LICENSE E-8662 IN THE MATTER OF BEFORE THE THE LICENSE OF TEXAS STATE BOARD i PHILIP J. LEONARD, M.D. OF MEDICAL EXAMINERS TEMPORARY SUSPENSION ORDER On this the day of . 2003, came on to be heard before the Texas State Board of Medical Examiners ("the Board" or "the Texas Board"), duly in session the matter of the license of Philip J. Leonard, M.D. ("Respondent"). A temporary suspension hearing was authorized on February 21, 2003. On this the 3rd day of March 2003, came to be heard before the Disciplinary Panel (hereinafter ?the Panel?) of the Texas State Board of Medical Examiners (hereinafter "the Board"), duly in session, the matter of the Application for Temporary Suspension of the license of Philip J. Leonard, M.D., (hereinafter "Respondent"). The hearing continued on March 4 and March 8, 2003. Staff attorney, Scott M. Freshour, represented Board staff. Respondent appeared and was represented by counsel, Timothy Weitz. Based on evidence and information submitted - at the hearing, the Board through the Panel makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Respondent, Philip J. Leonard, M.D., holds Texas medical license E-8662. 2. The Respondent's Texas medical license was in full force and effect at all times and dates material and relevant to this Application. 3. All jurisdictional requirements have been satis?ed. 4. Based on information presented by Paulette Southard, Informal Settlement Conference panel member, and pursuant to 22 Texas Administrative Code Section 187.56, the Disciplinary Panel of the Board was convened to consider evidence that Respondent, through the practice of medicine, constitutes a continuing threat to the public welfare. 5. Respondent is board certi?ed in neurology. 6. Respondent has been in the practice of medicine in Texas since 1977. 7. Respondent is ?fty-one (51) years of age. Page 1 0f7 8. Respondent is subject to Board investigation relating to allegations of sexual misconduct with patients. 9. Respondent was arrested by the Austin Police Departrnent for public lewdness involving two patients. A 10. Respondent was arrested a second time by the Austin Police Department for attempted sexual assault involving a patient. 11. There was testimony, sworn statements and/or police reports from seventeen (17) patients, who all state that Respondent touched them in an inappropriate sexual manner on one or more occasions while being examined or treated by Respondent. 12. Many of these patients? allegations were similar in nature concerning Respondent rubbing his erect penis on them, fondling their breasts, and/or pushing his groin against their body. 13. There was corroborating outcry testimony from other witnesses made at or near the time of the alleged inappropriate contact. 14. The panel ?nds that the testimony, sworn statements and police reports of the following patients are credible and reasonably consistent, and ?nds that Respondent committed the acts as described below: a. Patient When performing a nerve conduction test Respondent?s arm came into contact with breasts. Respondent continued to rub breast during the entire test. During the test, L.N. observed Respondent with an obvious erection. b. Patient D.V.: Respondent treated D.V. with injections in the back or on the inside of her leg near her pubic area without a nurse present. Respondent had D.V. pull her pants down to expose her [buttocks and then stood behind her to administer injections. While behind the patient Respondent pulled her close to him and rubbed his clothed, erect penis against her buttocks. D.V. states that she reported Respondent?s inappropriate conduct to Ken Hunnicut, a Social Security disability analyst, who dissuaded her from pursuing the allegation. 0. Patient C.K.: Respondent treated OK. with injections in her neck and at the base of the skull. While administering the injections Respondent pressed the front side of his body against the backside of her body. OK. ?3 Page 2 0f 7 testimony was corroborated by Susan Howard, who testi?ed that C.K. immediately called her and described the conduct. (1. Patient S.D.: Respondent treated SD. in June 2001. During the examination, Respondent pushed the front of his body up against her buttocks, and she could feel that the Respondent had an erection. testimony was corroborated by Marilyn Swint, a nurse practitioner and patient advocate, who testi?ed that S.D. called her and described the conduct. S.D. also reported the conduct to the TWCC as re?ected in note dated November 17, 2000 in her TWCC ?le. e. Patient D.H.: Respondent treated D.H. by administering injections to the patient?s hip area. To administer the injections, Respondent had patient bent .over the table, and he would pull the patient?s pants down to just over the top of her buttocks. While administering the injections Respondent began pressing his erect penis against her buttocks. testimony was corroborated