dateftimechgtahmwdard?? cc: Harry C. Beaver, M.D., Presrdent, Virginia Board of Medicine Robert Nebil-Ler, Director, Department of Health Professions James Schliessmann, Assistant Attorney General FACSIMILE - 304-35308] Stephen W. Bricker, Esquire (BY FACSIMILE - 304-649-3330} Lori Pound, Senior Adjudication Analyst Renee Disson, Discipline Case Manager, Board of Medicine Martha W, Miller, Senior investigator Mdmwo?o?ddW-B?ddeM-MHWW Robert Nebiker Deparnnent Professions Direcmr 6603 West Broad Street. 5th Floor Richmond. Virginia 23230-1712 TDD (804) 6627197 March 3, 2005 Dean Harris Woodard, MD. UPS OVERNIGHT 8499? Euclid Avenue Manassas Park, Virginia 20111 RE: License No.: 0101-041539 Dear Dr. Woodard This letter is official notification that an informal conference of the Virginia Board of Medicine ("Board") will be held on Tuesday, March 29, 2005, at 1:45 at the offices of the Department of Health Professions, 6603 W. Broad Street, 5th Floor, Richmond, Virginia. The conference will be conducted pursuant to Sections 22-4019 and 2.2-4021 of the Code of Virginia (1950), as amended Based upon your written communication dated March 2, 2005, you have agreed to waive thirty (30) days notice prior to the scheduled hearing, as required by Section 54.1-2920 of the Code. A Special Conference Committee ("Committee") will consider your Petition for Reinstatement of your license to practice medicine and surgery in the Commonwealth of Virginia, which was suspended by Consent Order of the Board, entered June 4, 2003 ("Board?s Order?), and will inquire into allegations that you may have violated certain laws and regulations governing the practice of medicine and surgery in Virginia. Specifically: 1. You may have violated Section [formerly Section as further defined in Sections (11) and (13), Section 541-2903 and 18 VAC 85-20? 30 of the Board's General Regulations, in that from in or about August 2003, through on or about July 31, 2004, you published, or caused to be published, a website for Patient Care Plus Walk-In Clinic, Staunton, Virginia, that indicated you were the Medical Director and only physician in the practice, at a time when your license to practice medicine and surgery in the Commonwealth of Virginia was suspended. Further, you failed to disclose the complete Board ol' Nursing Home Administrators - Board of Optometry - Board oi Pharmacy - Board oi Counseling Board of Physical Therapy - Board of - Board of Social Work - Board of Veterinary Modlcmo Board of Health Professions Notice of Informal Conference - Dean Harris Woodard, MD. March 3, 2005 Page 2 of 3 name of the specialty board which conferred the "board certification" in emergency medicine. 2. You may have violated Section 54.1?29101 and Section [formerly Section as further defined in Section of the Code, and Part VII, ?Practitioner Profile System? (18 VAC 85-20-290 et seq.) of the Board?s General Regulations, in that you did not provide, upon request, information regarding a paid medical malpractice claim on or about May 10, 1995, in Mineral County, West Virginia. After consideration of all information, the Committee may: 1. deny the request for reinstatement of the license; 2 reinstate the license; 3. place you on probation with such terms it deems apprOpriate; 4. reprimand you; and/ or 5 impose a monetary penalty pursuant to Section 54.1-2401 of the Code. Further, the Committee may refer this matter for a formal administrative proceeding when it has failed to dispose of a case by consent pursuant to Section 2.2-4019 of the Code. You have the right to information that will be relied upon by the Committee in making a decision. Therefore, I enclose a copy of the documents that will be distributed to the Committee for its consideration when discussing your petition for reinstatement and the allegations with you and when deliberating upon your case. These documents are enclosed o_nly with the original notice sent by overnight mail. These materials have been provided this date to your counsel, Stephen W. Bricker, Esquire. To facilitate this proceeding, you must submit eight (8) copies of any documents you wish for the Committee to consider to Renee S. Dixson, Discipline Case Manager, Virginia Board of Medicine, 6603 West Broad Street, 5th Floor, Richmond, Virginia 23230?1712, by March 17, 2005. Your documents may not be submitted by facsimile or e-mail. Should you or Adjudication Specialist Lori L. Pound wish to submit any documents for the Committee's consideration after March 17, 2005, such documents shall be considered My upon a ruling by the Chair of the Committee that good cause has been shown for late submission. A request to continue this proceeding must state in detail the reason for the request and must establish good cause. Such request must be made, in writing, to me at the address listed on this letter and must be received by 12:00 noon on March 14, 2005. Only one such motion will be considered. Absent exigent circumstances, such as personal or family illness, a request for a continuance after March 14, 2005, will not be considered Notice of Informal Conference - Dean Harris Woodard, MD. March 3, 2005 Page 3 of 3 Relevant sections of the Administrative Process Act, which govern proceedings of this nature, as well as laws relating to the practice of medicine and other healing arts in Virginia cited in this notice can be found on the Internet at To access this information, please click on the Code of Virginia for statutes and Virginia Administrative Code for regulations. Please advise the Board, in writing, of your intention to be present. Should you fail to appear at the informal conference, the Board may proceed to a formal administrative hearing in order to impose sanctions. If you have any questions regarding this notice, please contact Lori L. Pound, Adjudication Specialist, at (804) 662-7084. Sincerely, William L. Harp, M.D. Executive Director Virginia Board of Medicine Enclosures: Informal Conference Package Map cc: Thomas B. Leecost, D.P.M., President, Virginia Board of Medicine Robert A. Nebiker, Director, Department of Health Professions Renee S. Dixson, Discipline Case Manager, Board of Medicine Kathleen R. Nosbisch, Deputy Executive Director, Practitioner Information Lori L. Pound, Adjudication Specialist Stephen W. Bricker, Esquire enclosures] Pamela Kincheloe, Senior Investigator [99228] Sim?? Whit'ey Rya's Department of Health Professions WWf?th-Vlrginia-QW 'rec or 6603 West Broad Street, 5th Floor (804) 662 990? . . . . FAX (804) 662 9943 Richmond, Virginia 23230?1712 TDD (804) 662 7197 March 26, 2007 Dean Harris Woodard, MD. UPS OVERNIGHT 8013 Towering Oak Way 1Z 236 087 22 1006 1184 Manassas, Virginia 20111 RE: License No.: 0101-041539 Dear Dr. Woodard: This letter is official notification that an informal conference of the Virginia Board of Medicine ("Board") will be held on Tuesday, April 10, 2007, at 4:00 at the Holiday Inn Select, 2801 Plank Road, Fredericksburg, Virginia. The conference will be conducted pursuant to Sections 22-4019 and 2.2-4021 of the Code of Virginia (1950), as amended By notification to the Board by email on March 23, 2007, you agreed, through counsel, Stephen Bricker, Esquire, to waive a thirty-day notice of this informal conference scheduled for April 10, 2007. A Special Conference Committee ("Committee") will review your compliance with the terms and conditions imposed upon your license to practice medicine in Virginia, as set forth in an Order of the Board entered April 4, 2005 ("Board?s Order?), including a review of records obtained to determine compliance with the chaperone requirements of Term 3 of the Board?s Order, and with the supervisory requirements of Term 2 of the Board?s Order. After consideration of all information, the Committee may: Continue you on probation with such terms it deems appropriate. Reprimand you; Modify a previous Order; and Impose a monetary penalty pursuant to Section 54.1-2401 of the Code. Board of Audiology Speech - Language Pathology - Board of Counseling - Board of Dentistry - Board of Funeral Directors Embalmers Board of Long-Term Care Administrators - Board of Medicine - Board of Nursing - Board of Optometry - Board of Pharmacy Board of Physical Therapy 7 Board of - Board of Social Work - Board of Veterinary Medicine Board of Health Professions Notice of Informal Conference - Dean Harris Woodard, M.D. March 26, 2007 Page 2 of 3 Further, the Committee may refer this matter for a formal administrative proceeding when it has failed to dispose of a case by consent pursuant to Section 22-4019 of the Code. You have the right to information that will be relied upon by the Committee in making a decision. Therefore, I enclose a copy of the documents that will be distributed to the Committee for its consideration when discussing the matter with you and when deliberating upon your case. These documents are enclosed with the original notice sent by UPS Overnight mail. These materials have also been provided this date to your counsel, Stephen W. Bricker, Esquire. To facilitate this proceeding, you must submit eight (8) copies of any documents you wish for the Committee to consider to Renee S. Dixson, Discipline Case Manager, Virginia Board of Medicine, 6603 West Broad Street, 5th Floor, Richmond, Virginia 23230- 1717, by April 4, 2007. Your documents may not be submitted by facsimile or e-mail. Should you or Adjudication Specialist Virginia Scher wish to submit any documents for the Committee?s consideration after April 4, 2007, such documents shall be considered ?y upon a ruling by the Chair of the Committee that good cause has been shown for late submission. A request to continue this proceeding must state in detail the reason for the request and must establish good cause. Such request must be made, in writing, to me at the address listed on this letter and must be received by April 5, 2007. Only one such motion will be considered. Absent exigent circumstances, such as personal or family illness, a request for a continuance after April 5, 2007, will not be considered Relevant sections of the Administrative Process Act, which govern proceedings of this nature, as well as laws relating to the practice of medicine and other healing arts in Virginia cited in this notice can be found on the Internet at To access this information, please click on the Code of Virginia for statutes and Virginia Administrative Code for regulations. In its deliberations, the Committee may utilize the Sanction Reference Points System, as contained in the Sanction Reference Manual. The manual, which is a guidance document of the Board, may be accessed at You may request a paper copy from the Board office by calling (804) 662-7009. Please advise the Board, in writing, of your intention to be present. Should you fail to appear at the informal conference, the Board may proceed to a formal administrative hearing in order to impose sanctions. Notice of Informal Conference - Dean Harris Woodard, M.D. March 26, 2007 Page 3 of 3 If you have any questions regarding this notice, please contact Virginia Scher, Adjudication Specialist, at (804) 662- 7593. Sincerely, William L. Hall M.D. Executive Director Virginia Board of Medicine Enclosures: Informal Conference Package Map cc: Malcolm L. Cothran, Jr., President, Virginia Board of Medicine Robert A. Nebiker, Director, Department of Health Professions Rene? S. Dixson, Discipline Case Manager, Board of Medicine Virginia A. Scher, Adjudication Specialist, APD Lorraine McGehee, Deputy Director, APD Stephen W. Bricker, Esquire [w/enclosures/ UPS {12 236 087 22 1006 1193} Marta J. Ishmael, Inspector [108245] Ann Tiller, Compliance Manager [108245] COMMONWEALTH of VIRGINIA Robert A. Nebiker Director Department of Health Professions 6603 West Broad Street, 5th Floor TEL (804) 662-9900 Richmond, Virginia 23230-1712 FAX (804) 662-9943 TDD (304) 662-7197 May 2, 2003 Dean H. Woodard, MD. CERTIFIED MAIL 716 Selma Boulevard 7160 3901 9844 7522 1249 Staunton, Virginia 24401 RE: - License No.: 0101?041539 Dear Dr. Woodard: In accordance with Sections 54.1-105, 54.1-110, 54.1-2400, 54.1-2919, 22?4020 and 2.2- 4021 of the Code of Virginia (1950), as amended you are hereby given notice that the Virginia Board of Medicine (?Board?) will convene a formal administrative hearing to receive and act upon evidence that you may have violated certain laws and regulations governing the practice of medicine in Virginia, with respect to Patient A, as set forth in the attached Statement of Particulars. Furthermore, by letter dated March 21, 2003, the Board noticed you for an informal conference, which will convene on May 14, 2003, to inquire into allegations that you may have violated certain laws and regulations governing the practice of medicine in Virginia, with respect to Patients and/ or and certain other matters. Should this informal conference result in a determination that suspension or revocation of your license is justified, such information shall be presented at this formal administrative hearing. A copy of the Notice of Informal Conference dated March 21, 2003, is included in Commonwealth's Exhibit and hereby incorporated into this notice. The formal administrative hearing will be held in accordance with the provisions of Sections and 2.24024.F of the Code, before a panel of the Board, with a member of the Board presiding. You have been scheduled to appear before the Board on Saturday, June 7, 2003, at 9:15 a.rn., in the offices of the Department of Health Professions, 6603 West Broad Street, 5th Floor, Richmond, Virginia. A map is enclosed for your convenience. Your presence is required thirty (30) minutes in advance of the appointed time. Please report to the 5th floor receptionist, who will direct you to a mamaw-mw-Mdm-demsm-mam-de MdWW-MdW-Md?W?