BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINEAIS Composite tate Board of Medical Examiners STATE OF GEORGIA MAR 0 5 2004 IN THE MATTER OF: DOCKET NUMBE at: 0 030 03-3 ORLANDO L. CANO, M.D., DOCKET NO: License No. 014995, Respondent. VOLUNTARY SURRENDER On or about December 12, 2003, a Notice of Hearing was issued by the Of?ce of State Administrative Hearings, based on a referral by the Composite State Board of Medical Examiners (hereinafter the ?Board?). Based upon the existence of said Notice of Hearing and the allegations contained therein, 1, Orlando L. Cano, M.D., holder of License No. 014995 to practice medicine in the State of Georgia, pursuant to O.C.G.A. Ch.34, T. 43, as amended, do hereby freely, knowingly, and voluntarily surrender said license to the Board. I hereby acknowledge that this surrender shall have the same effect as provided under O.C.G.A. and I knowingly forfeit and relinquish all right, title and privilege of practicing medicine in the State of Georgia, unless and until such time as my license may be reinstated, in the sole discretion of the Board. I I acknowledge that I have read and understand the contents of this Voluntary Surrender. I understand that I have a right to a hearing in this matter, and I hereby freely, knowingly, and voluntarily waive such right. I also understand that should the Board entertain any request for reinstatement, the Board shall have access to the entire investigative ?le in this matter. I ?nther understand that upon applying for reinstatement, it shall be incumbent upon me to demonstrate to the satisfaction of the Board that I am able to practice medicine with reasonable skill and safety to patients, and that the Board may investigate my conduct since the time of the surrender of my license. I understand and agree that any reinstatement of the license to practice medicine is'a matter in the sole discretion of the Board and the Board may deny any such reinstatement without identifying a reason for said denial. This surrender shall become effective immediately upon acceptance and docketing by the Board. I understand that this document will be considered to be a public record entered as the ?nal disposition of disciplinary proceedings presently pending against me, and that this action 'shall be considered to be and may be disseminated 'as a ?nal order of the Board. Sworn to and Subscribed this day of- ORLANDO L. 0V . Respondent \?nulliuu??s .. 'ismai?fex??i?reg . '3 JANUARY 23.200? As I ampusucev 6? gq. ##th an?xx (Acceptance of Surrender on following page) ACCEPTANCE OF SURRENDER ,2 The Composite State Board of Medical Examiners, this (9 day ofW 2004, hereby accepts the voluntary surrender of License No. 014995. (BOARD SEAL) COMPOSITE STATE BOARD OF MEDICAL EXAMINERS BY: I GRAC . DAVIS, MD, M.P.H. HUGHES Executive Director 3 BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS STATE OF GEORGIA IN THE MATTER OF: . Composite State Board ORLANDO L. CAN 0, MD, - Of Medical Examiners License No. 014995, DOCKET NO. DEC 0 8 2003 Respondent. DOCKET NUMBER 3 0 oi] ORDER OF SUMMARY SUSPENSION 1. WHEREAS, Respondent is licensed by the Composite State Board of Medical Examiners ("Board'j to practice as a physician in the State of Georgia. ReSpondent was issued license number 014995 on November 8, 1972. Respondent?s license expires on December 31, 2003. 2. WHEREAS, on or about September 23, 2003, Respondent was convicted by a jury in the State Court of Fayette County, Georgia, of two counts of sexual battery. _S?g State v. Orlando L. Quip, Case No. 02-SR-886 (St. Ct. Fayette Co. Oct. 13,2003). 3. WHEREAS, on or about October 13, 2003, Respondent was sentenced to 12 months in jail I on one count and 12 months probation on the second count, to run consecutively. State v. Orlando Lilian- 4. WHEREAS, the Board has received reliable information that Respondent has committed the same or a similar offense against a patient. 