SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION BEFORE THE STATE BOARD OF MEDICAL EXAMINERS In the Matter of: DARLINGTON IBIFUBARA HART, M.D. ORDER License No.: MMD.19950 MD 0F Respondent. Case No.: 2011-147 WHEREAS, the Division of Legal Services has provided probable cause warranting an Order of the State Board of Medical Examiners, hereinafter referred to as ?the Board,? to temporarily suspend the Respondent ?'om practice in accordance with the South Carolina Medical Practice Act (SC Code of Laws Ann, 40-47-5, et seq., as amended.)1 THEREFORE, IT IS ORDERED THAT, in accordance with section the Respondent's license to practice medicine in this State is hereby temporarily suspended, effective immediately, pending further Order of the Board. AND IT IS SO ORDERED. STATE BOARD OF MEDICAL EXAMINERS pm I w, 2011 BY: . ab cc m, we LOUIS E. COSTA, II, D.M.D., MD. President of the Board Further reference to the South Carolina Code of Laws and South Carolina Code of Regulations shall be by code section only. Page 1 of 1 In the Matter of: Darlington Ibifubara Hart, License No.: MMD.19950 MD CaseNo.: 2011-147 South Carolina Department of Labor, Licensing Regulation Before the Board of Medical Examiners AFFIDAVIT OF NONSERVICE Respondent. PERSONALLY appeared before me, Larry E. Atkins, who, being duly sworn, states the following: 1. The Af?ant is an Investigator with the South Carolina Department of Labor, Licensing and Regulation Of?ce of Legal Services. On May 20, 201 1, the Af?ant traveled to the Respondent?s Medical Of?ce located at to serve an Order of Temporary Suspension (Private) and Order of Temporary Suspension (Public) upon Respondent. The Af?ant was advised that that Respondent was not present at the clinic. The Af?ant discussed the matter with Ms. Jackie Hollamon, Practice Manager at the Respondent?s Medical Of?ce, who stated that she last had contact with the Respondent on May 10, 2011 when she received a telephone call from the Respondent in which he stated that he would not be in to the clinic. Ms. Hollamon advised the Af?ant that the Respondent?s wife told her that the Respondent was not at his residence but was in England. Ms. Hollamon further advised the Af?ant that she has been requested to contact the Rock Hill Police Department and the FBI if the Respondent contacts her again. The Af?ant did not attempt to serve the Respondent at his last know residence because it is located in Charlotte, North Carolina. Further, Af?ant saith naughtNew?. Public forum 5 Larry E. Atkins, Sr, Chief Investigator - (MC '1 . My CommissiOn Expires South Carollna Department of Labor. - Licensi service SWORN to before me this . I .day of #20 ,2011. Ad fiatij?i 23/? atrium/.1; (L.S.) Notary ?Pubiic for South Carolina '5 My Commission Expires: Cir-r. I7 Elf. SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION BEFORE THE STATE BOARD OF MEDICAL EXAMINERS In the Matter of: Darlington Ibifubara Hart, M.D. License No.: MMD.19950 MD AFFIDAVIT OF PERSONAL SERVICE Respondent. Case No.: 2011-147 The undersigned, Larry Atkins, who being ?rst duly sworn, deposes and says that: 1. He served the above named ReSpondent, who cannot be found at the last known address provided by the Respondent, pursuant to SC. Code Ann. 40-47-1 17(1) (1976, as amended); 2. By personally delivering a copy of the Temporary Suspension Order, Public, together with proof of attempted service at the last known address of the Respondent to Catherine Templeton, the Director of the South Carolina Department of Labor, Licensing Regulation at 1 10 Centerview Drive, Columbia SC 29210 on the 23rd day of May, 2011 at 11:00 am; and 3. He knows the individual so served to be the Director of the South Carolina Department of Labor, Licensing Regulation. SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION Mf?