-demm Bordon-balm pm Notice of Formal Hearing - Dean H. Woodard, MD. May 2, 2003 Page 2 waiting room. Please be seated in the waiting room and you will be called when the Board is ready to meet with you. You have the following rights, among others: to appear in person or by legal counsel; to present factual data, argument or proof in connection with your proceeding; and to have notice of any contrary fact basis or information in the possession of the Board. Should you wish to subpoena witnesses, requests for subpoenas must be made, in writing, in accordance with the enclosed Instructions for Requesting Subpoenas. Please carefully read the following paragraphs, which contain date?sensitive and important information regarding this proceeding. EXHIBITS You have the right to the information that will be used by the Board in reaching a decision regarding this matter; therefore, I enclose the Commonwealth?s exhibits. By copy of this letter, these materials are being provided to your counsel, Stephen W. Bricker, Esquire. Please note that these documents are enclosed ?y with the original notice sent by certi?ed mail and must be claimed at the post office. If you have any questions or objections regarding the content of this package, you must contact Assistant Attorney General James E. Schliessmann at (804) 786-6569. Should you wish to file any objections to the Commonwealth's evidence, you must file your objections in writing, addressed to me at the Board office, no later than 12 Noon on May 12, 2003. If you have not filed any objections by May 12, 2003, the exhibits will be distributed to the Board members for their review prior to your hearing, and will be considered by the Board as evidence when it deliberates upon your case. If you do file objections, the Commonwealth has until 12 Noon on May 15, 2003, to file a response to the objections, in writing and addressed to me at the Board office. The chairperson of the proceeding will rule on the motion. EXHIBITS Further, should you wish for the Board to consider additional information relative to this proceeding, you must submit fifteen (15) copies of any such documents to Renee S. Dixson, Discipline Case Manager, Virginia Board of Medicine, 6603 West Broad Street, 5th Floor, Richmond, Virginia 23230-1712, by 12 Noon on May 14, 2003. You may not submit your documents by facsimile or by e-mail. The Commonwealth must file any objections to your submissions in writing, addressed to me at the,Board office, no later than 12 Noon on May 19, 2003. If no objections have been receivedby May 19, 2003, the information will be distributed to the Board members for their review, and will be considered by the Board as evidence when it deliberates upon your case. If the Commonwealth raises objections, you have until 12 Noon on May 21, 2003, to file your response to the objections, in writing and addressed to me at the Board office. The chairperson of the proceeding will rule on the motion. Notice of Formal Hearing - Dean H. Woodard, MD. May 2, 2006 Page 3 OTHER PRE-HEARIN MOTIONS If you or Assistant Attorney General James E. Schliessmann wish to make any pre- hearing motions regarding matters other than the exhibits, including offers of settlement, each of you is directed to file motions, in writing, addressed to me at the Board office by 12 Noon on May 14, 2003. Responses to motions filed must be submitted by 12 Noon on May 19, 2003. The chairperson of the proceeding will rule on the motion. REQUEST FOR A CONTINUAN CE Absent exigent circumstances, such as personal or family illness, a request for a continuance after 12 Noon on May 14, 2003 will not be considered. Relevant sections of the Administrative Process Act, which govern proceedings of this nature, as well as laws relating to the practice of medicine and other healing arts in Virginia cited in this notice can be found at To access this information, please click on Code of Virginia for laws and Virginia Administrative Code for regulations. Please indicate, by letter to this office, your intention to be present. Sincerely, William L. Harp, MD. Executive Director Virginia Board of Medicine Dun H\Fomul Enclosures: Commonwealth's Exhibits 1-4 Statement of Particulars Attachment I Instructions for Requesting Subpoenas Map cc: Harry C. Beaver, MD, President. Virginia Board of Medicine Robert A. Nebiker, Director, Department of Health Professions Renee S. Dixson, Discipline Case Manager James E. Schliessma'nn, Assistant Attorney General [Iv/enclosures] Lori L. Pound, Senior Adjudication Analyst Stephen W. Bricker, Esquire [to/enclosures] Martha W. Miller, Senior Investigator (87738, 89071) VIRGINIA: IN RE: BEFORE THE BOARD OF MEDICINE DEAN H. WOODARD, MD. License No.: 0101-041539 STATEMENT OF PARTICULARS The Virginia Board of Medicine (?Board?) alleges that: 1. Dr. Woodard may have violated Section (3), as further defined in Sections 54.1-2914.A (8) and (11) [formerly Sections (10) and of the Code of Virginia (1950), as amended in that he exploited the vulnerabilities of Patient A, a 21 year-old female who initially presented to him on or about September 9, 2002, in Staunton, Virginia, where she was treated by Dr. Woodard for pharyngitis/ bronchitis. Specifically: a. During Patient A's medical visit, Dr. Woodard discussed with Patient A her difficulty in obtaining her General Education Development diploma, because of poor mathematics skills. Patient A had taken the test on three (3) previous occasions, without passing. Dr. Woodard offered to tutor Patient A in mathematics, or have his son provide tutoring services. b. Dr. Woodard told Patient A about his wife and children, and disclosed that his wife recently left him. c. Dr. Woodard offered Patient A a job cleaning his house after learning that she was three and one-half (31/2) months pregnant, unemployed, without health insurance and lived with friends. d. While in the of?ce, Dr. Woodard told Patient A how pretty she was and ?irted with her. Statement of Particulars - Dean H. Woodard, MD. May 2, 2003 Page 2 e. Before Patient A left Dr. Woodard?s office, he gave her a slip of paper containing his cellular telephone number, and asked her to call him if she was interested in accepting his offers for tutoring or employment. 2. Dr. Woodard may have violated Section 54.1-2915.A (3), as further defined in Sections 54.1-2914.A (8), (11), (13) and (14) [/brmerly Sections 54.1-2914.A (10), (13), (15) and of the Code, as defined in and 18 VAC 85-20?100 of the Board's General Regulations, in that after Patient A telephoned Dr. Woodard's cellular telephone number on or about the evening of September 9, 2002, to accept his offer for tutoring, Dr. Woodard picked up Patient A at her home and proceeded to drive to Charlottesville, Virginia. Upon returning to Staunton, while parked in Dr. Woodard's automobile, Dr. Woodard engaged in sexual contact with Patient A, concurrent with and by virtue of the practitioner-patient relationship, which was intended for Dr. Woodard?s sexual arousal and gratification. On or about September 11, 2002, Dr. Woodard sent Patient A a letter, apologizing for his "assertive behavior,? and enclosing one hundred fifty dollars which he stated Patient A conld use to pay his son, or someone else, for tutoring. Also on or about September 11, 2002, an adjustment was made to Patient A?s account at Dr. Woodard's practice, in that the remaining balance of thirty-nine dollars ($39.00) from Patient A?s office visit on or about September 9, 2002 was deducted as ?General Write-Off.? 3. On or about September 16, 2002, Dr. Woodard was arrested on three felony-counts in the City of Staunton, Virginia, relating to his conduct with Patient A. Specifically, the warrants charged: Statement of Particulars - Dean H. Woodard, MD. May 2, 2003 Page 3 a. Violation of Section 18.2-67.2 of the Code: committing an act of [animate] object sexual penetration with a person, not the spouse of the accused, against the complaining witness?s will, by force, threat or intimidation. b. Violation of Section 182-361 of the Code: carnally knowing by or with the mouth. c. Violation of Section 182-61 of the Code: having sexual intercourse with a person, not the spouse of the accused, against the complaining witness's will, by force, threat or intimidation. 4. Dr. Woodard may have violated Section 54.1-2915.A (3), as further defined in Sections (8), (11) and (14) [formerly Sections 54.1-2914.A (10), (13) and in that by Plea Agreement accepted by the Circuit Court of the City of Staunton, Virginia, on April 15, 2003, Dr. Woodard agreed to the following dispositions of the three felony counts relating to his conduct with Patient A: a. The animate object penetration was reduced to sexual battery, with a sentence of six (6) months in jail, suspended on the condition of probation for twelve (12) months, under the supervision of Blue Ridge Court Services. Dr. Woodard will obtain counseling to be performed as recommended by the Board, for a period of twelve (12) months. Dr. Woodard will voluntarily surrender his license to practice medicine for-six (6) months, to occur and run concurrently with any suspension ordered by the Board. If the Board does not suspend Dr. Woodard?s license for six (6) months, Dr. Woodard will still lose his license for six (6) months, per the Plea Agreement. Statement of Particulars - Dean H. Woodard, M.D. Page 4 b. Dr. Woodard waived the right to a speedy trial on the charge of sodomy, and it will be continued for one (1) year. This matter will be dismissed without the necessity of further appearance, if Dr. Woodard successfully completes his probation period of one (1) year. c. The rape charge was nol-prossed. 5. By letter dated March 21, 2003, the Board noticed Dr. Woodard for an informal conference, which will convene on May 14, 2003, to inquire into allegations that he may have violated certain laws and regulations governing the practice of medicine in Virginia, with re5pect to Patients and/ or and certain other matters. Should this informal conference result in a determination that suspension or revocation of your license is justified, Allegations 1 3 contained in the Notice of Informal Conference, dated March 21, 2003, are hereby incorporated into this Statement of Particulars and attached hereto as Commonwealth?s Exhibit 1b. Further, the package entitled "Information Regarding Dean H. Woodard, M.D., for Review by the Informal Conference Committee," included with the letter dated March 21, 2003, is hereby attached as Commonwealth's Exhibit 2. In order to protect the privacy of the patients mentioned above, they have been referred to by letter only. Please see Attachment I for the identity of Patients A - C. FOR THE BOARD ?William L. Harp, MD. Executive Director Virginia Board of Medicine DATE: 5- 3-0.3 . COMMONWEALTH of yinorNrA Dianne L. ReynoidswCane, MD. Department ofHeaZrh Professions Director Perimeter Center TEL (804) 3614400 9950 Mayland Drive, Suite 300 FAX (804) 52?? 4475 Henrico, Virginia 23233-1483 July 27, 2010 Dean Harris Woodard, MD. CERTIFIED MAIL 8029 Towering Oak Way .7160 3901 9848 6294 Manassas, Virginia 20111 RE: License No: 0101?041539 Dear Dr. Woodard: This letter is official notification that an informal conference of the Virginia Board of Medicine (?Board?) will be held on Wednesday, September 22, 2010, at 11:15 a.n1., at the Department of Health Professions, Perimeter Center, 9960 Mayland Drive, 2m1 Floor, Henrico, Virginia. The conference will be conducted pursuant to Sections 2.2? 4019, and 22?4021 of the Code of Virginia (1950), as amended A'Special Conference Committee (?Committee?) will inquire into allegations that you may have violated certain laws governing the practice of medicine and surgery in Virginia. Specifically: 1. You may have violated Sections (13) and (16) of the Code in your treatment of Patient A. Specifically, from approximately April 11, 2007 to Iuly 2009, you prescribed opioids to Patient A on a continuous basis for complaints of pain; however: a. you initiated treatment of pain with opioids without taking a complete medical and substance abuse history and without performing a complete physical examination, b. you failed, on severalof Patient A?s office visits, to record the specific complaint of pain you were treating; c. you failed to perform adequate physical examinations; and Board of Audiology Speech?Language Pathology Board of Counseling Board of Dentistry Board of Funeral Directors Embaimers Board of Long?Term Care Administrators Board of Medicine a Board of Nursing Board of Optometry Board of Pharmacy Board of Physical Therapy Board of Board of Social Work Board of Veterinary Medicine Board of Health Professions Notice of Informal Conference Dean Harris Woodard, M.D. July 27, 2010 Page 2 you failed to adequately monitor the patient?s narcotics use, including failure to address urine drug screens taken on October 24, 2008 and November 30, 2008 that Were positive for amphetamines only. - 2. You may have violated Sections (13) and (16) of the Code in your treatment of Patient B. Specifically, beginning on or about December 2, 2007, you prescribed opioids to Patient on a continuous basis for complaints of pain; however: a. you initiated treatment of chronic lower back pain with-opioids without taking a complete medical and substance abuse history and without performing a complete physical examination; - b. you failed, during the course of treatment, to perform adequate physical examinations; and c. I you failed to properly monitor Patient B?s use and possible abuse of narcotics, including failure to address prescription monitoring reports that showed that the patient was receiving narcotics from multiple prescribers and pharmacies, as well as receiving prescriptions for Suboxone from another physician since January 2009. 3. You may have violated Sections (18) and (16) of the Code in your treatment of Patient C. Speci?cally, beginning on or about June 26, 2008, you prescribed opioids to Patient on a continuous basis for complaints of pain; however, you failed to properly monitor the patients use and possible abuse of narcotics, and you were notaware that the patient was receiving narcotics from multiple-prescribers and pharmacies while being treated by you. 4. I You may have violated Sections (13) and of the Code in your treatment of Patient D. Specifically, beginning on or about May 11, 2008, you prescribed opioids to Patient on a continuous basis for complaints of pain; however: a. you initiated treatment of chronic neck pain with'opioids without taking a complete medical and substance abuse history and without performing a complete physical examination; b. you failed to properly monitor the patients use and possible abuse of narcotics, and were not aware that the patient was receiving narcotics from other prescribers until January 2009; you failed to refer Patient for persistent complaints of numbness in arms and hands; and Notice of Informal conference Dean Harris Woodard, MD. July 27, 2010 Page 3 - d. on or about December 27, 2008, you prescribed Suboxone and Roxicodone withoutdocumenting your rationale for that combination of medications. 5. You may have violated Sections (13) and (16) of the Code in your treatment of Patient E. Specifically, on or about October 3, 2008, Patient presented to you with ankle pain status post surgery for fracture on September 19, 2008. You failed to take a complete history, failed to perform a complete physical examination and, despite the fact that the patient repOrted he was on pain medication, you failed to determine the medication or dosage. You prescribed a high dosage of narcotic, specifically, oxycodone 30mg immediate Release #60. Patient died the following day as a result of multiple prescription medications toxicity, including oxycodone. 