TRUE AND EXACT COpy OF ORIGINAL BEFORE THE MINNESOTA BOARD OF MEDICAL PRACTICE In the Matter of the Medical License of Joseph Baumstarck, M.D. Date of Birth: 11122/1958 License No.: 35,249 STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED, by and between Joseph Baumstarck, M.D. ("Respondent"), and the Complaint Review Committee ("Committee") of the Minnesota Board of Medical Practice ("Board") as follows: 1. During all times herein, Respondent has been and now is subject to the jurisdiction of the Board from which he holds a license to practice medicine and surgery in the State of Minnesota. 2. Respondent has been advised by Board representatives that he may choose to be represented by legal counsel in this matter. Although aware of this opportunity, Respondent has elected not to be represented by counsel. The Committee was represented by Kermit"N. Fruechte, Assistant Attorney General, 1400 Bremer Tower, 445 Minnesota Street, St. Paul, Minnesota 55101, telephone (651) 296-7575. FACTS 3. For the purpose of this Stipulation, the Board may consider the following facts as true: a. Respondent was licensed by the Board to practice medicine and surgery in the State of Minnesota on May 2, 1992. Respondent was also licensed in the states of Montana (License No. 8378), North Dakota (License No. 6183),I and Wyoming (License No. 5460A). • . . ';; b. On November 20, 2008, the Wyoming Board of Medicine ("Wyoming Board") issued an Order Accepting Relinquishment of License, after Respondent submitted a written petition requesting relinquishment of his medical license in lieu of proceeding· to a contested case hearing before the Wyoming Board. In June 2008, the Wyoming Board had initiated disciplinary proceedings to address allegations that Respondent advertised his practice of medicine in a misleading, false, or deceptive manner; failed to maintain legible and complete written medical records; repeatedly prescribed, administered, sold, or supplied medications classified as narcotics to a known drug abuser; engaged in sexual misconduct with a patient; practiced medicine below the applicable standard of care; and was convicted of, or pleaded guilty to, a felony or any crime classified as a felony under Wyoming law. A copy of the Order Accepting Relinquishment of License, and supporting documentation, is incorporated by reference herein and is attached hereto as Exhibit A. c. On March 27, 2009, the Montana Board of Medical Examiners ("Montana Board") issued a Final Order that suspended Respondent's license to practice medicine in Montana for one year. Under the terms of the Final Order, Respondent was eligible to petition for reinstatement of his license, following successful completion of his suspension, subject to any conditions, restrictions, or additional requirements at the discretion of the Montana Board. The Final Order was based upon a Stipulation for Final Order, executed by Respondent on February 10, 2009, which acknowledged the suspension of Respondent's Drug Enforcement Administration (DEA) certificate on May 19, 2008, for failure to appropriately prescribe controlled substances; relinquishment of Respondent's medical license to the Wyoming Board on November 20, 2008; and Respondent's felony conviction in federal court, on December 31, 2 2008, for unlawful distribution of hydro cod one. A copy of the Final Order, and Stipulation for Final Order, is incorporated by reference herein and is attached hereto as Exhibit B. d. On or about May 19, 2009, the United States Department of Health & Human Services, Washington, D.C., excluded Respondent from participation in the Medicare, Medicaid, and all other Federal health care programs defined in section 1128B(f) of the Social Security Act, in any capacity, based upon Respondent's conviction of a criminal offense related to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance as defined under Federai or State law. e. On July 8, 2009, the Complaint Review Committee reviewed the matter and concluded that Respondent had been subject to disciplinary action taken against his medical license in other states and jurisdictions. f. On June 14,2010, Respondent met with the Complaint Review Committee and discussed the disciplinary action taken against his medical license by other states and jurisdictions and his future practice plans. The Committee requested that Respondent undergo a clinical skills assessment to evaluate his current practice skills, due to his absence from medical practice since 2008. g. On September 2-3 and October 15,2010, Respondent completed a clinical skills assessment designed to evaluate his inpatient and outpatient general medicine knowledge and skills. The skills assessment revealed that Respondent demonstrated global deficiencies in his medical knowledge. Respondent also showed a need for improved clinical judgment and reasoning skills. The skills assessment concluded that Respondent failed to demonstrate the ability to return to independent practice without remediation of his clinical skills and 3 recommended, due to the extent of the deficiencies identified, that Respondent retrain in a residency or residency-like setting. h. On January 10, 2011, the Complaint Review Committee reviewed the matter and, based upon the results and recommendations of the clinical skills assessment, the ~. Committee and Respondent agreed to the following: STATUTES 4. The Committee views Respondent's practices as inappropriate in such a way as to require Board action under Minn. Stat. § 147.091, subd. led) and (k) (2008), and Respondent agrees that the conduct cited above constitutes a basis in law to justify the disciplinary action under these statutes. REMEDY 5. Upon this Stipulation and all of the files, records, and proceedings herein, and without any further notice or hearing herein, Respondent does hereby consent that until further Order of the Board, made after notice and hearing upon application by Respondent or upon the Board's own motion, the Board may make and enter an Order conditioning and restricting Respondent's license to practice medicine and surgery in the State of Minnesota as follows: a. Respondent is REPRIMANDED. b. Respondent shall practice medicine only under the auspices~of a residency program accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association. Respondent's residency program shall be approved in advance by the Complaint Review Committee or its designee. Upon approval of this Stipulation and Order, Respondent shall not practice medicine in any manner outside of a pre-approved residency or residency-like training program. 