BEFORE THE COLORADO MEDICAL BOARD STATE OF COLORADO CASE NO. 2009-002009-B STIPULATION AND FINAL AGENCY ORDER IN THE MATTER OF THE DISCIPLINARY PROCEEDING REGARDING THE LICENSE TO PRACTICE MEDICINE IN THE STATE OF COLORADO OF LOUIS W. BAIR, JR., D.O. LICENSE NUMBER 3182]. Respondent. IT IS HEREBY STIPULATED and agreed by and between Inquiry Panel (?Panel?) of the Colorado Medical Board (?Board?) and LOUIS W. BAIR, R., D.O. (?Respondent?) as follows: JURISDICTION AND CASE HISTORY 1. Respondent was licensed to practice medicine in the state of Colorado on July 16, 1992, and was issued license number 31821, which Respondent held continuously until it lapsed on May 31, 2009. 2. The Panel and the Board have jurisdiction over Respondent and the subject matter of these proceedings. 3. On or about January 16, 2009, the Panel voted to summarily suspend Respondent?s license to practice medicine, effective January 22, 2009, pursuant to 244-104(4) C.R.S., ?nding that the public health, safety or welfare imperativer required emergency action and that Respondent deliberately and willfully violated the Colorado Medical Practice Act. 4. On January 20, 2009, Respondent entered into a Stipulation for Interim Cessation of Practice (?Interim Stipulation?) in lieu of summary suspension pursuant to C.R.S., which remains in effect until such time as a Final Board Order is issued in this case. 5. On or about July 16, 2009, the Panel reviewed case number 2009-002009-B and thereupon referred the matter to the Attorney General pursuant to 12-36-1 C.R.S., for the preparation and ?ling of a formal complaint. 6. On or about November 4, 2009, the Attorney General ?led a Formal Complaint, Case No. ME 2009-0011, against Respondent before the Of?ce of Administrative Courts, pursuant to 12-36-1186), C.R.S. related to case number 2009-002009-B. 7. It is the intent of the parties and the purpose of this Stipulation and Final Agency Order (?Order?) to provide for a settlement of all matters set forth in case number 2009-002009- B, and Case No. ME 2009-0011 before the Of?ce of Administrative Courts, without the necessity of holding a formal disciplinary hearing. This Order constitutes the entire agreement between the parties, and there are no other agreements or promises, written or oral, which modify, interpret, construe or affect this Order. 8. Respondent understands that: 3. Respondent has the right to be represented by an attorney of Respondent?s choice and ReSpondent has chosen to proceed without representation in this matter; b. Respondent has the right to a formal disciplinary hearing pursuant to 12-36- 118(5), c. By entering into this Order, Respondent is knowingly and voluntarily giving up the right to a hearing, admits the facts contained in this Order, and relieves the Panel of its burden of proving such facts; (1. Respondent is knowingly and voluntarily giving up the right to present a defense by oral and documentary evidence, and to cross-examine witnesses who would testify on behalf of the Panel; e. Respondent is knowingly and voluntarin waiving the right to seek judicial review of this Order. 9. The Panel ?nds that allegations, as set forth in its Formal Complaint before the Of?ce of Administrative Courts, Case No. ME 2009-0011, and incorporated as if set forth fully herein, if proven at hearing, would constitute a prima facie case of unprofessional conduct as de?ned in the Medical Practice Act, and would subject Respondent to discipline. 10. The Panel finds that the acts and omissions described in paragraph 9 above constitute unprofessional conduct pursuant to (cc) and (gg) C.R.S., which provide: 1 "Un rofessional conduct" as used in this article means: (0) Such physical or mental disability as to render the licensee unable to perform medical services with reasonable skill and with safety to the patient; Any act or omission which fails to meet generally accepted standards of medical practice; and (cc) Falsifying or repeatedly making incorrect essential entries or repeatedly failing to make essential entries on patient records; (gg) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to section 11. On June 30, 2010, Judge Spencer of the Of?ce of Administrative Courts, presiding over case no. ME 2009-0011, granted partial summary judgment to the Panel. Speci?cally, Judge Spencer found no genuine issue of material fact that ReSpondent had sexual intercourse with Patients A and in violation of 12-36-1 C.R.S. ReSpondent admits no liability in this ?nding of partial summary judgment 12. Respondent, without admitting liability, and in order to resolve case number 2009- 002009-B and Case No. ME 2009-0011, agrees to relinquish his license in ?ill resolution of the parties? dispute. This Order should not be construed as an admission by Respondent as to any disputed fact alleged the Panel. 