WISCONSIN DEP ARTMENT OF REGULATION & LICENSING Wisconsin Department of Regulation & Licensing Access to the Public Records of the Reports of Decisions This Reports of Decisions document was retrieved from the Wisconsin Department of Regulation & Licensing website. These records are open to public view under Wisconsin’s Open Records law, sections 19.31-19.39 Wisconsin Statutes. Please read this agreement prior to viewing the Decision: The Reports of Decisions is designed to contain copies of all orders issued by credentialing authorities within the Department of Regulation and Licensing from November, 1998 to the present. In addition, many but not all orders for the time period between 1977 and November, 1998 are posted. Not all orders issued by a credentialing authority constitute a formal disciplinary action. Reports of Decisions contains information as it exists at a specific point in time in the Department of Regulation and Licensing data base. Because this data base changes constantly, the Department is not responsible for subsequent entries that update, correct or delete data. The Department is not responsible for notifying prior requesters of updates, modifications, corrections or deletions. All users have the responsibility to determine whether information obtained from this site is still accurate, current and complete. There may be discrepancies between the online copies and the original document. Original documents should be consulted as the definitive representation of the order's content. Copies of original orders may be obtained by mailing requests to the Department of Regulation and Licensing, PO Box 8935, Madison, WI 53708-8935. The Department charges copying fees. All requests must cite the case number, the date of the order, and respondent's name as it appears on the order. Reported decisions may have an appeal pending, and discipline may be stayed during the appeal. Information about the current status of a credential issued by the Department of Regulation and Licensing is shown on the Department's Web Site under “License Lookup.” The status of an appeal may be found on court access websites at: http://ccap.courts.state.wi.us/InternetCourtAccess and http://www.courts.state.wi.us/wscca . Records not open to public inspection by statute are not contained on this website. By viewing this document, you have read the above and agree to the use of the Reports of Decisions subject to the above terms, and that you understand the limitations of this on-line database. Correcting information on the DRL website: An individual who believes that information on the website is inaccurate may contact the webmaster at web@drl.state.wi.gov STATE OF WISCONSIN BEFORE THE MEDICAL EXAMINING BOARD --------------------------------------------------------------------------------------------------------------------IN THE MATTER OF THE DISCIPLINARY : PROCEEDINGS AGAINST : : Case No. LS0910091MED KEVIN A. LANG, M.D., : RESPONDENT. : --------------------------------------------------------------------------------------------------------------------ORDER OF SUMMARY SUSPENSION --------------------------------------------------------------------------------------------------------------------[Division of Enforcement Case No.09MED102] The Petition for Summary Suspension of Dr. Kevin A. Lang’s license to practice medicine was noticed to be presented at 8:20 a.m. on October 21, 2009. At the time and place noticed, attorney Sandra L. Nowack appeared for the Complainant, Department of Regulation and Licensing, Division of Enforcement. Dr. Kevin A. Lang, M.D. appeared and was represented by attorney Randal Arnold. The Wisconsin Medical Examining Board, having considered the previously filed Complaint in LS0910091MED, for which the Board found probable cause on September 15, 2009, the sworn October 8, 2009 Petition for Summary Suspension, the October 8, 2009 Affidavit of Service of Notice of Presentation and Petition for Summary Suspension, the October 8, 2009 Affidavit in Support of Petition for Summary Suspension of Daniel Williams, the October 20, 2009 letter from Dr. Gene G. Abel and the October 21, 2009 affidavit of Dr. Gene G. Abel, and, having heard the arguments of counsel, hereby makes the following: FINDINGS OF FACT 1. Kevin A. Lang, M.D., Respondent, date of birth July 4, 1962, is licensed and currently registered by the Wisconsin Medical Examining Board to practice medicine and surgery in the State of Wisconsin pursuant to license number 32020, which was first granted April 18, 1991. 2. Respondent's address of record with the Wisconsin Medical Examining Board is M207 Marsh Lane, Marshfield, WI 54449. 3. Respondent is a gastroenterologist. 4. At the time of the events set out below, Respondent was employed as a physician at Marshfield Clinic, 1000 N. Oak Avenue, Marshfield, Wisconsin. 