4 c. Respondent shall arrange for his residency supervisor(s) to make quarterly reports to the Board regarding Respondent's overall performance and progress in the residency training program, and shall note any specific questions or concerns and the nature of those concerns. Respondent is responsible for ensuring timely submission of all required reports. d. Respondent shall meet on a quarterly basis with a designated Board member. Such meetings shall take place at a time mutually convenient to Respondent and the designated Board member. It shall be Respondent's obligation to contact the designated Board member to arrange each of the quarterly meetings. The purpose of such meetings is to review Respondent's progress under the terms of this Stipulation and Order. e. Respondent may petition for reinstatement of a conditional license upon satisfactory completion of his residency program. Upon hearing the petition, the Committee may continue, modify, or recommend that the Board impose conditions or restrictions as deemed appropriate to protect the public. 6. Within ten days of signing the Stipulation to this Order, Respondent shall provide the Board with a list of all hospitals and skilled nursing facilities at which Respondent currently has medical privileges, a list of all states or countries in which Respondent is licensed or has applied for licensure, and the addresses and telephone numbers of Respondent's residences and all work sites. Within seven days of any change, Respondent shall provide the Board with the new address and telephone information. The information shall be sent to Robert A. Leach, Minnesota Board of Medical Practice, University Park Plaza, 2829 University Avenue S.E., Suite 500, Minneapolis, Minnesota 55414-3246. 7. In the event Respondent resides or practices outside the State of Minnesota, Respondent shall promptly notify the Board in writing of the location of his residence and all 5 work sites. Periods of residency or practice outside of Minnesota will not be credited toward any period of Respondent's suspended, limited, or conditioned license in Minnesota unless Respondent demonstrates that practice in another state conforms completely with Respondent's Minnesota license to practice medicine. 8. If Respondent shall fail, neglect, or refuse to fully comply with each of the terms, provisions, and conditions herein, including timely submission of required reports, the Committee shall schedule a hearing before the Board. The Committee shall mail Respondent a notice of the violation alleged by the Committee and of the time and place of the hearing. Respondent shall submit a response to the allegations at least three days prior to the hearing. If Respondent does not submit a timely response to the Board, the allegations may be deemed admitted. At the hearing before the Board, the Committee and Respondent may submit affidavits made on personal knowledge and argument based on the record in support of their positions. The evidentiary record before the Board shall be limited to such affidavits and this Stipulation and Order. Respondent waives a hearing before an administrative law judge and waives discovery, cross-examination of adverse witnesses, and other procedures governing administrative hearings or civil trials. At the hearing, the Board will determine whether to impose additional disciplinary action, including additional conditions or limitations on Respondent's practice, or suspension or revocation of Respondent' s license. 9. Respondent waives any further hearings on this matter before the Board to which Respondent may be entitled by Minnesota or United States constitutions, statutes, or rules and agrees that the Order to be entered pursuant to the StipUlation shall be the final Order herein. 6 · , " 10. Respondent hereby acknowledges that he has read and understands this Stipulation and has voluntarily entered into the Stipulation without threat or promise by the Board or any of its members, employees, or agents. This Stipulation contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Stipulation. Dated: ~~Lf- J..O q .,-/ { :<\.UMSTARCK, M.D. Respondent ORDER Upon consideration of this Stipulation and all the files, records, and proceedings herein, te~ IT IS HEREBY ORDERED that the implemented by the Board this 14r1. day of ". By: AG: #2771029·vl 7 of this Stipulation are adopted and 7 IY{ ,2011. AFFIDAVIT OF SERVICE BY U.S. MAIL Re: In the Matter of the Medical License of Joseph Baumstarck, M.D. License No: 35,249 STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) KATHLEEN DAVIS, being first duly sworn, deposes and says: That at t~e City of St. Paul, County of Ramsey and State of Minnesota, on May 16, 2011, s/he caused to be served the STIPULATION AND ORDER, by depositing the same in the United States mail at said city and state, true and correct copy(ies) thereof, properly enveloped with prepaid first class postage, and addressed to: PERSONAL AND CONFIDENTIAL Joseph Baumstarck, M.D. 9504 Loft Lane Louisville, KY 40291 Subscribed and sworn to before me on May 16, 2011. DEBORAH A. BASTYR NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31.2015 AG: #2813251-vl ,"",\1\/',,\1\'\/\/\/\;'\1'\(\, .......··.'''~NVV\A/. Michael L.Fanning DEPARTMENT OF LABOR & INDUSTRY Office ofLegal Services . 301 South Park Avenue, P.O. Box200513 Helena., Mf 59620-0513 Phone: (406)841-2054 BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA IN TIlE MATTER OF THE DISCIPLINARY TREATMENT OF THE LICENSE OF Docket No. CC-08-0670-MED Complaint No. Jr.~ M.D., Joseph Baumstarck, License No. 8378. 2008-153~MED NOTICE OF SUMMARY SUSPENSION, NOTICE OF PROPOSED BOARD ACTION AND OPPORTUNITY FOR HEARING TO: Joseph Baumstarck, Jr., M.D. 342 E. Main Lovell, WY 82431 . PLEASE TAKE NOTICE THAT: The Screening Panel ofthe Board ofMedicai Examiners ofthe State of Montana (Screening Panel)on June 20,2008,considered the complaint against you in case number Complaint No. 2008-153-MED. At that meeting, the Screening Panel voted that the disciplinary actions indicate violatioIis ofTitle 37,Chapter 1.and Chapter 3 of Montana Code Annotated and Administrative Rules ofMontana Title 24, Chapter 156,Sub.;Chapter 6. Not ce of Summary Suspension, Notice ofProposed Board Action and Opportunity for Hearing In re Joseph Baumstarck, Jr., M.D., Docket No. Docket No. CC-08-0670-MED ~ 1 J:1l~ ~~,.,~1 i.fAt>,:l;-,1\.. . .t I (, ""-~ ’. l" The Screening Panel met to review all docwnentation regarding the above disciplinary action and found reasonable cause to believe that you have violated a statUte or rule justifying disciplinary sanctions to be imposed against your Montana license. The "Board ofMedical Examiners (Board)has such authority pursuant to Montana Code Annotated ~~37-1-307 and 