1E5: ?tt-?zt?rt- BEFORE THE GEORGIA COMPOSITE MEDICAL BOARD STATE OF GEORGIA AUG. 9-5 20? IN THE MATTER OF: i NUMBER WILLIAM RICHARD ALMON, MD Docket #2 2W 0 00 9? 7 License NO. 030938 - - Respondent PUBLIC ORDER TERMINATING PROBATION WHEREAS, the Georgia Composite Medical Board entered a Public Consent Order (?Order?) in the above?styled matter on June 4, 2010, which placed on probation Respondent?s license to practice medicine in the State of Georgia, and WHEREAS, Respondent has petitioned to have the probatiOn terminated, and WHEREAS, the Board has determined that the Respondent has complied with all the terms and conditions Of the Order. NOW, THEREFORE, IT IS HEREBY ORDERED that the probation of Respondent?s license tO practice medicine in the State Of Georgia be TERMINATED. SO ORDERED THIS 5TH DAY OF AUGUST 2011 GEORGIAC MP ITE AL BOARD Charles L. White, DO Board Chairperson ATTES . aS U?nes (BOARD SEAL) Exec tive Director GEORGIA COMPOSWE BEFORE THE GEORGIA COMPOSITE MEDIWL BOARQ STATE OF GEORGIA JUN 04 IN THE MATTER OF: a. I NUMBER WILLIAM RICHARD ALMON, M.D. DOCKET NO. ?g 0 00 0 License NO. 30938, MM "5 Applicant, PUBLIC CONSENT ORDER- By agreement of the Georgia Composite Medical Board (?Board?) and William Richard Almon, M.D. (?Applicant?), the following disposition Of this matter is entered into pursuant to the provisions of O.C.G.A. ?43-34?8, and ?43-1?19. FINDINGS OF FACT 1. I Applicant was initially licensed as a physician in the State of Georgia on or about August 10, 1988 and was issued license no. 30938. On or about December 31, 2009, Applicant?s license expired. On or about April 1., 2010, Applicant?s license was revoked by operation of law for non-renewal. At the time Applicant's license expired, Applicant's licensure was subject to a period of probation under the terms of a Public Consent Order, Docket No. 10030019. 2. Respondent continued to practice medicine after the expiration of his license until he was noti?ed by the Board on or about April 1, 2010 that his license expired. Applicant subsequently applied for reinstatement Of his Georgia medical license. 3. . Applicant admits the above ?ndings of fact and waives any further ?ndings of fact with respect to the above-styled matter. CONCLUSIONS OF LAW The Applicant?s conduct and the above ?ndings of fact constitute suf?cient grounds for the imposition of sanctions upon Applicant?s license to practice medicine in the State of Georgia pursuant to O.C.G.A. and 43-1?19. Respondent waives any further conclusions of law with respect to the above?styled matter. LRDILR The Georgia Composite Medical Board, having considered all the particular facts and circumstances of this case, hereby orders, and the Applicant hereby agrees, that Applicant?s license to practice medicine in the State of Georgia shall be reinstated subject to the following terms and conditions: 1. Beginning on the effective date of this Consent Order, Applicant?s licensure shall be subject to a period of probation until terminated by a written order of the Board, with-the following terms and conditions: ?Worknlace Restriction. Respondent shall have a female chaperone present in the exam room each and every time Respondent examines a female patient for the entire visit. Any questions regarding Respondent?s compliance with this requirement should be directed to the medical director or the executive director for the Board. Employee Af?davits. If deemed necessary by the Board or Respondent?s supervising and/or monitoring physicians, the Board may facilitate the submission of employee affidavits concerning Respondent?s compliance with the terms of this Order and/or Respondent?s observed behavior with female patients. Treatment/Outpatient Care. Respondent shall attend sessions as frequently as needed for successful therapy which will be dictated by his functioning, to be determined by Respondent's treating Respondent's treating shall also serve as Respondent?s monitoring physician as set forth in. paragraph below. Respondentshall comply with all treatment recommendations made by his Supervision. and Monitoring. Respondent shall designate: (1) an acceptable supervising (?supervising?) physician with whom Respondent will meet at least to review patient charts; and (2) acceptable treating (?monitoring?) physician with whom he will continue care and who will monitor Respondent?s behavior and compliance with therapeutic care. Respondent shall provide a copy of this Order to both the supervising and the monitoring physicians. Each physician shall sign a statement and submit the statement to the Board as evidence of having read and understood the same and having agreed to serve as Respondent?s supervising and monitoring physicians. Respondent shall obtain prior written Board approval through the Medical Director for any change in supervising and monitoring physicians. Supervising and Monitoring Reports. Respondent shall submit or cause to be submitted quarterly reports from his supervising and monitoring physicians regarding his work performance by March 31, June 30, September 30 and December 31 of each calendar year, beginning with the ?rst reporting period following the effective date of this Consent Order. Failure to submit or have such reports submitted in a timely manner shall be considered a violation of this Consent Order. It is expected that said'supervisor and monitor will immediately report to the Board any change in Respondent?s condition or behavior which would render Respondent unable to practice with reasonable skill and safety to patients. By executing this Consent Order, Respondent speci?cally consents to such supervising and monitoring physicians reporting upon Respondent? 3 condition or behavior, notwithstanding any privilege provided by state or federal law. Periods of Residency Outside Georgia and Periods When Not Actively Practicing Medicine. In the event Respondent should leave Georgia to reside or practice outside of Georgia for periods longer than thirty (30) consecutive days, Respondent shall notify the Board in writing of the dates of departure and return. Periods of residency or practice outside of Georgia as well as periods when Respondent is not actively engaged in practicing as a physician will not apply to the reduction of Respondent's probationary period, except as authorized by the Board. Further Evaluation. At any time during the period of probation, the Board shall also have the authority to order Respondent to undergo a physical or mental evaluation by physicians designated by the Board. Respondent shall execute such releases as may be required for the Board to obtain the results of such evaluations. Emoloyment/ Resider?. Respondent shall advise the Board of any change in address of record or employment status within ten (10) days of making the change. Disclosure. In addition to other disclosures required by the Consent Order, Respondent shallsupply a copy of the Consent Order, once approved and docketed, and within ten (10) days from receipt of the docketed copy by Respondent, to each hospital or other institution in Georgia where Respondent maintains staff privileges of any kind, and to any person with whom Respondent is associated in practice, including other physicians or physician?s assistants or to any person or entity for whom Respondent is employed as a physician in the State of Georgia._ Respondent shall also be required to disclose the existence of and provide a copy of the Consent Order to such individuals or entities in connection with any future application for I institutional appointment, associated practice, utilization of a physician?s assistant, or employment as a physician in the State of Georgia while the Consent Order is in effect. By executing the Consent Order, Respondent speci?cally consents to any such individuals or entities reporting to the Board information which would affect'Respondent?s ability to practice medicine with reasonable skill and safety to patients, notwithstanding any privilege provided by state or federal law. I 0) Termination of Probation. Respondent shall not be eligible to petition for termination of probation until one (1) year from the effective date of this Consent Order. At such time, Respondent may petition for termination by certifying under oath before a notary public that he has complied with all conditions of probation and by providing documentation supporting - discharge from probation, including, but not limited to, a written statement from Respondent?s treating that said he/ she agrees with terminating probation. The Board shall review and evaluate the practice of Respondent prior to lifting probation. At such time, the Board shall be authorized, but is not required, to terminate probation. If the Board denies the Respondent?s petition for termination of probation, Respondent may petition for termination on an annual basis thereafter. In any event, the Consent Order shall remain in effect pending a ?nal determination by the Board and noti?cationthat probation has terminated. 2. Applicant shall submit a ?ne of ?ve hundred dollars ($500.00) to the Board, payable to the Georgia Composite Medical Board by certi?ed check or money order, within thirty (30) days of the effective date of this Order. Failure to pay the ?ne by the thirtieth day shall be considered a Violation of this Order and grounds for additional disciplinary action by the Board. 