&2_ Larry AQkins, Investigator LLR - Of?ce of Investigations and Enforcement Post Of?ce Box 11329 Columbia, SC 29211-1329 (803) 896-4470 SWO to before me this 1. W) 2011 (LS) Carolina 2? ?23 NORTH CAROLINA l\IEDICAL BOARD Cheryl L. Walker-McGill, MD President Pascal 0. Udekwu, MD President-Elect Eleanor E. Greene, MD Secretary/Treasurer 1203 Front Street Raleigh. North Carolina 27609-7533 Mailing· P.O. Box 20007 Raleigh. North Carolina 27619-0007 Telephone: (919) 326-1100 Fax: (919) 326-1131 Email: info@ncmedboard.org Web: www.ncmedboard.org Hart, Darlington I., MD Charlotte, NC License # 9800560 11/20/14 Board Action: Issue undated license NORTH CAROLINA MEDICAL BOARD Paul S. Camnitz, MD President Cheryl L. Walker-McGill, MD President?Elect Pascal O. Udekwu, MD Secretary/Treasurer 1203 Front Street Raleigh, North Carolina 27609-7533 Mailing: PO. Box 20007 Raleigh, North Carolina 27619?0007 Telephone: (919) 326-1100 Fax: (919) 326-1131 Email: info@ncmedboard.org Web: TEMPORARY MEDICAL LICENSE The North Carolina Medical Board, having reviewed pertinent data, hereby authorizes DARLINGTON IBIFUBARA HART, M.D. to practice medicine and surgery in the State of North Carolina under the laws of the State and the rules of this Board. (Further public records exist at the Board regarding this physician.) License Number: 9800560 Issue Date: 04/17/2014 Expiration Date: 11/30/2014 mm R. David Henderson Executive Director BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF LICENSURE Darlington Ibifubara Hart, M.D., Applicant. This matter was heard by the North Carolina Medical Board (?Board?) on February 20, 2014. Brian Blankenship represented the Board and Alan Schneider represented Darlington Ibifubara Hart, M.D. Hart"). Based upon the evidence presented and arguments of Mr. Blankenship and Mr. Schneider, the Board enters the following: FINDINGS OF FACT 1. The Board is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes. 2. Dr. Hart is a physician seeking to become licensed by the Board. 3. On May 30, 2013, the Board denied Dr. Hart?s application to practice medicine in North Carolina based on Dr. Hart?s having his license to practice medicine acted against within the meaning of' N.C. Gen. Stat. For purposes of this subdivision, the licensing authority's Order of Licensure Darlington Ibifubara Hart, M.D. Page 1 of 5 acceptance of a license to practice medicine voluntarily relinquished by a physician or relinquished by stipulation, Consent Order, or other settlement in response to or in anticipation of the filing of administrative charges against the physician's license, is an action against a license to practice medicine. 4. Dr. Hart timely requested a hearing. 5. In June 2010, Dr. Hart was Ordered by the South Carolina Board to be evaluated at the Behavioral Medicine Institute of Atlanta following allegations of professional sexual misconduct. Dr. Hart was evaluated at BMI in July 2010. BMI found no evidence that Dr. Hart targeted or preyed upon his patients for his own sexual gratification and concluded that Dr. Hart did not pose a threat to the safety of his patients. 6. In October 2010, Dr. Hart entered into a Private Agreement with the South Carolina Board of Medical Examiners (?South Carolina Board") including the regular use of chaperones and has complied with those requirements. 7. In June 2011, Dr. Hart voluntarily surrendered. his North Carolina license to practice medicine pending the Board?s investigation of an allegation of professional sexual misconduct. Order of Licensure Darlington Ibifubara Hart, M.D. Page 2 of 5 8. In December 2012, Dr. Hart signed an agreement voluntarily relinquishing his South Carolina license to practice medicine. 9. Dr. Hart has steadfastly denied all allegations that he committed sexual misconduct. 10. The Board considered several mitigating factors including: (1) despite allegations of misconduct, Dr. Hart has never been convicted of any crime involving sexual misconduct; (2) despite allegations of professional misconduct Dr. Hart has not admitted and has not been found to have committed professional misconduct; and (3) several witnesses, including a female employee, testified that Dr. Hart has good moral character and is a good physician. Based upon the foregoing Findings of Fact, the Board enters the following: CONCLUSIONS OF LAW 1. The Board has jurisdiction over Dr. Hart and the subject matter. 2. Dr. Hart has satisfied the Board of his qualifications for a license to practice medicine in North Carolina, subject to the conditions set forth herein. Order of Licensure Darlington Ibifubara Hart, M.D. Page 3 of 5 NOW THEREFORE 1. The Board shall issue Dr. medicine to expire on the date shown thereon, it is Ordered as follows: ORDER. Hart a license.to practice subject to the conditions set forth below: a. Order of Licensure Darlington Ibifubara Hart, M.D. Dr. Hart has not practiced medicine since June 1, 2011. Therefore, he shall participate in a program of reentry to ensure his safe transition back into the practice of medicine. As a prerequisite to receiving a license, Dr. Hart must present a Reentry Program to the Board President, through