37- 1-316 and ARM 24.156.625. The Screening Panel has reason to believe that you committed the following violations of the Montana Code Annotated and the Montana Administrative Regulations each.of which " amounts to unprofessional conduct: Denial, suspension, revocation, probation, fine, or other license restriction or discipline against a licensee by a state, province, territory, or Ilidiantribal government or the federal government if the action is not on appeal, under judicial review, or has been satisfied in violation of ~37-1-316(7) Mont. Code Ann.; Conduct that does not meet the generally accepted standards ofpractice in violation of Code Ann.; ~37-1-316(18)Mont. . Engaging in conduct likely to deceive. defraud or hann the public in violation of ARM 24.156.625(1)(c); Having been subject to disciplinary action ofanother state or jurisdiction against a license or other authorization to praCtice medicine. based upon acts or conduct by the licensee similar to acts or conduct that would constitutegroW1ds for disciplinary action under Title 37. chapter 3 or these rules; a certified copy ofthe record ofthe action taken by the other state orjurisdiction is evidence of unprofessional conduct in violation of ARM 24.156.625(t)(g); . Failing to report to the board any adverse judgment, settlement or award"arising from a medical liability claim or other professional conduct in violation of ARM ur 24.156.625(1)(1) Administering, dispensing, prescribing or ordering a controlled substance, as defined by the federal food and drug administration or successors, otherwise than in the course of legitimate or reputable professional practice in violation of ARM 24.156.625(1)(P); Committing an enwnerated or not, that in fact constitutes act, whether specificallyARM 24.156.625(1)(v); and/or unprofessiQnal conduct in violation of Notice ofSummary Suspension,Notice ofProposed Board Action and Opportunity for Hearing Tn re Joseph Baumstarck, Jr., M.D., Docket No, Docket No. CC-08-067o-MED 2 I I i Having voluntarily relinquished or surrendered a license or privileges or having withdrawn an application for licensure or privileges, while under investigation or prior to the granting or denial ofan application in this state, or in another state or jurisdiction, ARM 24.156.625(1)(ab); Additionally, Respondent has been indicted in federal court in the District ofWyommg on charges ofunlawfully distributing hydrocodone (countsone through four)and oxycodone ~ (counts five and six) in violation of21 V.S.C. 9841(a)(1)and (bXI)(D),and 21 V.S.C. 841(a)(1)and (b)(1 Xc), respectively, conviction of which would amount to unprofessional conduct under the following statute and regulations. In the event Respondent is convicted on any one ofthose charges, the following Wlprofessional conduct is altemativelyand contingently alleged here. Being convicted,including being convicted fo1lowing a plea ofnolo contendere, ofa crime relating to or committed during the course ofthe person’s practice or involving violence, use or sale of drugs, fraud,deceit, or theft, whether or riot an appeal is pending in violation of ~37-1-316(1)Mont. Code Ann; . Being convicted, including a conviction following.a plea of nolo contendere, of an offense involving moral turpitude, whether misdemeanor or felony, and whether or not an appeal is pending in violation of ARM 24.156.625(1)(a); and/or Conviction or violation of a federal or state law regulating the possession, distribution or use of a controlled substance,as defined by the federal food and drug administration or successors,whether or not an appeal is pending in violation of ARM 24.1 56.625(1)(q). THEREFORE,pursuant to Montana Code Annotated 137-1-307,the Board proposes to impose against you one or more of the sanctions authorized under Montana Code Annotated ADD 137-1-312. LLY. YOU SUSPENDED PEMllNG RESOLUT.ION OF TIUS.MATTE&. Notice of Summary Suspension,Norice ofProposed Board Action and Opportunity for Hearing Tn re Josepb Baumstarck, Jr., M.D., Docket No. D ket No. CC-08-0670-MED 3 REASONS FOR ACTION There is reasonable cause to believe thatthe following assertions will be proven and will justify the imposition of sanctions against your license. FACTUAL ASSERTIONS Dr. Baumstarck (Respondent)is licensed by the Montana Board ofMedical 1. Examiners to pmctice as a medical doctor. holding Montana License nurtlber 8378. On or about May 29, 2008,Respondent contacted the Mont~a Board of Medical 2. Examiners compliance officer and self-reported that the federal Drug Enforcement Agency (DEA)seized his DEA prescription registration. By electronic disciplinary alert dated June 10,2008,the Board ofMedical 3. Examiners learned ofthe Wyoming Board of Medicine.’s disciplinary action against Respondent which was effective June 9. 2008. 4. . Following up on that disciplinary alert, Board staffreceived on June 11.2008, / / records from the Wyoming Board ofMedicine. Those records included the Wyoming Board’s Order of Summary Suspension ofthe MedicalLicense ofJoseph Baumstarck, Jr., M.D.,together \Vith supporting exhibits A,B and C. The Wyoming order with attachments are appended here as Exhibit 1 and incorporated by reference as iffully set forth here. 5. By Summary Suspension dated June 6,2008,(andfiled June 9.2008)the Wyoming Board found that Respondent had been indicted in federal court on May 19~ 2008,on six counts of unlawfuJly distributing controlled substances. That indictment resulted in Respondent’s arrest. Respondent was released on bail which included terms prohibiting Respondent from prescribing controlled substances or seeing patients without direct oversight by Notice ofSummary’Suspension, Notice ofProposed Board Action ’and Opportunity for Hearing In re Joseph Jr., M.D.,I)oket No. Docket ND. Baumstarck. CC-08-067o..MED 4 j another licensed physician. 6. The Wyoming Board of Medical Examiners also found that the DEA had entered an Orderto Show C use and Immediate Suspension ofRegistration of Respondent’s DEA certificate ofregistration based on the DEA’s finding that Respondent’s "continued registration constitutes and imminent danger to the public health and safety." That DEA’s immediate suspension order.was based on its finding that "You have repeatedly failed to establish a legitimate patient-physician relationship as required by State and Federal law and have authorized (and contnueto authorize) controlled substance prescriptions without a legitimate medical purpose and outside the usual course ofprofessional practice." in violation offederal and state law. Specifically on eight occasions in January and February 2008, Respondent prescribed controlled substances to individuals who described themselves and "controlled substance addicts" and prescribed detoxification treatment in violation offederal law. 7. The Wyoming Board found th8.t North Big Horn Hospitalin Lovell, Wyoming, summarily suspended Dr.Baumstarck’s clinical privileges. Lovell, Wyoming, is less that 25 miles from the Montana border. 