ELE BEFORE THE BOARD OF THE HEALING ARTS JUN 6 200] OF THE STATE OF KANSAS KANSAS STATE BOARD OF In the Matter of - HEALING LOUIS M. CULP, M.D. Case No. 01-HA-23 Kansas License No.4?10453 AGREED ORDER THIS MATTER comes on for consideration by the Kansas State Board of Healing Arts of the Petition to Revoke, Suspend or Otherwise Limit the License of Respondent. Petitioner appears through Stacy L. Cook, Litigation Counsel. Respondent, Louis M. Culp, M.D., appears without counsel. Having reviewed the ?le and being familiar with statements of counsel and being otherwise duly informed in the premises, the Board hereby orders as follows: 1. Respondent was initially licensed to practice medicine and surgery in 1953 and has continued in practice until his temporary suspension on April 16, 2001. 2. On April 5, 2001, Petitioner ?led a Petition to Revoke, Suspend or Otherwise Limit License and also filed a motion. for an order temporarily suspending license. 3. On April 5, 2001, the Board ordered a temporary suspension of Licensee?s license. 4. On April 12, 2001, the Board conducted a hearing to determine whether the emergency temporary suspension should continue. Both parties were present. At that time the Presiding Of?cer, Robert L. Frayser, D.O., ordered that the temporary suSpension would remain in effect until the conclusion of the proceedings. Page -1- 5. At this time, Respondent has transferred all of his ?les to another physician and does not intend to practice medicine and surgery. 6. Respondent agrees to the revocation of his medical license in lieu of further proceedings. Respondent voluntarily and knowingly waives his right to a hearing. IT IS, THEREFORE, ORDERED THAT the license of Respondent, Louis M. Culp, M.D., is revoked. DATED this day of June, 2001. esign PREPARED AND AGREED TO: Stacy L. #16385 Litigation Counsel Kansas State Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603 Telephone (785) 296?7413 AGREED TO: Cay/ma Louis M. Culp, MD. Page -2- FILED BEFORE THE BOARD OF HEALING ARTS OF THE STATE or KANSAS APR 1 6 20m We MW 0" KANSAS STATE BOARD OF LOUIS M. CULP, MD. Docket No. 01-HA-23 HEALING ARTS Kansas License No. 4?10453 EMERGENCY ORDER NOW ON THIS Twelfth Day of April, 2001, this matter comes on for healing upon Petitioner's motion for an emergency order. Petitioner appears through Stacy L. Cook, Litigation Counsel. Respondent Louis M. Culp, MD. appears in person and without counsel. This matter originated with a Petition to Reyoke, Suspend or Otherwise Limit the license of Respondent. An emergency order of suspension was issued at par-re on April 5, 2001, the same day that the petition was filed. A notice of this hearing was served with the petition and suspension order. After hearing the testimony of witnesses and the arguments of the parties, and having the agency record before him, the Presiding Officer makes the following findings of fact, conclusions of law and orders: I. Respondent is licensed by the Board to practice medicine and surgery. He was initially licensed in 1953 and has been continually licensed since that time. 2. On October 13, 2000, Respondent examined Patient DH following a work related injury. This was the first time Patient DH had been seen by Respondent. The patient's complaint was shoulder and lower back pain. 3. During the examination of Patient DH, Respondent initiated what was purported to be a breast examination. During the breast examination, pinched Patient nipples. Respondent made inappropriate comments to the patient. 4. Respondent also used a tuning fork during the examination of Patient DH to check vibratory sense. The Presiding Officer does not find that use of the tuning fork was not indicated, but does find that ReSpondent engaged in misconduct while using the tuning fork. While Patient DH was clothed, Respondent put the tuning fork on Patient crotch and asked her it" it excited her. 5. Respondent then opened the patient?s pants. While the patient?s pants were open, he put his fingers in the patient?s vagina and moved them up and down. Respondent testified that he did not do a pelvic examination, but that he did want to check for any internal injury or hairline fracture to the pelvis. He did not document the vagina] examination. 