3. This Consent Order shall constitute a public reprimand of the Board and may be disseminated as a public disciplinary action. 4. Pursuant to O.C.G.A. Title 43, Chapter 34A, the contents of this order shall be placed on Applicant?s Physician Pro?le. Furthermore, by executing this Consent Order, Applicant hereby agrees to permit the Board to update the Physician?s Pro?le re?ecting this Consent Order. 5. Applicant shall abide by all State laws regulating the practice of medicine in the State of Georgia, the Rules and Regulations of the Georgia Composite Medical Board and the terms of this Consent Order; Should any Violation of the laws of the State of Georgia, the Rules and 7 Regulations of the Georgia Composite Medical Board or the terms of this Consent Order occur, Applicant?s license may be subject to further sanctions upon substantiation thereof. 6. Approval of this Consent Order by the Georgia Composite Medical Board shall in no way be construed as condoning the Applicant?s conduct and shall not be construed as a waiver of any of the lawful rights possessed by the Board. 7. Applicant acknowledges that he is represented by counsel and that he has read this Consent Order and understands its contents. Applicant understands that he has a. right to an appearance before the Board, and freely, knowingly, and voluntarily waives that right. Applicant 7 understands that the Consent Order will not become effective until approved and docketed by the Georgia Composite Medical Board. Applicant further understands and agrees that the Board I shall have the authority to review the application ?le and all relevant evidence in considering the Consent Order. Applicant further understands that the Consent Order, once approved, shall constitute a public record that may be disseminated as a disciplinary action of the Board. However, if the Consent Order is not approved, it shall not constitute an admission against interest in the proceeding, or prejudice the right of the Board to adjudicate the matter. Applicant. consents to the terms and conditions contained herein. . . rc/ Approved, this 5 day of June, 2010. GEORGIA JOHN kW .D, Chairperson TE MEDICAL BOARD BY: (Board Seal) [Signatures continued on next page:] new ARN HUGHES CONSENTED TO: As to Dr. Almon's signature: . Sworn to and subscribed before me This day of June, 2010. rigs n. a; 068 E. Cullen, Esq. 9 NOTARY PUBLIC ?so - ?5 Attorney for Apphoant My Commission Expiges: EXPHES . - 5 9' n? - 2.1341" a, - It. ATTACHMENT A DISCLOSURE STATEMENT I, a have been provided with a copy of the Public Consent Order between WILLIAM R. ALMON, MD. and the Georgia Composite Medical Board. My relationship to Dr. Almon is that of a Name: (Please print all information) ADDRESS: . TELEPHONE: LICENSE NO.: Sworn to and subscribed before me The day of 2010. NOTARY PUBLIC My commission expires: BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Composite State Roard STATE OF GEORGIA at Medical Examiners IN THE MATTER OF: A WP 1 1 2008 DOCKET NUMBER WILLIAM RICHARD ALMON, M.D. DOCKET NO. 100 3 0 q? License No. 030938, WW. Respondent. PUBLIC CONSENT ORDER By agreement of the Composite State Borrd of Medieai Examiners (?the Board") and WILLIAM RICHARD ALMON, MD. (the ?Respondent?), the following disposition of the matter is entered pursuant to the provisions FINDINGS OF FACT 1. Respondent is licensed to practice medicine in the State of Georgia and was licensed as such at all times relevant to the matters stated herein. 2. Respondent has a history of prior Board discipline in ?3?in and 1994 that included a period of probation terminated in March 1998. 3. On May 2, 2006, Respondent entered a nolo contendere First Offender plea to two misdemeanor charges of battery in the Superior Court of Paulding County. Respondent was sentencedto two 12 month consecutive sentences to be served on probation, 40 hours of community service, a female nurse must be present while examining female patients, continued counseling, and $1,000.00 ?ne. On May 1, 2008, Respondent was discharged as a First Offender without an adjudication of guilt. 4. Respondent admits the above ?ndings of fact and waives any further ?ndings of fact with respect to the above-styled matter. CONCLUSIONS OF Respondent?s conduct constitutes suf?cient grounds to impose sanctions on Respondent?s license to practice medicine in the State of Geergia under Chs. and 34, T. 43, a_s amended. Respondent hereby waives any further ?ndings of law with respect to the above-styled matter. calms, The Composite State Board of Medical Examiners, having considered the particular facts and circumstances of this case, hereby orders, and Respondent hereby agrees, to the following terms: 1. Respondent?s license shall be placed on probation until terminated by a written order of the Board, subject to the terms and conditions set forth below: Workplace Restriction. Respondent shall have a female chaperone present in the exam room each and every time Respondent examines a female patient. for the entire Visit. Any questions regarding Respondent?s compliance with this requirement should be directed to the medical director or the executive director for the Board. Employee Af?davits. If deemed necessary by the Board or Respondent?s supervising and/or monitoring physicians, the Board may facilitate the submission of employee af?davits concerning Respondent?s compliance with the terms of this Order and/or Respondent?s observed behavior with female patients. Treatment/ Outpatient Care. Respondent shall attend sessions as frequently as needed for successful therapy which will be dictated by his functioning, to be determined by Respondent's treating Respondent's treating shall also serve as Respondent?s monitoring physician as set forth in paragraph below. Respondent shall comply with all treatment recommendations made by his Supervision and Monitoring. Respondent shall designate: (1) an acceptable supervising (?supervising?) physician with whom Respondent will meet at least to review patient "charts; and an acceptable treating (?monitoring?) physician with whom he will continue care and who will monitor Respondent?s behavior and compliance with therapeutic care. Respondent shall provide a copy of this Order to both the supervising and the monitoring physicians. Each physician shall sign a statement and submit the statement to the Board as evidence of having read and understood the same and having agreed to serve as Respondent?s supervising and monitoring physicians. Respondent shall obtain prior written Board approval through the Medical Director for any change in supervising and monitoring physicians. Supervising and Monitoring Reports. Respondent shall submit or cause to be submitted quarterly reports from his supervising and monitoring physicians regarding his work performance by March 31, June 30, September 30 and December 3] of each calendar year, beginning with the ?rst reporting period following the effective date of this Consent Order. Failure to submit or have such reports submitted in a timely manner shall be considered a violation of this Consent Order. It is expected that said supervisor and monitor will immediately report to the Board any change in Respondent?s condition or behavior which would render Respondent unable to practice with reasonable skill and safety to patients. By executing this Consent Order, Respondent speci?cally consents to such supervising and monitoring physicians reporting upon Respondent?s condition or behavior, notwithstanding any privilege provided by state or federal law. Continuing Medical Education. In addition to the mandated continuing medical education required of all Georgia physicians, Respondent shall obtain an additional 20 hours of continuing medical education each year of probation in the area of boundary violations. Respondent must obtain the additional 20 hours on an annual basis and shall submit proof of completion ef'said additional hours to the board by December 31 of each year of the probation. Prior to obtaining the CME, Respondent shall submit the title of the course(s) he plans to attend and information concerning the course(s) to the Board. g) Periods of Residency Outside Georgia and Periods When Not Actively Practicing Medicine. In the event Respondent should leave Georgia to reside or practice outside of Georgia for periods longer than thirty (30) consecutive days, Respondent shall notify the Board in writing of the dates ofdeparture and return. Periods of residency or practice outside of Georgia as well as periods when Respondent is not actively engaged in practicing as a physician will not apply to the reduction of Respondent's probationary period, except as authorized by the Board. Further Evaluation. At any time during the period of probation, the Board shall also have the authority to order Respondent to undergo a physical or mental evaluation by physicians designated by the Board. Respondent shall execute such releases as may be required for the Board to obtain the results of such evaluations. Employment/ Residency. Respondent shall advise the Board of any change in address of record or employment status within ten (10) days of making the change. 