by, Dr. Michael McClung, D.C., who testi?ed that D.H. told him about Respondent?s behavior when he suggested that she go see Respondent. f. Patient M.A.S.: Respondent treated M.A.S. in July 2002, for migraine headache. While conducting an examination of her neck, Respondent began rubbing his erection against her knee. On one occasion Respondent gave M.A.S. two injections that made her dizzy and weak. Respondent assisted her to the examining table and then fondled her breasts, and rubbed her inner thigh area. g. Patient F.D.: Respondent treated F.D. with an injection in the back of her neck. Prior to administration of the injection, Respondent pulled her dress down her shoulders and rubbed his erect penis against her back. Respondent also had F.D. stand up and he pressed his erect penis against her buttocks Respondent also grabbed her breasts. sworn statement was corroborated by Christine Eady, D.O. who testi?ed that F.D. reported Respondent?s inappropriate to her. Page 3 0f 7 h. Patient C.B.: ReSpondent treated C.B. on August 13, 2001, for pain in her lower limbs and back. While conducting an examination Respondent rubbed his erect penis against her leg and began moving back and forth against her body. C.B. testi?ed that respondent got down on his knees between her legs and asked her to squeeze him. i. Patient E.U.: Respondent treated EU. on December 28, 2000, for migraine headaches. While conducting the examination, the Respondent leaned forward onto the patient and rubbed his penis against her knees. The Respondent then had E.U. lie down on a table and he pulled her pants and underwear down below her buttocks. When the patient then attempted to pull up her pants, the Respondent insisted that he do it, and while pulling up her pants he stuck his thumb into her perineum area. E.U. reported the incident to the police on the next day. j. Patient L.B.: Respondent treated L.B. for a back injury. On one Visit, the Respondent had the patient remove her blouse, so that he could give her a breast exam. This was done without the presence of a nurse, and he rubbed his ?ngers all over her breasts, including the nipple area. Patient L.B. also stated that Respondent pushed his ?st or elbow between her legs going into her buttocks and crotch. L.B made a sworn allegation to the TSBME on May 24, 2002 detailing the allegations. This was prior to Respondent?s arrest and the media attention regarding Respondent. k. Patient While treating M.T., Respondent had her undress and there was no nurse present in the room. Then Respondent had the patient stand? up with her arms extended out from her sides and stood behind her, he then grabbed her breasts. Later in the examination Respondent placed his hand into her panties and attempted to fondle and rub her vagina. Dr. Parker testi?ed that M.T. ?s statements were credible. 1. Patient A.B.: While examining A.B., Respondent stood in front of her and rubbed his erect penis against her leg. Respondent also administered injections to the back of the head of AB. While administering these injection Respondent pressed his erect penis against the patient?s back. Page 4 0f 7 Respondent also leaned the patient?s head back and held it against his crotch. 111. Patient H.B.: Respondent treated H.B. and While examining the patient Respondent rubbed his erect penis against her leg. 15. Respondent denied that he had intentionally touched any patient in an inappropriate manner, but acknowledged he never had a chaperone when examining patients even when he was doing intimate examinations. 16. Respondent testi?ed that he had settled an allegation brought by a patient who alleged inappropriate touching similar to the present allegations for a $5,000.00 monetary settlement at least two years ago, yet he continued conducting intimate examinations of female patients without a chaperone. 17. Respondent admitted that he did not have his patients sign written informed conSents for invasive procedures, and many of the patients testi?ed that they did not consent verbally to the procedures. 18. In rebuttal to Respondent?s testimony Board staff presented A.R. who testi?ed she was a former employee of the Respondent and also a patient. She stated that Respondent rubbed his groin up against her and had an erection at the time of an examination. She also testi?ed that other patients told her they were uncomfortable being with Respondent. 19. Respondent?s behavior described in the Findings of Fact above is consistent With a diagnosis of frotteurism, a form of paraphilia, which is described in the DSM IV as, ?touching and rubbing against a nonconsenting person.? Dr. George Parker testi?ed that treatment of such a sex offender is very dif?cult and requires the control of an outside entity. 