8. The Wyoniing Board found that the Wy mingBoard of Phannacy reported that Respondent "on multiple occasions, prescribed Suboxone without the required DEA ,endorsement." 9. . The w oming Board also considered evidence that RespOndent intended to seeka modification ofhis bond to allow him to practice without another physician’s direct supervision. to. For all ofthese reasons,the Wyoming Board ofMedicine found that Respondent’s actions "constitute an immediate threat to the public health, safety.or welfare ofthe people ofthe Notice of Summary SUspm5lon,Notice of Proposed Board.ActIon and Opportunity for Hearing In re Joseph Baumstardc, Jr., M.D., Docket No. .Docket No. , CC-oS-0670.MED 5 " State of Wyoming such that emergency action.. . . shouJd be applied to his medical license. Based on the findings expressed above, the Wyoming Board concluded,as a 11. matter oflaw,that summary suspension ofDr. Baumstarck’s medical license was called for because "public health, safety or welfare ilnperatively requires emergency action." Consequently, the Wyoming.Board of Medicne entered its order suspending Dr. Baumstarck’s , medical license "pending proceedings for ’revocation or other action" against his license. 12. . The facts found by the Wyoming Board of Medicme, and apply to Respondent’s. fitness to practice in Montana arid Respondent’s acts likewise endanger the health, safety and welfare of Montana patients. 13. Due to the nature and circwnstances of the factual assertions set forth above,the Screening Panel ofthe Montana Board of Medical Examiners made a finding that public health, safety, or welfare imperati,vely required emergency action and that summary suspension of Respondent’s license be ordered pending these proceedings. 14. Accordingly,.the Screening Panel ofthe Board of Medical Examiners directed that this fonnal Notice ofSummary Suspension, Notice ofProposed Board Action and OpptJrtunitj for Hearing be served upon Joseph Baumst:arck, Jr., M.D., pursuant to Mont. Code Ann. ~37-1- 309. /I II ASSERTIONS OF LAW The following is unprofessional conduct for a licensee or license applicant: Denial, suspension, revocation, probation, fine, or other license restriction or discipline Notice of Summary Stispnsion, Notice of Proposed Board Action and Opportunity for Hearing In re Josepb Baumstarck, Jr., M;D.,Docket No. Docket No. CC-OS-Q670-MED 6 . against a licensee by a state. province, territor)\ or Indian tribal government or the federal government if the action is not on appeal, under judicial review, or has been satisfied in violation of ~37-1-316(7) Mont. Code Ann.; Conduct that does not meet the generally accepted standards ofpractice in violation of Mont. Code Ann.; ~37-1-316(18) Engaging in conduct likely todeceive.. defraud or hann the public in violation of ARM 24.156.625(1)(c); Having been subject to disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine. based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary action under Title 37, chapter 3 or these rules; a certified copy ofthe record ofthe action taken by the other state or jurisdiction is evidence ofunprofessional coriduct in violation of ARM 24.156.625(1)(g); Failing to report to the board any adverse judgment,settlement or award arising from a medic.alliability claim or other unprofessional conduct in violation of ARM 24.156.625(1)(1) Administering, dispensing, prescribing or ordering a controlled substance, as defined by the federal food and drug administration or successors; otherwise than in the course of legitimate or reputable professional practice in violation of ARM 24.156.625(1)(P); Committing an act. whether specificaJly enumerated or not, that in fact constitutes unprofessional conduct in violation of ARM 24.156.625(1)(v); and/or Having voluntarily relinquished or surrendered a license or privileges or having withdrawn an application for licensure or privileges, while under investigation or prior to the granting or denial ofan application in this state, or in another state or jwisdiction, ARM 24.156.625(l)(ab); Additionally, Respondent has been indicted in federal court in the District of Wyoming on charges ofunlawfully distributing hydrocodone (countsone through four)and oxycodone (counts five arid six)in violation of21 V.S.C. ~841(a)(1)and (b)(1)(D),and 21 V.S.C. ~841(a)(1) and (b}(l}(C),respectively, conviction ofwhich woUld amount to unprofessional conduct under the following statute and regulations. In the event RespQndent is convicted on any one ofthose charges. the following unprofessional conduct is alternatively and contingently Notice of Summary Suspension, NotiCe ofProposed Board Action and Opportunity for Hearing In Joseph Baumstarck, Jr., M.D.,Docket No. Docket No. CC-08.0670-MED i’e 7 aJleged here. ~ Being convicted, including being convicted following a plea ofnolo contendere, ofa crime relating to or committed during the course ofthe person’s practice or involving violence, use or sale of drugs, fraud, deceit, or theft, whether or not an appeal is pending in violation of 3 7 -1-316(I)Mont. Code Ann; Being conVicted. including a conviction following a plea ofnolo contendere, ofan . offense involVing moral turpitude, whether misdemeanor or felony,and whether or hot an appeal is pending in violation of ARM 24.156.625(lXa); and/or ConvictiQD or violation of a federal or state law regulating the possession, distribution or use ofa controlled substance, as defmed by the federal food and drug administration or succ~ssors, whether or not an appeal is pending in violation of ARM 24.156.625(1){q). As a result ofthe above information and an investigation into the allegations, the Board’s Screening Panel heard the above matter, detennined that there is reasonable cause to believe that you have violated a statute or rule justifying disciplinary sanctions to be imposed against your Montana license and so moved to serve you this formal Notice ofSummary Suspension, Notice ofProposedBoard Action and Opportunityfor Hearing. ~ SUMMARY SUSPENSION ORDER Pursuant to Mont. Code Ann. 2-4-631(3), the Screening Panel ofthe Board, based on its reasonable cause fmding on the allegations above, hereby determines that the public health, safety and welfare requires immediate action in this matter, and: IT IS THEREFORE ORDERED that the medical license of Joseph Baumstarck,Jr., M.D. to practice in the state of Montana be immediately and summarily suspended for an indefinite period of time pending further investigative and disciplinary proeeedings. Pursuant to Mont. Code Ann.fi3’’’:1-312 (4),any and aU documentation of licensure must be returned to the Board of Medical Examiners in penon or by mail to the Board withi. 