[48/14/96 17:21 TEXRS BD OF MED BB2 IN THE MATTER OF BEFORE THE THE LICENSE OF TEXAS STATE BOARD ARTHUR NILON MD. on MEDICAL EXAMINERS On this the 1 day of august 1996, came on to be heard before the Texas State Board of Medical Examiners ("the Board" or "the Texas Board?), duly in session the matter of the license of Arthur Nilon Tallant, MD. ("Respondent"). On July 11, 1996, Respondent appeared in person with counsel, Randall Doubrava and Wayne Meisner, at an Informal Settlement Conference/Show Compliance Proceeding in response to a letter of invitation ?-om the staff ofthe Board. The Board Was represented at the Informal Settlement Conference/Show Compliance Proceeding by R. Russell Thomas, 13.0., and Jenat T. Turner, .D., members of the Board. Upon recommendatit'm of the Board's representatiVes, and with the consent of Respondent, the Board makes the following findings of fact and conclusions ofilaw and enters this Order as set forth herein: 1. Respondent, Arthur Nilon Tallant, M.D., holds Texas medical license (2-5259. 2. The Board has jurisdiction over the subject matter and Respondent. Respondent received all notice which may be required by law and by the rules of the Board. All jurisdictional requirements have been satis?ed. 3. Respondent is certi?ed by the American Board of Medical Specialties in Family Practice. 4. Respondent is sixty??ve (65) years of age. 5. Respondent has been licensed to practice medicine in Texas for approximately forty (40) years. 6. On December 20, 1994, the Texas Department of Health noti?ed Respondent of violations of regulations pertaining to operation and performance of x?ray equipment in Respondent?s oilice including, but not limited to, excessive radiation emission and operation by an individual who was not currently credentialed for that activity. occdrakamr-Jalianwompd i 88/14/96 17:22 TEXFIS BD MED 883 7. Beginning in late 1995 and continuing through mid May of 1996, Respondent maintained an improper personal and sexual relationship with a sevemeen year old female who had previously been a patient of Respondent?s, without e??ectively terminating the physician-patient relationship. 8. During the course of the relationship as set out in the preceding Findings of Fact, Respondent acted as physician to the minor female. 9. Respondent has engaged in the intemperate use of alcohol. 10. Respondent has entered into this Agreed Order pursuant to the provisions of Sections 4.02(h) of the Medical Practice Act ("the Act?), V.A.C.S., article 4495b. 1 . Respondent neither admits nor denies that the ?ndings of fact and conclusions of law set forth herein are accurate; however, Respondent consents to the entry of this Agreed Order to avoid the expense of litigation and to reach an expeditious resolution of this matter. Based on the above Findings of Fact, the Board concludes the following: 1. Respondent has violated Section 3 08(3) of the Medical Practice Act ("the Act"), V.A.C.S., article 4495b, which authorizes the Board to take disciplinary action against Respondent based on Respondent's intentperate use of alcohol or drugs. 2. Respondent has violated Section 108(4) of the Medical Practice Act ("the Act"), V.A.C.S., article 4495b, which authorizes the Board to take disciplinary action against Respondent based on Respondent's unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public. 3. Respondent has violated Section of the Medical Practice Act ("the Act"), V.A.C. 3., article 4495b, which authorizes the Board to take disciplinary aetion against Respondent based on Respondent's cemrnission of any act that is in violation of the laws of the State of Texas if the act is connected with ReSpondent?s practice of medicine. 4. Section 4.02.(h) of the Act authorizes the Board to resolve and make a disposition of this matter through an agreed order. 5. Section 4.12 of the Act authorizes the Board to revoke the medical license of Respondent. 