6. Expert testimony is not necessary for the Presiding Officer to conclude that neither the breast examination nor the vaginal examination, as performed by Respondent, were medically indicated. 7. The Presiding Officer also is able to conclude from Respondent?s conduct with the patient. and by his related remarks that he believes are humorous and which were made throughout the patient encounter and at other times, that Respondent did not recognize the appropriate boundary between patient and physician. While it is not known whether his conduct was for his own sexual pleasure or merely a disregard for the patient?s privacy in sexually related issues, Respondent has engaged in unprofessional conduct as defined at K.S.A. 2000 Supp. 65- 2837th( 6), and in dishonorable conduct as prescribed by K.S.A. 2000 Supp. 8. Regarding Patient LW, there is cause for concern that Respondent did not properly perform the examination of a female patient. This patient?s affidavit supports the -2- findings and conclusions regarding Patient DH pertaining to Respondent?s lack of recognition of professional boundaries. But in light of the short notice to the parties regarding Patient LW's examination, no specific findings of misconduct during that examination are made at this time. Those findings may be made during the formal hearing on the petition. 9. The Presiding Officer finds that Respondent?s continued practice of the healing arts subjects patients to unnecessary and predicably damaging intrusion into their personal privacy with no medical justification. This is an imminent danger to the public health and safety. 10. The Kansas administrative procedure act authorizes an agency to use emergency proceedings in a situation involving an immediate threat to the public health and safety, and to take such action as is necessary to prevent or avoid that immediate threat. IT IS, THEREFORE, ORDERED that the ex parte order dated April 5, suspending the license of Respondent Louis M. Culp, MD. remains in effect, and the license is suspended until the conclusion of the proceeding on the petition or until otherwise vacated by the Board. FURTHER ORDERED that this order of suspension shall not preclude Respondent from conferring with other licensees for the purpose of transferring patient care. PLEASE TAKE NOTICE that this is an emergency order. It is effective when issued. A party may ask the Board to review this order by filing a request for review with the Executive Director. 235 S. Topeka Blvd, Topeka, KS 66603. DATED this 1/1; ?Day of April,2001. Lawrence T. Buening, Jr. Executive Director, for Robert L. Frayscr, DD. Presiding Officer Certi?cate of Service . . if I certify that a true copy of the foregoing emergency order was served this day of April, 200], by depositing the same in the United States Mail, first-class postage prepaid, and addressed to: Louis M. Culp, MD. con?den?al Kansas City. KS 66109 and a copy was hand-delivered tot eh office of: Stacy L. Cook Litigation Counsel 235 S. Topeka Blvd. Topeka, KS 66603 BEFORE THE BOARD OF THE HEALING ARTS 0 OF THE STATE OF KANSAS i -5 2001 0F Case No. 01 -HA-23 In the Matter of LOUIS M. CULP, M.D. Kansas License No.4-10453 ORDER OF TEMPORARY SUSPENSION OF LICENSE NOW, on this 5th day of April, 2001 the above-entitled matter comes on for decision by the Presiding Of?cer, on Petitioner?s Motion for Order Temporarily Suspending License. The Kansas State Board of Healing Arts ("Board") appears by and through Litigation Counsel, Stacy L. Cook. After reviewing the pleading and af?davits and being advised in the premise of the Motion, the Board makes the following ?ndings of fact, conclusions of law, and orders. 1. On April 5, 2001 Petitioner ?led a Petition to Revoke, Suspend or Otherwise Limit Licensee?s license. 2. On April 5, 2001 Petitioner ?led a Motion for Order Temporarily Suspending License requesting that the Board immediately suspend Licensee?s license due to the fact that Licensee?s continued practice would constitute an imminent danger to the public health, safety and/or welfare. 