6. You may have violated Sections and (16) of the Code in. your treatment of Patient F. Specifically, from approximately December 2007 to October 2008, you prescribed opioids to Patient for complaints of pain; however: a. you initiated treatment of pain with opioids without taking a complete medical and substance abuse history and without performing a complete physical examination; b. you failed on subsequent office visits to perform adequate physical examinations; and c. you failed to adequately monitor. the patient?s narcotics use. Please see Attachment 1 for the name of the patients. referenced above. After consideration of all information, the Committee may: Exonerate you Place you on probation with such terms it deems appropriate; Reprirnand you; and Impose a monetary penalty pursuant-to Section 541?2401 of the Code. Further, the Committee may refer this matter for a formal administrative proceeding when it has failed to dispose of a case by consent pursuant to Sect-ion 22?4019 of the Code. You have the right to information that will be relied upon by the Committee in I making a decision. Therefore, I enclose a copy of the documents that will be distributed to the Committee for its consideration when discussing the allegations with you and when deliberating upon your case. These documents are enclosed ?y with the original notice sent by certified mail, and must be claimed at the post office. Further, if you retain counsel, it is your responsibility to provide the enclosed materials to your attorney. - Notice of Informal Conference Dean Harris Woodard, July 27, 2010 Page 4 To facilitate this proceeding, you must submit eight (8) copies of any documents you wish for the Committee to consider to Renee S. Dixson, Discipline Case Manager, Virginia Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, Virginia, 23233, by September 6, 2010. Your documents may not be submitted. by facsimile or e?mail._ Should you or Adjudication Specialist Virginia Scher Wish to submit any documents for the Committee?s consideration after September 6, 2010, such documents shall be considered M. upon a ruling by the Chair of the Committee that good cause has been shown for late submission. You may be represented by an attorney at the informal conference. it you obtain counsel, you should do so as soon as possible, because absent good cause to support a request for a continuance, the informal conference Will be held on S_eptember 22, 2010. A request to continue this proceeding must state in detail the reason for the request and must establish good cause. Such request must be made,-in writing, to me at the address listed on this letter and must be received by August 11, 2010. Only one such motion will be considered. Absent exigent circumstances, such as personal or family illness, a request for a continuance after August '11, 2010, will not be considered. Relevant sections of the Administrative Process Act, which govern proceedings of this nature, as well as laws relating to the practice of medicine and other healing arts in Virginia cited in this notice can be found on the Internet at To access this information, please click on the Code of Virginia for statutes and Virginia Administrative Code for regulations. In its deliberations, the Committee may utilize the Sanction Reference Points System, as contained in the Sanction Reference Manual. The manual, which is a "guidance 'document of the Board, may be accessed at You may request a paper copy from the Board office by calling (804-) 367?4513. Please adviSe the Board, in writing, of your intention to be present. Should you fail to appear at the informal conference, the Board may proceed to a formal administrative hearing in order to impose sanctions. If you have any questions regarding this notice, please contact Adjudication Specialist Virginia Scher, at (804) 367-4669. Sincerely, @Q%&aa 6 f, L. Harp, MD. - Executive Director - Virginia Board of Medicine Netice of Informal Conference- Dean Harris Woodard, MD. Iuly 27, 2010 Page 5 Enclosures: Attachment I Informal Conference Package Map cc: Karen A. Ransone, MD, President, Virginia Board of Medicine Renee Discipline Case Manager, Board of Medicine Virginia Scher, Adjudication Specialist, APD Lorraine McGehee, Deputy Director, APD Sue S. Zich, RN. B.S.N., E.M.T., Senior investigator [129112] Pamela Kincheloe, Senior Investigator [131657] ?1 or vraornra Dianne Ll. Reynolds?Cane, MD. Department ofHeaZrh Professions. Director Perimeter Center TEL (804) 357-4400 9950 Mayland Drive, Suite 300 FAX (804) 527- 4475 Henrico, Virginia 23233-1463 September 23, 2010 Dean Harris Woodard, MD. CERTIFIED MAIL 8029 Towering Oal< Way 7160 3901 9848 6294 0890 Manassas, Virginia 20111 RE: License No.: 0101-041539 Dear Dr. Woodard: This letter is official notification of the decision of the Special Conference Committee (?Corrunittee?) of the Virginia Board of Medicine (?Board?), which met on September 22, 2010,- in Henrico, Virginia. Members of the Board serving on the Committee were: Wayne Reynolds, D.O., Chairman, Sandra Anderson Bell, M.D., and Jane E. Piness, MB. You were not present at I the informal conference and were not represented by counsel. After thorough review of the matters before it, the Committee finds that it cannot resolve this matter within the limits of its authority as set forth in Section of the Code of Virginia (1950), as amended Therefore, pursuant to Section 22-4020 of the Code, a formal hearing will be convened. You will receive written notice indicating the date, time and location of the hearing approximately thirty (30) days in advance of such hearing. . Pursuant to Sections-2.24023 and 541-24002 of the-Code, this case decision shall remain I in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request. . Should you have any questions regarding the Committee's decision, you may refer them to Jennifer L. Deschenes, Deputy Executive Director, Discipline, at (804) 3624513. ?rm, L. Harp, MD. . Executive Director - Virginia Board of Medicine Sincerely, Board of Audiology 8: Speech-Language Pathologyw Board of Counseling Board of Dentistry Board of Funeral Directors Embalmers Board of Long~Term Care Administrators Board of Medicine Board Of Nursing Board of Optometry Board of Pharmacy Board of Physicai Therapy Board of Board of Social Work a Board of Veterinary Medicine Board of Health Professions . Decision Letter - Dean Harris Woodard, MI). Sept?mber 23, 2010 Page 2 of 2 Vas/ Wooda1fd12??z57decltr. doc cc: Karen A. Ramona, MI), Presideht, Virgil?a Board of Medicine Virginia Scher, Adjudication Specialist, APD Lorraine MCGehee, Deputy'DirectoI, APD Sue S. Zich, Senior Investigator [129112] Pamela Kincheloe, Senior Investigator [131657] COMMONWEALTH of VIRGINIA $232? Neb'ke? Department of Health Professions 6603 West Broad Street. 5th Floor TEL (804) 662-9900 Richmond, Virginia 23230-1712 FAX (804) 55299? December 4, 2002 TDD (804) 662'7197 Dean H. Woodard, MD. 716 Selma Boulevard CERTIFIED MAIL Staunton. Virginia 24401 7106 4575 1294 3559 6427 RE: License No.: 0101-041539 Dear Dr. Woodard: This letter is official notification that an informal conference of the Virginia Board of Medicine ("Board") will be held on Wednesday, January 15, 2003 at 8:45 at the Department of Health Professions, 6603 West Broad Street, 5'h Floor, Richmond, Virginia. The conference will be conducted pursuant to Sections 54.1-2919. 22-4019 and 2.2-4021 of the Code of Virginia (1950). as amended An Informal Conference Committee (?Committee?). composed of three members of the Board. \\ill inquire into allegations that you may have violated certain laws governing the practice of medicine in Virginia. in that: I. You may have violated Sections as further defined in Sections 54.1- (8) and (l l) of the Code. in that you exploited the vulnerabilities of Patient A. a 21-year-old female who initially presented to you on September 9. 2002. in Stannton. Virginia. where she was treated by you for pharyngitis/bronchitis. Speci?cally: a. During Patient A?s medical visit. you discussed with Patient A her difficulty in obtaining her General Education Development diploma. because of poor mathematics skills. Patient A had taken the test on three (3) previous occasions. without passing. You offered to tutor Patient A in mathematics, or have your son prowde tutoring services. b. You told Patient A about your wife and children. and disclosed that your wife recently left you. c. You offered Patient A a job cleaning your house after learning that she was three and one-half (3 months pregnant. unemployed. without health insurance and lived with friends. d. While in the office. you told Patient A how pretty she was and ?irted with her. demm-de-de-Mdmm Motrin-MW Notice of Informal Conference - Dean H. Woodard. M.D. December 4, 2002 Page 2 e. Before Patient A left your office, you gave her a slip of paper containing your cellular telephone number, and asked her to call you if she was interested in accepting your offers for tutoring or employment. 2. You may have violated Section as further de?ned in Sections (8), (11), (13) and (14) of the Code and 18 VAC 85-20-100 of the Board?s General Regulations, in that after Patient A telephoned your cellular telephone number on the evening of September 9, 2002, to accept your offer for tutoring, you picked up Patient A at her home, and proceeded to drive to Charlottesville, Virginia. Upon returning to Staunton, while parked in your automobile, you engaged in sexual contact with Patient A, concurrent with and by virtue of the practitioner-patient relationship, that was intended for your sexual arousal and grati?cation. On September 11, 2002, you sent Patient A a letter, apologizing for your ?assertive behavior,? and enclosing one hundred ?fty dollars ($150.00) that you stated Patient A could use to pay your son, or someone else, for tutoring. Also on September 11, 2002, an adjustment was made to Patient A?s account at your practice, in that the remaining balance of thirty-nine dollars ($39.00) from Patient A?s office visit on September 9, 2002 was deducted as ?General Write-Off.? 3. You may have violated Section as further defined in Sections (8), (l l) and (14) of the Code in that on September 16. 2002. you were was arrested on three felony counts in the City of Staunton. Specifically: a. Violation of Section 182-61 of the Code: having sexual intercourse with a person, not the spouse of the accused. against the complaining witness?s will, by force, threat or intimidation. b. Violation of Section 18.2-67.2 of the Code: committing an act of [animate] object sexual penetration with a person. not the spouse of the accused. against the complaining witness?s will. by force. threat or intimidation. c. Violation ofSection 18.2-361 ofthe Code: carnally knowing by or with the mouth. in order to protect the privacy of Patient A. she has been referred to by letter only. Please see Attachment 1 for the identity of Patient A. The Committee may take the following actions: I. If a majority of the Committee is of the opinion that a suspension or revocation of your license may be justi?ed. the Committee shall present to the Board in writing its ?ndings. and the Board may proceed with a formal hearing. 2. The Committee may notify you in writing that you are fully exonerated of any charge that might affect your right to practice medicine in Virginia. 3. The Committee may reprimand or censure you. 4. The Committee may impose a monetary penalty pursuant to Section 54. 1-2401 of the Code. 5. The Committee may place you on probation for such time as it may designate and direct that during such period you furnish the Committee or its chairman. at such intervals as the Committee may direct, evidence that you are not practicing in violation of the provisions of Chapter 29. Title 54.] of the Code. which governs the practice of medicine in Virginia. Notice of Informal Conference Dean H. Woodard, M.D. December 4. 2002 Page 3 You have the right to information that will be relied upon by the Committee in making a decision. Therefore, I enclose a copy of the documents that will be distributed to the members of the Committee and ?ill be considered by the Committee when discussing the allegations with you and when deliberating upon your case. Since you have been noticed of an alleged violation of Section of the Code, enclosed in these documents "is Opinion 8.14 of the American Medical Association Code of Medical Ethics. The Committee may consider this opinion when determining whether you have conducted your practice in a manner contrary to the standards of ethics of the practice of medicine. These documents are enclosed only with the original notice sent by certi?ed mail and must be claimed at the post of?ce. Your counsel, Stephen W. Bricker, Esquire. has also been provided a copy of these documents. I also enclose relevant sections of the Administrative Process Act, which govern proceedings of this nature, as well as laws relating to the practice of medicine and Other healing arts in Virginia. To facilitate this proceeding, you must submit eight (8) copies of any documents you wish for the Committee to consider to Rene? Dixson, Discipline Case Manager, Board of Medicine, Department of Health Professions, 6603 West Broad Street, 5Lh Floor, Richmond, Virginia 23230-1712, by December 27, 2002. Your documents may not be submitted by facsimile. Should you or Assistant Attorney General James E. Schliessmann wish to submit any documents for the Committee?s consideration after December 27, 2002. such documents shall be considered upon a ruling by the Chair of the informal conference committee that good cause has been shown for late submission. Absent exigent circumstances, such as personal or family illness, a request for a continuance after December 27 2002, will not be considered. Please advise the Board. in writing. of your intention to be present. Should you fail to appear at the infomtal conference. the Board may proceed to a formal administrative hearing in order to impose sanctions. Should you have any questions regarding this notice. please contact Lori 1.. Pound. Senior Adjudication Analyst. at (804) 662-7677. Sincerely, Que, William 1.. Harp. M.D. Executive Director Virginia Board of Medicine Ifcnot Woodard 02 woomm Dun doc cc: Harry C. Beaver. MD. President. Virginia Board of Medicine Robert A. Nebiker. Director. Department of Health Professions James E. Schliessmann, Assistant Attorney General Lori L. Pound. Senior Adjudication Analyst Stephen W. Bricker, Esquire (with enclosures) Martha W. Miller. Senior Investigator (87738) Renee S. Dixson. Discipline Case Manager Patricia Hanchey. Senior Administrative Assistant Notice of Informal Conference Dean H. Woodard, M.D. .. December 4, 2002 Page 4 Enclosures: Virginia Code Sections: 54.1-2914 54.1-2915 54.l-29l9 2.2-4019 2.2-4021 General Regulations 18 VAC 85-20-100 Informal Conference Package Attachment 1 Map COMMONWEALTH of VIRGINIA Dianne L. Reynoldanana, MD. - Department ofHeaZtk Director Perimeter Center I TEL (804) 367- 4400 4- 9960 Mayland Drive, Suite 300 FAX (804) 527? 4475 Henrico, Virginia 23233-1463 December 28, 2010 Dean Harris Woodard, MD. - UPS OVERNIGHT 8029 Towering Oak Way i .Manassas, Virginia 20111 RE: License No.: 0101-041539 Dear Dr. Woodard: In accordance with Sections 541-105, 541-110, 541?2400, 2.24020 and 22-4021 of the Code of Virginia (1950), as amended you are hereby given notice that the Virginia Board of Medicine (?Board?) will convene a formal administrative hearing to receive and act upon evidence that you may have violated certain laws governing the practice of medicine and surgery in Virginia, as set forth in the attached Statement of Particulars. The formal administrative hearing will be held in accordance with the provisions of Sections and 22-4024}i of the Code, before a panel of the Board, with a member of the Board presiding. You have been scheduled to appear before the Board on February 17 - 19, 2011, in the offices of the Department of Health Professions, 99.60 Mayland Drive, 2nd floor, Henrico, Virginia. You will receive written notification at a later date regarding the specific date and time of your hearing. A map is enclosed for your convenience. Your presence is required thirty (30) minutes in advance of the appointed time. Please report to the 21'!d ?oor receptionist and be seated in the waiting room. You will be called when the Board is ready to meet with you. You have the following rights, among others: to be accompanied by and represented by counsel, to submit oral and documentary evidence .andrebuttal proofs, to conduct such cross-examination as 'may elicit a full and fair disclosure of the facts, and to have the proceedings completed and a decision made with dispatch. Should you wish to subpoena witnesses, requests for subpoenas must be made, in writing, in accordance with the enclosed Instructions for Requesting Subpoenas. Beard of Audiology Speech-Language Pathology Board of Counseling Board of Dentistry Board of Funeral Directors Embalmers Board of Long-Term Care Administrators Board of Medicine Board of Nursing Board of Optometry Board of Pharmacy Board of Physical Therapy Board of Board of Social-Work Board of Veterinary Medicine Board of Health Professions Notice of Formal Hearing - Dean Harris Woodard, December 28, 2010 Page 2 of 3 Please care?rlly read the following paragraphs, which contain date-sensitive and important information regarding this prOceeding. You have the right to the information that will be used by the Board in reaching a decision regarding this matter; therefore,.I enclose the Commonwealth?s evidence. Please note that these documents are enclosed $111 with the original notice sent by E. Further, if you are represented, it is your responsibility to provide the enclosed materials to your attorney. if you or your counsel have any questions regarding these materials, you should contact