0) Disclosure. In addition to other disclosures required by the Consent Order, Respondent shall supply a copy of the Consent Order, once approved and docketed, and within ten (10) days from receipt of the docketed copy by Respondent, to each hospital or other institution in Georgia where Respondent maintains staff privileges of any kind, and to any person with whom Respondent is associated in practice, including other physicians or physician?s assistants or to any person or entity for whom Respondent is employed as a physician in the State of Georgia. Respondent shall also be required to disclose the existence of and provide a copy of the Consent Order to such individuals or entities in connection with any future application for institutional appointment, associated practice, utilization of a physician?s assistant, or employment as a physician in the State of Georgia while the Consent Order is in effect. By executing the Consent Order, ReSpondent speci?cally consents to any such individuals or entities reporting to the Board information which would affect Respondent?s ability to practice medicine with reasonable skill and safety to patients, notwithstanding any privilege provided by state or federal law. Termination of Probation. Respondent shall not be eligible to petition for termination of probation until two (2) years from the effective date of this Consent Order. At such time, Respondent may petition for termination by certifying under oath before a notary public that he has complied with all conditions of probation and by providing documentation supporting discharge from probation, including, but not limited to, a written statement from Respondent?s treating that said he/she agrees with terminating probation. The Board shall review and evaluate the practice of Respondent prior to lifting probation. At such time, the Board shall be authorized, but is not required, to terminate probation. If the Board denies the Respondent?s petition for termination of probation, Respondent may petition for termination on an annual basis thereafter. In- any event, the Consent Order shall remain in effect pending a ?nal determination by the Board and noti?cation that probation has terminated. 2. This Consent Order shall constitute a PUBLIC REPRIMAND of the Board and may be disseminated by the Board as a public disciplinary action. 3. Respondent shall submit to the Board a ?ne of $5,000.00, to be paid in full by cashier's check or money order made payable to the Composite State Board of Medical Examiners within sixty (60) days of the effective date of this Consent Order. Failure to pay the entire amount by the 60th day shall be considered a violation of this Order and shall result in further sanctioning of Respondent's license, including revOcation,? upon substantiation thereof. 4. In addition to the ?ne required in paragraph 3 of this Consent Order, Respondent shall pay administrative fees in the amount of $500.00 as reimbursement to the Board of expenses incurred in the investigation of this matter, which expenses do not include time spent by the investigative division of the Board. Said fees shall be payable by certi?ed check or money order to the Composite State Board of Medical Examiners within thirty (30) days of the effective date of this Consent Order. Failure to pay the entire amount by the 30th day shall be considered a violation of this Consent Order and shall result in further sanctioning of Respondent?s license, including revocation, upon substantiation. 5. Respondent shall abide by all State and Federal laws regulating his practice as a physician or relating to drugs, the Rules and Regulations of the Composite State Board of Medical Examiners and the terms of the Consent Order, outpatient treatment, and probation. If Respondent shall fail to abide by such laws, rules or terms, or if it should appear from reports submitted to the Board that Respondent is otherwise unable to practice with reasonable skill and safety to patients, or should Respondent violate the criminal laws of the state, including any term of probation, if any, Respondent?s license shall be subject to further discipline, including revocation, upon substantiation thereof after notice and hearing, and if revoked, the Board in its discretion may determine that the license should be permanently revoked and not subject to reinstatement. Respondent ?rrther agrees that any violation of the Consent Order during any probationary period shall be deemed to be suf?cient to authorize the Board to order summary suspension of Respondent?s license, pending ?irther proceedings, pursuant to the provisions of the Georgia Administrative Procedure Act, O.C.G.A. or any other statute authorizing emergency action, but Respondent understands that Respondent shall be entitled to an expedited hearing to substantiate such violation(s), if the Board exercises such right. 6. Approval of this Consent Order by the Composite State Board of Medical Examiners shall in no way be construed as condoning the Respondent?s conduct and shall not be construed as a waiver of any of the lawful rights possessed by the Board. 7. Respondent understands that pursuant to O.C.G.A. Title 43, Chapter 34A, the contents of this order shall be placed on Respondent?s Physician Pro?le. Furthermore, by executing this Consent Order, Respondent hereby agrees to permit the Board to update the Physician?s Pro?le re?ecting this Consent Order. 8. acknowledges that he is represented by counsel, that he has read the Consent Order and understands its contents. Respondent unders?tands that he has a right to a hearing, and freely, knowingly, and voluntarily waives that right. Responden: understands that the Consent Order wilt not become effective until approved and docketed by the Composite State: Board of Medical Examiners. Respondent further understands and agrees that a representative of the Department of Law may be present during the presentation of the Order in the Board and that the Board shat} have the authority to raview the application ?le and an relevant. evidence in considering the Conse 111 Order. Respondent further understands that the Comm: Order, once approved, aha}! constitute a public :ecmd that may be disseminated. Hcswevcr, iti'the Consent Or?er is not approved, it shall not constitute an admission agains: interest in the proceeding, or prejudice the right of the Board [0 adjudicate the ma?a. consents to the terms and conditions contained herein. Approx-Bi this I: I day of 2008. STATE BOARD OF MEDICAL EKAMINERS SEAL) gL??C-rw? JEAN D. Fre cut ATTEST: cu?ve Diractor To Dr. Almond Signature: 1/ Sworn to and subscribed before me this imwday I odm of .2008. ??Wm NOT RY UB, .- My Commission Expires: Mai. 01 Gonzalo ;'Cm Em Mov 29.2010 SUPERVISING AND MONITORING STATEMENT The undersigned supervising and monitoring physicians acknowledges that (s)he has read the attached Public Consent Order and agrees to serve as DR. WILLIAM R. supervising and monitoring physicians as indicated below. Sworn to and subscribed (Signed) Before me the day Name: Of 2008. Supervising Physician (Please print) Address: NOTARY PUBLIC My commission expires: Telephone: License No.: - Sworn to and subscribed 39.3% rgSigned) Before me the day Of2008. 5 I awe, 5 . commune =05 PIEDM a. We. ddress ONT CLINIC 0 -. I v?x SUITE 505 moon L) Teleph I ?liaaunl? /0q NOTARY My commis on expires: DAVE M. DAVIS, M.D.. EA.RA., F.A.B.F.P PIEDMONT CLINIC 1938 PEACHTREE ROAD. N.W. SUITE 505 ATLANTA, GA 30309 404-355-291 4 10 Slate Examining Boards BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS 1 3 STATE OF GEORGIA DOCKET NUMBER 53?? IN THE MATTER OF: DOCKET NO. 92-583? Wm. Richard Almon, M.D. License #030938 ORDER TERMINATING PROBATION The Respondent having demonstrated compliance with the Consent Order previously entered in this matter on March 3, 1994 and the Board being possessed of no information which would warrant extension thereof under the terms of the Order, such probation is hereby terminated. This 13'" day of October. 1998. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Ella Sheila Smith. MD. Board President ATTEST: a William G. Miller. Jr., ?Joint Secretary STATE EXAMINING BOARD (BOARD SEAL) Hrroin<3mwts 8:51;. v. Ana-in a. Dthi?ujz?i' GER-ES BEFORE THE COHPOSITE STATE BOARD or Immj?~~ STATE OF GEORGIA IN THE BATTER 0P: DOCKET NO. 92?589 WILLIAM R. ALHON, H.D., License No. 030938. Respondent. By agreement of the Composite State Board of Medical Ekaminers and William R. Almon. M.D.. Respondent, the following disposition of this matter is entered pursuant to the provisions of the Georgia Administrative Procedure Act. codified as O.C.G.A. 1. The Respondent is licensed to practice medicine in the State of Georgia. and was so licensed at all times relevant to the matters stated herein. 2. On November 12, 1992. Respondent was charged with three felony counts of sexual assault against a person in custody in violation of O.C.G.A. 16-6?5 Respondent denied those charges and those charges have been dismissed. I 3. On November 13. 1992. the Board docketed on Order of Summary Suspension of Respondent's medical license. The Board's action was based on information received by the Board that Respondent may have engaged in sexual misconduct with three female patients incarcerated at the Augusta City Jail. The conduct was alleged to have occurred while Respondent was acting in his capacity as a physician for the jail. Respondent denies these allegations. 