2 88/14/96 17:22 TEXQS STQTE BD 0F MED BB4 QRDER Based on the above Findings of Fact and Conclusions of Law, it is therefore ORDERED, ADJUDGED, AND that: 1. TheE Board ORDERS that Respondent's Texas medical license is REVOKED, effective January 1, 1997, at 12:01 am. 2. Effective on the date of the signing of this Order by the presiding of?cer of the Board, the Board ORDERS that Respondent?s Texas medical license is hereby RESTRICTED under the following terms and conditions until the effective date of the revocation ordered above: A. Respondent shall not examine, diagnose, treat or preseribe for any patient either for a fee or gratuitously. B. if Respondent has not already surrendered Respondent's controlled substance certi?cates or otherwise had such certi?cates canceiled, Respondent shall immediately surrender to the appropriate agency Respondent's Drug Enforcement Administration (DEA) Controlled Substances Registration Certi?cate and Texas Department of Public Safety (DPS) Controlled Substances Registration Certi?cate, and shall sign the appropriate DEA and DPS forms to accomplish the cancellation of these registrations. Respondent shall not attempt to reregister or otherwise obtain Controlled Substances Registrations without prior written authority from the Board. Such authority may be granted upon Respondent's petition to the Board and through a personal appearance before the Board, a committee of the Board, or authorized Board representatives. The granting of such authority is discretionary with the Board and shall not control any decision by DEA or DPS in regard to granting or denying any application by Respondent for the return of prescribing authority. RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT 1N REGARD TO ALL TERMS AND CONDITIONS OF THIS AGREED ORDER. NOTHING IN THIS ORDER SHALL BE DEEMED A WAIVER OF RESPONDENTS RIGHTS UNDER STATUTE OR THE UNITED STATES OR TEXAS CONSTITUTIONS TO APPEAL AN ORDER OR ACTION OF THE BOARD SUB SEQUENT TO THIS AGREED ORDER EXCEPT AS RESPONDENT MAY HAVE OTHERWISE AGREED TO HEREIN. RESPONDENT AGREES THAT THIS IS A FINAL ORDER. bedraiqwscer. milder. do. "and 3 88/14/96 17:23 TEXRS STRTE ED OF MED [2185 THIS ORDER IS A PUBLIC RECORD. I, ARTHUR NILON TALLANT, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. 1 UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE. DATEDWQ but)" ,1996 OXM ARTHUR NILON TALLANT, MD. RESPONDENT beedmkilwscor.IaIImIIAOMYMI 4 17:23 TEXQS STRTE BD MED 886 STATE OF TEXAS COUNTY OF TRAVIS BEFORE the undersigned Notary Public, on this day personally appeared ARTHUR NILON TALLANT, M.D., known to me to be the person whose name is subscribed to this instrument, an Agreed Order, and who after being by me duly sworn, on oath, stated that he executed the same for all purposes expressed therein. . Given under my hand and of?cial seal and o?ice this 16th day of August 1996. ??ab/w 13/19an Signature of Notary Public Dona L. BROOKS . NOTARY PUBLIC State of Texas Comm. Exp. 12-3098 Diana L. Brooks Printed or typed name of Notary Public 4?4- "r?rv My commission expires: 12/ 30/ 9 8 SIGNED AND ENTERED by the presiding of?cer of the Texas State Board of Medical ,1 96. i (q Wii??ain H. Fleming, 111, MD. 7 President, Texas State Board of Medical Examiners Examiners on this 5 17 day of Aqgust bnadinkg?maor.rammed?.de 5 C-5259 IN THE MATTER OF BEFORE THE THE LICENSE OF TEXAS STATE BOARD ARTHUR NILON ALLANT, MD. 2 OF MEDICAL EXAMINERS ORDER on this the 28 day of August . 1999, came on to be heard before the Texas State Board of Medical Examiners ("the Boar or "the Texas Board"), duly in session the matter of the license of Arthur Nilon Tallant, MD. ("Respondent"). On October 8, I998, Respondent appeared in person with counsel, Charles E. Soechting and immy Alan Hall, at an Informal Settlement Conference/Show Compliance Proceeding in response to a letter of invitation from the staff of the Board. The Board was represented at the Informal Settlement Conference/Show Compliance Proceeding by William A. Pollan, D.O., a member of the Board, and Thomas A. Reiser, a District Review Committee member. The Board representatives deferred their decision until the receipt of additional information. Upon receipt and consideration of all information, the Board representatives ?nd that Respondent has not satis?ed his burden as a prerequisite for reinstatement of his license and recommend that the denial of his request be effective October 8, 1998. Upon recommendation of the Board's representatives, the Board ?nds that Respondent has not satisfied his burden as a prerequisite for reinstatement of his license. In response to a letter to Respondent from Board staff dated May 14, 1999, Respondent has waived his right to hearing on his present reinstatement request. IT IS THEREFORE ORDERED that the request of Respondent to have his medical license reinstated is hereby DENIED. THIS ORDER IS A PUBLIC RECORD. SIGNED AND ENTERED by the presiding of?cer of the Texas State Board of Medical Examiners on this 28 day of August . 