5. NOW THEREFORE, the Board ?nds that Respondent's continued practice as a physician poses a threat to the public health, safety, and welfare and imperatively requires emergency action and hereby ORDERS that Respondent's license to practice as a physician _in the State of Georgia be and is hereby SUMMARILY SUSPENDED pursuant to O.C.G.A. pending further proceedings on behalf of the Board, which shall be instituted. If the Respondent wishes to have an expedited hearing, ReSpondent shall execute and ?le with the Of?ce of State Administrative Hearings the original and one copy of the attached! REQUEST FOR EXPEDITED HEARING no later than fourteen (14) days from the day of service or receipt of this Order. Respondent also shall serve a copy of such REQUEST upon counsel for the Board as identi?ed in the REQUEST. This Order is signed and attested by the Executive Director on behalf of the Composite State Board of Medical Examiners. This ?ay of 66M. 2003. - COMPOSITE STATE BOARD OF MEDICAL EXAMINERS GRACE V. DAVIS, M.D., M.P.H. President (BOARDSEAL) (H LASHARN HUGHES Executive Director - DAM ?33? .jl (*Hny 9: . PLEASE DIRECT ALL CORRESPONDENCE TO: WYLENCIA HOOD MONROE - 40 Capitol Square, SW. Atlanta, Georgia 30334 (404) 656-0014 BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Composite State Board STATE OF GEORGIA of Medical Examiners DEC 0 8 2003 IN THE MATTER OF: A I DOSKOET NUgg?l ORLANDO L. CANO, M.D. DOCKET NO. - -- License No. 014995, . Respondent. MATTERS ASSERTED AND STATUTES AND RULES INVOLVED Pursuant to O.G.G.A. 50-13?13, the Composite State Board of Medical Examiners (?the Board?) hereby provides Respondent with the matters asserted and the statutes and rules involved for purposes of disciplinary action against Respondent and his license. The matters asserted below, if correct, constitute-suf?cient grounds for the imposition of sanctions against Respondent's license to practice medicine. MATTERS ASSERTED 1. Respondent currently holds a license to practice medicine in the State of Georgia and was licensed at all times relevant to the matters asserted herein. 2. On or about September 23, 2003, Respondent was convicted by a jury in the State I Court of Fayette County, Georgia, of twocounts 'of sexual battery. SE State Orlando Logging, Case No. (St. Ct. Fayette Co. Oct. 13, 2003). I The accusation charged Respondent with intentionally making physical contact with the breasts and/or buttocks of two employees in violation of O.C.G.A. 16?6-3221. .3. On or about October 13, 2003, Respondent was sentenced to 12 months injail on one count and 12 months probation on the second count, to run consecutively. STATUTES AND RULES INVOLVED 1. Sanction ofRespondent's license is sought pursuant to O.C.G.A. which provides that the Board shall have authority to refuse to grant a license to an applicant or to discipline a physician licensed under that chapter or any antecedent law upon a ?nding by the Board that the licensee or applicant has: (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 I 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; I 2. Furthermore, sanction of Respondent's license is sought pursuant to the following provisions of O.C.G.A. 43-1-19, as amended: 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 er applicant has: (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term ?felony? shall include any offense which, if committed in this state, would be'deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term ?conviction? shall include a ?nding or verdict of guilty, or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (6) Engaged in unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the ?tness 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; and (8) Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing 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. 3. The Supreme Court of Georgia has held that ?the misdemeanor offense of sexual battery, as de?ned by O.C.G.A. 16-6-22.1, is a crime involving moral turpitude.? the Matter of James L. Brooks. 264 Ga. 583 (1994). 4. Pursuant to O.C.G.A. when the Board ?nds that any person is unquali?ed to be granted a license or ?nds that any person should be disciplined pursuant to subsection of this Code section, the Board may take any one or more of the following actions: (A) Refuse to grant a license to an applicant; (B) Administer a public or private reprimand, provided that a private reprimand shall not be-disclosed to any person except the licensee; (C) Suspend any license for a de?nite period; (D) Limit or restrict any license; or (E) Revoke any license. I 5. O.C.G.A. provides that when a state examining board ?nds that any person should be disciplined pursuant to subsection of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license fora de?nite period or for an inde?nite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection "of the public; (5) Revoke any license; or (7) Impose a ?ne not to exceed $500.00 for each violation. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS GRACE V. DAVIS, M.D., M.P.H. President Prepared by: I WYLENCIA HOOD MONROE Assistant Attorney General 40 Capitol Square, S.W. Atlanta, Georgia 303 34- 1 300 (404) 656-0014