4. Respondent has previously been disciplined by the Georgia Medical Board (Consent Order dated June 3, 1992, Docket No. 92?007). 5. Respondent denies any wrongdoing in connection with the matters that are the subject of this Consent Order. IRespondent specifically denies any and all allegations of sexual misconduct with respect to the matters set forth in paragraph 3. Respondent's entry into this Consent Order does not constitute any admission of any wrongdoing whatsoever. but is instead intended to resolve the matters that are the subject of this Consent Order in an expeditious manner, without the delay and expense of litigation, so that Respondent can proceed forthwith with a full scale practice of medicine. 6. The Respondent waives any further findings of fact with respect to the above matter. However, the Respondent shall be allowed to submit a supplemental statement for the investigative file in explanation and mitigation of the matters stated herein as part of the investigative file, for consideration by the Board prior to its review of this Consent Order. The Respondent's alleged conduct, if true, would constitute sufficient grounds for disciplinary action under O.C.G.A. CHE: and 34, T. 43, as_amgnded. The Respondent hereby waives any further conclusions of law with respect to the above-styled matter. QRDEB The Composite State Board of Medical Examiners, having considered the particular facts and circumstances of this case, .hereby orders, and the Respondent hereby agrees, to the following terms of discipline: r. Commencing on the effective date of this Consent Order, the partial summary suspension of ReSpondent's license shall be lifted and Respondent's license shall be placed on probation for a period of four (4) years, with the following terms and conditions of probation: Respondent shall not examine or treat any female patients without a third person being present at all times. Any question regarding compliance with this requirement should be directed to the medical coordinator for the Board. In addition, Respondent shall use gloves at all times when conducting a pelvic examination of a female patient. Reapondent shall also comply with the recommendations of the Centers for Disease Control regarding the -3- use of gloves when performing any invasive procedures. Egg, Board Rule bentalz?hxsical_?xamination. Within sixty (60) days from the effective date of this Consent Order. the Respondent shall submit to a mental/physical examination by a physicianCs) approved by the Board, in order to determine whether Respondent has a sexual impulse control disorder. If such examination discloses that the Respondent requires treatment. the Respondent shall undergo such treatment as recommended by said examination. ggnLinuing_?g?igal_?dugation. The Respondent shall submit to the Board for its approval a program of continuing education acceptable to the Board. consisting of twenty (20) hours. which the Respondent shall complete within one year from the effective date of the Consent Order. Respondent shall provide documentation of his satisfactory completion of this requirement to the Board. At least half (10 hours per year) of said continuing education shall relate to issues of medical ethics and the current standard of care for male physicians who primarily treat female patients. This requirement shall be in addition to the continuing education required under O.C.G.A. 43?34-3. QEA_ngistLatign. There shall be no restriction for the legitimate prescribing. administering. dispensing or ordering of controlled substances in the course of Respondent's practice. in accordance with the applicable laws and rules. (9) In the event the Respondent should leave Georgia to reside or practice outside -4- of Georgia for periods longer than thirty (30) consecutive days. the Respondent shall notify the Board in writing of the dates of departure and return. Respondent shall provide a copy of this Consent Order to the state medical board in any state where he is practicing medicine within thirty (30) days of commencing practice in that state. Periods when Respondent is not actively engaged in the practice of medicine will not apply to the reduction of the Respondent's probationary period, except as authorized by the Board. Periods when Respondent is practicing in another state shall be credited towards completion of the probationary period. provided that Respondent has provided that state's medical board with a copy of this Consent Order as required above. The Respondent shall IIATELY advise the Board of any change in address of record or employment status. The Respondent shall supply a copy of this Consent Order. once approved and docketed, and within ten (10) days from receipt of the docketed copy by Respondent, to each hospital or other institution in Georgia where Respondent maintains staff privileges of any kind, and to any person with whom Respondent is associated in practice, including other physicians or to any person or entity for whom Respondent is employed as a physician in the State of Georgia. Respondent shall also be required to disclose the existence of and pr0vide a copy of this Consent Order to such individuals or entities in connection with any future application for institutional appointment. associated practice. or employment as a physician in the State of Georgia 2' while this Consent Order is in effect. By executing this Consent Order, Respondent specifically consents to any such individuals or entities reporting to the Board information which would affect Respondent's ability to practice medicine with reasonable skill and safety to patients, notwithstanding- any privilege provided by state or federal law. (9) WW. The Respondent shall abide by all State and Federal laws regulating the practice of medicine or relating to drugs, the Rules and Regulations of the Composite State Board of Medical Examiners, and the terms of this Consent Order and probation. If the Respondent shall fail to abide by such laws, rules or terms, or if it should appear to the Board that the Respondent is otherwise unable to practice medicine with reasonable skill and safety to patients, the Respondent's license shall be subject to further discipline, including revocation, upon substantiation thereof after notice and hearing, and if revoked the Board in its discretion may determine that the license should be permanently revoked and not subject to reinstatement. Igrminatign_gj_?rgbatign. Within sixty (60) days of the scheduled date of termination of probation, or at such? earlier time as Respondent believes appropriate, Respondent may petition for termination by certifying under oath before a notary public that the Respondent has complied with all conditions of probation and by providing documentation supporting discharge from probation. If Respondent successfully completes a three year residency training program during the probationary period. he may petition for early termination of probation upon completion of the residency training program. The Composite State Board of Medical Examiners shall be authorized to review and evaluate the practice of the Respondent prior to lifting the probation. At such time the board shall be authorized to restore all rights and privileges incident to the license of the Respondent, unless the Board has received information that the Reapondent has not complied with the terms of probation or has otherwise failed to comply with the laws and rules regulating the practice of medicine. Should the Board determine that reasonable cause exists for maintaining Respondent's license on a probationary status. the Board shall notify Respondent of its intent to extend the probationary period. and Reapondent may respond to such notification in writing or request an appearance before the Board as in a non-contested case. In any event, this Consent Order shall remain in effect pending a final determination by the Board and notification that the probationary period has terminated. 2. In addition to and in conjunction with any other sanction contained herein, this Consent Order and dissemination thereof shall serve as a public reprimand to the Respondent for his failure to have a third person present when he was examining or treating a female patient. 3. In addition to and in conjunction with any other sanction contained herein, Respondent shall pay a fine of $1,500.00. The fine shall be paid to the Board by Respondent, by certified check, prior to Respondent filing a petition for termination of probation. 4. Respondent acknowledges that he is represented by counsel in this matter, that he has read this Consent Order and has discussed it with counsel. He understands that he has the right to a hearing in this matter, and freely, knowingly and voluntarily waives such right by entering into this Consent Order. He understands that this Consent Order will not become effective until approved by the Composite State Board of Medical Examiners and docketed by the Joint Secretary, State ?Examining Boards. He further understands and agrees that a representative of the Department of Law may be present during presentation of this Consent Order to the Board and that the Board shall have the authority to review the investigative file and all relevant evidence in considering this Consent Order. He further understands that this Consent Order, once approved, shall constitute a public record which may be disseminated as a disciplinary action of the Board. However, if the Consent Order is not approved, it shall not constitute an admission against interest in this proceeding, or prejudice the right of the Board to adjudicate this matter. Respondent consents to the terms and conditions contained herein. -3- 02/13/9d 20:28 401 051 63?. LII DIN: 2? lama/01o Approved, this day of 1994. mosm STATE BOARD OF MEDICAL (Dom 5m) mm. 31:. dunn:s.anamy State Examining Boards Codsantad to: Witness of Signature: or 1334. I, I now 11' 1995mm P. "mm, II Hr commission axp1ras: Attornay for gespondent (The above notarization is only for the signature of William R. Almon, M.D.) . .. I10. - Approved, this day of 1994. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS BY: F. JAMES FUNK, M.D. President (BOARD SEAL) ATTEST: WILLIAM G. MILLER. JR. Joint Secretary State Examining Boards Consented to: Witness of Signature: Sworn to and subscribed WILLIAM R. ALMON, M.D. before me this day Respondent I Qu?l_?7 y~ IV NOTARY PUBLIC ROBERT P. WILLIAMS. II My commission expires: Attorney for Respondent BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS STATE OF GEORGIA FILL-Z is 0mm: Joint Secretary State Examining Boards DEC 2 1992 DOCKETNUMBER Respondent . 1 IN THE MATTER OF: Docket No. 92?589 WILLIAM R. ALMON, M.D. License No. 030938, ?ll-Iii By agreement of the Composite State Board Of Medical Examiners and William R. Almon, M.D., Respondent, the following interim disposition of this matter is entered pursuant to the provisions of the Georgia Administrative Procedure Act, codified as O.C.G.A. 1. The Respondent is licensed to practice medicine in the State of Georgia and was so licensed at all times relevant to the matters asserted herein. 2. On November 12, 1992, Respondent was charged with three felony counts of sexual assault against a person in custody in violation of 3. On November 13, 1992, the Board docketed an Order?of Summary Suspension of Respondent's medical license. This Order was personally served on Respondent on November 17. 1992. (Respondent had been personally notified of the Board's action on November 13, 1992). The Board's action was based on reliable information obtained by the Board that Respondent may have engaged in sexual misconduct with three female patients incarcerated at the Augusta City Jail. The alleged conduct occurred while Respondent was acting in his capacity as a physician for the jail. 4. Respondent has previously been disciplined by the Georgia and Illinois Boards based upon sexual misconduct with a female patient. 5. The Board is not presently aware of any evidence or information that would suggest that Respondent has ever engaged in inappropriate sexual conduct with any male patients, or that Respondent poses a risk of engaging in such conduct with male patients in the future. 6. The Respondent waives any further findings of fact with respect to the above matter. However, the Respondent shall be allowed to submit a supplemental statement for the investigative file in explanation and mitigation of the matters stated herein for consideration by the Board prior to'its- review of this Interim Consent Order. The Respondent hereby waives any conclusions of law with respect to this Interim Consent Order. I was The Composite State Board of Medical Examiners, having considered the particular facts and circumstances of this case, hereby orders, and the Respondent hereby agrees, that the Board shall modify its previous Order of Summary Suspension to allow Respondent to resume a limited medical practice according to the following terms and conditions: 1 . Until further order of the Board, Respondent?s license to practice medicine in the State of Georgia shall stand partially summarily suspended so that Respondent shall not under any circumstances examine, treat or counsel any female at any time or at any location in the State of Georgia. 2. Respondent shall designate a supervising physician acceptable to the Board and provide a copy of this Interim Consent Order to said physician. Respondent shall not resume the practice of medicine until the supervising physician has been approved by the Board. Respondent may obtain interim written approval through the medical coordinator. Prior to being approved by the Board, the supervising physician shall submit a statement affirming that he has read the Interim Consent Order, that he understands its terms, and that he agrees to serve as Respondent's supervising physician. If Respondent intends to practice at more than one location, he shall obtain a supervising physician for each location, including any hospital, clinic or private office setting, where he intends to practice. 3. The supervising physician agrees to act as Respondent's supervisor and to ensure that Respondent complies with all conditions of this Interim Consent Order, and particularly with the limitation that he shall not examine, treat or counsel any females. 4 . The Respondent shall submit or cause to be submitted reports from the supervising physician(s) regarding his performance and compliance with the terms of this Interim Consent Order. These reports shall be submitted to the Board by the fifth day of every month. Failure to submit or have such reports submitted in a timely manner shall be considered a violation of this Interim Consent Order. It is expected that said supervising physician(s) shall immediately report any change in Respondent's condition which would render Respondent unable to practice with reasonable skill and safety to patients. By executing this Interim Consent Order, Respondent specifically consents to such supervising physician(s) reporting upon Respondent's condition, notwithstanding any privilege provided by state or federal law. 5. Respondent shall not change his employment or supervising physician without prior written approval of the Board. Respondent may obtain interim written approval for such a change through the medical coordinator for the Board. The provisions of this paragraph shall only apply to changes of employment or supervising physician within the state of Georgia. 6. The Respondent shall immediately advise the Board of any change in his residential or office address. 7. The Respondent shall supply a copy of this Interim Consent Order, once approved and docketed, and within ten (10) days from receipt of the docketed COPY by Respondent, to each hospital or other institution in Georgia where Respondent maintains staff privileges of any kind, and to any person with whom Respondent is associated in practice, including other physicians or physician's assistants or to any person or entity for whom Respondent is employed as a physician in the State of Georgia. Respondent shall also be required to disclose the existence of and provide a copy of this Interim Consent Order to such individuals or entities in connection with any future -4- application for institutional appointment, associated practice, utilization of a physician's assistant, or employment as a physician in the State of Georgia while this Interim Consent Order is in effect. By executing this Interim Consent Order, Respondent specifically consents to any such individuals or entities reporting to the Board information which would affect Respondent's ability to practice medicine with reasonable skill and safety to patients, notwithstanding any privilege provided by state or federal law. 8. The Respondent shall abide by all State and Federal laws regulating the practice of medicine or relating to drugs, the Rules and Regulations of the Composite State Board of Medical Examiners, and the terms of this Interim Consent Order. If the Respondent shall fail to abide by such laws, rules or terms, or if it should appear from monitoring reports submitted to the Board that the Respondent is otherwise unable to practice medicine with reasonable skill and safety to patients, the Respondent's license shall be subject to further discipline, including suspension, as authorized under O.C.G.A. or revocation, upon substantiation thereof after notice and hearing, and if revoked the Board in its discretion may determine that the license should be permanently revoked and not subject to reinstatement. . 9. Respondent acknowledges that he is represented by counsel in this matter and that he has read this Interim Consent Order and has discussed it with counsel. He understands that this Interim Consent Order constitutes an interim disposition and does not in any way affect his right to a hearing regarding the allegations set forth in the Notice of Hearing docketed on November 13, 1992. He understands that this Interim Consent Order will not become effective until approved by the Composite State Board of Medical Examiners and docketed by the Joint Secretary, State Examining Boards. He further understands and agrees that a representative of the Department of Law may be present during presentation of this Interim Consent Order to the Board and that the Board shall have the authority to review the investigative file and all relevant evidence in considering this Interim Consent Order. He further understands that this Interim Consent Order, once approved, shall constitute a public record which may be disseminated in the same manner as a disciplinary action of the Board. However, if the Interim Consent Order is-not approved, it shall not constitute an admission against interest in this proceeding, or prejudice the right of the Board to adjudicate this matter. Respondent consents to the terms and conditions contained herein. 