20. Respondent?s continued, unrestricted practice of medicine would constitute a continuing threat to the public welfare. CONCLUSIONS OF LAW Based on the above Findings of Fact, the Panel concludes the following: 1. Section 164.059 of the Act and 22 Tex. Admin. Code, Section 187 authorizes the Disciplinary Panel to temporarily suspend the license of the Respondent if the Disciplinary Panel determines from evidence and information presented to it that the Respondent?s continuation in the practice of medicine would constitute a continuing threat to the public Welfare. Page 5 0f 7 2. Based on the evidence and information presented and the Findings of Fact set forth herein, the Disciplinary Panel determines that Respondent?s continuation in the practice of medicine would constitute a continuing threat to the public welfare. 3. Further, based on the evidence and information presented and the Findings of Fact set forth herein, the Disciplinary Panel ?nds the likelihood that Board staff could prove by a preponderance of the evidence at an Administrative Hearing that Respondent violated various sections of the Medical Practice Act, speci?cally: a. Respondent is subject to disciplinary action pursuant to Section of the Act based on Respondent?s commission of an act prohibited under Section 164.052 of the Act. b. Respondent is subject to disciplinary action pursuant to Section of the Act based on Respondent?s failure to practice medicine in an acceptable professional manner consistent with public health and welfare. 0. Respondent is subject to disciplinary action pursuant to Section by committing unprofessional or dishonorable conduct that is likely to deceive or de?aud the public, as provided by Section 164.053, or injure the public. Page 6 0f 7 It is therefore ORDERED based on the above Findings of Fact and Conclusions of Law that the Respondent?s Texas medical license is hereby Temporarily Suspended effective March 8, 2003, and that the allegations related to the Application for Temporary Suspension of License be the subject of a disciplinary hearing as soon as practiCable pursuant to the Administrative Procedure Act and the Medical Practice Act. Said hearing is set for March 20, 2003. It is further ORDERED that this temporary suspension shall remain in effect until such time as it is superceded by a subsequent order of the Board. Signed and entered this 10th of March 2003. Thomas D. Kirksey, MD. Acting Chair, Disciplinary Panel Texas State Board of Medical Examiners Page 7 of 7 LICENSE NO. IN THE MATTER OF BEFORE THE COMPLAINT AGAINST I - TEXAS STATE BOARD OF PHILIP JOSEPH LEONARD, M.D. MEDICAL EXAMINERS I AGREED-OED 2004, came on to be heardb'efore the Texas State Board of Medical Examiners ("the Board." or "the Texas Board"), duly in session, the matter of the license of Philip Joseph Leonard, M.D. (?Respondent?). I On March 8, 2003, Respondent?s medical license was temporarily suspended by a disciplinary panel of the Board. The suspensiOn was based on allegations of imprOper sexual contact by the Respondent with female patients. I I I II On March 20, 2003, Respondent appeared in person with counsel, Timothy Weitz, at an Informal Settlement Conference/Show Compliance Proceeding in response to a letter of invitation from the staff of the Board. Elvira Pascua-Lim, MD. and Eddie members of the Board, represented the Board at the hifonnal Settlement Conference/Show Compliance Proceeding. Scott M. Freshour represented Board-Staff at the ISO. Upon the recommendation of the Board?s representatives and with the consent of Respondent, the Board makes the following Findings of Fact-and Conclusions of Law and enters this Agreed Order. FINDINGS FACT The Board ?nds that: 1. Respondent received all notice requiredby law. All jurisdictional requirements have been satis?ed. Respondent waives any defect innOtice and any further right to notice-Or hearing under TEX. OCC. CODE ANN. Title 3, Subtitle Wernon?s ?Act?) or the Rules-eothhe Board. I Page .1 of 8' Pages 2. Respondent currently holds Texas Medical License No. 13?8662. Respondent was originally issued this license to practice medicine in Texas on August 27, 1977. Respondent is not licensed to practice in any other state. 3. Respondent is primarily engaged in the practice of neurology. Respondent is board certi?ed in this specialty by the American Board of Medical Specialties. 4. Respondent is 53 years of age. 5. Respondent has not previously been the subject of disciplinary action by the Board. 5. Respondent is subject to Board investigation relating to allegations of sexual misconduct with multiple female patients. 6. The allegations included claims of Respondent improperly making bodily contact of a sexual nature with multiple female patients. 7. The Respondent is aware of the concerns of the patients and the public. Respondent has been made the subject of related criminal charges, of which one went to trial and resulted in an acquittal and the others are pending a resolution by agreement. 