the Office of the Medical Director, for approval. Upon approval by the Board President, Dr. Hart will be issued a license to practice medicine to expire on the date shown thereon pursuant to terms described in the Reentry Agreement, which must be signed by Dr. Hart, his mentor, and the Board President. Dr. Hart shall meet with members of the Board six? months after the date the Reentry .Agreement is fully executed and at other times as directed by the Board to discuss his transition back into the practice of medicine and his clinical skills. Dr. Hart shall enter into and maintain a contract with the North Carolina Physicians Health Program Page 4 of 5 and abide by its terms, including the timely payment of any fees required by d. Dr. Hart shall not. commence jpractice 'unless and until he obtains in writing the approval of the Board President of Dr. Hart?s work?site. The approval or non?approval of the work?site is within the discretion of the Board President. e. Dr. Hart shall ensure that a chaperone who has read this Reentry Agreement is present at any time he examines a female patient. The chaperone shall document in the patient?s medical record that he/she was present during the examination. 4. The terms and conditions of this Order shall continue in. effect for' not less than five jyears and. thereafter until specifically ordered otherwise by the Board. This the 8th day of April, 2014. NORTH CAROLINA MEDICAL BOARD Paul S. Camnitz, M.D. President Order of Licensure Darlington Ibifubara Hart, M.D. Page 5 of 5 BEFORE THE NORTH CAROLINA MEDICAL BOARD In Re: Darlington I. Hart, M.D., ORDER TO CONTINUE Respondent. This matter is before the undersigned President of the North Carolina. Medical Board (?Board?) regarding the hearing scheduled for October 17, 2013, in the above-captioned case. I hereby enter the following ORDER: The hearing scheduled for October 17, 2013, is hereby continued and shall be heard at 8:00 a.m. on February 20, 2014, or as soon thereafter as the Board or a panel thereof may hear it. All corresponding Scheduling Order dates shall reflect the new hearing date. This the 30th day of September, 2013. NORTH CAROLINA MEDICAL BOARD By: William A. walker, M.D. President Order to Continue Darlington I. Hart, M.D. Page 1 of 2 CERTIFICATE OF SERVICE The undersigned attorney for the Board. hereby certifies that on this date he served the foregoing Order to Continue to Respondent Darlington I. Hart, M.D., by and through his counsel, by serving a copy thereof via electronic :mail, addressed as follows: Alan M. Schneider, Esq. This the 30??day of September, 2013. I, Brian L. Blanke?Ship Board Attorney North Carolina Medical Board 1203 Front Street Raleigh, NC 27609 (919) 326-1109, ext. 239 Order to Continue Darlington I. Hart, M.D. Page 2 of 2 BEFORE THE NORTH CAROLINA MEDICAL BOARD In Re: Darlington I. Hart, M.D., Respondent. ) ) ) ) ) ORDER TO CONTINUE This matter is before the undersigned President-Elect of the North Carolina Medical Board ("Board") regarding the hearing scheduled for August 22, 2013, in the above-captioned case. hereby enter the following ORDER: The hearing scheduled for August 22, 2013, is hereby continued and shall be heard at 8:00 a.m. on October 17, 2013, or as soon thereafter as the Board or a panel thereof may hear it. All corresponding Scheduling Order dates shall reflect the new hearing date. This the 31st day of July, 2013. NORTH CAROLINA MA: 16AL BOARD Air By: Al Paul S. Camnitz, M.D. President-Elect Order to Continue - Darlington I. Hart, M.D. Page 1 of 2 CERTIFICATE OF SERVICE The undersigned attorney for the Board hereby certifies that on this date he served the foregoing Order to Continue to Respondent Darlington I. Hart, M.D., by depositing a copy thereof in the United States mail, postage prepaid, and addressed as follows: Alan M. Schneider, Esq. Cheshire, Parker, Schneider and Bryan P.O. Box 1029 Raleigh, NC 27602-1029 This the 31st day of July, 2013. Brian L. B -ankeOhip Board Attorney North Carolina Medical Board 1203 Front Street Raleigh, NC 27609 (919) 326-1109, ext. 239 Order to Continue - Darlington I. Hart, M.D. Page 2 of 2 State of North Carolina Wake County Before the North Carolina Medical Board In Re Darlington I. Hart, MD MOTION TO CONTINUE COMES NOW the Petitioner, and without objection by Counsel for the Board, moves for a continuance of the hearing in this case. In support of this motion, the Petitioner shows the following: 1. The hearing in this matter is currently scheduled on August 22, 2013. 