24 Notice of Summary SuspensIon.Notice ofProposed Board Action and Opportunity for Hcaring In re Joseph Baumstarck, Jr., M.D., Docket No. Docket No. CC-08-067Q-MED 8 hours of receiving this suspension notice. Documents may be mailed to the Board at the following address: Montana Deparbnent ofLabor and Industry Board ofMedica] Examiners 301 South Park Avenue POBox 200513 Helena MT 59620-0513 UNIFORM PROFESSIONAL LICENSING AND REGULATION PROCEDURE You are advised that the law provides: - MCA 37-1-309. Notice request for hearine. (1)If a reasonable cause detennination is made pursuant to 37-1-307 that a violation of this part has occll1Ted, a notice must be prepared by department legal staff and served on the aHeged violator. The notice may be served by certified mail to the current address.on file with the board or by other means authorized by the Montana Rules ofCivil Procedure. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board’s screening panel, if one has been established, has made a written determination.that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated. (2) A licensee or license applicant shall give the board the licensee’s or applicant’s current address and any change ofaddress within 30 days ofthe change. (3) The notice must state that the licensee or license applicant may request a hearing to contest the charge:or charges. A request for a hearing must be in writing and received in the offices of the department within 20 days after the licensee’s receipt of the notice. Failure to request a hearing constitutes a def u1t on the charge or charges, and the board may enter a decision on the basis ofthe facts available to it. MCA 37-1-312. Sanctions -- stay -costs --stipulations. a decision that a licensee or license applicant has violated this part or is unable . (1)Upon ~e to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation ofthe parties as provided in subsection (3), board may issue an order providing for one or any combination ofthe following sanctions: (a) revocation ofthe license; (b) suspension ofthe license for a fixed or indefinite term; (c) restriction or limitation ofthe practice; (d) satisfactory completion ofa specific program of remedial education or treatment; (e) monitoring ofthe practice by a supervisor approved by the disciplining authority; (f) censure or reprimand, either public or private; conditions ofprobation for a designated period of time; (g) compliance (h) payment ofa fine not to exceed $1,000 for each violation. Fines must be deposited in the.state general fund. . m.th Notice of Summary Suspension, Notice ofProposed Board Action and Opportunity fur Hearing In re Joseph Baumstarck, Jr., M.D., Docket No. Dm:ket No. CC-08.067Q-MED 9 (i) denial ofa license application; G) refund of costs and fees billed to and collected from a consumer. (2) A sanction may be totally or partly stayed by the board. To determine which sanctions are appropriate,the board shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the board consider and include in the order any requirements designed to rehabilitate the licensee or license applicant. (3) The licenSee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more ofthe sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603. (4) A licensee shall surrender a suspended or revoked license to the board within 24 hourS after receiving notification ofthe suspension or revocation by mailing it or delivering it. . personally to the board. . . MCA 2-4-631(3). Licenses. Whenever notice is required, no revocation, suspension, annulment, withdrawal, or amendment of any license is lawful.unless the agency gave notice by mail to the licensee offacts or conduct which warrant the intended action. Ifthe agency finds that public health, safety, or welfare imperatively emergency action and incorporates a fmding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly institted and detennined. requj.res STATEMENT OF.RlGHTS. You are entitled to a hearing, promptly instituted and determined, as provided for by the (~ Montana Administrative Procedure Act 2-4-601, MCA,and following, including MCA)and by~37-1-121(1), 2-4-631, MCA. You have aright to be represented by an attorney at such hearing and during related proceedings. If you desire to have a hearing and to resist the proposed action taken under the jurisdiction ofthe Board, you must so advise Maggie COlUlor Bureau Chief, Health Care Licensing Division, Department of Labor and Industry, 301 South Park,P.O. Box 200513, Helena, Montana 59620-0513,in writing within twenty (20)days ofyour receipt of this notice. POSSmILITY OF DEFAULT . Notice ofSurnmarySuspension,Notice ofProposed Board Action and OpportunitY for Hearing In re Joseph Baurnstarclc. Jr., M.D.. Docket No.. Docket No. CC-08-067o.MED 10 Failure to give notice or to advise the Board of your request for a hearing the time speci?ed will result in the entry of a default order pursuant to 374-309, MCA, and the Board may enter a decision on the basis of the facts available to it without additional prior notice to you. DATEI) this day efJune,2003. ur . 1 Screening Panel Montana Board of Medical Examiners CERTIFICATE OF SERVICE I This is to certify the true and correct copy of the foregoing Notice ofSummaij} 7 Suspension Notice of Proposed and Hearing and Opportunity for Hearing was sent certi?ed instill-i i postage-orchaid, on - to the following: Joseph Baumstarck, MD. Strong Tree Emergency 342 E. Main . . Lovell, WY 82431 Notice of Sammie-y Suspension, Notice of Proposed Board Action and Opportunity for Hearing 1 in re Joseph Baumstarck, mo, Docket No. Docket No. ccos-oetemo - CERTIFICATE OF SERVICE This is to certifj,r that a true and correct copy of the foregoing Notice Suspension, Notice omeposed Board Hearing and Oppomnizyfor Hearing was sent certified mail 70071970 00:3 505% Ll postage prepaid, on SI (:28 to the following: Joseph Baumstarck, Jr., MD. Strong Tree Emergency 342 Main Lovell, 82431 and by certified mail ?30 C3530 {355$ If; postage prepaid, i on 1, g} to the following: Joseph Baumstarck, J12, MD, 931 Lane 10 Lovell, WY 82431 Notice of Summary Suspension, Notice of Proposed Board Action and Opportunity for Hearing In re Joseph Banmstarck, Jr., MEL, Docket No. Docket No. 12 1 2 L. Michael Fanning Special Assistant Attorney General 4 Office of Legal Services 301 South Park Avenue P.O. Box 200513 Helena, MT 59620-0513 5 Phone: (406)841-2054 3 PO::._,/:) 1._,,/./ DEPARTMENT OF LABOR & INDUSTRY ~ .’