1999. Wihi?am H. Fleming, MD. President, Texas State Board of Medical Examiners Tallant\0rdet0599 Page 1 of 1 IN THE MATTER OF THE DOCKET NO. 503-00-0192 BEFORE THE TEXAS STATE APPLICATION FOR REINSTATEMENT BOARD OF OF ARTHUR N. TALLANT, M.D. MEDICAL EXAMINERS FINAL ORDER OF THE BOARD During open meeting at Austin, Texas, the Texas State Board of Medical Examiners ?nds that after proper and timely notice was given, the above-styled case was heard by an Administrative Law Judge who made and ?led a preposal for decision containing the Administrative Law Judge?s ?ndings of fact and conclusions of law. The proposal for decision was properly served on all parties and all parties were given an opportunity to ?le exceptions and replies as part of the record herein. The Texas State Board of Medical Examiners, after review and due consideration of the proposal for decision, and exceptions and replies ?led, if any, adopts the following ?ndings of fact and conclusions of law of the Administrative Law Judge. All proposed ?ndings of fact and conclusions of law not speci?cally adopted herein are hereby denied. U.) U: FINDINGS OF FACT Applicant, Arthur Nilon Tallant, MD, is a 68 year old male, and is the previous holder of License No. C-525 9 issued by the Texas State-Board of Medical Examiners (the Board) in 1955. Applicant practiced family medicine and occupational medicine in San Marcos, Texas, from 1960 to 1 997. In late 1995, Applicant began an improper sexual relationship with a 17 year old female who had been prescribed medication by Applicant on one occasion. The relationship ended four years ago. Applicant?s medical license was revoked effective January 1, 1997, by Agreed Order of the Board dated August 17, 1996. The Board?s Order found that Applicant had violated Sections 308(4), and REV. CIV. STAT. art. 4495b (the Medical Practice Act). On May 27, 1997, Applicant entered a guilty plea to 19 counts of sexual performance by a child. a. Applicant was placed on community supervision for 10 years, assessed a $1000 ?ne, and ordered to pay restitution to the victim. 10. ll. 14. 16. 17. b. Applicant has complied with the terms and conditions required by the Order of Deferred Adjudication. In September 1997, Applicant ?led his ?rst application for the reinstatement of his medical license mm the Board. The Board denied this application during its August 1999 meeting. In August 1999, Applicant ?led a second application for reinstatement of his medical license. The Board denied this application in December 1999. Applicant?s application for reinstatement was not made prior to one year after the revocation was issued or became ?nal, and the second application was not brought within one year of any previous application for reinstatement. On January 24, 2000, the Staff ?led a petition in opposition to Applicant?s application for reinstatement of his medical license with the State Of?ce of Administrative Hearings alleging that reinstatement of Applicant?s license was not in the best interest of the public or of the Applicant. On February 1, 2000, the Staff mailed Applicant a notice of hearing. Applicant received the notice. The hearing on the merits was held on March 9, 2000. At the request of the parties the record remained open for the ?ling of post hearing argument and briefs until April 7, 2000, when the record was closed. Best Interests of the Public Applicant has exceeded Board CME requirements with hours primarily related to maintenance of competency in the ?eld of occupational medicine. Applicant is willing to take the Special Purpose Examination to demonstrate his competency in medicine. There is a need for additional physicians to practice in the area of occupational medicine in the San Marcos, Hays County, Texas area. Applicant prescribed medication to the child on one occasion over the telephone while she was in another state. Applicant will primarily see male patients in his practice of occupational medicine. Applicant?s of?ce practice is to always have a female staff member present when female patients are examined. ix) 18. 