2. Undersigned counsel has a scheduling conflict on this date. Additionally, further information and discovery is necessary in order to adequately prepare to address the issues which form the basis of this matter. 3. Counsel for the Board, Brian Blankenship, has been notified regarding the above referenced motion and does not oppose this request for a continuance. WHEREFORE, the Petitioner, by and through undersigned counsel, respectfully requests that this matter be continued from August 22, 2013 and rescheduled for a date no earlier than Sixty (60) days from the date of the filing of this motion. RESPECTFULLY SUBMITTED this the day of July, 2013. PARKED SCI- 1 IDER & BRYAN Alan M. Schneider. P.O. Box 1029 Raleigh, North Carolina 27602 Telephone: (919) 833-3114 Attorney for Petitioner CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion to Continue was sent via electronic mail and U.S. Mail with proper postage to the following: Brian Blankenship Board Attorney North Carolina Medical Board 1203 Front Street Raleigh, North Carolina 27609 .2 Brian.blankenship@NCMEDBOARD.ORG 4+^- This the 4-'1 day of July 2013. Alan M. Schneider BEFORE THE NORTH CAROLINA MEDICAL BOARD In Re: Darlington Ibifubara Hart, M.D., SCHEDULING ORDER Petitioner. The undersigned Presiding Officer hereby enters the following Scheduling Order. This Scheduling Order may be later amended in the discretion of the Presiding Officer based upon information provided by the parties. 1. All preliminary motions, including motions for continuances, shall be filed no later than fourteen (14) days prior to the date of the hearing. 2. The parties shall arrange a prehearing conference at which they shall endeavor to prepare in good faith a prehearing stipulation. The prehearing stipulation shall be submitted to the undersigned no later than ten (10) days prior to the hearing date. 3. Unless otherwise permitted by the Presiding Officer, all exhibits shall be provided to the Board electronically. Exhibits that are stipulated into evidence, or agreed or ordered to be admitted into evidence during the prehearing conference, shall be furnished to the Board along with the prehearing stipulation seven (7) days prior to the hearing date. Scheduling Order - Darlington Ibifubara Hart, M.D. Page 1 of 3 4. Discovery shall be completed on or before August 7, 2013; however, depositions de bene esse may be taken outside the period of discovery. This the 11th day of June, 2013. NORTH CAROLINA MEDICAL BOARD By: William A. Walker, M.D. President, Presiding Officer Scheduling Order - Darlington Ibifubara Hart, M.D. Page 2 of 3 CERTIFICATE OF SERVICE The undersigned attorney for the Board hereby certifies that on this date he served the foregoing Scheduling Order, by and through his attorney, by electronic mail as follows: Alan M. Schneider alan.schneider@cheshirepark.com Cheshire Parker Schneider & Bryan P.O. Box 1029 Raleigh, NC 27602-1029 This the 11th day of June, 2013. Brian BlankenshiP Board Attorney North Carolina Medical Board 1203 Front Street Raleigh, NC 27609 (919) 326-1109 ext. 239 Scheduling Order - Darlington Ibifubara Hart, M.D. Page 3 of 3 BEFORE THE NORTH CAROLINA MEDICAL BOARD In Re: Darlington Ibifubara Hart, M.D., ) NOTICE OF HEARING ON LICENSE DENIAL Petitioner. Pursuant to N.C. Gen. Stat. § 90-14.1 and the request of Petitioner for a hearing following the denial of his application for a license to practice medicine and surgery in North Carolina by letter of the North Carolina Medical Board ("Board") dated May 30, 2013, it is hereby ordered that a hearing be held before the Board or a panel thereof on August 22, 2013, at 8:00 a.m. or as soon thereafter as possible, at the offices of the Board, 1203 Front Street, Raleigh, North Carolina to continue until completed. You may appear personally and through counsel. Unless otherwise permitted by the presiding officer, all exhibits shall be provided to the Board electronically. All preliminary motions, including motions for continuances, shall be filed no later than fourteen (14) days prior to the date of the hearing. This the 11th day of June, 2013. NORTH CAROLINA MEDICAL BOARD By: William A. Walker, M.D. President, Presiding Officer CERTIFICATE OF SERVICE The undersigned attorney for the Board hereby certifies that on this date he served the foregoing Notice of Hearing on License Denial to Petitioner, by and through his attorney, by electronic mail as follows: Alan