5. On Friday, March 13, 2009, Respondent saw Patient F.D., on an emergent basis. Patient F.D. was sedated with midazolam (“Versed”) and fentanyl. Respondent did an endoscopic exam, removed impacted gall stones, cut the ampulla and placed a stent in F.D.’s bile duct. 6. F.D. was transported to her hospital room, where she slept until she felt “something strange” in her right hand. When she opened her eyes, Respondent withdrew her right hand from his erect penis, which was inside his pants. At the same time, Respondent had been moving F.D.’s left hand back and forth over her left nipple. Another staff member came into the room and Respondent left. 7. Respondent has indicated that F.D. was in and out of consciousness while the contact occurred. In addition to the conduct reported by F.D. (in par. 6, above), Respondent also put F.D.’s right hand inside her panties in her genital region. 8. Approximately 15 minutes later, F.D. awakened to find Respondent examining her abdomen and sides. Respondent then crossed F.D.’s right hand over to her left breast and used his hand to move F.D.’s hand back and forth over her nipple. F.D. was groggy during this contact. Respondent attempted to put F.D.’s hand inside her panties but this time she was able to resist. 9. F.D. reported the incident to her internist. On March 19, 2009, when confronted, Respondent acknowledged the incidents, said he needed help, and voluntarily surrendered his hospital privileges. Respondent has not practiced since March 20, 2009. 10. On April 6, 2009, Respondent, through counsel, reported his conduct to the Medical Examining Board. 11. Between March 25 and March 27, 2009, Respondent underwent an assessment at the Behavioral Medicine Institute of Atlanta (BMI) and immediately commenced an intensive eight-week outpatient treatment program. 12. While in treatment at BMI, Respondent disclosed that, between 2003 and 2007, he had committed eleven acts of sexual misconduct while treating patients. The first incident was in Fall 2003. Respondent was conducting an endoscopic examination of a female patient who had been sedated with midazolam (“Versed”) and fentanyl. As the patient drifted in and out of consciousness, Respondent placed her hand on his erect penis, which was outside his pants. Although confronted by administration, no action was undertaken based primarily upon Respondent’s explicit denial of any misconduct. Respondent tried to put it out of his mind. 13. Respondent’s acts of sexual contact with patients generally occurred between 2003 and 2005. The incidents were generally post-endoscopy, and involved patients who were in and out of consciousness. The sexual contact consisted of Respondent placing the patient’s hand on his penis. Eventually, the clinic’s policy changed to require the presence of two individuals during endoscopies as a result of accreditation requirements and Respondent did not touch another patient sexually until 2009. 14. Respondent acknowledged that he also engaged in voyeurism and exhibitionism in the past. 15. Respondent’s conduct as set forth in paragraphs 4-8 and 12-13, above, constitutes danger to the public health, safety or welfare, which is unprofessional conduct as defined by Wis. Admin. Code § MED 10.02(2)(h). Respondent is subject to discipline pursuant to Wis. Stat. § 448.02(3). 16. Respondent has engaged in treatment with a positive prognosis. His current treatment plan has an average duration of 36-48 months. Respondent’s treatment contract requires, inter alia, chaperones, biannual polygraph testing, compliance with restrictions placed on his license, a practice monitor and ethics training. The Board has no means of enforcing those conditions without an Order, and therefore the absence of an Order places the public at an unacceptable risk of harm. 17. Respondent, by his conduct described above, has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension of Respondent’s license to practice medicine. CONCLUSIONS OF LAW 1. The Wisconsin Medical Examining Board has jurisdiction over this matter pursuant to Wis. Stat. § 448.02(4) and has authority to summarily suspend Respondent’s license to practice as a physician in the State of Wisconsin, pursuant to Wis. Stat. § 227.51(3) and Wis. Adm. Code ch. RL 6. 2. Notice has been given to Respondent as required by Wis. Adm. Code § RL 6.05. 3. There is probable cause to believe that Respondent’s conduct as set forth above, constitutes a danger to the public health, safety or welfare, which is unprofessional conduct as defined by Wis. Admin. Code § MED 10.02(2)(h). 