3. According to the Af?davit submitted by Petitioner, Licensee committed a sexual act against patient without her consent and made several inappropriate and sexually explicit comments to the patient. 4. Criminal charges of rape have been ?led in Wyandotte County against Licensee. Page 9. According to K.S.A. the Board may temporarily suspend the license of any Licensee in accordance with the emergency adjudicative proceedings under KAPA if the Board determines there is cause to believe that grounds exist under K.S.A. 65-2836 for disciplinary action and that Licensee?s continuation in practice would constitute an imminent danger to the public, health and safety. Pursuant to K.S.A. unprofessional conduct, as further de?ned by K.S.A. 65-2 83 7(b)(1 6), there are grounds to revoke, suspend or otherwise limit Licensee?s license for committing an act of sexual abuse, misconduct or exploitation related to Licensee?s professional practice. Licensee?s continuation in practice constitutes an imminent danger to the public health and safety. An immediate suspension is warranted until a formal hearing can be conducted. Licensee?s actions demonstrate that he has and may engage in sexual acts without the other person?s consent. Committing an act of sexual assault on a patient is an intentional act as opposed to an act of negligence. In addition, sexual assault is an egregious act which has serious potential harm to the public. Licensee?s license to practice medicine and surgery is hereby suspended on a temporary basis under the provisions of K.S.A. 65-2838(c) and K.S.A. 77-536 until otherwise ordered. This is an Emergency Order under K.S.A. 77-536. It is effective upon issuance. IT IS SO ORDERED. DATED this 5th day of April, 2001. Page -2- Prepared By: Stacy L. Cook #16385 Litigation Counsel Kansas State Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603 Telephone (785) 296-7413 KANSAS STATE BOARD OF HEALING ARTS Page -3- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ORDER OF TEMPORARY SUSPENSION OF LICENSE was served on the 5?h day of April, 2001 by United States Mail, ?rst- class prepaid and addressed to: Louis M. Culp, MD. 8919 Parallel Parkway, #229 Kansas City, Kansas 66112 and a copy hand-delivered to: Stacy L. Cook Litigation Counsel Kansas Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603 and the original was hand-delivered to: Lawrence T. Buening, Jr. Executive Director 235 S. Topeka Boulevard Topeka, Kansas 66603?3068 Page .. i Wit-s BEFORE THE BOARD OF HEALING ARTS OF THE STATE OF KANSAS THE MATTER OF Case No. 97-00059 wig?; a i LOUIS M. CULP, M.D. 97?00172 I23 Kansas License #04-10453 KANSAS STATE BOARD or Hen me ARTS ORDER OF DISMISSAL NOW ON THIS 17th day of October, 1998, comes for conference hearing before the Kansas State Board of Healing Arts ("Board") the Petition to Limit License of Louis M. Culp, M.D., (hereinafter "Licensee?) ?led on September 2, 1998. The Board was represented by Stacy L. Cook. Dr. Culp appeared on his own behalf. After hearing all of the evidence, the Board made the ?nding that the Licensee's actions do not warrant that limitations be placed on his license. NOW, THEREFORE, it is ordered by the Board that the ?ndings hereinabove made be and the same are hereby made the order of the Board; that the Petition to Limit License is hereby dismissed. IT IS SO ORDERED. I DATED this day of October, 1998. LAWRENCE BUENING, JR., Executive Director ORDER OF DISMISSAL Louis M. Culp, MD. 1 CERTIFICATE OF SERVICE. 1, Lawrence T. Bu ning, Jr., Executive Director, Kansas State Board of Healing Arts, do hereby certify that on the 1 ay of October, 1998, a true and correct copy of the above and foregoing Order of Dismissal was deposited in the United States mail, ?rst class postage prepaid to the following: Lousi M. Culp, MD. 8919 Parallel Parkway, #229 Kansas City, Kansas 66112 and a copy was delivered to: Stacy L. Cook, #16385 Litigation Counsel Kansas State Board of Healing Arts 235 S. Topeka Blvd. Topeka, Kansas 66603?3068 ngg?g?/ Lawrence T. Buening, Jr. Kansas State Board of Healing Arts 235 S. Topeka Blvd. Topeka, Kansas 66603-3068 (785)296-7413 ORDER OF DISMISSAL Louis M. Culp, M.D.