ALABAMA STATE BOARD OF MEDICAL EXAMINERS BEFORE THE MEDICAL LICENSURE COMMISSION Complainant, OF ALABAMA at v. CASE NO. 08-024 2% DAVID J. PAVLAKOVIC, M.D. 4: Respondent. ORDER This matter is before the Medical Licensure Commission upon a Petition by the Respondent, David J. Pavlakovic, M.D., to remove all restrictions on his license to practice medicine in Alabama. Dr. Pavlakovic?s license to practice medicine is subject to conditions imposed by an Order of the Medical Licensure Commission dated October 12, 2009. The Commission issued an Order to Show Cause requiring Dr. Pavlakovic to appear and show cause why his petition should not be denied. A hearing was held on July 27, 2011. Dr. Dr. Pavlakovic was present and was not represented by an attorney. William F. Addison, Esq., represented the Board of Medical Examiners. Based upon the evidence submitted, including testimony by Dr. Pavlakovic, it is the opinion of the Medical Licensure Commission that Dr. Pavlakovic?s petition should be GRANTED. Accordingly, it is the Order of the Medical Licensure Commission that all restrictions on Dr. Pavlakovic?s license to practice medicine in Alabama shall be removed and that he shall henceforth have a full unrestricted license to practice medicine in Alabama. ENTERED this day of ,2011. km 6? Wad- E. WEST, M.D. Chairman, Medical Licensure Commission of Alabama ALABAMA STATE BOARD OF MEDICAL EXAMINERS, Complainant, BEFORE THE MEDICAL LICENSURE COMMISSION OF ALABAMA v. DAVID J. PAVLAKOVIC, MD. CASE NO. 08-024 Respondent ORDER TO SHOW CAUSE This matter is before the Medical Licensure Commission on a request ?led by David J. Pavlokovic, M.D., to terminate the restrictions on his license to practice medicine in Alabama. Accordingly it is the ORDER of the Medical Licensure Commission that Dr. Pavlakovic appear at 9:30 am, Wednesday, July 2011, in the of?ces of the Medical Licensure Commission, 848 Washington Avenue, Montgomery, Alabama and show cause, if any he has, why such request for termination of restrictions should not be denied. ENTERED this 23rd day of June, 2011. 5. Wu}, can ES E. WEST, M.D., CHAIRMAN edical Licensure Commission State of Alabama ALABAMA STATE BOARD OF MEDICAL EXAMINERS BEFORE THE MEDICAL LICENSURE COMMISSION Complainant, OF ALABAMA it v. CASE NO. 08?024 DAVID J. PAVLAKOVIC, M.D. Respondent. AMENDED ORDER This matter having come before the Commission on a request by Dr. David J. Pavlakovic to amend the original Order entered by the Commission on June 30, 2009 (the Order), and the Commission having considered same, the following Amended Order is entered and substituted for the original Order: This matter is before the Medical Licensure Commission on an Administrative Complaint and Petition for Summary Suspension of License heretofore ?led by the Alabama State Board of Medical Examiners. On September 17, 2008, Dr. Pavlakovic?s license to practice medicine in Alabama was summarily suspended. A hearing was held on May 27, 2009. Dr. Pavlakovic was present, together with his attorney, William N. Clark, Esq. William F. Addison, Esq, represented the Board of Medical Examiners. Wayne P. Turner, Esq., served as Hearing Of?cer. Evidence was presented by the Board of Medical Examiners. Such evidence included the testimony of Gene G. Able, M.D., an expert witness who conducted an evaluation of Dr. Pavlakovic. In addition to other witnesses, Dr. Pavlakovic testi?ed and admitted many of the allegations in the complaint. Based upon the evidence submitted, the Medical Licensure Commission ?nds that Dr. Pavlakovic has engaged in a pattern and practice of inappropriate sexual behavior with patients by kissing patients on the mouth, fondling patients? breasts, and exposing his penis to patients during the time period in which he was rendering medical treatment to such patients. Based upon the foregoing ?ndings of fact, the Medical Licensure Commission concludes, as a matter of law, that Dr. Pavlakovic has committed unprofessional conduct as de?ned in Ala. Code ?34?24-360 and in the rules and regulations promulgated by the Commission, speci?cally, sexual misconduct in the practice of medicine, a violation of Ala. Code ?34-24-3 60(2) and Medical Licensure Commission Rule Based upon the foregoing ?ndings of