4. There is probable cause to believe that Respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension of Respondent’s license to practice medicine. ORDER NOW THEREFORE IT IS HEREBY ORDERED that the license of Kevin A. Lang, M.D., to practice medicine and surgery in the state of Wisconsin be and is summarily suspended for 30 days, effective immediately. IT IS FURTHER ORDERED that the Administrative Law Judge assigned to the matter may continue the suspension for 30 days while the hearing in the disciplinary proceeding is in progress. IT IS FURTHER ORDERED that if Respondent causes a delay in the hearing process of the disciplinary proceeding against Respondent, the Administrative Law Judge assigned to the matter may continue the suspension from the time the hearing is commenced until a final decision is issued by the Board. IT IS FURTHER ORDERED that Respondent is hereby notified of his right, pursuant to Wis. Adm. Code § RL 6.09, to request a hearing to show cause why this summary suspension order should not be continued and is further notified that any request for a hearing to show cause should be filed with the Wisconsin Medical Examining Board, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708. IT IS FURTHER ORDERED that in the event that Respondent requests a hearing to show cause why the summary suspension should not be continued, that hearing shall be scheduled to be heard on a date within 20 days of receipt by the Board of Respondent’s request for hearing, unless Respondent requests or agrees to a later time for the hearing. Wisconsin Medical Examining Board By: Gene Musser A Member of the Board 10/22/09 Date WISCONSIN DEP ARTMENT OF REGULATION & LICENSING Wisconsin Department of Regulation & Licensing Access to the Public Records of the Reports of Decisions This Reports of Decisions document was retrieved from the Wisconsin Department of Regulation & Licensing website. These records are open to public view under Wisconsin’s Open Records law, sections 19.31-19.39 Wisconsin Statutes. Please read this agreement prior to viewing the Decision: The Reports of Decisions is designed to contain copies of all orders issued by credentialing authorities within the Department of Regulation and Licensing from November, 1998 to the present. In addition, many but not all orders for the time period between 1977 and November, 1998 are posted. Not all orders issued by a credentialing authority constitute a formal disciplinary action. Reports of Decisions contains information as it exists at a specific point in time in the Department of Regulation and Licensing data base. Because this data base changes constantly, the Department is not responsible for subsequent entries that update, correct or delete data. The Department is not responsible for notifying prior requesters of updates, modifications, corrections or deletions. All users have the responsibility to determine whether information obtained from this site is still accurate, current and complete. There may be discrepancies between the online copies and the original document. Original documents should be consulted as the definitive representation of the order's content. Copies of original orders may be obtained by mailing requests to the Department of Regulation and Licensing, PO Box 8935, Madison, WI 53708-8935. The Department charges copying fees. All requests must cite the case number, the date of the order, and respondent's name as it appears on the order. Reported decisions may have an appeal pending, and discipline may be stayed during the appeal. Information about the current status of a credential issued by the Department of Regulation and Licensing is shown on the Department's Web Site under “License Lookup.” The status of an appeal may be found on court access websites at: http://ccap.courts.state.wi.us/InternetCourtAccess and http://www.courts.state.wi.us/wscca . Records not open to public inspection by statute are not contained on this website. By viewing this document, you have read the above and agree to the use of the Reports of Decisions subject to the above terms, and that you understand the limitations of this on-line database. Correcting information on the DRL website: An individual who believes that information on the website is inaccurate may contact the webmaster at web@drl.state.wi.gov STATE OF WISCONSIN BEFORE THE MEDICAL EXAMINING BOARD IN THE MATTER OF THE DISCIPLINARY PROCEEDINGS AGAINST KEVIN A. LANG, M.D, RESPONDENT. . FINAL DECISION AND ORDER ORDC 0000 80E [Division of Enforcement Case No. 09 MED 102] The parties to this action for the purposes of Wis. Stat. § 227.53 are: Kevin A. Lang, M.D. M 207 Marsh Lane Marshfield, WI 54449 Division of Enforcement Department of Regulation and Licensing 1400 East Washington Avenue P.O. Box 8935 Madison, WI 53708-8935 Wisconsin Medical Examining Board Department of Regulation and Licensing 1400 East Washington Avenue P.O. Box 8935 Madison, WI 53708-8935 PROCEDURAL HISTORY The Notice of Hearing and Complaint were filed in this matter on October 9, 2009. On October 22, 2010, the Medical Examining Board (MEB) granted the Division's Petition for Summary Suspension. Respondent has since consented to continuation of the Summary Suspension until the final disposition of this matter. Prior to the hearing on the formal complaint, the parties in this matter agreed to the terms and conditions of the attached Stipulation as the final decision of this matter, subject to the approval of the Medical Examining Board. The Board has reviewed this Stipulation and considers it acceptable. Accordingly, the Board in this matter adopts the attached Stipulation and makes the following: FINDINGS OF FACT 1. Kevin A. Lang, M.D., Respondent, date of birth July 4, 1962, is licensed and currently registered by the Wisconsin Medical Examining Board to practice medicine and surgery in the State of Wisconsin pursuant to license number 32020, which was first granted April 18, 1991. 