Assistant Attorney General James Schliessmann at (804) 692-0169. Should you wish to file objections to the Commonwealth?s evidence, you must send your written objections to me, at the address on this letterhead, no later than January 10, 2011. If "you have not filed any objections by January 10, 2011, the exhibits will be distributed to the. Board members . for their review prior to your hearing, and will be considered by the Board as evidence when it deliberates upon your case. If you do file objections, the Commonwealth has until January .13, 2011, to file a response to the objections, in writing and addressed to me at the "Board office. The chairperson of the proceeding will rule on the motion. EVIDENCE Should you wish for the Board to consider additional information relative to this proceeding, you must submit fifteen (15) copies of any such documents to Renee S. Dixson, Discipline Case "Manager, Virginia Board. of Medicine, 9960 Mayland Drive, Suite 300, Henrico, Virginia 23233, by January 17, 2011. You may not submit your documents by facsimile or e-mail. The Commonwealth must file any objections to your submissions in writing, addressed to me at the Board office, no later than January 19, 2011. If no'objections have been received by January 19, 2011, the evidence will be distributed to the Board members for their review, and will be considered by the Board as evidence when it deliberates upon your case. if the Commonwealth raises objections, you have until January 21, 2011, to file your response to the objections, in writing-and addressed to me at the Board office; The chairperson of the proceeding will rule on the motion. - OTHER MOTIONS If you. or Assistant Attorney General James Schliessmann wish to make any pre?' hearing motions regarding matters Other than the exhibits, including offers of settlement, each of you is directed to file motions, in writing, addressed to me at the Board office by January 18, 2011. Responses to motions filed must be submitted by January 20, 2011. The chairperson of the proceeding will rule on the motion. Notice of Formal Hearing - Dean Harris Woodard, M.D. December 28, 2010 Page 3 of 3 REQUEST-FOR A CONTINUANCE Absent exigent circumstances, such. as personal or family illness, a request for a continuance? after January" 7, 2011, Will not be considered." If you do so as soon as possible, as a motion for a continuance due to the-unavailability of counsel will I not be considered unless received by'January 7, 2011. Relevant sections of the Administrative Process Act, which govern proceedings of this nature, as well as laws relating to the practice of medicine and other healing arts in Virginia cited in this notice can be found at http:/ /leg1.state.va.us. To access this information, please click on Code of Virginia for. laws and Virginia Administrative Code for regulatiOns. Please indicate, by letter to this of?ce, your intention to be present. Sincerely, i an W?lg?i L. Harp, MD. ExeCutive Director Virginia Board of Medicine Enclosures: CommonWealth?s Exhibits (3 volumes, 2 Statement of Particulars Attachment I Instructions for Requesting Subpoenas Map cc: A Ransone, M.D., President, Virginia Board _of Medicine Iames E. Schliessmann, Assistant Attorney General enclosures] Virginia Scher, Adjudication Specialist, APD Lorraine McGehee, Deputy Director, APD Sue S. Zich, Senior Investigator [129112] Pamela Kincheloe, Senior Investigator [131657] .- VIRGINIA: BEFORE THE BOARD OF MEDICINE INRE: DEAN HARRIS WOODARDLicense No.: 0101-0415359 STATEMENT OF PARTICULARS The Board of Medicine (?Board?) alleges that: 1. Dr. Woodard may have violated sections (13) and (16) of. the I Code of Virginia (1950), asamended in his treatment of Patient A. Specifically," on or about October 3, 2008, Patient A presented to Dr. W'oodard-With ankle pain status post surgery for fracture on September 19, 2008. Dr. Woodard failed to take a complete history, failed to perform a complete physical examination and, despite the fact that the patient reported he was on pain medication, failed to determine the medication or dosage. Dr.- Woodard prescribed a high dosage of narcotic, specifically, oxycodo?ne 30mg Immediate Release #60. Patient A died the following day as a result of multiple prescription I medications toxicity, including oxycodone. 2. - Dr. Woodard may have violated Sections (13) and (16) of the Code in his treatment of Patient B. Specifically, from approximately December 2007 to October 2008, Dr. Woodard prescribed opioids to Patient for complaints of pain; however: he initiated-treatment of pain with opioids Without taking a complete medical and substance abuse history and Without performing a complete physical examination; b. he failed on subsequent office Visits to perform adequate physical examinations; and Statement of Particulars Dean Harris Woodard, M.D. December 28, 2010 Page 2 c. he failed to adequately monitor the patient?s narcotics use. I 3. I Dr. Woodard may have violated (13) and (16) of the Code in his treatment of Patient C. Specifically; from approximater April 11; 2007 to July 2009; Dr. Woodard prescribed opioids to Patient on a continuous basis for complaints of pain; however: I I a. he initiated treatment of pain with opioids Without taking a complete medical and substance abuse history and Without performing a complete physical examination; I I b. he failed, during his course of treatment of Patient to justify rationale for prescribing narcotics; he failed to perform adequate physical examinations; and d. I he failed to adequately monitor the patient?s narcotics use, including failure to address urine drug screens taken on October 24; 2008 and November 30; 2008 that were positive for amphetamines only. I i 4. Dr. Woodard may have violated Sections (13) and (16) of the Code in his treatment of Patient D. Specifically; beginning on or-about December 22; 2007, he prescribed Opioids to Patient on a continuous basis forcomplaints of pain; however: a. he initiated treatment of chronic lower back pain with opioids without taking a complete medical and substance abuse history and Without performing a complete physical examination; b. he failed; during the course of treatment; to perform adequate physical examinations; and Statement of Particulars - Dean Harris Woodard, MD. I)eceniber28,2010 Page 3 c. he failed to properly monitor Patient D?s use and possible abuse of narcotics, including failure to address reports that showed I that the patient was receiving narcotics from multiple prescribers and pharmacies, as Well as receiving prescriptions for Suboxone from another physician Since February 2009. 5, Dr. Woodard may-have violated (13) and (16) of the Code in his treatment of Patient E. Specifically, beginning on or about June 26, 2008, Dr. Woodard prescribed opioids to Patient on a continuous basis for complaints of pain; however, he failed to properly monitor the patients use and possible abuse of narcotics, and failed to access information showing that the patient was receiving narcotics from multiple prescribers and pharmacies while being treated by 6. Dr. Woodard may have Violated Sections (13) and (16) of the Code in his treatment of Patient Specifically, beginning on or about May 11, 2008, he prescribed opioids to Patient on a continuous basis for complaints of pain; however: a. he initiated treatment of chronic neck pain with opioids Without taking a complete medical and substance abuse history without performing a complete- physical examination; b. I he failed to properly monitor the patients use and possible abuse. of narcotics, and was not aware, until September 2009,. that the patient had been receiving narcotics from other prescribers, in addition to himself, in the past; c. he failed to refer Patient for persistent complaints of numbness in arms and hands; and . Statement of Farticulars Dean Harris Woodard, MD. December 28, 2010 Page 4 d. on or about December 27, 2008, he prescribed Suboxone and Ro'xicodone without documenting his rationale for that combination of medications. . Please see Attachment I for the identity of the patients listed above. FOR THE BOARD ?it?zuc 11-11%. Harp, MD. xecutive Director Virginia Board of Medicine DATE: {Z/ZJ/ano Robert A. Nebiker Department ofHealth Professions Direcmr 6603 West Broad Street, 5th Floor $282; $233333 Richmond, Virginia 23230-1712 TDD (804) 662-7197 January 22, 2003 Dean H. Woodard, MD. CERTIFIED MAIL 716 Selma Boulevard 7160 3901 9844 7522 9917 Staunton, Virginia 24401 RE: License No.: 0101-041539 Dear Dr. Woodard: This letter is official notification of the decision of the Informal Conference Committee ("Committee") of the Virginia Board of Medicine ("Board"), which met with you on January 15, 2003, in Richmond, Virginia. Members of the Board serving on the Committee were: Harry C. Beaver, M.D., Chair, Dianne L. Reynolds-Cane, MD. and Carol E. Comstock, RN. After thorough review of the matters before it, the Committee made the following findings and conclusions of law: 1. You violated Section 54.1-2915.A (3), as further defined in Sections 54.1- 2914.A (7), (8) and (11) of the Code, in that you exploited the vulnerabilities of Patient A, a 21-year-old female who initially presented to you on September 9, 2002, in Staunton, Virginia, where she was treated by you for pharyngitis/bronchitis. By your own admission, much of your conversation and examination of Patient A was flirting, for the purpose of meeting the patient later for a sexual encounter. Specifically: a. During Patient A?s medical visit, you discussed with Patient A her difficulty in obtaining her General Education Development diploma, because of poor mathematics skills. Patient A had taken the test on three (3) previous occasions, without passing. You offered to tutor Patient A in mathematics, or have you son provide tutoring services. b. You told Patient A about your wife and children, and disclosed that your wife recently left you. MdWW-MdW-MdMWa?-mdmm Boudolmm Informal Conference Decision Letter - Dean H. Woodard, M.D. January 22, 2003 Page 2 c. You offered Patient A a job cleaning your house after learning that she was three and one-half (3 1/2) months pregnant, unemployed, without health insurance and lived with friends. d. Before Patient A left your office, you gave her a slip of paper containing your cellular telephone number, and asked her to call you if she was interested in accepting your offers for tutoring or employment. e. You stated to the Committee that during your physical examination of Patient A, you palpated Patient A?s uterus more for the purpose of ?irting with her, than out of medical necessity. 2. You violated Section 54.1-2915.A (3), as further defined in Sections 54.1- 2914.A (7), (8), (11), (13) and (14) of the Code and 18 VAC 85-20-100 of the Board's General Regulations, in that after Patient A telephoned your cellular telephone number on the evening of September 9, 2002, to accept your offer for tutoring, you picked up Patient A at her home, and proceeded to drive to Charlottesville, Virginia. Upon returning to Staunton, while parked in your automobile, you engaged in sexual contact with Patient A, concurrent with and by virtue of the practitioner-patient relationship, which was intended for your sexual arousal and gratification. On September 11, 2002, you sent Patient A a letter, apologizing for your "assertive behavior," and enclosing one hundred fifty dollars ($150.00) which you stated Patient A could use to pay your son, or someone else, for tutoring. Also on September 11, 2002, an adjustment was made to Patient A?s account at your practice, in that the remaining balance of thirty-nine dollars ($39.00) from Patient A?s office visit on September 9, 2002 was deducted as "General Write-Off.? 3. On September 16, 2002, you were arrested on three felony counts in the City of Staunton. Specifically, the warrants charged: a. Violation of Section 182-61 of the Code: having sexual intercourse with a person, not the spouse of the accused, against the complaining witness?s will, by force, threat or intimidation. b. Violation of Section 18.2~67.2 of the Code: committing an act of [animate] object sexual penetration with a person, not the spouse of the accused, against the complaining witness?s will, by force, threat or intimidation. c. Violation of Section 182-361 of the Code: carnally knowing by or with the mouth. With the agreement of counsel, the Board reserves the ability to renew allegation 3 of the Notice in any future proceeding. Informal Conference Decision Letter - Dean H. Woodard, M.D. January 22, 2003 Page 3 4. You violated Terms 2 and 4 of the Board?s Consent Order, entered November 6, 2002, in that you failed to cooperate fully with the evaluation by Joel Silverman, MD. Specifically, on or about October 14, 2002, you did not accurately answer Dr. Silverman?s questions concerning whether you had any other inappropriate patient contacts. In or about late December 2002, you initiated a telephone call to Dr. Silverman to correct this information. On or about January 10, 2003, Dr. Silverman returned your telephone call and in this conversation, you stated that you had prior sexual contacts with two other patients. You confirmed this information to the Committee and stated that one patient demanded one hundred thousand dollars ($100,000) from you, alleging nonconsensual sexual contact. In other respects, you are in compliance with the Board?s prior order. 5. In his November 27, 2002 evaluation, Dr. Silverman?s diagnosis of you was Axis II, personality disorder, mixed with narcissistic and obsessive compulsive features and based on this, that you would benefit from ongoing of at least one hour per week for a minimum of one year. In Dr. Silverman?s January 14, 2003 letter in response to the additional information received on or about January 10, 2003, Dr. Silverman indicated that you continue to have very limited insight into your behavior, and minimize the inappropriate and unacceptable nature of this behavior. Based on the Findings of Fact and Conclusions of Law #1 and #2 above, the Committee finds that suspension or revocation of your license may be justified and recommends that a formal administrative hearing be convened at the earliest possible date. Pursuant to Section 54.1-2919 of the Code, the Committee will present its findings to the Board, and if the Board concurs, a formal administrative hearing will be scheduled to resolve this matter. You will receive written notice indicating the date, time and location of the hearing approximately thirty (30) days in advance of such hearing. Pursuant to Section 22-4023 of the Code of Virginia (1950), as amended, this case decision shall remain in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request. Should you have any questions regarding the Committee's decision, you may refer them to Karen Perrine, Deputy ExecutiveDirector, Discipline, at (804) 662-7009. Sincerely, d, /07. William L. Harp, MD. Executive Director Virginia Board of Medicine Informal Conference Decision Letter - Dean H. Woodard, M.D. January 22, 2003 Page 4 WLl-l:fd0121 L1.ifcdec.WoodarcLG3 LP\woodard381FCDethr.DOC cc: Harry C. Beaver, M.D., President, Virginia Board of Medicine Robert A. Nebiker, Director, Department of Health Professions Rene? S. Dixson, Discipline Case Manager, Board of Medicine James E. Schliessmann, Assistant Attorney General Lori L. Pound, Senior Adjudication Analyst Stephen W. Bricker, Esquire Martha W. Miller, Senior Investigator (87738) VIRGINIA: BEFORE THE BOARD OF MEDICINE IN RE: DEAN HARRIS WOODARD, M.D. License No.: 0101-041539 In accordance with Sections 22-4019 and 22-4021 of the Code of Virginia (1950), as amended an informal conference was held with Dean Harris Woodard, M.D., on March 29, 2005, in Richmond, Virginia. Members of the Virginia Board of Medicine (?Board?) serving on the Special Conference Committee (?Committee?) were: Gopinath R. Jadhav, M.D., Chair; Jane E. Piness, and Stephen E. Heretick, Dr. Woodard appeared personally and was represented by legal counsel, Stephen W. Bricker, Esquire. The purpose of the informal conference was to consider Dr. WoOdard?s Petition for Reinstatement of his license to practice medicine and surgery in the Commonwealth of Virginia, which was suspended by Consent Order of the Board, entered June 4, 2003 ("Board's Order?), and to inquire into allegations that he may have violated certain laws and regulations governing the practice of medicine and surgery in Virginia. These matters are set forth in a Notice of Informal Conference dated March 3, 2005. FINDINGS OF FACT AND CONCLUSIONS OF LAW Now, having properly considered the evidence and statements presented, the Committee makes the following Findings of Fact and Conclusions of Law: 1. Dean Harris Woodard, M.D., was issued license number 0101?0415139 by the Board to practice medicine and surgery in the Commonwealth of Virginia on September 1987. Said license was suspended by Consent Order of the Board, entered June 4, 2003. Order - Dean Harris Woodard, MD. Page 2 of 7 2. In or about July 2004; Dr. Woodard underwent a comprehensive forensic evaluation by Robert S. Brown; Sr., MD. Dr. Brown concluded that Dr. Woodard would be safe to return to the practice of medicine with certain terms and conditions, to include: continuation of treatment; additional course work in medical ethics; theological counseling; chaperone with female patients; and physician supervision. 