4? Doc. Approved, this day of 1992. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS .. I, A . I I..I la'??77 BY: '1 . W. GORDON IRWIN, D. 0. President ATTEST: Wilma WILLIAM G. MILLER, Joint Secretary State Examining Boards Consented to: Witness of Signature: Sworn to and 5 bed I befoEe/Ijne this - day WI IAM R. Amorff?i CWO 1992. spondent ?ap/{MR f) OT PUBLIC 7? Iy ommission Ex ROBERT P. WILLIAMS, II Attorney for Respondent tufch Put-Ho mommy?s; 920733 Lly Commission prim out. 1I 139;?; Joint Secretary State Examining Boards NOV 1 3 I992 DOCKETNUMBER BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS STATE OF GEORGIA Docket No . IN THE MATTER OF: WILLIAM R. ALMON, M.D. License No. 030938, Respondent. WHEREAS, the Board has received reliable information that Respondent has engaged in sexual misconduct with three female patients incarcerated at the Augusta City Jail and Respondent has been arrested and charged with three felony charges of sexual assault against persons in custody, O.C.G.A. Respondent has previously been disciplined by the Georgia and Illinois Boards based upon sexual misconduct. NOW THEREFORE, the Board finds that the public health safety and Welfare imperatively requires emergency action, and it is hereby ORDERED that Respondent's license to practice medicine in the State of Georgia shall be SUSPENDED, pending proceedings for revocation or other action which shall be instituted and determined. It is further ORDERED that: A Notice of Hearing shall be contemporaneously issued with this Order and served upon Respondent; the matter shall be assigned to a hearing officer and be scheduled for hearing; should ResPondent request an expedited hearing, the date for the hearing is subject to change in the discretion of the Hearing Officer. The Respondent shall return to and file with the Board the original and one copy of the attached "Response to Order of Summary Suspension", after execution by Respondent, no later than fourteen (14) days from the date of service or receipt of this Order, stating whether Respondent wishes to avail himself of the opportunity for an expedited hearing under O.C.G.A. This Order is signed and attested by the Joint Secretary of the State Examining Boards on behalf of the Composite State Board of Medical Examiners. This :?zs?ti?day of 1992. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS (BOARD SEAL) W. GORDON IRWIN, D.O. President WILLIAM G. MILLER, Joint Secretary State Examining Boards mm oFFlca Joint Secretary State Examining Boards NOV 1 3 1992 BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINEISEKET NUMBER i STATE or GEORGIA CIA-58 IN THE MATTER OF: Docket No. WILLIAM R. ALMON, M.D. License No. 030938, It Respondent. TO: William R. Almon, M.D. 113 Spring Lakes Drive Martinez, Georgia 30907 You are hereby notified that the Composite State Board of Medical Examiners, through its appointed representative, will hold a hearing at the offices of the Board, 166 Pryor Street, S.W., Atlanta, Georgia 30303, at o'clock, on the @day of - 1993, for the purpose of hearing charges that, if proven, may result in susPension, revocation or other disciplinary action against your license to practice medicine in the State of Georgia. You are also notified of the following matters: This hearing will be held under the authority and jurisdiction conferred upon the Composite State Board of Medical Examiners by 0.C.G.A. Chsamended, and in accordance with the Administrative Procedure Act, codified in 0.C.G.A. Ch. 13, T. 50, as amended, the Rules and Regulations of the Composite State Board of Medical Examiners and the Rules and Regulations of the Joint Secretary, State Examining Boards. Pursuant to the provisions of 0.C.G.A. Ch. 13, T. 50, the Composite State Board of Medical Examiners hereby appoints the hearing officer designated below as hearing officer for the above?styled matter. NAME: ADDRESS: WAYNE. HOWELL P. 0. Box 127 FAYETTEVILLE, GA 30214-0127 TELEPHONE: 3'1 The hearing officer shall have the authority to exercise those powers on behalf of the Board enumerated in 0.C.G.A. or elsewhere in the Georgia Administrative Procedure Act or the rules of the Joint Secretary, as adopted by the Board, in conducting the hearing. You have the following rights in connection with this hearing: (1) To respond and to present evidence on any relevant issue: (2) to be represented by counsel at your expense; (3) to subpoena witnesses and documentary evidence through the Board by filing a request with the Joint Secretary; (4) such other rights as are conferred by the Rules and Regulations of the Board and the Rules and Regulations of the Joint Secretary, State Examining Boards. An Answer to this Notice of Hearing must be filed within fourteen (14) days after receipt or service of this Notice. The original and one duplicate of the Answer and any subsequent pleading or response, each designated as "Original" and "Duplicate" by appropriate marking or stamp, should be filed with the Docket Clerk of the Joint Secretary, 166 Pryor Street, S.W., Atlanta, Georgia 30303. An additional copy of the Answer and any subsequent pleading or response should also be sent to or served upon counsel for the Board, whose name and address appear on the last page of this Notice. Sanction of the Respondent's license is sought pursuant to the following provisions of 0.C.G.A. 43?34?37: The board shall have authority to refuse to grant a license to an applicant or to discipline a physician licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of medicine or in any document connected therewith, or practiced fraud or deceit -3- or intentionally made any false statement in obtaining a license to practice medicine, or made a false or deceptive annual registration with the board; (4) Committed a crime involving moral turpitude, without regard to conviction; the conviction of a crime involving moral turpitude shall be evidence of the commission of such crime. - As used in this paragraph, the term "conviction" shall have the meaning prescribed in paragraph (3) of this subsection. For the purpose of this chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude; (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable and prevailing medical practice or by rule of the board; (10) violated or attempted to violate a law, rule, or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (11) Committed any act or omission which is indicative of bad moral character or untrustworthiness; O.C.G.A. 43?1?19(a) provides that a state examining board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has: (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board. (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title. -5- (8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement. The Board has the authority to refuse to grant a license to an applicant, or to discipline a physician licensed in Georgia, if that physician has engaged in unprofessional conduct. For the purpose of the implementation and enforcement of Board rule unprofessional conduct is defined as, but is not limited to participating in or aiding the following: Commission of any act of sexual intimacies, abuse, misconduct or exploitation related to the licensee's practice of medicine. 1. Whether Respondent has violated statutes and rules relating to or regulating the practice of medicine, including O.C.G.A. (7), (10), and (6), (8), and (10), and/or Board rule by committing a crime involving moral turpitude and/or committing acts which are indicative of bad moral character. 2. Whether Respondent has violated O.C.G.A. and by making misleading, deceptive, untrue, or fraudulent representations in the practice of medicine, or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice medicine. 1. The Respondent is licensed to practice medicine in the State of Georgia, and was so licensed at all times relevant to the matters stated herein. 2. On or about August 17, 1990, Respondent had disciplinary action taken against him by the Illinois Board of Medicine. Said action was based upon allegations that the Respondent engaged in unprofessional conduct with a patient by having a sexual encounter with a patient whom he treated. On or about June 3, 1992, Respondent entered into a Consent Order with the Georgia Board, based on the Illinois Consent Order. 2. The Board has received reliable information that Respondent has engaged in sexual misconduct with three female patients incarcerated at the Augusta City Jail. This conduct occurred while Respondent was acting in his capacity as a physician for the jail. Re5pondent's actions included, but were not limited to, inappropriate touching, fondling, and exposure of the sexual organs. 3. On or about November 12, 1992, Respondent was arrested and charged with three felony counts of sexual assault against persons in custody in violation of O.C.G.A. 4. Respondent made misleading representations to the Board in connection with his application when he answered "no" to the following questions: "14. Have you ever had your hospital privileges limited, denied or revoked?" and "18. Have you ever resigned from a hospital staff after a complaint or peer review action has been initiated against you?" Respondent's application was signed by him on June 6, 1988. 