~ 6 7 BEFORE THE BOARD OF l\1EDICAL EXAMINERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 8 9 10 IN THE MAITER OF THE DISCIPLINARY TREATMENT OF THE LICENSE OF 11 12 Joseph Baumstarck,Jr., M.D., 13 License No. 8378. Docket No. CC-08-0670-:MED Complaint No. 2008-153-l\1ED STIPULATION FOR FINAL ORDER 14 15 16 17 18 The Department of Labor and Industry of the State of Montana (Department),through 19 legal counsel, and Joseph Baumstarck, Jr., M.D.,pro se, stipulate and agree as follows: 20 21 22 1. STIPULATION Montana Licensure. Dr. Baumstarck is licensed by the State of Montana Board 23 of Medical Examiners, holding Montana license number 8378. 24 2. Board’s Duty. The Montana Board of Medical Examiners has a statutory 25 obligation to protect the publichealth, welfare and safety under Mont. Code Ann. g37-8-101. 26 3. Jurisdiction and Waiver of Contested Case Hearing Rights. Licensee admits 27 28 STll’ULATION FOR FINAL ORDER 1 1 the jurisdiction of the Board of Medical Examiners over the subject matter of this proceeding. 2 Licensee initially exercised his right to an administrative contested case hearing, but agreed to a 3 4 mutual motion to continue that hearing in light of the parties’ anticipated stipulation. Licensee desires to avoid unnecessary expenditure of time and other valuable resources in resolving the 5 issues in this action. Therefore, Licensee now specfically and affirmatively waives a contested 6 case hearing and all rights to appeal under the Montana Administrative Procedure Act, and elects 7 to resolve this matter on the terms and conditions set forth in this stipulation. 8 4. Voluntary Action. Licensee acknowledges that Licensee has read and 9 understands each term of this stipulation and the Notice of Proposed Board Action issued in this 10 matter. Licen&ee acknowledges that Licensee enters into this stipulation voluntarily, and without 11 reservation. Licensee acknowledges that no promise, other than those contained in this 12 stipulation, and no threat has been made by the Department or by any member, officer, agent or 13 representative of the Department to induce Licensee to enter into this stipulation. 14 15 16 17 18 19 20 21 22 23 24 25 5. Department’s Contentions and Respondent’s Admissions. The Department’s contentions and allegations of violations are digested below. Dr. Baumstarck contacted the Montana Board of Medical a. Examiners compliance officer, on or about May 29, 2008, and self-reported that the federal Drug Enforcement Administration (DEA)had seized his DEA prescription registration. The DEA’s May 19, 2008, immediate suspension order was based on its finding that: "2. You have repeatedly failed to establish a legitimate patient-physician relationship as required by State and Federal law and have authorized (and continue to authorize)controlled substance prescriptions without a legitimate medical purpose and outside the usual course of professional practice. in violation of 21 D.S.C. 841(a)(1), 21 C.F.R. 91306.04(a) & (c),and Wyo Stat.. 33-26-402(a) (2007). * * *" ~ ~ 26 27 28 In support of this allegation, the DEA found,among other things, STIPULATION FOR FINAL ORDER 2 1 2 3 4 5 6 7 8 9 Dr. that Baumstarck failed "to obtain an adequate patient history or to perform an adequate physical examination of [his]patients" and on eight occasions in January and February 2008, Baumstarck prescribed controlled substances to individuals who described themselves as controlled substance addicts and prescribed detoxification treatment in violation of federal law. Dr. Board staff received on June 11,2008,records from the Wyoming Board of Medicine. Those records included the Wyoming Board’s Order of Summary Suspension of the Medical License of Joseph Baumstarck, Jr., M.D., together with supporting exhibits. Later, Baumstarck relinquished his Wyoming medicallcense in lieu of an administrative contested case hearing. b. Dr. 10 11 12 13 14 15 16 17 C. Dr. Baumstarck was indicted in federal court on May 19,2008,on six counts of unlawfully distributing controlled substances. That indictment was later superseded to add additional counts. On October 21,2008, in the United States District Court for the District of Wyoming,Dr. Baumstarck, entered a guilty plea to one count of violating 21 D.S.C. ~841(a)(1), distribution of hydrocodone oUIside the scope o professional practice, a felony. On December 31,2008,Dr. Baumstarck was convicted of unlawful distribution of hydrocodone in violation of 21 D.S.C. ~841(a)(I), and (b)(1)(D),and was sentenced to three years’ probation. 18 The foregoing facts give rise to the following statutory and rule violations justifying disciplinary 19 action against Dr. Baumstarck’s Montana license to practice medicine. 20 Being convicted, induding being convicted following a plea of nolo contendere, 21 of a crime relating to or committed during the course of the person’s practice or 22 involving violence, use or sale of drugs, fraud, deceit, or theft, whether or not an 23 appeal is pending in violation of ~37-1-316(1) Code Ann; Mont. 24 25 26 Denial, suspension, revocation, probation, fine, or other license restriction or discipline against a licensee by a state, province, territory, or Indian tribal government or the federal government if the action is not on appeal, under judicial 27 28 STIPULATION FOR F1NAL ORDER 3 1 review, or has been satisfied in violation of ~37-1’:’316(7) Mont. Code Ann.; 2 3 Conduct that does not meet the generally accepted standards of practice in violation of ~37-1-316(18) Code Ann.; Mont. 4 5 6 7 8 9 10 11 Engaging in conduct likely to deceive, defraud or harm the public in violation of ARM 24.156.625(1)(c); Having been subject to disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine, based upon acts or conduct by the licensee sim ar to acts or conduct that would constitute grounds for disciplinary action Under Title 37,chapter 3 or theserules; a certified copy of the record of the action taken by the other state or jurisdiction is evidence of unprofessional conduct in violation of ARM 24.156.625(1)(g); 12 13 14 15 Administering, dispensing, prescribing or ordering a controlled substance, as defined by t e federal food and drug administration or successors, otherwise than in the course of leg imate or reputable professional practice in violation of ARM 24.156.625(1)(p); 16 17 18 19 Conviction or violation of a federal or state law regulating the possession, distribution or use of a controlled substance, as defined by the federal food and drug administration or successors, whether or not an appeal is pending in violation of ARM 24.156.625(1)(q); 20 21 Committing an act, whether specifically enumerated or not, that in fact constitutes unprofessional conduct in violation of ARM 24.156.625(1)(v); and/or 22 23 24 25 Having voluntarily relinquished or surrendered a license or privileges or having withdrawn an application for licensure or privileges, while under investigation or prior to the granting or denial of an application in this state, or in another state or jurisdiction, ARM 24.156.625(1)(ab). 