2. Respondent's address of record with the Wisconsin Medical Examining Board is M 207 Marsh Lane, Marshfield, Wisconsin 54449. 3. Respondent is a gastroenterologist. 4. At the time of the events set out below, Respondent was employed as a physician at Marshfield Clinic, 1000 N. Oak Avenue, Marshfield, Wisconsin. 5. On Friday, March 13, 2009, Respondent had inappropriate sexual contact with Patient A. The sexual contact consisted of Respondent placing Patient A's hand on his penis and moving Patient A's hand over her breast. The conduct occurred while Respondent was treating Patient A at St. Joseph's Hospital in Marshfield. At the time the conduct occurred, Patient A had recently been sedated with midazolam ("Versed") and fentanyl. 6. On March 19, 2009, when confronted, Respondent acknowledged the incidents, said he needed help, and voluntarily surrendered his hospital privileges. Respondent has not practiced since March 20, 2009. On April 6, 2009, Respondent, through counsel, voluntarily reported his conduct 7. to the Medical Examining Board. Between March 25-27, 2009, Respondent voluntarily underwent an assessment 8. at the Behavioral Medicine Institute of Atlanta (BMI) and immediately commenced an intensive eight-week outpatient treatment program. Respondent has continued in treatment and his therapist reports satisfactory progress. While in treatment at BMI, Respondent disclosed that, between 2003 and 2007, 9. he committed additional acts of sexual misconduct while treating patients. As in the case of Patient A, the sexual contact consisted of Respondent placing the hand of a patient who had recently been sedated on his penis. Respondent was confronted by administration regarding the first such incident, which occurred in the Fall of 2003. Respondent denied the allegation. The facility took no action. CONCLUSIONS OF LAW 1. The Wisconsin Medical Examining Board has jurisdiction over this matter pursuant to Wis. Stat. § 448.02(3) and authority to enter into this stipulated resolution of this matter pursuant to Wis. Stat. § 227.44(5). Respondent's conduct as set forth in paragraphs 5-9 constitutes unprofessional 2. conduct as defined by Wis. Admin. Code § MED 10.02(2)(zd), and he is subject to discipline pursuant to Wis. Stat. § 448.02(3). ORDER IT IS HEREBY ORDERED that the attached Stipulation is accepted. 2 IT IS FURTHER ORDERED that: 1. The SURRENDER by Kevin A. Lang, M.D., Respondent, of his license as a physician in the state of Wisconsin and his right to renew that license is hereby ACCEPTED. 2. If Respondent ever seeks to regain this or any other credential from the Board: a. Respondent shall provide evidence sufficient to satisfy the Board that he does not have any psychiatric or chemical abuse or dependency condition that could interfere with his ability to safely provide professional services to patients or the public. b. The Board retains sole discretion to determine whether or not to grant any credential to Respondent in the future, and whether to impose limitations, including indefinite monitoring, on any credential the Board may decide to grant. IT IS FURTHER ORDERED that: 3. Respondent shall, within 90 days, pay to the Department of Regulation and Licensing costs of this proceeding in the amount of $1,800.00 pursuant to Wis. Stat. § 440.22(2). 4. Payment of costs shall be mailed or delivered to: Department Monitor Department of Regulation and Licensing Division of Enforcement 1400 East Washington Ave. P.O. Box 8935 Madison, WI 53708-8935 Telephone: (608) 267-3817 Fax: (608) 266-2264 5. Violation of any of the terms of this Order may be construed as conduct imperiling public health, safety and welfare and may result in summary suspension of Respondent's license. The Board in its discretion may in the alternative impose additional conditions and limitations or other additional discipline for a violation of any of the terms of this Order. In the event Respondent fails to timely submit payment of the costs as set forth above, the Respondent's license (No. 32020) may, in the discretion of the Board or its designee, be SUSPENDED, without further notice or hearing, until Respondent has complied with payment of the costs. 6. This Order is effective on the date of its signing. Wisconsin Medical Exam ng Board By: A Member of the Date