3. In or about November 2004; Lee E. Hersch; Dr. Woodard?s therapist since on or about January 2003; recommended that Dr. Woodard be allowed to return to practice with the conditions proposed by Dr. Brown. 4. In response to a request from Dr. Woodard; Boyd Wickizer; MD. agreed to serve as physician supervisor for Dr. Woodard upon his return to practice. 5. On or about June 13-14, 2003; Dr. Woodard completed the course entitled Ethics for Physicians? sponsored by the Virginia Medical Law Center. 6. From in or about September 2004; through in or about November 2004; Dr. Woodard attended the Foundations of Bioethics 81] course taught by Jonathan Moreno at the University of Virginia. 7. On or about December ?18, 2004; Dr. Woodard attended the 15th Annual Neurology for the Primary Practitioner course in Baltimore; Maryland, accruing seven (7) hours of Category 1; American Medical Association approved; continuing education 8. Dr. Woodard showed evidence of approximately fifty-seven (57) hours of online CE in various topics. Order - Dean Harris Woodard, M.D. Page 3 of 7 9. Richard W. Morton, M.D., President-Elect of the Albemarle County Medical Society, wrote an unsolicited letter to the Board, received March 17, 2005, praising Dr. Woodard?s appearance before the Albemarle County Medical Society, in which Dr. Woodard described his experiences leading to the suspension of his license. 10. By letter dated March 15, 2005, Dr. Brown indicated that Dr. Woodard appeared before an Echols Scholar Seminar at the University of Virginia in or about March 2005, in which Dr. Woodard described his experiences leading to the suspension of his license. 11. The Committee concluded that Dr. Woodard appeared sincerely remorseful, and demonstrated insight into the inappropriate nature of his previous sexual misconduct with patients. 12. Dr. Woodard indicated to the Committee that the website for Patient Care Plus Walk-In Clinic, Staunton, Virginia, which appeared on the Internet from approximately August 2003 to July 31, 2004, was an inadvertent oversight. Verizon only removed the website after Dr. Woodard made numerous requests that Verizon do so. 13. Dr. Woodard violated Section 541-29101 and Section [formerly Section as further defined in Section of the Code, and Part VII, ?Practitioner Profile System? (18 VAC 85-20?290 of the Board's General Regulations, in that he did not provide, upon request, information regarding a paid medical malpractice claim on or about May 10, 1995, in Mineral County, West Virginia. 9% WHEREFORE, based on the foregoing findings of fact and conclusions of law, it is hereby ORDERED that the PETITION TO REINSTATE the license of Dean Harris Woodard, Order Dean Harris Woodard, MD. Page 4 of 7 M.D., be GRANTED. Prior to the issuance of the license, Dr. Woodard must remit all fees associated with activating the license to current and active status for the 2004 - 2006 biennium. Further, it is hereby ORDERED that the license of Dean Harris Woodard, M.D., be, and hereby is, placed on INDEFINITE PROBATION, subject to the following terms and conditions: 1. Within one (1) year of entry of this Order, Dr. Woodard shall successfully complete a course in maintaining appropriate professional boundaries, which shall be approved in advance of registration by the Executive Director of the Board. This course shall be for a minimum of twelve (12) hours. Within fifteen (15) days of completion of the CE, Dr. Woodard shall submit a certificate or other evidence, satisfactory to the Executive Director of the Board, of completion of this course. Any CE hours obtained for the requirement of licensure renewal shall not be used towards compliance with this term. 2. Dr. Woodard shall only practice medicine in a group or practice setting approved by the Board, and with a practice supervisor approved by the Board. Further, Dr. Woodard shall not engage in the practice of medicine until the Board has approved the practice setting and a practice supervisor, and Dr. Woodard receives authorization from the Board to practice. Dr. Woodard shall be responsible for all costs associated with the supervision of his practice, and shall provide his supervisor, all current and future partners, associates and employees with a copy of this Order, and all previous Orders of the Board. Should Dr. Woodard choose to change practice supervisors, he shall submit a request for approval to the Executive Director of the Board, and shall submit a curriculum vitae of the pr0posed supervisor. Dr. Woodard shall not practice with a new supervisor until he receives authorization from the Board. Dr. Woodard Order - Dean Harris Woodard, M.D. Page 5 of 7 shall sign an authorization providing for unrestricted communication between and among the Board and his practice supervisor. Dr. Woodard?s practice supervisor shall: a. practice in the same office and during similar hours as Dr. Woodard; b. provide general supervision of Dr. Woodard?s practice; to include random chart reviews to ensure his clinical competence; c. provide mentoring to Dr. Woodard to ensure that he demonstrates appropriate professional conduct; and d. provide written quarterly reports to the Board on the first day of January, April, July and October. 3. Dr. Woodard shall have a female chaperone present at all times during an examination or treatment of female patients. Dr. Woodard shall submit the name and identification of the chaperone for approval by the Executive Director of the Board. Dr. Woodard shall provide a copy of this Order, and all previous Orders of the Board, to the chaperone. Dr. Woodard's chaperone shall: a. attest to her presence by countersigning any notes or physical findings made by Dr. Woodard; b. provide written quarterly reports to the Board on the first day of January, April, July and October; and c. immediately report to the Board any inappropriate sexual behavior displayed by Dr. Woodard. 4. Dr. Woodard shall remain under the care of Lee E. Hersch, or another practitioner approved by the Board. Dr. Woodard shall cause his treating practitioner to submit Order - Dean Harris Woodard, MI). Page 6 of 7 to the Board written reports regarding ongoing therapy on the first day of January, April, July and October. The initial report shall contain a detailed statement on the current condition, prognosis and any change in the treatment plan or diagnosis. Should Dr. Woodard wish to change treating practitioners, Dr. Woodard shall submit the name and curriculum vitae of a practitioner for approval by the Board. Upon approval, Dr. Woodard shall advise the Board when he has made an appointment and shall await authorization from the Board before seeing the practitioner. The Board will provide a copy of any materials deemed necessary to assist the practitioner. Dr. Woodard shall sign an authorization providing for unrestricted communication between and among the Board and Dr. Woodard?s current, former or future treating or evaluating practitioners, including, but not limited to, substance abuse evaluations or treatment records from substance abuse facilities. 5. Within thirty (30) days of entry of this Order, Dr. Woodard shall update his practitioner profile to include all required information. 6. After Dr. Woodard has obtained approximately (1) one year of practice in a Board approved practice setting, as required by Term 2 of this Order, he shall reappear before a Special Conference Committee to review his compliance with this Order. 7. Dr. Woodard shall maintain a course of conduct in his practice of medicine commensurate with the requirements of Title 54.1, Chapter 29 of the Code and all laws of the Commonwealth. 8. Dr. Woodard shall cooperate with the Virginia Board of Medicine and the Department of Health Professions in the investigation or inspection of his practice to verify that he is in compliance with this Order. Order - Dean Harris Woodard, M.D. Page 7 of 7 9. Dr. Woodard shall notify the Executive Director of the Board, by certi?ed mail, of any change of address within ten (10) days of such occurrence. 10. Dr. Woodard shall notify the Executive Director of the Board immediately, in writing, should he intend to change the location of his practice. Violation of this Order may constitute grounds for suSpension or revocation of Dr. Woodard?s license. In the event that Dr. Woodard violates this Order, an administrative proceeding may be convened to determine whether his license shall be revoked. Pursuant to Section of the Code, the signed original of this Order shall remain in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request. Pursuant to Section of the Code, Dr. Woodard may, not later than 5:00 pm, on May 8, 2005, notify William L. Harp, M.D., Executive Director, Virginia Board of Medicine, 6603 West Broad Street, Fifth Floor, Richmond, Virginia 23230-1712, in writing that he desires a formal administrative hearing before the Board. Upon the filing with the Executive Director of a request for the hearing, this Order shall be vacated. Therefore, this Order shall become final on May 8, 2005; unless a request for a formal administrative hearing is received as described above. FOR THE BOARD W%/7277r77 77% William L. Harp, Executive Director Virginia Board of Medicine ENTERED: 4 03/ VIRGINIA: BEFORE THE BOARD OF MEDICINE IN RE: DEAN HARRIS WOODARD, M.D. License No.: 0101-041539 9.13% In accordance with Sections 22-4019 and 2.2-4021 of the Code of Virginia (1950), as amended an informal conference was held with Dean H. Woodard, M.D., on April 10, 2007, in Fredericksburg, Virginia. Members of the Virginia Board of Medicine ("Board") serving on the Special Conference Committee ("Committee") were: Gopinath Jadhav, M.D., Chairman; Sandra Anderson Bell, and John H. MD. Dr. Woodard appeared personally and was represented by legal counsel, Stephen W. Bricker, Esquire. Virginia Scher, Adjudication Specialist, was present as a representative for the Administrative Proceedings Division of the Department of Health Professions. The purpose of the informal conference was to review Dr. Woodard?s compliance with the terms and conditions of indefinite probation imposed upon his license to practice medicine pursuant to an Order of the Board entered April 4, 2005, as set forth in a Notice of Informal Conference dated March 26, 2007. FINDINGS OF FACT Now, having properly considered the evidence and statements presented, the Committee makes the following Findings of Fact: 1. Dean Harris Woodard, M.D., was issued license number 0101-0415559 to practice medicine in Virginia on September 1, 1987. By Order of the Board entered April 4, 2005 ("Order"), Dr. Woodard?s license was placed on indefinite probation on terms and conditions. Order Dean Harris Woodard, M.D. Page 2 of 5 2. Pursuant to Term 1 of the Order, Dr. Woodard successfully completed a Board approved course entitled Professional Problem-Based Ethics, sponsored by the Professional Problem Based Ethics Program at Rutgers University in September 2005. 3. Pursuant to Term 2 of the Order, Dr. Woodard returned to practice at Emergicare in Manassas, Virginia on June 9, 2005, with a Board?approved practice supervisor. As required by the Order, the practice supervisor has submitted quarterly reports to the Board. The practice supervisor has reported favorably on Dr. Woodard?s clinical care of patients and on Dr. Woodard?s personal and professional growth. 4. Pursuant to Term 3 of the Order, Dr. Woodard was required to have a Board- approved, female chaperone present during examination or treatment of female patients. Chaperones were required to countersign treatment notes and to provide written quarterly reports to the Board. An unannounced inspection and review of records by Inspector Marta Ishmael on May 22, 2006, showed that Dr. Woodard is in substantial compliance with this term. Chaperone reports were submitted as required through the first quarter of 2007. All quarterly reports were submitted in a timely manner, and the reports noted no concerns regarding Dr. Woodard?s patient interactions. 5. Pursuant to Term 4 of the Order, Dr. Woodard has remained under the care of a Board-approved therapist who has provided quarterly reports to the Board. Dr. Woodard?s therapist reports favorably on Dr. Woodard?s progress in therapy, his professional functioning and his understanding of professional boundaries. Order - Dean Harris Woodard, M.D. Page 3 of 5 6. Pursuant to Term 5 of the Order, Dr. Woodard updated his Practitioner Profile within the required deadline, and regularly reviews it to ensure that accurate information is displayed. 7. In April 2007, Dr. Woodard underwent re-examination by a forensic In a report dated April 3, 2007, the reported that Dr. Woodard has gained an understanding of the ethical boundaries that must exist between a physician and his patients, and has benefited from his ongoing therapy. Further, the stated that he is aware of no imperative for the continuation of Dr. Woodard?s probation. CONCLUSIONS OF LAW Dr. Woodard is properly before the Board, and is in substantial compliance with the Order of the Board entered April 4, 2005. 9% WHEREFORE, based on the above Findings of Fact and Conclusions of Law, it is hereby ORDERED that the INDEFINITE PROBATION of the license of Dean Harris Woodard, M.D., be, and hereby is, TERMINATED. It is further ORDERED that Dr. Woodard?s license be subject to the following TERMS and CONDITIONS: 1. Dr. Woodard shall continue to have a non-related, female chaperone present during all female patient examinations, to include any interaction with any female patient. The chaperone shall sign the medical record for each clinical Visit that she attends. Order Dean Harris Woodard, M.D. Page 4 of 5 2. Dr. Woodard shall attend annually a Board-approved medical conference of at least three (3) CME hours that includes some education in ethics and boundaries in medicine. CME hours obtained by this course shall not be used toward licensure renewal requirements. 3. Dr. Woodard's practice may be subject to unannounced inspections by the Board to determine his compliance with the terms and conditions of this Order. 