5. On March 25, 1988, Respondent was suspended from the residency training program in which he was participating at Eisenhower Army Medical Center, Fort Gordon, Georgia, based upon allegations of sexual misconduct with one patient. Based upon that conduct, Respondent subsequently resigned from the Army and was discharged under conditions other_than honorable, effective July 8, 1988. ReSpondent failed to disclose the circumstances which had lead to his suspension from Eisenhower Army Medical Center in his application. This Notice of Hearing is signed and attested by the Joint Secretary of the State Examining Boards, on behalf of the Composite State Board of Medical Examiners. The Board reserves the right to amend this Notice of Hearing as provided in the Rules of the Joint Secretaryu gifte Examining Boards. This day of 1992. i COMPOSITE STATE BOARD OF MEDICAL EXAMINERS W. GORDON IRWIN, D.O. President (BOARD SEAL) L?m (a WILLIAM G. MILLER, . Joint Secretary Counsel: State Examining Boards FRANCES CULLEN Staff Attorney 132 Judicial Building Atlanta, Georgia 30334 Telephone: (404) 656-0816 -10- BEFORE THE COMPOSITE STATE BOARD OF MEDICAL I IN orncs STATE or GEORGIA Secretary State Examining Boards IN THE MATTER 'or: 3 1992 I WILLIAM R. ALMON. 14.0.. AG NO. mumssn . 3 . icens Respondent. By agreement of the Composite State Board of Medical Examiners and William R. Almon. M.D.. Respondent. the following disposition of this matter is entered pursuant to the provisions of the Georgia Administrative Procedure Act. codified as O.C.G.A. (Ga. Laws 1964. pp. 33B. 348. :5 amended). 1. The Respondent is licensed to practice medicine in the states of Georgia and Illinois and was so licensed at all times relevant to the matters asserted herein. 2. On or about August 17. 1990. the Respondent had disciplinary action taken against him by the Illinois Department of Professional Regulation, Board of Medicine. DPR Case No. 89-705. Said action was based upon allegations that the Respondent engaged in unprofessional conduct with a patient. A true and correct copy of the Consent Order is attached hereto as Exhibit 3. The Respondent waives any further findings of fact with respect to the above matter. However. the Respondent shall be allowed to submit a supplemental statement for the investigative file in erplanation and mitigation of the matters stated herein as part of the investigative file. for consideration by the Board prior to its review of this Consent Order. The action taken by the Illinois Board and Respondent's- --. conduct constitute sufficient grounds for the imposition of sanctions upon his license to practice medicine in the State of Georgia under 0.C.G.A. Chsamended. The Respondent hereby waives any further conclusions of law with respect to the above-styled matter. QBDEE The Composite State Board of Medical Examiners. having considered the particular facts and circumstances of this case. hereby orders. and the Respondent hereby agrees. to the following terms of discipline: 1. The Respondent's license shall be placed on probation for a period of one (1) year. However. said probation shall be deemed to be completed on the effective date of this Consent Order because the Respondent has successfully completed his Illinois probation in compliance with the action taken againSt him by the I Illinois Department of Professional Regulation. Board of Medicine. 2. This Consent Order and dissemination thereof shall also serve as a public reprimand to the Respondent for his conduct in_ Illinois. 3. Should the Illinois Board enter an order revoking his license to practice medicine in the State of Illinois. the Respondent's license to practice medicine in Georgia shall stand automatically suspended. effective on the date of such order, pending proceedings for revocation, and if the license is revoked. the Board may determine that the license shall not be subject to restoration. 4. The Respondent shall advise the Board of any change in his residence and/or office address or of any change in the status of his Illinois license or of any other licenses held by Respondent. Respondent shall take all necessary steps. including payment of applicable fees. to maintain current licensure status in the State of Georgia. unless otherwise authorized by the Board. 5. The Respondent shall supply a copy of this Consent Order. once approved and docketed. within 10 days from receipt by Respondent, to each hOSpital or other institution in the State of Georgia where he maintains staff privileges of any kind. and to any person in the State of Georgia with whom Respondent is associated in practice, including other physicians and physician?s assistant(s) or to any person or entity for whom Respondent is employed as a physician in the State of Georgia. Nothing contained herein shall relieve Re5pondent of the responsibility to truthfully answer any inquiry concerning the status of his Georgia license. the existence of this Consent?? Order or the action taken by the Georgia Board, regardless of the state or setting in which such inquiry is made. I 6 . The Respondent shall abide by all State and Federal laws regulating the practice of medicine or relating to drugs, the Rules and Regulations of the Composite State Board of Medical Examiners, the terms of any order issued by another lawful licensing authority or consent agreement entered between Respondent and another lawful licensing authority and the terms of this Consent Order. If the Respondent shall fail to abide by such laws, rules or terms or orders. or if it should appear from monitoring reports submitted to the Board that the Respondent is otherwise unable to practice medicine with reasonable skill and safety to patients, the Respondent's license shall be subject to further discipline, including revocation. upon substantiation thereof after notice and hearing. and if revoked the Board in its discretion may determine that the liCense should be permanently revoked and not subject to reinstatement. Respondent hereby agrees that any violation of this Consent Order shall be deemed?s to be sufficient to authorize the Board to order summary suspension of the Respondent's license. pending further proceedings, pursuant to the provisions of the Georgia Administrative Procedure Act, O.C.G.A. or any other statute authorizing emergency action, but Respondent understands that he shall be entitled to an expedited hearing to substantiate such violation(s). if the Board exercises such right. 7. In addition to and in conjunction with any other sanction contained herein, Respondent shall pay a fine of $1.000 payable within 60 days from the effective date of this Consent Order. 8. Approval of this Consent Order by the Composite State Board of Medical Examiners Shall in no way be construed as condoning the Respondent's conduct. and shall not be construed as a waiver of any of the lawful rights possessed by the Board. This Consent Order shall not become effective until approved by the Composite State Board of Medical Examiners and docketed by the Joint Secretary. 9. Respondent, William R. Almon. acknowledges that he has read this Consent Order and that he understands its contents. Respondent understands that he has the right to a hearing in this matter. and Respondent freely. knowingly and voluntarily waives such right by entering into this Consent order. Respondent understands that this Consent Order will not become effective untilJapproved by the Composite State Board_of Medical Examiners and docketed by the Joint Secretary. Respondent further understands and agrees that a representative of the Department of Law may be present during the presentation of this Consent Order and that the Board shall have the authority to review the investigative file and all relevant evidence in considering this Consent Order. Respondent further understands that this Consent Order. once approved. shall constitute a public record which may be disseminated as a disciplinary action of the Board. If this Consent Order is not approved. it shall not constitute an admission against interest in this proceeding, or prejudice the ability of the Board to adjudicate this matter. Respondent consents to the terms of discipline contained herein. Approved. thissg day of :me? . 1991. COMPOSITE STATE BOARD OF MEDICAL EXAMI ERS BY: Gordon Irwin, D.O. President (Signatures continued on next page) (BOARD SEAL) . ATTEST: WILLIAM G. MILLER. J3. Joint Secretary State Examining Boards Consented to: Respondent Sworn to and subs r'bed before e. this day of 1991. PUELIC My commission expires: start or rumors A . or PROFESSIONAL DEPRRIMENT OF PROFESSIONAL REGULATION of the State of Illinois. Complainant V. WILLIAM mos. License so. ass-072233. .Respondant so. 