M. Schneider alan.schneider@cheshirepark.com Cheshire Parker Schneider & Bryan P.O. Box 1029 Raleigh, NC 27602-1029 This the 11th day of June, 2013. Brian Blankenship Board Attorney North Carolina Medical Board 1203 Front Street Raleigh, NC 27609 (919) 326-1109 ext 239 NORTH CAROLINA MEDICAL BOARD William A. Walker, MD President Paul S. Camnitz, MD President?Elect Cheryl L. Walker-McGill, MD Secretary/Treasurer R. David Henderson Executive Director 1203 Front Street Raleigh, North Carolina 27609-7533 Mailing: PO. Box 20007 Raleigh, North Carolina 27619-0007 Telephone: (919) 326-1100 Fax: (919) 326-1131 Email: info@ncmedboard.org Web: May 30, 2013 Via Certi?ed Mail Return Receipt Requested Darlington 1. Hart, MD. 14701 Brick Church Court Charlotte, NC 28277 Dear Dr. Hart: This is to inform you that the North Carolina Medical Board (?Board?) has DENIED your application for reinstatement of your license to practice medicine in North Carolina. Among the facts considered by the Board in making its determination to deny your application for a license are the following: 1. Your history with the Board, including a July 14, 2004, private letter of concern regarding allegations of simple assault that occurred in 2001; a June 24, 2010, private letter of concern regarding a boundary violation of a female patient; a 2011 investigation of the emergency immediate summary suspension of your South Carolina medical license regarding allegations of sexual assault in which you voluntarily surrendered your North Carolina medical license on June 2, 2011; and a 2011 investigation regarding allowing a physician assistant to practice without an Intent to Practice and assisting the unlicensed practice of medicine. 2. Your history with the South Carolina Board of Medical Examiners Board?), including a 2001 private letter of concern regarding an allegation of inappropriately hugging a female patient; a 2003 private letter of concern regarding an allegation that you asked to speak to a female employee in the of?ce after hours and then sexually assaulting her; a 2008 allegation by the SC Board that you initiated sexual contact with a patient during an of?ce visit on two occasions; a 2009 allegation by the SC Board that you traded sex for medications; and 2010 allegations by the SC Board that you raped a patient and then gave her narcotics; a October 29, 2010, Private Agreement with the SC Board in which you agreed to use a chaperone with 100% of your patients, the chaperone would countersign the medical records, you would take a boundaries course, continue to be monitored and submit to a polygraph exam every six months; a December 3, 2012, Agreement to Relinquish License to Practice Medicine in SC you Darlington 1. Hart, MD. May 30, 2013 Page 2 entered into with the SC Board in which you agreed to waive further proceedings, cease the practice of medicine immediately and give up forevermore the right to practice medicine in South Carolina. You are entitled to a formal hearing before the Board upon your request ?led with or mailed by certi?ed mail to the Executive Director of the Board at the address shown herein within ten (10) days after you receive this letter. You must state the reasons for your request. The Board shall, within twenty (20) days of receipt of your request, notify you of the time and place of this public hearing. The burden of satisfying the Board of your quali?cations for approval shall be upon you. Sincerely, R. David Henderson Executive Director 06/01/2011 13:55 7043322716 RSFMLAW PAGE 03/03 NORTH CAROLUtA MECAL BOARD VOLUNTARY SURRENDER PORM Name: Address: ~ - UcnSe # g Da eOf iirth b r -- ' MN ' Phone #M cs. r__ - ? cS-. 3''A - -A 'r 'qi 3 AM I hereby surrender my license to practice medicine issued by the Board effective upon receipt of this document by the Board or Its agent. I understand that I may not give medical advice or treabMent to any person, with or without compensation; may not prescribe drugs; and may not otherwise engagelInthe-practiceof rmedicine within the meaning of N.C. Gen. Stat. §90-18. Once tendered, thii deelslon to surrender my ticense.may not be withdrawn. I understand that the surrender of my license does not praclude the hoard from bringing charges against me at a later date. I understand that I have obligations to pabents that continue beyond the surrender of my license including, but not limited to. winding up my practice in an orderly fashion, assisting patents In ensuring continuity of their care, and