26 27 28 Respondent admits these contentions of fact and statutory and rule violations. STIPULATION FOR FINAL ORDER 4 1 6. Final Compromise and Settlement. The Department and the Licensee agree that 2 this stipulation shall be a final compromise and settlement of proposed discipline as a result of 3 Licensee’s conduct. 4 7. Incorporation into Final.Order. The Department and the Licensee agree that 5 this stipulation shall be incorporated and made a part of the final order issued by the Montana 6 Board of Medical Examiners. 7 8. Public Documents and Reportability. The Department and the Licensee agree 8 that this stipulation and the attached final order are public documents. Licensee understands that 9 this disciplinary action will be reported to data banks as required by federal law, including (but 10 not limited to) the Healthcare Integrity and Protection Data Bank (HIPDB),the National 11 Practitioners Data Bank (NPDB)and the Federation of State Medical Boards (FSMB). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Agreed Sanction and Costs. a. Dr. Baumstarck will accept a one-year suspension of his license to practice medicine in Montana. That one-year period is deemed to have commenced as of June 25, 2008, the date the Chair of the Board of Medical Examiner’s Screening Panel signed the Board’s Notice of Summary Suspension. That suspension will be lifted upon the Board of Medical Examiner’s acceptance of Dr. Baumstarck’s petiton for reinstatement and will be subject to the following terms. b. Pending a petition for reinstatement, Baumstarck shall tender to the Board of Medical Examiners his Montana medical license, receipt of which is acknowledged. c. The parties understand that following his reinstatement, the Board of Medical Examiners may restrict or bar Baumstarck’s ability to prescribe any schedule II drug and schedule III narcotics. d. Prior to becoming eligible to apply for reinstatement of his Montana license, Baumstarck: will complete a course pre-approved by the Board on proper prescribing practices; 11. must secure the unrestricted endorsement of the Montana Professional Assistant Program which may: Dr. Dr. 1. Dr. STIPULATION FOR FINAL ORDER 5 collect and review records from the federal criminal case, including law enforcement investigative reports, as well as records and investigations collected in the course of Wyoming?s and Montana?s administrative license sanction cases; and B. direct appropriate evaluations, testing and, if necessary, treatment; and shall be required to present suf?cient proofs and to comply with certain conditions as may be required by the Board in its discretion at the time of his petition for reinstatement. 10'. Inadmissibility. In the event the Board of Medical Examiners, in its discretion, does not approve this settlement, this stipulation is withdrawn and shall be of no evidentiary' value and shall not be relied upon nor introduced in any disciplinary action by either party except that Licensee agrees that should the Board reject this stipulation, and if this case proceeds to hearing, Licensee will assert no claim that the Board of Medical Examiners was prejudiced by its review and discussion of this stipulation or of any records relating to this stipulation. 11-. Maintenance of susyended license. Licensee understands that to petition for reinstatement in the future he must, in the interim, regularly renew his suspended license and comply with all continuing education requirements (if any) each year or else his suspended license may terminate and he would not then be eligible for reinstatement in any circumstance and would have to apply for licensure as a new applicant. This agreement is subject to ?nal approval by the Montana Board of Medical Examiners. 2 a 1 a . anntn .mate Dep ment Counsel Mo tana Board of Medical Examiners Judy-o? Date umstarck, Jr., M.D., pro se STIPULATIDN FDR FINAL ORDER 1 2 3 4 . 5 BEFORE THE BOARD OF MEDICAL EXAl\1INERS DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA 6 7 8 9 10 Docket No. CC~08-0670-l\1ED IN THE MATIER OF THE DISCIPLINARY TREATMENT OF THE LICENSE OF Complaint No. 2008~153-l\1ED 11 12 Joseph Baumstarck,Jr., M.D., 13 License No. 8378. 14 15 FINAL ORDER 16 17 18 Based upon the Stipulation of the parties to this action, and good cause appearing 19 therefor, 20 IT IS HEREBY ORDERED that the parties’ stipulation is approved, incOlporated in, 21 and made a part of, the Board’s Final Order. 22 By a preponderance of the evidence, 23 THE BOARD ENTERS THE FOLLOWING FINDINGS OF FACT: 24 25 26 27 28 a. Dr. Baumstarck contacted the Montana Board of Medical Examiners compliance officer, on or about May 29,2008, and self-reported that the federal Drug Enforcement Administration (DEA)had seized his DEA prescription registration. The DEA’s May 19,2008, immediate suspension order was based on its finding that: "2. You have repeatedly failed to establish a legitimate 1 2 3 4 patient-physician relationship as required by State and Federal law and have authorized (and continue to authorize) controlled substance prescriptions without a legitimate medical purpose and outside the usual course of professional practice. in violation of 21 U.S.C. 9 841(a)(1), 21 91306.04(a) & (c),and Wyo 33-26-402(a) (2007). * * *" C.F.R. Stat. 5 6 7 8 9 10 In support of this allegation, the DEA found, among other things, that Dr. Baumstarck failed "to obtain an adequate patient history or. to perform an . adequate physical examination of [his]patients" and on eight occasions in January and February 2008, Baumstarck prescribed controlled substances to individuals who described themselves as controlled substance addicts and prescribed detoxification treatment in violation of federal law. Dr. 11 b. 12 13 14 15 16 17 18 19 20 21 ~ . Board staff received on June 11,2008, records from the Wyoming Board of Medicine. Those records included the Wyoming Board’s Order of Summary Suspension of the Medical License of Joseph Baumstarck, M.D., together with supporting exhibits. Later, Baumstarck relinquished his Wyoming medical license in lieu of an administrative contested case hearing. Jr., Dr. Dr. Baumstarck was indicted in federal court on May 19, 2008, on six