'as-?m NSENT ORDER The Department of Rrofessional Regulation by Patrick R. Haley. one of its attorneys. and william Almon. HWD.. Respondent. hereby agree to the following: :3 STIPULATIONS Dr. William Almon is licensed as a physician and surgeon in the State of Illinois. holding License No. nae-07:733. At all times smaterial to the matter set forth in this Consent Order. the Department of Professional Regulation of the State of Illinois had jurisdiction over the subject matter and parties herein. Information has come to the attention of the Department that Respondent resigned from his residency program in at the Eisenhower Army Medical Center. Sort Gordon. Georgia for unprofessional conduct with a patient. Respondent chose to resign item the Armed Services as a result o? this action. Such action by Respondent. if proven to be true. would constitute grounds for suspending or revoking Respondent's license as a physician and surgeon. on the authority o? Illinois Revised Statutes (1937). Chapter 111. paragraph 4400-22 (5). Respondent has been advised of the right to have the pending allegations reduced to written charges. the right to a hearing. the right to contest any charges brought. and the right to Page 1 of 4 administrative review of any order resulting from a hearing. Respondent knowingly waives each of these rights. as'well_as'waiving any right'to administrative review of this Consent Order. the :.Respondent immediately reportethhe incident to the Director.of gResidency 'at the Eisenhower Army Medical Center. Port Lee. Georgia - and has fully cooperated'with?the Department's.investigation. Respondent and the Department have agreed. in order to resolve this matter. that Respondent be permitted to enter i?ib a Consent Order with the Department. providing for the imposition of disciplinary measures which are fair and equitable in the circumstances and which are consistent with the best interests of. the people of the State of Illinois. CONDITIONS WHEREPORE. the Department. through Harianne Savaiano Pleisher. its attorney. and William Almon. 3.9.. agree: 3. Respondent's Certificate of Registration. License No. 036-072736 shall be placed on Probation for a period of one (1) year. Respondent shall submit quarterly reports to the Probation Unit regarding his employment status and whether any civil or criminal action including driving under the influence conviction has been taken against Respondent. Page 2 of 4 3. Anydviolation by Respondent of the terms and conditions of this Consent Order shall be grounds for the Departmeht*tO immediately'file a Complaint-to revoke the Respondent's license to'practice asla 'physiciln and surgeon in the State of Illinois. That the Pespondent shall provide a copy of thi!_Order to the Chief Executive Officer and President ofithe Medical Staff of any and all Hospitals where the Respondent currently holds privileges. or at any . Hospital where he has either made application or where - he plans to make application during the tern-of probation. The Respondent shall also be required to provide a copy of this Order to Chief EXecutive Officer of any and all nedical?associations in which he currently holds membership or where he plans to make application during the term of probation. The Respondent shall further provide written proof of said notification to the Department of Professional Regulation within two (2) weeks after the effective date of this Order. Pailure to disclose the information as specified herein shall be a violation of the terms and conditions of this Consent Order. Page 3 of 4 .IE. ?Ihis Consent Order shell become effective ten (10) I dry: after it it approved by the Director of the Depertnent. a - . ovum or pnomszom REWION - of the State o? Illinois - 53:? etr n. I Attorney for the Department L- o, EAIE Wf/e?o DAIE The foregoing Consent Order 1: approved in full. om rare Z?dey or . 19E. DEPARTMENT OF PROFESSIONAL REGULATION of the State of Illinois KEVIN K. WRIGHT DIRECTOR Page 4 of 4 Ctr. 5'5. i 13o? BEFORE THE COMPOSITE STATE BOARD OF MEDICAL STATE OF GEORGIA IN THE MATTER OF: - DOCKET NO. 2'00 WILLIAM R. ALMON. M.D.. License No. 30938. AG NO. 96668-91-FEC Respondent. TO: William R. Almon, M.D. 113 Spring Lakes Drive Martinez, Georgia 30907 You are hereby notified that the Composite State Board of Medical Examiners. through its appointed representative, will hold a hearing at the offices of the Board, 166 Pryor Street, Atlanta, Georgia 30303, at mo'clock, on thewday of M. 1991., for the purpose of hearing charges that, if proven, may result in suspension. revocation or other disciplinary action against your license to practice medicine in the State of Georgia. You are also notified of the following matters: This hearing will be held under the authority and jurisdiction conferred upon the Composite State Board of Medical Erapiners by O.C.G.A. Chsamended, O.C.G.A. 43?1?19 and in accordance with the Administrative Procedure Act, codified-in O.C.G.A. Ch. 13, T. 50, as amended, the Rules and Regulations of the Composite State Board of Medical Examiners and the Rules and Regulations of the Joint Secretary, State Examining Boards. Pursuant to the provisions of O.C.G.A. Ch. 13, T. 50, the Composite State Board of Medical Examiners hereby appoints the hearing officer designated below as hearing officer for the above?styled matter. NAME: Ted Marcus 3355 Lenox Road Suite 1150 Atlanta, GA 30326 ADDRESS: TELEPHONE: (4043 ll 041-? 0? OD The hearing officer shall have the authority to exercise those powers on behalf of the Board enumerated in O.C.G.A. or elsewhere in the Georgia Administrative Procedure Act or the rules of the Joint Secretary, as adopted by the Board, in conducting the hearing. You have the following rights in connection with this hearing: (1) To reapond and to present evidence on any - relevant issue; (2) to be represented by counsel at your expense; (3) to subpoena witnesses and documentary evidence through the Board by filing a request with the Joint Secretary; (4) such other rights as are conferred by the Rules and Regulations of the Board and the Rules and Regulations of the Joint Secretary. State Examining Boards. FILING 0F ANSWER AND OTHER PLEADINGS An Answer to this Notice of Hearing must be filed within fourteen (14) days after receipt or service of this Notice. The original and one duplicate of the Answer and any subsequent pleading or reSponse. each designated as "Original" and "Duplicate" by appropriate marking or stamp, should be filed with the Docket Clerk of the Joint Secretary, 166 Pryor Street. Atlanta, Georgia 30303. An additional copy of the Answer and any Subsequent pleading or response should also be sent to or served upon counsel for the Board. whose name and address appear on the last page of this Notice. Sanction of the Respondent's license is sought pursuant to the following provisions of O.C.G.A. 43-34-37: The board shall have authority to refuse to grant a license to an applicant or to discipline a physician licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (5) Had his license to practice medicine revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him by any lawful licensing*authority; or was denied a license by any lawful licensing authority; (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which lconduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, Or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable and prevailing medical practice or by rule of the board; (10) Violated or attempted to violate a_1aw, rule, or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (ll) Committed any act or omission which is indicative of bad moral character or untrustworthiness; O.C.G.A. 43?1?19(a) provides that a state examining board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has: (5) Had his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings. (8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute. law, or rule: or violated a lawful order of the board previously entered by the board in a disciplinary hearing. consent decree. or license reinstatement. The Board has the authority to refuse to grant a license?fo an applicant. or to discipline a physician licensed in Georgia. if that physician has engaged in unprofessional conduct. For the purpose of the implementation and enforcement of this rule. unprofessional conduct is defined as. but not limited to participating in or aiding the following: Commission of any act of sexual intimacies. abuse. misconduct or exploitation related to the licensee's practice of medicine. 1. The Respondent is licensed to practice medicine in the States of Georgia and Illinois and was so licensed at all times relevant to the matters asserted herein. 2. On or about August 17. 1990, the Respondent had _discip1inary action taken against him by the Illinois Board of Medicine. Said action was based upon allegations that the Respondent engaged in unprofessional conduct with a patient by having a sexual encounter with a patient whom he treated. True and correct copies of the Final Order. Stipulation and Administrative Complaint are attached hereto as Exhibit -5- The foregoing, if correct, constitutes sufficient grounds for the imposition of sanctions upon the Respondent's license to practice medicine in the State of Georgia. under O.C.G.A. and/or This Notice of Hearing is signed and attested by the Joint Secretary of the State Examining Boards, on behalf of the Composite State Board of Medical Examiners. This day of 1992. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS MARJORIE E. LUCAS President (BOARD SEAL) - I WILLIAM G. Joint Secretary Counsel: State Examining Boards FRANCES CULLEN Staff Attorney 40 Capitol Square, Suite 132 Atlanta, Georgia 30334-1300 Telephone: (404) 656-0816