fact and conclusions of law it is the Order of the Medical Licensure Commission that the license to practice medicine in Alabama of the Respondent, David J. Pavlakovic, M.D., be SUSPENDED. E??ective September 1, 2009, such suspension shall be lifted and the license shall be subject to the following conditions: 1. Dr. Pavlakovic shall maintain a Contract for Maintenance Treatment with the Behavioral Medicine Institute of Atlanta (BMI). Upon having his license reinstated he shall adhere to the conditions as recommended by Dr. Abel, and for such period of time as Dr. Abel may recommend. Upon Dr. Abel? determination that it may be appropriate to terminate or modify such conditions, he shall notify the Commission and the Commission shall take such action as may be appropriate. 2. In accordance with his current contract with the Behavioral Medicine Institute of Atlanta, Dr. Pavlakovic shall do the following: A. Dr. Pavlakovic shall have no sexual contact of any kind with any current or former patients or sta?' members. B. Dr. Pavlakovic shall attend individual treatment with a therapist approved by the Medical Licensure Commission, at least twice per month and shall keep a record of his attendance and provide such records to the Medical Licensure Commission. C. Dr. Pavlakovic shall have a chaperone present during any examination of a female patient and shall have the chaperone initial his examination note in the lower right corner of such note, indicating that the chaperone was present during the entire examination. D. Dr. Pavlakovic shall have at least two Staff Surveillance Forms completed by the 15?11 of each month, by two staff members who work in his of?ce or in any hospital where he practices. Such forms shall be sent by the staff to Dr. Pavlakovic?s individual therapist for review. E. Dr. Pavlakovic will undergo a polygraph examination every six months, similar to those conducted at BMI. The results shall be provided to the individual therapist. F. Dr. Pavlakovic will maintain copies of quarterly reports which are sent to the Medical Licensure Commission. G. In each of?ce where Dr. Pavlakovic works, the Principals ofMedical Practice shall be posted. H. Should Dr. Pavlakovic have any ?irther communication with any patient or staif member with whom he has been accused of sexual misconduct, he will report such communication to the Medical Licensure Commission, the individual therapist and the Practice Monitor. 1. Dr. Pavlakovic shall select a local physician, acceptable to the Medical Licensure Commission, who will be his Practice Monitor. This physician will agree to discuss problems with patients and/or interaction with o?ice staff and will agree to make quarterly reports to the Medical Licensure Commission. J. Dr. Pavlakovic shall take at least four hours of ethics training per year. Such ethics training shall be in addition to any other required continuing medical education. 3. Prior to the re?entry of the practice of medicine, Dr. Pavlakovic shall submit to the Medical Licensure Commission, for its prior approval, a detailed plan of practice. 4. An Administrative ?ne is assessed in the amount of $10,000.00, such ?ne being due and payable within 60 days of the date of this Order. 5. The Board of Medical Examiners may submit its cost bill within 20 days of the date of this Order. ENTERED this day of Alf 2009. 8 Man?- E. WEST, MD. rman, Medical Licensure Commission of Alabama ALABAMA STATE BOARD OF MEDICAL EXAMINERS BEFORE THE MEDICAL LICEN SURE COMMISSION Complainant, OF ALABAMA v. CASE NO. 08-024 9: DAVID J. PAVLAKOVIC, M.D. Respondent. ORDER This matter is before the Medical Licensure Commission on an Administrative Complaint and Petition for Summary Suspension of License heretofore ?led by the Alabama State Board of Medical Examiners. On September 17, 2008, Dr. Pavlakovic?s license to practice medicine in Alabama was summarily suspended. A hearing was held on May 27, 2009. Dr. Pavlakovic was present, together with his attorney, William N. Clark, Esq. William F. Addison, Esq. represented the Board of Medical Examiners. Wayne P. Turner, Esq., served as Hearing Of?cer. Evidence was presented by the Board of Medical Examiners. Such evidence included the testimony of Gene G. Able, M.D., an