4. In approximately thirty-six (36) months, Dr. Woodard may petition for termination of the terms and conditions of this Order. Upon the submission of such petition, the Committee authorizes the Executive Director to close this matter without further proceedings or to refer it to a Special Conference Committee for final determination. 5. Dr. Woodard shall maintain a course of conduct in his practice of medicine commensurate with the requirements of Title 54.1, Chapter 29 of the Code and all laws of the Commonwealth. 6. Dr. Woodard shall cooperate with the Virginia Board of Medicine and the Department of Health Professions in the investigation or inspection of his practice to verify that he is in compliance with this Order. 7. Dr. Woodard shall notify the Executive Director of the Board, by certified mail, of any change of address within ten days of such occurrence. 8. Dr. Woodard shall notify the Board immediately, in writing, should he intend to change the location of his practice. Violation of this Order may constitute grounds for suspension or revocation of Dr. Woodard?s license. In the event that Dr. Woodard violates this Order, an administrative Order Dean Harris Woodard, M.D. Page 5 of 5 proceeding may be convened to determine Whether his license shall be revoked. Pursuant to Section 54.1-24002 of the Code, the signed original of this Order shall remain in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request. Pursuant to Section of the Code, Dr. Woodard may, not later than 5:00 on May 21, 2007, notify William L. Harp, M.D., Executive Director, Board of Medicine, 6603 West Broad Street, Richmond, Virginia 23230, in Writing that he desires a formal administrative hearing before the Board. Upon the filing with the Executive Director of a request for the hearing, this Order shall be vacated. Therefore, this Order shall become final on May 21, 2007; unless a request for a formal administrative hearing is received as described above. FOR THE BOARD ?x?x A illiagf L. Harp, M.D. Execu 've Director Virginia Board of Medicine ENTERED: ?l/1 BEFORE THE BOARD OE MEDICINE IN RE: - DEAN HARRIS WOODARD, MD. License No.: 0101-041539 ORDER In accordance with the provisions of sections 541-105, 541-110, 22-4020 and 22-4021 I of the Code of Virginia (1950), as amended a formal administrative hearing was convened before the Virginia Board of Medicine ("Board"), on April 1, 2011, in Henrico, Virginia, to receive and act upon evidence that Dean Harris Woodard, M.D., may have violated certain laws governing the practice of medicine in Virginia. These matters are set forth in the Board?s Notice of Hearing and Statement of Particulars dated December 28, 2010. Pursuant to Sections 224024.]? and 5411-2400(11) of "the Code, the hearing was held before a panel of the Board with a member of the Board presiding. Amy Marschean, Senior Assistant Attorney General, was present as legal counsel for the Board. The proceedings were recorded by a certified court reporter. The case was prosecuted by James E. Schliessrnann, Assistant Attorney General, assisted by Virginia Scher, Adjudication Specialist. Dr. Woodard appeared at the formal administrative hearing and was represented by legal counsel, Robert]. Zelnick, Esquire. FINDINGS OFEACT Now, having properly considered the evidence and testimony presented, the Board makes the following findings of fact by clear and convincing evidence: 1. Dean Harris Woodard, M.D., was issued license number 0101?0415319 by the Board to practice medicine and surgery in the Conunonwealth of Virginia on September 1, Order - Dean Harris Woodard, MD. Page 2 of 11 1987. Said license is currently active and will expire on December 31, 2012, unless renewed or otherwise restricted. .2. I Dr. Woodard has a long history of disciplinary action taken against his license by the Board. Specifically, Dr. Woodard?s Board history includes: I a. Placement of his license on terms, including the requirement that Dr. _Woodard submit to a evaluation'and use chaperones in treating female patients, due to boundary violations (Consent Order entered November 6, 2002),: b. Placement of his license on indefinite suspension for at least fifteen months due to criminal charges arising out of boundary violations with patients (Consent Order entered June 4, 2003) c. Placement of his license on indefinite probation after reinstatement, with terms including restriction of his medical practice to a group or practice setting with a practice supervisor, requirement of a chaperone during his treatment of female patients, and treatment with a practitioner approved by the Board (Order entered April 4, 2005); d. Termination of probation but continuation of terms including requirement of a chaperone during his treatment of female patients, annual attendance at a Board-approved medical conference that includes education in ethics and boundaries in medicine, and unannounced inspections (Order entered April 16, 2007),; and e. Termination of all terms and conditions and restoration of a full and unrestricted license (Letter dated August 25, 2008). - Order Dean Harris Woodard, MD. Page 3 of 11 3. On or about October 3, 2008, Patient A presented to Dr. Woodard with ankle pain status post surgery for fracture on September 19, 2008. Dr. Woodard failed to take a complete history, failed to perform-a complete physical examination and, despite the fact that the patient reported he was on pain medication, failed to determine the medication or I dosage. Dr. Woodard prescribed-an inappropriately dosage of narcotic, specifically, oxycodone 30mg immediate Release #60. Patient A died the following day as a result of multiple prescription medications toxicity, including oxycodone as confirmed by the testimony of Stephen L. Robinson, CAPT, MC, USN, Assistant Armed Forces Medical Examiner. - a. Dr. Woodard stated the medications reported in Patient A?s medical record were taken down by his medical assistant. The record states "taking medication for joint pain.? Dr. Woodard stated he thought Patient A told him he was taking Percocet but was out ofmedication. He believed he couldn?t get in touch with his doctor, so Dr. Woodard did not try himself. Dr. Woodard stated he did a urine drug screen on Patient A, but could not produce the result or refer to where that information was recorded in the patient?s medical record. Dr. Woodard thought Patient A?s pain was from fracture and infection, but there was no evidence in his record that he examined the wound. He was unclear when the fracture occurred, in that he believed it to be a recent fracture when in fact it was approximately six months old. admitted he failed to document the condition of Patient A?s surgical site or Patient A?s level of pain. Dr. Woodard testified that he considered Patient A an acute pain patient who _Was opiate naive and had no Order - Dean Harris Woodard, MD. Page 4 of 11 history of chronic pain issues. His intention in treating Patient A with the large dose he prescribed was to address his'pain management. Dr. Woodard-stated, probably gave him too much.? Dr. Woodard'admitted he is embarrassed about the lack of documentation. b. Patient A?s stepfather, an anesthesiologist residing in Florida, stated that Dr. Woodard should have known I not to prescribe the highest dose of I Oxycodone to his stepson following the September 19, 2008- hardware removal operation,? knowing he was under the care of a surgeon. 4. From approximately December 2007 to October 2008, Dr. Woodard prescribed opioids to Patient for complaints of pain; however: I a. he initiated treatment of pain with opioids without taking a complete medical and substance abuse history and without performing a complete physical examination; b. he failed on subsequent office visits to perform adequate physical examinations or diagnostic testing to confirm pathology; 1:3. he failed to adequately monitor the patient?s narcotics use. Dr. Woodard testified regarding Patient that he should have been more detailed and earnest in the evaluation and that he should have escorted him out the door. 5. From approximately April 11, 2007 to July 2009, Dr. Woodard prescribed opioids to Patient on a continuous basis for complaints of pain; however: a. he initiated treatment of pain with opioids without taking a complete medical and substance abuse history and without performing a complete physical Order Dean Harris Woodard; MD. Page 5 of 11 examination; b. he failed; during his course of treatment Of Patient C, to justify his rationale for prescribing narcotics; c. I he failed to perform adequate physical examinations; and d. he failed to adequately monitor the patient?s narcotics use; including failure to address urine drug screens taken on October 24; 2008 and November 30; 20-08 that were positive for amphefainines only. . Dr. Woodard testified his visits with Patient were brief and not well documented: ?This is the worst as far as the documentation and [pain] management goes.? He stated he missed the red. flags and he ?was generous with the [Schedule] 11?s and 111?s.? 6. Beginning on or about December 22, .2007, Dr. Woodard prescribed opioids to Patient on a continuous basis for complaints of pain; however: a. he initiated treatment of chronic lower back pain with opioids without taking a complete medical and substance abuse history and without performing a complete physical examination; b. he failed; during the course of treatment, to perform adequate physical examinations or diagnostic testing to confirm pathology; and c. he failed to properly monitor Patient D?s use and possible abuse of narcotics; including failure to address prescription monitoring reports that showed the patient was receiving narcotics from multiple prescribers and pharmacies; as well as receiving prescriptions for Suboxone from another physician since February 2009. Dr. Woodard stated; don?t know what the purpose of Suboxone is.? Order Dean Harris Woodard, MD. Page 6 of 11 Further, he stated he did not know how Suboxone interacted with other medications. Dr. Woodard said Patient told him that he took Suboxone for a couple "of Weeks and wanted to go back on Vicodin. 7. Beginning on or about June 26, 2008, Dr. Woodard prescribed opioids to Patient on a continuous basis for complaints of pain; however, he failed to properly monitor the patient?s use and possible abuse of narcotics, and failed to access infermation .showing that the patient was receiving narcotics from multiple prescribe-rs: and-pharmaCies while being treated by him. Dr. Woodard stated he has ordered an MRI for this patient that shows a surgical lesion, yet did not provide the Board with this record. Dr. Woodard? testified there was no signed pain management contract with Patient from his initial visit in 2008 until December 2009. He testified, when asked about the prescription monitoring profile I dated February 18,. 2010 showing multiple prescriptions and pharmacies, Obviously, I didn?t pay a great deal of attention to it.? 8. Beginning on or about May 11, 2008, Dr. 'Woodard prescribed opioids to Patient on a continuous basis for complaints of pain; however: I a. he initiated treatment of chronic neck pain with opioids without taking a complete medical and substance abuse history and without performing a complete physical examination; b. he failed to properly monitor the patients use and possible abuse of narcotics, and was not aware, until September 2009, that the patient had been receiving narcotics from other prescribers, in addition to himself, in the past, Order - Dean Harris Woodard, Ml). Page 7 of 11 c. he failed to refer Patient for persistent complaints of numbness in arms and hands; and 2008., he .. . Roxicodone Without documenting his rationale for that combination of medications. Dr. Woodard. stated that Patient claimed to have a congenital condition, an rnoicl-Chiari malformation. Dr. Woodard was unable to tell the Board What that I. I ?maid cause-,- I or. the appropriate treatment." Nevertheless, Dr. Woodard treated Patient with chronic opioid medication for this condition. When asked about a prescription monitoring profile run on November 23, 2009 showing multiple prescriptions and pharmacies that he admitted should have raised red ?ags, Dr. Woodard then stated, think had it been more ?agrant I would have acted on it at the-time.? 9. The Board did not find Dr. Woodard?s tes'tirnony coherent or responsive, and found his written statements in response to the above allegations not credible. He appeared woefully unfamiliar with his patient records and testified about facts related to Patients not documented and, when repeatedly asked where in the records those facts were, he was unable to find them. 10. The Board recognizes that pain management is an important and integral component of medical practice and that opioids may be necessary for the relief of pain. HoWever, before practicing pain management, especially with the use of opioids, a physician must become knowledgeable about pain assessment, effective methods of treatment, and appropriate monitoring. Dr. Woodard did not have the requisite training, Order - Dean Harris Woodard, MD. Page 8 of 11 - knowledge, certification or judgment in this area to appropriately assess, treat and manage chronic pain patients. .. denied that .hedid .his prescribing practices, and offered excuses rather than taking responsibility. for his mismanagement and inappropriate treatment of his pain management patients. He stated to the lnvestigator that he "may not have known the current rules based on the fact he has practiced for a number of years and it was not a big prescribing pain medications previously.? Dr. Woodard failed to demonstrate a basic understanding of chronic pain management, including recognizing patients who had history of and/ or active addiction and failing to recognize the rudimentary signs of drug seeking behavior. Dr. Woodard demonstrated consistent and repeated evidence of ?awed 12. medical judgment, both diagnostically and therapeutically. Dr. Woodard admitted his medical records were far from perfect. He referred to them as ?paperwork shortcomings? rather than treatment issues. 13. Dr. Woodard stated that. over the past several years he suffered bouts of depression and anxiety. Within the last six months he suffered a manic episode for which he received medication and therapy. 