THE SOUTH DAKOTA BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS IN THE MATTER OF THE SURRENDER AND SUSPENSION OF SOUTH DAKOTA BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS LICENSE #4624 ISSUED TO DWIGHT KING, MD. ORDER ACCEPTING VOLUNTARY SURRENDER AND SUSPENSION WHEREAS, Dwight King, M.D., is the holder of license #4624 of the South Dakota Board of Medical and Osteopathic Examiners, hereinafter referred to as Board, and WHEREAS, the South Dakota State Board of Medical and Osteopathic Examiners has jurisdiction of the parties and subject matter herein, and WHEREAS, the Board is in receipt of certain information which evidences that Dwight King, M.D., is under investigation for conduct that would affect the practice of Dwight King, M.D., and constitutes grounds for cancellation, revocation, suspension or limitation of any South Dakota license to practice medicine issued to Dwight King, M.D., and . Dwight King ..H voluntary surrender and suspension of medical license #4624 for an indefinite period of time pending conclusion of the investigation, and WHEREAS, the Board accepted the voluntary surrender and suspension of license #4624 issued to Dwight King, M.D., and ratified such voluntary surrender and suspension on December 5, 2006. THEREFORE, IT IS HEREBY ORDERED that license #4624 issued to Dwight King, M.D., is voluntarily surrendered and suspended for an indefinite time period. Dated this Ig?day of 3mm 2006. SOUTH DAKOTA BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS BY Margaret) . Hansen Executive Director DJ. Jul?ldn?l . SOUTH DAKOTA BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS 125 S. Main Avenue Sioux Falls, SD 57104 Phone (605) 367?7781 - (605) 367-7786 Fax Website: i VOLUNTARY SURRENDER OF MEDICAL LICENSE . Dwight King, MD This Statement is being provided to the South Dakota Board of Medical and OsteOpathic Examiners to insure that voluntarily surrender my medical license in South Dakota and any state in which I am licensed, pending completion of an investigation regarding my medical practice. In addition, I will also refrain from prescribing drugs of any type at any time to anyone including myself or members of my family. I understand that my medical license is suspended indefinitely until further notification from the South Dakota Board of Medical and Osteopathic Examiners. 1 agree that the South Dakota Board of Medical and Osteopathic Examiners may inform any state and {or federal agency deemed appropriate by the South Dakota Board of Medical and Osteopathic Examiners of the fact that have surrendered my medical license and have agreed to voluntarily refrain from the practice of medicine and any and all prescribing activities. ,ng . 2006. Dated this .. .. .. .. lmMEe-?D it 4:25:14 . .. . RECEIVED TIME DEC. 1. PRINT TIME DEC. 1. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH HEALTH PROFESSIONAL LICENSING ADMINISTRATION BOARD OF MEDICINE IN RE: Dwight F. King, M.D. Respondent CONSENT ORDER Jurisdiction This matter comes before the District of Columbia Board of Medicine (the Board?) pursuant to the Health Occupations Revision Act (HORA). D.C. Of?cial Code 3-1201.01, et seq. (2009). The HORA authorizes the Board to regulate the practice of medicine in the District of Columbia. The Board has broad jurisdiction to regulate the practice of medicine and to impose a variety of disciplinary sanctions upon a ?nding of a violation of the HORA. D.C. Of?cial Code, 3-1205.14; Mannan v. District of Columbia Board of Medicine, 558 A.2d 329, 333 (D.C.1989). The Council of the District of Columbia, in amending the HORA, ?intended to strengthen enforcement of its licensing laws.? Davidson v. District of Columbia Board of Medicine, 562 A.2d 109, 113 (D.C.1989). And the HORA ?was designed to ?address modern advances and community needs with the paramount consideration of protecting the public interest.? Joseph v. District of Columbia Board of Medicine, 587 A.2d 1085, 1088 (D.C.1991) (quoting Report of the DC. Council on Consumer and Regulatory Affairs on Bill 6-317, at 7 (November 26, 1985)) (emphasis added by court). Page 1 of 7 Backgrom Respondent was initially licensed to practice medicine in the District of Columbia on June 11, 1998. Respondent?s D.C. medical license expired on December 31, 2002. Respondent has submitted an application for reinstatement of his license to practice medicine in the District. On August 21, 2007, Respondent pled no contest to one count of sexual penetration by a a felony, in South Dakota . On October 5, 2007, after receiving his plea, a South Dakota court imposed a sentence that required Respondent to serve executed incarceration for 90 consecutive days starting on the date of the sentence, and placed him on supervised probation for a period of 10 years. The conditions of probation included an additional 70 days of executed incarceration to be served at the rate of seven consecutive days per year for the duration of the probationary period, a ?ne, and restitution to the victimis probation is scheduled to expire on October 5, 2017. The Board reviewed Respondent?s application, and invited Respondent to appear before the Board at its July 25, 2012. Following the meeting, and after having had an opportunity to interview Respondent, the Board voted to grant Respondent a license subject to the terms and conditions of this Consent Order. Because a substantial period of time had lapsed since Respondent?s license expired in 2002, the Board determined that Respondent?s application for reinstatement should be treated as a new applicant for licensure rather than for reinstatement. Conclusions of Law The DC. Board is authorized under the HORA to grant or reinstate a license under D.C. Of?cial Code The HORA provides, in pertinent part, Page 2 of 7 Each board, subject to the right of a hearing as provided by this subchapter, on an af?rmative vote of a quorum of its appointed members may take one or more of the disciplinary any person permitted by this subchapter to practice a health occupation regulated by the board in the District who is convicted or disciplined by a court of any jurisdiction for conduct that would be grounds for disciplinary action under this section. The Board concludes, as a matter of law, that Respondent now meets the eligibility criteria for licensure under the HORA. Based on the foregoing, it is this (1?1 day of ORDER MW 2013, by the District of Columbia Board of Medicine, it is hereby ORDERED that: 