8. Respondent is unaware if he suffers from any conditions that might cause such behavior with patients, but he may suffer from some currently undiagnosed condition. 9. Respondent has also been subject to allegations that he improperly provided private patient information to non-health care providers without consent of the patients. 10. Respondent has cooperated in the investigation of the allegations related to this Agreed Order. Respondent?s cooperation, through consent to this Agreed Order, pursuant to the provisions of Section 164.002 the Act, will save money and resources for the State of Texas. To Page 2 of 8 Pages avoid ?irther investigation, hearings, and the expense and inconvenience of litigation, Respondent agrees to the entry of this Agreed Order and to comply with its terms and conditions. CONCLUSIONS OF LAW Based on the above Findings of Fact, the Board concludes that: 1. The Board has jurisdiction over the subject matter and Respondent pursuant to the Act. 2. Section of the Act authorizes the Board to take disciplinary action against Respondent based upon Respondent?s unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public. 3. Section of the Act authorizes the Board to take disciplinary. action against Respondent based on Respondent?s failure to practice medicine in an acceptable professional manner consistent with public health and welfare. 4. Section 164.001 of the Act authorizes the Board to impose a range of disciplinary actions against a person for violation of the Act or a Board rule. Such sanctions include: revocation, suspension, probation, public reprimand, limitation or restriction on practice, counseling or treatment, required educational or counseling programs, monitored practice, public service, and an administrative penalty. 5. Section 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order. 6. Section 164.002(d) of the Act provides that this Agreed Order is a settlement agreement under the Texas Rules of Evidence for purposes of civil litigation. Page 3 of 8 Pages ORDER Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that: Respondent?s Texas license is hereby RESTRICTED under the following terms and conditions for ten (10) years from the date of the signing of this Agreed Order by the presiding of?cer of the Board: I 1. Respondent shall not engage in any practice of medicine that involves direct or indirect contact with female patients. Respondent Shall limit his medical practice to treating, seeing and diagnosing male patients only. For purposes of this order, the Respondent can review charts of female patients, but he cannot actually see the female patients in any capacity. Respondent is allowed to have another physician in his practice to see female patients, and in the case of any questions Respondent can consult with the physician about female patients, but he cannot see them in any capacity, including being present in a room ?observing female patients who are being seen by another physician or another healthcare provider. This paragraph shall be construed so that Respondent may review charts on female patients as well as consult and confer with other physicians and healthcare providers regarding female patients so long as Respondent is not physically in the room with female patients. 2. Respondent shall personally appear before the Board, a committee of the Board, or a panel of Board representatives at least once every six (6) months during the ?rst ?ve years that this Order is in effect. Such appearances shall be for the purpose of reporting on and addressing I issues related to Respondent's compliance with the terms and conditions of this Order, including a description of his employment, position, and duties. Any appearances thereafter shall be at the discretion of the Board. If an appearance is requested the Board shall provide Respondent with at least thirty (30) days written notice. 3. Respondent shall comply with all the provisions of the Act and other statutes regulating the Respondent?s practice. Page 4 of 8 Pages 4. Respondent shall fully cooperate with the Board and the Board staff, including Board attorneys, investigators, compliance of?cers, consultants, and other employees or agents of the Board in any way involved in investigation, review, or monitoring associated with Respondent's compliance with this Order. Failure to fully cooperate shall constitute a violation of this order and a basis for disciplinary action against Respondent pursuant to the Act. 5. Respondent shall inform the Board in writing of any change of Respondent's mailing or practice address within ten days of the address change. This information shall be submitted to the Permits Department and the Director of Compliance for the Board. Failure to provide such information in a timely manner shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act. 6. Any violation of the terms, conditions, or requirements of this Order by Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, and to injure the public, and shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act. Respondent agrees that ten days notice of a Probationer Show Compliance Proceeding to address any allegation of non-compliance of this Agreed Order is adequate and reasonable notice prior to the initiation of formal disciplinary action. Respondent waives all notice requirements under Section 164.003 of the Medical Practice Act related to informal proceedings, and Section 2001 .054(c) of the Administrative Procedure Act. 7. Respondent acknowledges that he is subject of several criminal charges and investigations in Travis County, Texas, regarding allegations of improper contact with female patients. By entering this order Respondent understands and acknowledges that the Board is expressly reserving, and is not waiving any and all of its rights to take further action against Respondent?s license, in the event of any criminal conviction, arising out of the allegations of sexual misconduct or criminal charges currently pending in Travis County, Texas. Page. 5 of 8 Pages 8. The time period of this Order shall be tolled if Respondent subsequently resides or practices outside the State of Texas, Respondent's license is subsequently canceled for nonpayment of licensure fees, or this Order is stayed or enjoined by Court Order. If Respondent leaves Texas to live or practice elsewhere, Respondent shall immediately notify the Board in writing of the dates of Respondent's departure from and subsequent return to Texas. When the period of tolling ends, Respondent shall be required to comply with the terms of this Order for the period of time remaining on the. Order. Respondent shall pay all fees for reinstatement or renewal of a license covering the period of tolling. 9. The above referenced conditions shall continue in full force and effect, without opportunity for amendment except for clear error in dra?ing, for 24 months following entry of this Order. If, after the passage of the 24-month period, Respondent wishes to seek modi?cation, amendment or termination of these conditions, Respondent may petition the Board in writing. The Board may inquire into the request and may, in its sole discretion, grant or deny the petition without further appeal or review. Petitions for modifying or terminating may be ?led only once a year thereafter. 10. In the event that Respondent does apply for a modi?cation, amendment or determination of this Order, and seeks to return to practice involving female patient care, he shall make the request in writing, and personally appears before the Board. Respondent shall be required to present to the Board clear and convincing evidence and information, which in the sole discretion of the Board adequately indicates that Respondent is physically, mentally, and otherwise competent to safely resume treating female patients. Such evidence and information shall include reports of Respondent?s current mental and physical status clearly indicating that Respondent is able to safely practice medicine. Such records, reports, and evaluations shall speci?cally address any potential or actual impairment of Respondent due to substance abuse or an organic mental condition, and shall address any tendencies toward compulsive behavior, relapse, recidivism, or recurrence in regard to the possibility of actions, conditions, or misconduct similar to that described in the preceding ?ndings of fact. Upon presentation of clear and convincing evidence to the Board that Respondent is able to safely resume treatment of female patients, the Respondent's license may be allowed toresume Page 6 of 8 Pages a practice involving female patient care and contact under such terms and conditions which the Board in its sole discretion determines are necessary to adequately protect the public. Further, if Respondent requests and is allowed to resume a medical practice involving female patient care and contact, he will be subject to all rules and regulations in affect at the time he returns to practice. RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD TO ALL TERMS AND CONDITIONS OF THIS AGREED I ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER. THIS ORDER IS A PUBLIC RECORD. 1, PHILIP JOSEPH LEONARD, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARJLY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE. DATED: ,2004. Philip VJ Osepg Leonard, MD. Respondent STATE OF Ems COUNTY OF SWORN T0 BEFORE ME, the undersigned. Notary Public, on this awe. day of bur/GEM? 2004. MARIA) Signature of Notary Public K- a Cb?iui?c are . a, MARTHA K. CHILEK . . 32g? Printed. 01' nanle AUG. 18? 2007 My comm1ssron expires: J: raj/0 ?7 Page 7 of 8 Pages SIGNED AND ENTERED by the presiding officer of the Texas State Board of Medical Examiners on this 1 (J day of 2004. be And 5 MD, President Texas State card of Medical Examiners Page 8 of 8 Pages