14. A review of the patient records by the Board revealed that Dr. Woodard failed to record any objective findings to substantiate his treatment and indiscriminate prescribing practices for Patients O?rder - Dean Harris Woodard, MD. Page 9 of 11 CONCLUSIONS or raw Findings of .Fact Nos. 3-8 constitute violations of Sections (13) and Cede. I ORDER WHEREFORE, based on the foregoing Findings of Fact and Conclusions of Law, it'is hereby ORDERED that the license of Dean. Harris Woodard, M.D., be and hereby is, mmaner SUSPENDED for ?a of nor less than evenness: (24) months Upon entry of this, the license of Dean Harris Woodard, M.D., will be recorded as suspended and no longer current. Pursuant to Section 541-2920 of the Code, upon entry of this Order, Dr. Woodard shall forthwith give notice, by certified mail, of the suspension of his license to practice medicine to all patients to Whom he is currently providing services. A copy of this notice shall be provided to the Board when sent to patients. Dr. Woodard shall cooperate with other practitioners to ensure continuation of treatment in conformity with the Wishes of the patient. Dr. Woodard shall also notify any hospitals or other facilities Where he is currently granted privileges, and any health insurance companies, health insurance administrators or health maintenance organization currently reimbursing him for any of the healing arts. Further, Within five (5) days of entry of this Order, Dr. Woodard shall: 1. Return his current license to the Board office; 2. Surrender his Drug Enforcement Administration certificate and DEA 222 Schedule 11 order forms to the DEA and provide a copy of this surrender- Order - Dean Harris Woodard, MD. Page 10 of 11 notification to the Board; .3 Submit written notification to any and all drug Wholesalers or pharmacies Hit'hathehas. ordered from, or had an account with past years; has surrendered his DEA license and request that the account be closed, a copy of which shall be provided to the Board; and 4. Properly dispose of all Schedule ll?Vl controlled substances, including ?physician?s ?sample's, 'r??mainiagin the practice, as previ'ded, in part, in Section'Sa'J-Sa? of" the Code. Should Dr. Woodard seek reinstatement of his license, he shall be noticed to appear before the Board, in. accordance with the Administrative Process Act. As petitioner, Dr. Woodard has the burden of proving his competency and fitness to practice medicine in the Commonwealth of Virginia in a safe manner. As provided by Rule of the Supreme Court of Virginia, Dr. Woodard has thirty (30) days from the date of service (the date he actually received this decision or the date it was mailed to. him, Whichever occurred ?rst) Within which to appeal this decision by filing a Notice of Appeal with William L. Harp, M.D., Executive Director, Board of Medicine, at 9960 Mayland Drive, Suite 300, Richmond, Virginia, 23233. In the? event that this decision is served by mail, three (3). days are added to that period. Pursuant to Sections 22?4023 and 541-24002 of the Code, the signed original of this Order shall remain in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request. Order - Dean Harris Woodard, MD. Page 11 of 11 FOR THE BOARD ginia oard of Medicine /29 a u! ENTERED: 30 VIRGINIA: BEFORE THE BOARD OF MEDICINE IN RE: DEAN H. WOODARD, M.D. License No.: 0101-041539 CONSENT ORDER On January 15, 2003, an Informal Conference Committee (?Committee?) of the Virginia Board of Medicine (?Board?) met with Dean H. Woodard, M.D., to inquire into allegations that he may have been in violation of certain laws and regulations governing the practice of medicine in the Commonwealth of Virginia, with respect to Patient A. After a thorough review of the evidence and statements presented, the Committee made Findings of Fact and Conclusions of Law, and recommended that the matter be referred to the Board to consider suspension or revocation of Dr. Woodard?s license to practice medicine. Further, by letter dated March 21, 2003, the Board noticed Dr. Woodard for an informal conference to inquire into allegations that he may have violated certain laws governing the practice of medicine in the Commonwealth of Virginia, with respect to Patient and or Patient C. By letter dated May 14, 2003, the Board approved Dr. Woodard?s request to waive the informal conference regarding Patient and Patient C, and proceed directly to a formal administrative hearing. In lieu of proceeding to this formal administrative hearing, regarding matters related to Patients A, and C, the Board and Dr. Woodard, as evidenced by their signatures affixed below, agree to enter into this Consent Order affecting the license of Dr. Woodard to practice medicine in Virginia. FINDINGS OF FACT AND CONCLUSIONS OF LAW The Board adopts the following findings in this matter: Consent Order - Dean H. Woodard, M.D. Page 2 of 2 1. Dr. Woodard was issued license number 0101-041539 by the Board to practice medicine in the Commonwealth of Virginia on September 1, 1987. Said license will expire on December 31, 2004, unless renewed or otherwise restricted. 2. Dr. Woodard violated Sections 54.1-2915.A (4) and (3), as further defined in Sections 54.1-2914.A (8) and (11) of the Code, in that he exploited the vulnerabilities of Patient A, a 21?year? old female who initially presented to him on or about September 9, 2002, in Staunton, Virginia, where she was treated by him for pharyngitis bronchitis. Specifically: I a. During Patient A?s medical visit, Dr. Woodard discussed with Patient A her difficulty in obtaining her General Education Development diploma because of poor mathematics skills. Patient A had taken the test on three (3) previous occasions, without passing. Dr. Woodard offered to tutor Patient A in mathematics, or have his son provide tutoring services. b. Dr. Woodard told Patient A about his wife and children, and disclosed that his wife recently left him. c. Dr. Woodard offered Patient A a job cleaning his house after learning that she was three and one-half (3 1/2) months pregnant, unemployed, without health insurance and lived with friends. d. Before Patient A left Dr. Woodard?s office, Dr. Woodard gave her a slip of paper containing his cellular telephone number, and asked her to call him if she was interested in accepting his offers for tutoring or employment. 3. Dr. Woodard violated Section (3), as further defined in Sections 54.1- 2914.A (8), (11), (13) and (14) of the Code, as defined in 18 VAC 85-20-100 of the Board?s General Consent Order - Dean H. Woodard, MD. Page 3 of 3 Regulations, in that after Patient A telephoned Dr. Woodard?s cellular telephone number on or about the evening of September 9, 2002, to accept his offer, Dr. Woodard picked up Patient A at her home, and proceeded to drive to Charlottesville, Virginia. Upon returning to Staunton, while parked in Dr. Woodard?s automobile, Dr. Woodard engaged in sexual conduct with Patient A, concurrent with and by virtue of the practitioner-patient relationship, which was intended for his sexual arousal and gratification. On or about September 11, 2002, Dr. Woodard sent Patient A a letter apologizing for his "assertive behavior," and enclosing one hundred fifty dollars which he stated Patient A could use to pay his son, or someone else, for tutoring. Also on or about September 11, 2002, an adjustment was made to Patient A?s account at Dr. Woodard?s practice, in that the remaining balance of thirty-nine dollars ($39.00) from Patient A?s office visit on or about September 9, 2002 was deducted as a "General Write-Off.? By Dr. Woodard?s own admission to the Committee on January 15, 2003, much of his conversation and examination of Patient A was ?irtatious, for the purpose of meeting the patient later for a sexual encounter. Dr. Woodard also stated to the Committee on January 15, 2003, that during his physical examination of Patient A, he externally palpated Patient A's lower abdomen. 4. On or about September 16, 2002, Dr. Woodard was arrested on three felony counts in the City of Staunton, Virginia, relating to his conduct with Patient A. Specifically, the warrants charged: a. Violation of Section 18.2-67.2 of the Code: committing an act of [animate] object sexual penetration with a person, not the spouse of the accused, against the complaining witness?s will, by force, threat or intimidation. Consent Order - Dean H. Woodard, Ml). Page 4 of 4 b. Violation of Section 182?361 of the Code: camally knowing by or with the mouth. c. Violation of Section 182-61 of the Code: having sexual intercourse with a person, not the spouse of the accused, against the complaining witness's will, by force, threat or intimidation. 5. Dr. Woodard violated Section 54.1-2915.A (3), as further defined in Sections 54.1- 2914.A (8), (11) and (14), in that by Plea Agreement accepted by the Circuit Court of the City of . Staunton, Virginia, on April 15, 2003, Dr. Woodard agreed to the following dispositions of the three felony counts relating to his conduct with Patient A: a. The animate object penetration was reduced to misdemeanor sexual battery, with a sentence of six (6) months in jail, suspended on the condition of probation for twelve (12) months, under the supervision of Blue Ridge Court Services. Dr. Woodard will obtain counseling to be performed as recommended by the Board, for a period of twelve (12) months. Dr. Woodard will voluntarily surrender his license to practice medicine for six (6) months, to occur and run concurrently with any susPension ordered by the Board. If the Board does not suspend Dr. Woodard?s license for six (6) months, Dr. Woodard will still lose his license for six (6) months, per the Plea Agreement. b. Dr. Woodard waived the right to a speedy trial on the charge of sodomy, and it will be continued for one (1) year. This matter will be dismissed without the necessity of further appearance, if Dr. Woodard successfully Completes his probation period of one (1) year. c. The rape charge was nol-prossed. Consent Order Dean H. Woodard, MD. Page 5 of 5 6. Dr. Woodard violated Terms 2 and 4 of the Board?s Consent Order, entered November 6, 2002, which required that Dr. Woodard submit to a evaluation. Specifically, Dr. Woodard failed to cooperate fully with the evaluator. On or about October 14, 2002, Dr. Woodard did not accurately answer the evaluator?s questions concerning whether Dr. Woodard had any other inappropriate patient contacts. On or about January 10, 2003, Dr. Woodard disclosed to the evaluator that he had prior sexual contacts with two other patients. Dr. Woodard confirmed this information to the Committee on January 15, 2003, and stated that one patient demanded one hundred thousand dollars from him. 7. Dr. Woodard violated Sections 54.1-2915.A (5) and (3), as further defined in Sections 54.1-2914.A (8), (9) and (11) of the Code, in that in his November 27, 2002 report, the evaluator?s Axis II diagnosis of Dr. Woodard was personality disorder, mixed with narcissistic and obsessive compulsive features. Based on this diagnosis, the evaluator concluded Dr. Woodard would benefit from ongoing of at least one hour per week for a minimum of one year. In the evaluator?s January 14, 2003 letter in reSponse to the additional information received on or about January 10, 2003, the evaluator indicated that Dr. Woodard continued to have very limited insight into his behavior and minimized the inappropriate and unacceptable nature of this behavior. During an interview with an Investigator for the Department of Health Professions ("Investigator"), on or about January 28, 2003, the evaluator stated that he deems Dr. Woodard at higher risk for repeated inappropriate actions with patients because Dr. Woodard was not honest during his initial evaluation; Dr. Woodard has shown a pattern of sexual relationships with patients with the revelation that there were two other such sexual relationships prior to the September 2002 situation; and Dr. Woodard has "very limited insight? regarding the inappropriateness of his actions. Consent Order - Dean H. Woodard, M.D. Page 6 of 6 8. Dr. Woodard violated Sections 54.1-2915.A (4) and (3), as further defined in Sections (8), (11), (13) and (14) [?mnerly Sections 54.1-2914.A (10), (13), (15) and of the Code, as defined in 18 VAC 85-20?100 of the Board?s General Regulations, in that in or about 1996, Dr. Woodard engaged in sexual contact with Patient 8, concurrent with and by virtue of the practitioner- patient relationship, which was intended for Dr. Woodard?s sexual arousal and gratification. 9. Dr. Woodard violated Sections 54.1-2915.A (4) and (3), as further defined in Sections (8), (11), (13) and (14) [formerly Sections (10), (13), 15) and of the Code, as defined in 18 VAC 85-20-100 of the Board?s General Regulations, in that in or about July 1996, Dr. Woodard engaged in sexual contact with Patient C, concurrent with and by virtue of the practitioner- patient relationship, which was intended for Dr. Woodard?s sexual arousal and gratification. Specifically, in or about July 1996, while on a "date" with Patient C, Dr. Woodard engaged in sexual contact with Patient and gave her an injection, obtained from his practice, upon Patient C's complaint of a migraine headache. Dr. Woodard did not document this injection in Patient C?s medical record or his practice?s narcotics log until on or about July 25, 1996, approximately two weeks later. CONSENT I, Dean H. Woodard, M.D., by affixing my signature hereto, acknowledge that: 1. I have been advised specifically to seek the advice of counsel prior to signing this document, and am represented by Stephen W. Bricker, Esquire; 2. I am fully aware that without my consent,'no legal action can be taken against me, except pursuant to the Virginia Administrative Process Act, 22-4000 A et seg. of the Code of Virginia; Consent Order - Dean H. Woodard, M.D. Page 7 of 7 3. I have the following rights, among others: a. the right to a formal fact-finding hearing before the Board; b. the right to representation by counsel; and c. the right to cross-examine witnesses against me; 4. I waive all rights to a formal hearing; 5. I admit the truth of the above Findings of Fact; 6. I agree not to petition for reinstatement of my license for fifteen (15) months from entry of this Consent Order. I further agree that any such petition for reinstatement will include comprehensive and evaluations. Such evaluations will state that I am safe to resume the practice of medicine in the Commonwealth of Virginia. I understand that providing comprehensive and evaluations to the Board does not guarantee that my license will be reinstated; 7. I understand that should I be convicted of the felony sodomy charge and or the felony rape charge, the Board may immediately revoke my license to practice medicine in the Commonwealth, without a hearing, in accordance with Section 54.1-2917 of the Code; 8. Further, within five (5) days of entry of this Consent Order, I will: a. return my current license to the Board office; b. update my Virginia Practitioner Profile regarding my primary practice address and any other appropriate section, with the exception of the Virginia Notices and Orders section; c. surrender my Drug Enforcement Administration certificate and DEA 22 Schedule 11 order forms to the DEA and provide a copy of the surrender notification to Consent Order Dean H. Woodard, M.D. Page 8 of 8 the Board; d. submit written notification to any and all drug wholesalers or pharmacies that I have ordered from or had an account with for the past 5 years, that I have surrendered my license and request that my account be closed; and e. properly dispose of all Schedule II-VI controlled substances, including physician?s samples, remaining in my practice; and 9. I consent to the following Order affecting my license to practice medicine in the Commonwealth of Virginia. M13. WHEREFORE, based on the foregoing Findings of Fact and Conclusions of Law, and with the consent of the licensee, it is hereby ORDERED that the license of Dean H. Woodard, M.D., is INDEFINITELY SUSPENDED. Dr. Woodard shall not petition the Board for reinstatement of his medical license for at least fifteen (15) months from entry of this Consent Order. Should Dr. Woodard seek reinstatement of his license, he shall be noticed to appear before the Board, in accordance with the Administrative Process?Act. As petitioner, Dr. Woodard has the burden of proving his competency and fitness to resume the safe practice of medicine in the Commonwealth of Virginia. Pursuant to Section 54.1-2920 of the Code, upon entry of this Consent Order, Dr. Woodard shall forthwith give notice, by certified mail, of the suspension of his license to practice medicine to all patients to whom he is currently providing services. A copy of this notice shall be provided to the Board when sent to patients. Dr. Woodard shall cooperate with other practitioners to ensure continuation of treatment in conformity with the wishes of the patient. Dr. Woodard shall also Consent Order Dean H. Woodard, M.D. Page 9 of 9 notify any hospitals or other facilities where he is currently granted privileges, and any health insurance companies, health insurance administrators or health maintenance organization currently reimbursing him for any of the healing arts. Upon entry of this Consent Order, the license of Dean H. Woodard, M.D., will be recorded as suspended and no