1. Respondent?s medical license in the District of Columbia is granted with the terms and conditions listed below upon the effective date of this Consent Order and upon payment of the licensure fee; . Prior to beginning active clinical practice in the District of Columbia, and in View of Respondent?s lack of clinical experience to date, Respondent shall submit a structured entry plan to be reviewed by the Board. Respondent may not practice medicine until the Board has approved the entry plan in writing; Respondent shall submit proof of passing the Special Purpose Examination (SPEX) or the Neurology Board Certi?cation Examination prior to beginning active clinical practice in the District of Columbia. Respondent has passed the SPEX on February 9, 2013 and has submitted proof of passing the SPEX on March 20, 2013; . Respondent submitted proof of completion of 50 hours of continuing medical education (CME) credits at the July 25, 2012 meeting. Within six months of the execution of this Consent Order, Respondent shall complete an additional 16 CME Page 3 of 7 credits in ethics and physician-patient boundaries and submit proof of completion of these courses and receipt of credits to the Board within 30 days thereafter. Proof of successful completion shall be submitted to Lisa Robinson, Licensing Specialist, Board of Medicine, 899 North Capitol Street, NE, 2rld Floor, Washington, DC. 20002. These courses shall have been obtained not earlier than the date of signing this Consent Order, and shall not be used or counted toward the renewal period ending on December 31, 2014 or any other subsequent renewal period; Respondent shall be monitored and practice under the clinical supervision of a Board- approved supervisory physician for a period of at least 12 months, beginning on the effective date of approval of that monitor or supervisor by the Board. Respondent shall be responsible for submitting a copy of the supervising agreement between himself and the Board-approved supervising physician. In the event the supervising physician is unable or unwilling to act as Respondent?s supervisor, Respondent will be responsible for notifying the Board immediately and ?nding a new individual approved by the Board to Supervise Respondent?s practice; . Respondent shall meet with the supervising physician on a bi-weeldy basis and cause a quarterly assessment report to be submitted to the Board by him, which shall include, among other things, whether Respondent?s practice is consistent with the standards of practice and competency in his ?eld during the supervisory period. The report shall also include a list of all patients proctored by Respondent; . Respondent may petition the Board terminate this Consent Order after a minimum of 12 months of supervised clinical practice and subject to paragraph 8 below; Page 4 of 7 10. ll. 12. 13. 522~ Date Respondent shall continue his supervised clinical supervised practice until such time as he receives noti?cation from the Board that this requirement has been terminated; The Board reserves jurisdiction, in connection with any request to terminate this monitoring and supervision requirement, to meet With the Respondent to consider Whether any additional conditions or restrictions on Respondent?s license are necessary to protect the public; This is a public disciplinary action reportable to the National Practitioner Data Bank; Respondent shall comply with all laws and regulations governing medical practice in the District of Columbia Respondent shall be responsible for all costs associated with ful?lling the terms and conditions of this Consent Order; and If Respondent fails to satisfactorily ful?ll the terms of the Consent Order the Board may issue a notice to take formal disciplinary action against Respondent?s license. .r Ja is M. Orlowsk?i; M.D., MACP . iairperson District of Columbia Board of Medicine /5 Page 5 of 7 CONSENT OF RESPONDENT 0 My signature on the foregoing Consent Order signi?es my acceptance of the terms and conditions of the Consent Order and my agreement to be bound by Its prov1310ns. (initial) 0 I acknowledge the validity of this Consent Order, as if made after a hearing in which I would have had the right to counsel, to confront witnesses, to give testimony, to call witnesses on my behalf, and to all other substantive and procedural due process protections provided by the laws of the District of Columbia and the United States of America. G?initial) I also recognize that I am waiving my right to appeal any adverse ruling of the Board had this matter gone to a hearing. iinitial) I expressly acknowledge that by signing this Consent Order, I am voluntarily waiving my right to require the Board to charge me through a notice of intent to take disciplinary action with a violation of this agreement and to require the government to prove such violation by a preponderance of the evidence before suspending my license based upon the failure to satisfactorily ful?ll the terms of the Consent Order. I also expressly acknowledge by signing this Consent Order, I am waiving my right to confront witnesses, give testimony, to call witnesses on my behalf, and to other substantive and procedural due process protections :ovided by the laws of the District of Columbia and the United States of America. @tial) I further expressly acknowledge that by signing this Consent Order, I am waiving my right to appeal this Consent Order, as well as waiving any and all rights, whatsoever, I would have to challenge or appeal that Board?s decision to suspend my license based on the failure to satisfactorily ful?ll the terms of the Consent Order. initial) Page 6 of 7 I acknowledge that in the event that the Board suspends my license based on the failure to satisfactorily ful?ll the terms of the Consent Order, my sole remedy and recourse will be to respond within the time period set forth in this Consent Order with proof of my compliance and that if I fail to do so, my sole remedy and recourse be to comply with the terms of this Consent Order to the satisfaction of the Board. (initial) 0 I have had an opportunity to review this document and to consult with my own legal counsel. choose willingly to sign this Consent Order, and I understand its meaning and effect. [ca 219/} Date THIS CONSENT ORDER SHALL BE DEEMED A PUBLIC DOCUMENT AND SHALL BE DISTRIBUTED AS APPROPRIATE. sky/2% TIMOTHY Notary Public Commonwealth of Massadwselts My Commission Expires Novombor21. 2019 Page 7 of 7