13. Based upon the above paragraphs 9 through 11, the Panel is authorized by 12-36- 1 C.R.S., to order conditions upon Respondent?s practice that it deems apprOpriate. PERMANENT RELINQUISHMENT OF LICENSE 14. Commencing on the effective date of this Order, Respondent?s license to practice medicine in the State of Colorado issued by the Board is deemed relinquished. Following relinquishment of Respondent?s license, Respondent shall perform no act requiring a license issued by the Board, nor shall Respondent perform any act in any other location pursuant to the authority of a license to practice medicine granted by the state of Colorado. 15. Respondent agrees not to apply for reinstatement or reactivation of his license, or to apply for a new license issued by the Board at any time in the future. OTHER TERMS 16. The terms of this Order were mutually negotiated and determined. 17. Both parties acknowledge that they understand the legal consequences of this Order; both parties enter into this Order voluntarily; and both parties agree that no term or condition of this Order is unconscionable. 18. All costs and expenses incurred by Respondent to comply with this Order shall be the sole responsibility of ReSpondent, and shall in no way be the obligation of the Board or Panel. 19. So that the Board may notify hospitals of this agreement pursuant to 12-36- 118(13), C.R.S., ReSpondent presently holds privileges at the following hospitals: 20. This Order and all its terms shall have the same force and effect as an order entered after a formal hearing pursuant to C.R.S., except that it may not be appealed. This Order and all its terms also constitute a valid board order for purposes of 12- 36-1 C.R.S. 21. This Order shall be admissible as evidence at any future hearing before the Board. 22. Invalidation of any portion of this Order by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. 23. During the pendency of any action arising out of this Order, the obligations of the parties shall be deemed to be in full force and effect and shall not be tolled. 24. Respondent acknowledges that undersigned counsel for the Panel will communicate with the Panel regarding any and all factors relevant to the Panel?s decision whether to accept this proposed Order. In the event the Panel rejects this proposed Order, Respondent waives his right, if any, to claim in any forum bias, con?ict, disquali?cation or any violation of Respondent?s rights on the part of the Board and/or any of its members based solely on such communication and/or on the Panel?s knowledge and consideration of this proposed Order and the facts related thereto. 25. This Order shall be effective upon approval by the Panel and signature by a Panel member or other authorized person. Respondent acknowledges that the Panel may choose not to accept the terms of this Order and that if the Order is not approved by the Panel and signed by a Panel member or other authorized person, it is void. 26. Upon becoming effective, this Order shall be open to public inspection and shall be publicized pursuant to the Board?s policies and procedures. Additionally, this Order shall be reported to the Federation of State Medical Boards, the National Practitioner Data Bank/Healthcare Integrity and Protection Data Bank and as otherwise required by law. Lobrs?vw BAIR, JR., D.0. I THE FOREGOING was acknowledged before me thisgf: day of 2010 by LOUIS . County of ,State of 6?29 5-520/2. THE FOREGOING Stipulation and Final Agency Order is approved and effective this ngay of $352,, I: 2010. FOR THE COLORADO MEDICAL BOARD INQUIRY PANEL M44. APPROVED AS TO FORM: FOR THE BOARD OF MEDICAL EXAMHNIERS JOHN W. SUTI-IERS Attorney General MW ILENE WOLF 28898? CHARMAINE CHEUNG ROSE, 39109? Assistant Attorneys General Business and Licensing Section Attorneys for the Colorado Board of Medical Examiners Inquiry Panel 1525 Sherman Street, 7th Floor Denver, Colorado 80203 Telephone: (303) 866-5275/5268 FAX: (303) 866-5395 *Counsel of Record BEFORE THE STATE BOARD OF MEDICAL EXAMINERS STATE OF COLORADO CASE NO. 2009-002009-B INTERIM CESSATION OF PRACTICE AGREEMENT IN THE MATTER OF THE LICENSE TO PRACTICE MEDICINE IN THE STATE OF COLORADO OF LOUIS W. BAIR, Jr., D.O., LICENSE NUMBER DR-31821, Respondent. IT IS HEREBY STIPULATED and agreed by and between Inquiry Panel (?Panel?) of the Colorado State Board of Medical Examiners (?Board?) and Louis W. Bair, D.O., (?Respondent?) as follows: 1. Respondent was licensed to practice medicine in the state of Colorado on July 16, 1992 and was issued license number 31821 which Respondent has held continuously since that date. 2. The Panel and the Board have jurisdiction over Respondent and over the subject matter of this proceeding. 