19. 20. 21. 26. 27. Ix) La) Applicant has continued to work in the medical ?eld in a non-physician capacity providing in?service training to client employees, repairing equipment, and giving non-smoking and industrial hygiene lectures and training. Applicant does not have a substance abuse problem. Applicant is currently competent to practice medicine. The staff offered no evidence that it is not in the best interest of the public for Applicant to be relicensed. Best Interest of Applicant Applicant ?rst decided that he wanted to be a doctor in the eighth grade. Applicant enjoys practicing medicine and helping people. Applicant has suffered from depression and moderate hypertension ?om not being able to work as a physician. The staff offered no evidence that it is not in Applicant?s best interest to be relicensed. Applicant has shown that he is prepared to deal with the demands of a medical practice by agreeing to take the SPEX Exam and attending CME training. Applicant was able to tell those who testi?ed for him at the hearing the reason his license was revoked, was willing to seek mental health therapy, and remained a productive citizen by continuing to work in his business. Applicant showed that he can handle the challenges and stresses of reentry into the medical profession. CONCLUSIONS OF LAW The Board of Medical Examiners has jurisdictions over this matter pursuant to TEX. OCC. CODE ANN. 164.151 (Vernon Pamphlet 2000). The State Of?ce of Administrative Hearings has jurisdiction to conduct the administrative hearing in this matter and to issue this proposal for decision pursuant to TEX. OCC. CODE ANN. 164.007 and TEX. Gov'r CODE ANN. Ch. 2003. Notice of the hearing was provided as required by the Administrative Procedure Act, TEX. Gov?T CODE ANN. 2001.051 and 2001.052. The hearing was conducted according to the requirements of the Administrative Procedure Act; the rules of the State Of?ce of Administrative Hearings; and the rules of the Board of Medical Examiners. The Board of Medical Examiners requires a physician whose license has been expired for over one year to take both the SPEX and the Texas jurisprudence examinations pursuant to 22 TEX. ADMIN. CODE ?l63.10 (West 2000). (This Conclusion of Law was added by the Board as the failure to include such a conclusion is not sufficient to protect the public.) Based on Findings of Fact Nos. 12 through 21, Applicant proved it is the best interest of the public to reinstate his license, as required by TEX. OCC. CODE ANN. Based on Findings of Fact Nos. 22 through 28, Applicant proved it is in his best interest to reinstate his medical license, as required by TEX. OCC. CODE ANN. Based on Findings of Fact Nos. 1, 3, 5b., 12, 13, and 16?19, and Conclusions of Law 5 and 6, Applicant does have the present ability, capacity and ?tness to perform the duties and discharge the responsibilities of a licensed medical doctor, as required by TEX. OCC. CODE ANN. ??53.022 and 53.023 (Vernon Pamphlet 2000). Based on Findings of Fact Nos. 5 and 12-27, and Conclusions of Law Nos. 5?8, Applicant?s application for reinstatement of his medical license should be granted subject to Applicant?s successful completion, with passing grades, of both the SPEX and Texas jurisprudence examinations and his continued compliance with the terms and conditions of the order of deferred adjudication. (This Conclusion of Law was modified by the Board to re?ect the addition of Conclusion of Law No. 5 and the requirement for Applicant to take and pass the Texas jurisprudence examination as well as the SPEX examination.) NOW, THEREFORE, IT IS ORDERED by the Texas State Board of Medical Examiners pursuant to TEX. OCC. CODE ANN. ?164.151 (Vernon Pamphlet 2000), that Texas medical license No. previously held by Arthur N. Tallant, M.D., be reinstated as of the date he has successfully obtained a passing grade on both the SPEX and Texas jurisprudence examinations. Passed and approved at the IEgular meeting of the Texas State Board of Medical Examiners at Austin, Texas, on the day of August, 2000. TEXAS STATE BOARD OF MEDICAL EXAMINERS mil/M?k/Dwvo William H. Fleming, MD. President, Texas State Board of Medical Examiners