counts ofunlawfully distributing controlled substances. That indictment was later superseded to add additional counts. On October 21, 2008, in the United States District Court for the District of Wyoming, Baumstarck, entered a guilty plea to one count of violating 21 U .S.C. (a)(1), distribution of hydrocodone outside the scope of professional practice, a felony. On December 31,2008, Baumstarck was convicted of unlawful distribution of hydrocodone in violation of21 D.S.C. ~841(a)(1), and (b)(1)(D), and was sentenced to three years’ probation. c. ~841 Dr. Dr. 22 23 Based on these findings of fact, 24 IT IS FURTHER ORDERED that Dr. Baumstarck is adjudged to have violated statutes 25 and regulations under the jurisdiction of the Montana Board of Medical Examiners warranting Mont. Code Ann. 937-1-312. Specifically, the Board concludes that Dr. 26 sanctions under 27 Baumstarck committed the following sanctionable violations: 28 Being convicted, including being convicted following a plea of nolo contendere, of a crime relating to or committed during the course of the person’s practice or involving violence, use or sale of drugs, fraud, deceit, or theft, whether or not an appeal is pending in violation of ~37-1-316(1) Code Ann; 1 2 Mont. 3 4 5 . 6 Denial, suspension, revocation, probation, fine, or other l cense restr tion or discipline against a licensee by a state, province, territory; or Indian tribal government or the federal government if the action is not on appeal, under jud ial review, or has been satisfied in violation of ~37-1-316(7) Code Ann.; Mont. 7 8 9 10 11 12 13 14 15 16 Conduct that does not meet the generally accepted standards of practice in violation of ~37-1-316(18) Code Ann.; Mont. Engaging in conduct likely to deceive, defraud Qr harm the publ in violation of ARM 24.156.625(1)(c); Having been subject to disciplinary action of another state or jurisd tion against a license or other authorization to practice medicine, based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary action under Title 37, chapter 3 or these rules; a certified copy of the record of the action taken by the other state or jurisdiction is evidence of unprofessional conduct in violation of ARM 24.156.625(1)(g); 17 18 19 20 21 22 23 24 25 26 27 28 Administering, dispensing, prescribing or ordering a controlled substance, as defined by the federal food and drug administration or successors, otherwise than in the course of legitimate or reputable professional practice in violation of ARM 24.156.625(1)(p); Conviction or violation of a federal or state law regulating the possession, distribution or use of a controlled substance, as defined by the federal food and drug administration or successors, whether or not an appeal is pending in violation of ARM 24.156.625(1)(q); Committing an act, whether specifically enumerated or not, that in fact constitutes unprofessional conduct in violation of ARM 24.156.625(1)(v); and/or Having voluntarily relinquished or surrendered a license or privileges or having withdrawn an appl ation for licensure or privileges, while under investigation or 1 2 3 4 5 6 prior to the granting or denial of an application in this state, or in another state or jurisdiction, ARM 24.156.625(l)(ab). As required by Mont. Code Ann. ~37-1-312(2), the Board has first considered the sanctions that are necessary to protect and compensate the public. Having considered the concerns of the public, and the rehabilitation of the licensee, THE BOARD ENTERS THE FOLLOWING ORDER: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Dr. Baumstarck’s license to practice medicine in Montana is suspended for one year. That one-year period is deemed to have commenced as of June 25, 2008,the date the Chair of the Board of Medical Examiner’s Screening Panel signed the Board’s Notice of Summary Suspension. That suspension will be lifted upon the Board of Medical Examiner’s acceptance of Dr. Baumstarck’s petition for reinstatement and will be subject to the following terms. Baumstarck shall tender b. Pending a petition for reinstatement, to the Board of Medical Examiners his Montana medical license, receipt of which is acknowledged. c. The Board of Medical Examiners may restrict or bar Baumstarck’s ability to prescribe any schedule II drug and schedule III narcotics. d. Prior to becoming eligible to apply for reinstatement of his Montana license, Baumstarck: will complete a course pre-approved by the Board on proper prescribing practices; 11. must secure the unrestricted endorsement of the Montana Professional Assistant Program which may: A. collect and review records from the federal criminal case, including law enforcement investigative reports, as well as records and investigations collected in the course of Wyoming’s and Montana’s administrative license sanction cases; and B. direct appropriate evaluations, testing and, if necessary, treatment~ and 111. shall be required to present sufficient proofs and to comply with certain conditions as may be required by the Board in its discretion at the time of his petition for reinstatement. e. Licensee is notified that he is not permitted to practice with a Dr. Dr. 1. Dr. suspended license. However, Licensee is informed that in order to petition for reinstatement, he must, in the interim, regularly renew his suspended license and comply with all continuing education requirements (if any) each year or else his suspended license may terminate and he would not then be eligible for reinstatement in any circumstance and would have to for licensure as a new applicant. Failure to receive a renewal form from the Board will not constitute an excuse for failure to renew the suspended license, It is Licensee?s respoosibility to insure that his suspended license is renewed in a timely fashion. NOTICE YOU ARE HEREBY NOTIFIED that you have the right to request judicial review of this final order by filing a petition for judicial review within thirty days of service of this ?nal order in a district court of the State of Montana, as provided in 2?4?702, MCA. DATED this ,7 day of 2009. Michael D. LaPan, DPM, President Board of Medical Examiners FINAL 01mm: 5 CERTIFICATE OF SERVICE I hereby certify that on thi?day of true and accurate copy of the foregoing Final Order to be served upon Respondent by placing it 7 . 2009, I caused a in the US. mail, postage prepaid, addressed as follows and upon the Department by hand delivering a copy to Department Counsel. Joseph Baumstarck, IL, MD Louisville Bible College 8013 Damascus Rd Louisville KY 40291 Michael L. Farming DEPARTMENT OF LABOR INDUSTRY Office of Legal Services 301 South Park Avenue PD. Box 200513 Helena, MT 59620-0513 FINAL ORDER 6