longer current. Consistent with the terms of this Consent Order, in the event Dr. Woodard seeks reinstatement of his license, he shall be responsible for any fees that may be required for the reinstatement of his license prior to the issuance of his license to resume practice. Violation of this Consent Order shall constitute grounds for the revocation of the license of Dr. Woodard. In the event Dr. Woodard violates any of the terms and conditions of this Consent Order, a formal administrative hearing shall be convened to determine whether his license shall be revoked. Pursuant to Section 22-4023 of the Code, the signed original of this Consent Order shall remain in the custody of the Department of Health Professions as a public record and shall be made available for public inspection and copying upon request. FOR THE BOARD: William L. Harp, M.D. Executive Director Virginia Board of Medicine ENTERED Consent Order Dean H. Woodard, MD. Page 10 of 10 - SEEN AND AGREED TO: DEAN H. WOODARD, MD. COMMONWEALTH OF VIRGINIA OF Hm TO WIT: Subscribed and swo to before the undersigned Notary Public, in and for the Commonwealth of Virginia, at large, this 2 day of 2003, by Dean H. Woodard, MD. pkg/L, Notary Public (10mm use: a 3 . WW My commission expires: r] A I th)l)a\RD, Donn ll\ me'lanl?il?l IOOiloc Deparnnem? ofHeaZz?h Professions Sandra Whitley Ryais Perimeter Center TEL (804) 367- 4400 Director 9960 Mayiand Drive, Suite 300 FAX (804) 527' 4475 Richmond, Virginia 23233-1463 August 25, 2008 Dean H. Woodard, MD. CERTIFIED MAIL 8013 Towering Oak Way 7160 3901 9845 1844 6035 Manassas, Virginia 20111 RE: License No: 0101041539 Dear Dr. Woodard: This letter is official noti?cation of the decision of the Special Conference Committee ("Cormnittee") of the Virginia Board of Medicine ("Board"), which met on August 22, 2008, in Richmond, Virginia, in order to review your compliance with the Board?s Order entered April 16, 2007. Members of the Board serving on the Committee were: Claudette Dalton, M.D., Chair; Karen Ransone, and General Clara Adams-Ender, RN. After careful review and consideration of the information presented, the Committee decided to WAIVE the remaining 6 hours of continuing medical education required by Term Further, the Committee WAIVED the necessity to conduct additional unannounced inspections as allowed by Term This decision was based on the fact that the unannounced inspections conducted on May 7, 2008 and June 25, 2008 demonstrated that you have continued to fully comply with the terms of your Board Order. Therefore, the Committee determined that the terms and conditions imposed on your license should be TERMINATED effective this date. Based on this decision, the record of the - Board has been updated to re?ect that you have a full and unrestricted license in the Commonwealth of Virginia. Pursuant to ?54.1-2400.2 (F) of the Code of Virginia, a signed copy of this letter shall remain in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request. Board of Audiology Speech - Language Pathology Board of Counseling Board of Dentistry Board of Funerai Directors a Embaimers Board of Long-Term Care Administrators - Board of Medicine Board of Nursing Board of Optometry - Board of Pharmacy Board of Physical Therapy Board of Board of Social Work Board of Veterinary Medicine Board of Health Professions Decision Letter Dean Woodard, MD. August 25, 2008 Page 2 Sincerely, William L. Harp, MD. Executive Director Virginia Board of Medicine cc: Renee S. Dixson, Discipline Case Manager [108245] Iennie Wood, Administrative Assistant Susan Brooks, Of?ce Manager, APD VIRGINIA: BEFORE THEBOARD OF MEDICINE IN RE: DEAN HARRIS WOODARD, M.D. License No.: 0101041539 ORDER In accordance with the provisions of Sections 54.1405, 54.1-110, 22-4020, and 22-4021 of the Code of Virginia (1950), as amended a formal administrative hearing was convened before the Virginia Board of Medicine (?Board?), on October 17, 2014, in Henrico, Virginia, to receive and act upon the Petition for Reinstatement of License to Practice Medicine and Surgery in the Commonwealth of Virginia filed by Dean Harris Woodard, M.D., and in considering such petition, whether grounds exist to deny the reinstatement. These matters are set forth in the Board?s Notice of Hearing and Statement of Particulars dated September 8, 2014. Pursuant to Section of the Code, the hearing was held before a panel of the Board with a member of the Board presiding. Erin L. Barrett, Assistant Attorney General, was present as legal counsel for the Board. The proceedings were recorded by a certified court reporter. The case was prosecuted by Dale Lutke, Adjudication Specialist. Dr. Woodard appeared at the formal administrative hearing and was represented by counsel, Michael L. Goodman, Esquire and Eileen M. Talamante, Esquire. FINDINGS OF FACT Now, having prOperly considered the evidence and testimony presented, the Board makes the following findings by clear and convincing evidence: 1. Dean Harris Woodard, M.D., was issued license number 0101-041539 by the Board to practice medicine and surgery in the Commonwealth of Virginia on September 1, 1987. Order Dean Harris Woodard, MD. Page 2 of 5 By Order of the Board entered April 20, 2011, Dr. Woodard?s license was suSpended. 2. As detailed in various Virginia Board Orders since November 2002, Dr. Woodard?s license has been the subject of several restrictions on his ability to practice medicine in Virginia, including two different occasions (2003 and 2011) on which the Board suspended his license. These actions were the result of his negligent and dangerous care of numerous patients whom he treated for chronic pain, Violations related to sexual boundaries with three female patients (including a criminal conviction for the sexual battery of one of those patients), and dishonesty during a Board-ordered evaluation. 3. I The Board heard testimony from lmran Akram, M.D., Dr. Woodard?s treating In a letter dated March 14, 2013, Dr. Akram reported that Dr. Woodard has ?a chronic history of bipolar disorder and that [his] past behavior, work related allegations and resulting suspension of license is reflective of poor judgment and untreated bipolar disorder.? Dr. Woodard has been treated by this physician since December 2010, who prescribes Depakote, Seroquel, Klonopin, and Zoloft to manage Dr. Woodard?s illness. Dr. Akram testified that, at least once, Dr. Woodard altered his prescriptions on his own and informed Dr. Akram about the alteration later. Dr. Woodard testified that he recognizes he should not have made that alteration. 4. The Board heard testimony from Christopher Carusi, Dr. Woodard?s treating Dr. Carusi testified that he is in communication'with Dr. Akram regarding Dr. Woodard?s care. Although Dr. Woodard?s license to practice was suspended April 20, 2011, he did not engage a treating until February 2013, just a few months before he filed an application for reinstatement of his license to practice medicine. Order - Dean Harris Woodard, MD. Page 3 of 5 Despite documented past violations of sexual boundaries and repeated evidence of ?awed medical judgment, there is no information in Dr. Woodard?s records to show that these problems have been addressed in treatment. Dr. Carusi testified that he believed Dr. Woodard?s previous problems were a result of his undiagnosed mental illness, but Dr. Carusi was unaware of the details of Dr. Woodard?s past violations of sexual boundaries. Dr. Carusi stated to a DHP investigator on August 13, 2013 that he believes Dr. Woodard is safe to return to practice so long as he takes his "medication as prescribed." 5. A previous diagnosis of personality disorder, mixed with narcissistic and obsessive compulsive features was not addressed by Dr. Woodard?s treating or in the records of his treatment/ counseling. Dr. Woodard's treating Dr. Akram, testified that, as a clinical matter, he ruled out personality disorder, narcissistic disorder, and obsessive compulsive disorder when he diagnosed Dr. Woodard with bipolar disorder. However, Dr. Akrarn testified that he had not seen Dr. Woodard?s 2002 Order referring to his diagnosed personality disorder until last week. He testified that he would have likely reviewed Dr. Woodard?s specifically for personality disorder or referred him out for other evaluations had he seen that information prior to diagnosis. 6. Dr. Woodard?s mental health diagnoses require ongoing treatment, medication management, and monitoring. 7. Dr. Woodard has not practiced medicine since approximately April 20, 2011, when his license was suspended by the Board. 8. The Board heard testimony from Frank F. Hyatt, M.D., a family practitioner who had offered to serve as Dr. Woodard?s practice monitor if he were to return to practice. Order - Dean Harris Woodard, Ml). Page 4 of 5 Dr. Hyatt was not aware of Dr. Woodard?s prior history with the Board. Dr. Hyatt was not aware of What the position of a peer monitor would constitute. When Dr. Woodard?s history was summarized for Dr. Hyatt, Dr. Hyatt stated that he was not comfortable acting as a practice monitor. 9. The Board is not satisfied that Dr. Woodard has effectively addressed and mitigated the issues that lead to his extensive and troubling history before the Board. Dr. Woodard suggested a mentoring system for his return to practice, but Dr. Woodard did not present a credible mentor. CONCLUSIONS OF LAW 1. Findings of Fact No. 2?6 constitute violations of Section and (13) of the Code. 2. Finding of Fact No. 7 constitutes a Violation of Section of the Code. ORDER WHEREFORE, based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED that the Petition for Reinstatement of License Practice Medicine of Dean Harris Woodard, MD. is hereby DENIED and that his license is hereby CONTINUED on INDEFINITE SUSPENSION. Should Dr. Woodard seek reinstatement of his license, he shall be noticed to appear before the Board, in accordance with the Administrative Process Act. As petitioner, Dr. Woodard will have the burden of proving his competency and fitness to practice medicine and surgery in the Commonwealth of Virginia in a safe and competent manner. Order - Dean Harris Woodard, M.D. Page 5' of 5 As provided by Rule 2A2 of the Supreme Court of Virginia, Dr. Woodard has thirty (30) days from the date of service (the date he actually received this decision or the date it was mailed to him, whichever occurred first) within which to appeal this decision by filing a Notice of Appeal with William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, Virginia 23233. In the event that this decision is served by mail, three (3) days are added to that period. Pursuant to Sections 22-4023 and 541-24002 of the Code, the signed original of this Order shall remain in the custody of the Department of Health Professions as a public record and shall be made available for public inspection and copying upon request. FOR THE BOARD: Ll, ?12 an} . Harp, MD. Director irginia Board of Medicine ENTERED: {sf/?2 4/5" VIRGINIA: BEFORE THE BOARD OF MEDICINE IN RE: DEAN H. WOODARD, M.D. License No.: 0101?041539 CONSENT ORDER In accordance with Section 54.1-2408.l of the Code of Virginia (1950), as amended the Virginia Board of Medicine ("Board") met on October 4, 2002, to receive and act upon information indicating that Dean H. Woodard, M.D., may have violated certain laws relating to the practice of medicine in the Commonwealth of Virginia. Prior to this meeting, a good faith effort to assemble a quorum of the Board in person was made, but failed. On October 3, 2002, a majority of the Board agreed that the continued practice of medicine by Dr. Woodard may be a substantial danger to the public health and safety warranting a telephone conference call. The meeting was convened by telephone conference call, with ?fteen (15) members of the Board participating and Assistant Attorney General Roscoe Roberts, as counsel for the Board. The matter was presented by James E. Schliessmann, Assistant Attorney General. Dr. Woodard was represented by counsel, Stephen W. Bricker, Esquire, during the telephone conference call. By counsel, Dr. Woodard agreed to enter into this Consent Order, effective October 4, 2002, pending an informal conference to inquire into allegation that he may have violated certain laws governing the practice of medicine in the Commonwealth of Virginia CONSENT I, Dean H. Woodard, M.D., by af?xing my signature hereto, acknowledge that: I. I have been advised speci?cally to seek the advice of counsel prior to signing this document; 2. I am ?illy aware that without my consent, no legal action can be taken against me, except pursuant to the Virginia Administrative Process Act, 22-4000 A et seq. of the Code of Virginia; Consent Order - Dean H. Woodard, M.D. Page 2 OH 3. I have the following rights, among others: a. the right to an informal fact-?nding conference before the Board; b. the right to representation by counsel; and c. the right to cross?examine witnesses against me. 4. I consent to the following Order affecting my license to practice medicine in the common- wealth of Virginia. ORDER WHEREFORE, it is hereby ORDERED that the following conditions shall be instituted as part of Dr. Woodard?s practice of medicine: 1. Effective October 4, 2002, Dr. Woodard shall have a female chaperone present at all times during an examination or treatment of a female patient. Dr. Woodard shall submit the name and identification of the chaperone for approval by the Executive Director of the Board. Dr. Woodard shall provide a copy of this Order to the chaperone. Dr. Woodard?s chaperone shall: a. Attest to her presence by countersigning any notes or physical ?ndings made by Dr. Woodard. b. Provide reports to the Board at the request of the Board. 2. Dr. Woodard shall undergo a comprehensive evaluation with Joel Silverman M.D., and any evaluations requested by Dr. Silverman. Dr. Silverman shall submit a detailed report of ?ndings to the Board. Such report shall be submitted to the Board by November 22, 2002. 3. Dr. Woodard shall sign an authorization providing for unrestricted communication between and among the Board and Dr. Woodard?s current or former treating or evaluating practitioners. Consent Order Dean H. Woodard, MD. Page 3 ON 4. Dr. Woodard shall cooperate with the Virginia Board of Medicine and the Department of 6. Dr. Woodard shall notify the Executive Director of the Board by certi?ed mail of any changes of address within ten (10) days of such occurrence. 7. Dr. Woodard shall notify the Board immediately in writing should he intend to change the location ofhis practice. FOR THE BOARD: William L. Harp, MD. Executive Director Virginia Board of Medicine ENTERED: Consent Order Dean H. Woodard, MD. Page 4 of4 SEEN AND AGREED TO: I rag-a,? 77?zz?mf ,?Li 2,7 Dean H. Woodard, M.D. COMMONWEALTH OF VIRGINIA OF I TO WIT: Subscribed and sworn to before me, the undersigned Notary Public, in and for the Commonwealth of Virginia, at large, this L1 day of [3:4 2002, by Dean H. Woodardcommission expires: ibC' KC PUBLIC MESSAGE The referenced document(s) is currently not available through the Practitioner Information website. Please e- mail us at medbddiscipline@dhp.virginia.gov to request a copy. BE SURE to include your name and mailing address. For more details on the type of documents involved, see the definition of “Notices and/or Statement of Particulars” and “Order” in our Help section. Thank you. PUBLIC MESSAGE The referenced document(s) is currently not available through the Practitioner Information website. Please e- mail us at medbddiscipline@dhp.virginia.gov to request a copy. BE SURE to include your name and mailing address. For more details on the type of documents involved, see the definition of “Notices and/or Statement of Particulars” and “Order” in our Help section. Thank you.