preserving patient records and access thereta. I understand that this document is a public document within the meaning of Chapter 132 of the North Carolina General Statutes and shall be subject to pulc nspectionl and dissemination pursuant to the provisions thereof. Additionally, it may be reported to persons,: entitles, agencies, ard learinghousos as required by and permitted by law including, but not limited to, the rederation of State Medical Boards, the National Practitioner's Date Bank, and the Healthcare Integrity and Protection Data Bank. I understand my right to and I have'been given thn opportunity to consult with an attorney, at my own expense, before tendering. this surrender of my license. - I have made the decislon to surrender my license to practice medicine knowingly, voluntarily, and of my own free will. I agree to retum my license and registration certificates to the Board- as promptly as possible. Any failure on my part to do so does not in any way effect the validity of lids surrender of my license. - Date: Signature: - Witness: NORTH CAROLINA MEDICAL BOARD Janice E. Huff, MD President Ralph C. Loomis, MD President-Elect William A. Walker, MD Secretary/Treasurer Pamela L. Blizzard Paul S. Camnitz, MD Karen R. Gerancher, MD Eleanor E. Greene, MD Thomas R. Hill, MD Donald E. Jablonski, DO Thelma C. Lennon John B. Lewis, Jr. LLB Peggy R. Robinson, PA-C R. David Henderson Executive Director 1203 Front Street Raleigh, North Carolina 27609-7533 Mailing: PO. Box 2000? Raleigh, North Carolina 27619-0007 Telephone: (919) 326-1100 Fax: (919) 326-1131 Email: info@ncmedb0ard.org Web: PERSONAL AND CONFIDENTIAL June 1, 2011 Dr. Darlington lbifubara Hart 14701 Brick Church Court Charlotte, NC 28277 Re: License Surrender Dear Dr. Hart: This will acknowledge receipt of your Voluntary Surrender Form of June 1, 2011. The surrender of your license to practice medicine (license number 9800560) issued by the North Carolina Medical Board becomes a public record according to North Carolina law. You are required to reapply if you wish to reinstate your license. Should you have questions regarding this matter, please feel free to call. Sincerely, REG-vii R. David Henderson Executive Director SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING & REGULATION BEFORE THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS In the Matter of: DARLINGTON IBIFUBARA HART, M.D. AGREEMENT TO RELINQUISH LICENSE TQ PRACTICE MEDICINE License No.: MMD.l99S0 MD Respondent. Case No.: 2010-110 2011-147 WHEREAS the State Board of Medica) Examiners (the Board) has received an initial complaint of misconduct with respect to Darlington Ibifubara H~ M.D. (Respondent), regarding allegations of professional misconduct; and WHEREAS, the Board has conducted an investigation regarding possible violations of the Medical Practice Act regarding the Respondent without entering any findings; and WHEREAS, the Respondent has denied any and all allegations contained in the complaint of professional misconduct; and WHEREAS, the Respondent has advised that he wishes to cease the practice of medicine immediately, waive further proceedings, and give up forevennore the right to practice medicine in South . Carolina; and WHEREAS, the Respondent understands that he has the right to a hearing and to be represented by counsel in this matter. The Respondent understands and agrees that by entering into this Agreement he voluntarily relinquishes any right to judicial review. The Respondent freely, knowingly, and voluntarily waives any and all such rights and further proceedings in this matter. The Respondent understands and agrees that he will not be eligible to reapply for a license to practice medicine in this State in the future. The Respondent understands and agrees that, once signed, this Agreement is irrevocable on his Part. and shall not be subject to judicial review; and ,. WHEREAS, it is understood and agreed that, pursuant to the South Carolina Freedom of Infonnation Act, this is a public document. THEREFORE, the Respondent does hereby agree to relinquish forevermore his right,to practice medicine in South Carolina, effective immediately upon acceptance by the Board. , I " I AND IT IS SO AGREED. SOUTH CAROLINA BOARD OF MEDICAL (Signatures on page 2) EXAMINERS R1?3? DARLINGTON IBIFUBARA HART, M.D. RESPONDENT ~~ A RNEY FOR RESPONDENT ACCEPTED by the Board this 3rd dayof Dec. 2012. BY: Z?~7 {?t;-l~. ~. Loms E. COSTA, II, D.M.D., MD., President of the Board