3. On January 15, 2009, the Panel reviewed information relating to Board Case number 2009-002009-3 and found that based upon the information reviewed, the Panel had reasonable grounds to believe that Respondent has deliberately and willfully violated the Colorado Medical Practice Act. Accordingly, the Panel voted to summarily suspend Respondent?s license pursuant to section C.R.S. 4. In lieu of summary suspension pursuant to section C.R.S., the parties have agreed to enter this Interim Cessation of Practice Agreement (?Interim Agreement?) pending further evaluation and investigation of Respondent?s practice to determine what ?irther actions, if any, are warranted. Any summary suspension is hereby stayed pursuant to the terms of this Interim Agreement. 5. Respondent agrees that he will not perform any act requiring a license issued by the Board while this Interim Agreement is in effect. 6. This Interim Agreement shall remain in effect until such time as the parties reach a ?nal disposition of this case or, in the event additional summary suSpension proceedings are initiated, until such time as an order for summary suspension enters. 7. The Panel agrees that it will not institute summary suspension proceedings while this Interim Agreement is in effect so long as the Respondent remains in compliance with this Interim Agreement and so long as the Panel does not learn of substantially new information that would indicate that summary suSpension is warranted. 8. Nothing in this Interim Agreement shall constitute disciplinary action, a ?nding that Respondent has engaged in unprofessional conduct, or any admission by Respondent of unprofessional conduct. There have been no ?nal determinations regarding Respondent?s professional competence or professional conduct. Nothing in this Interim Agreement shall constitute ?nal actions as de?ned in section 24?4-102( 1 C.R.S. 9. Nothing in this Interim Agreement shall preclude the Panel from initiating disciplinary action pursuant to section 12-36-118, C.R.S., or issuing a Final Agency Order even while this Interim Agreement is in effect. 10. Respondent understands that Respondent has the right to be represented by counsel of Respondent?s choice in this matter and Respondent is so represented in this matter. 11. The terms of this Interim Agreement were mutually negotiated and determined. 12. Both parties acknowledge that they understand the legal consequences of this Interim Agreement, both parties enter into this Interim Agreement voluntarily, and both parties agree that no term or condition of this Interim Agreement is unconscionable. 13. This Interim Agreement and all its terms constitute a valid board order for purposes of section C.R.S. 14. So that the Board may notify hospitals of this Interim Agreement, Respondent presently holds privileges at the following hospitals: Community Hospital, Grand Junction St. Mary?s Hospital, Grand Junction Grand River Hospital, Ri?e 15. Invalidation of any portion of this Interim Agreement by judgment or court order shall in no way affect any other provision, which provision shall remain in full force and effect. 16. This Interim Agreement shall be effective upon signature by Respondent. Respondent acknowledges that the Panel may choose not to accept the terms of this Interim Agreement and that if the Interim Agreement is not approved by the Panel and signed by a Panel member, it is void. 17. This Interim Agreement constitutes the entire agreement between the parties, and there are no other agreements or promises, written or oral, which modify, interpret, construe or affect this Interim Agreement. 18. All costs and expenses incurred by Respondent to comply with this Interim Agreement shall be the sole reSponsibility of Respondent, and shall in no way be the obligation of the Board or Panel. . Jan 20 2003 HP LHSERJET FHH P.4 19. This Interim Agreement shall constitutc a public record but is not reportable to the National Practitioner Data Bank or to the Healthcare Integrity Protection Data Bank. 4. E?ouis Bait, IL, D0. The foregoing was acknowledged before me day of 3-: ,2009 by?m $.Bair.1r.. ?m County of State ofm. KIMBERLY .I ?m Notary rubuc. not. of?cial!? Commission expiration date THE FOREGOING Interim of Practice Agog-mm is approved and cocaine this 2-1 day of .2009. I FOR THE COLORADO STATE BOARD OF MEDICAL EXAMINERS INQUIRY PANEL 3 01/20/09 TUE 12:45 NO 8144] Jan :u HP LHSERJET F?x APPROVED as TO FORM: FOR THE BOARD OF MEDICAL EWNERS FOR JOHN W. SUTHERS 811. KEY, P.C. Attorney GARY B. BLUM. #3892 1LENE WOLF 2339a- The Smith Mansion First Assistant Attorney General 1801 York Sheet Deliver, Colorado 80206 Telephone: (303] 399-3000 Fax: (303) 399-2650 Business and Licensing Section Attorneys forth: Colorado Board of Medical Examiners Inquiry Panel 1525 Shannan Street, 5th Floor Duvet, Colorado 80203 Telephong: (303) 866-5275 FAX: [303) 866-5395 of Rocord 01/20/09 TUE 12:48 NO 8144]