expert witness who conducted an evaluation of Dr. Pavlakovic. In addition to other witnesses, Dr. Pavlakovic testi?ed and admitted many of the allegations in the complaint. Based upon the evidence submitted, the Medical Licensure Commission ?nds that Dr. Pavlakovic has engaged in a pattern and practice of inappropriate sexual behavior with patients by kissing patients on the mouth, fondling patients? breasts, and exposing his penis to patients during the time period in which he was rendering medical treatment to such patients. Based upon the foregoing ?ndings of fact, the Medical Licensure Commission concludes, as a matter of law, that Dr. Pavlakovic has committed unprofessional conduct as de?ned in Ala. Code ?34-24-3 60 and in the rules and regulations promulgated by the Commission, speci?cally, sexual misconduct in the practice of medicine, a violation of Ala. Code ?34?24?3 60(2) and Medical Licensure Commission Rule Based upon the foregoing ?ndings of fact and conclusions of law it is the Order of the Medical Licensure Commission that the license to practice medicine in Alabama of the Respondent, David J, Pavlakovic, M.D., be INDEFINITELY SUSPENDED. Effective September 1, 2009, such suspension shall be lifted and the license shall be placed on INDEFINITE PROBATION subject to the following conditions: 1. Dr. Pavlakovic shall maintain a Contract for Maintenance Treatment with the Behavioral Medicine Institute of Atlanta. 2. In accordance with his current contract with the Behavioral Medicine Institute of Atlanta, Dr. Pavlakovic shall do the following: A. Dr. Pavlakovic shall have no sexual contact of any kind with any current or former patients or staff members. B. Dr. Pavlakovic shall attend individual treatment with a therapist approved by the Medical Licensure Commission, at least twice per month and shall keep a record of his attendance and provide such records to the Medical Licensure Commission. C. Dr. Pavlakovic shall have a chaperone present during any examination of a female patient and shall have the chaperone initial his examination note in the lower right corner of such note, indicating that the chaperone was present during the entire examination. D. Dr. Pavlakovic shall have at least two Staff Surveillance Forms completed by the 15th of each month, by two staff members who work in his of?ce or in any hospital where he practices. Such forms shall be sent by the staff to Dr. Pavlakovic?s individual therapist for review. E. Dr. Pavlakovic will undergo a polygraph examination every six months, similar to those conducted at BMI. The results shall be provided to the individual therapist. F. Dr. Pavlakovic will maintain copies of quarterly reports which are sent to the Medical Licensure Commission. G. In each of?ce where Dr. Pavlakovic works, the Principals of Medical Practice shall be posted. H. Should Dr. Pavlakovic have any further communication with any patient or staff member with whom he has been accused of sexual misconduct, he will report such communication to the Medical Licensure Commission, the individual therapist and the Practice Monitor. 1. Dr. Pavlakovic shall select a local physician, acceptable to the Medical Licensure Commission, who will be his Practice Monitor. This physician will agree to discuss problems with patients and/ or interaction with of?ce staff and will agree to make quarterly reports Medical Licensure Commission. J. Dr. Pavlakovic shall take at least four hours of ethics training per year. Such ethics training shall be in addition to any other required continuing medical education. 3. Prior to the re-entry of the practice of medicine, Dr. Pavlakovic shall submit to the Medical Licensure Commission, for its prior approval, a detailed plan of practice. 4. An Administrative ?ne is assessed in the amount of $10,000.00, such ?ne being due and payable within 60 days of the date of this Order. 5. The Board of Medical Examiners may submit its cost bill within 20 days of the date of this Order. ENTERED day of 1) 2009. (lam/.3 wt E. WEST, MD. airman, Medical Licensure Commission of Alabama ALABAMA STATE BOARD OF MEDICAL EXAMINERS, BEFORE THE MEDICAL LICENSURE Complainant, COMMISSION OF ALABAMA vs. CASE NO. 08- ?g ff DAVID J. PAVLAKOVIC, M. D., Respondent. ORDER TEMPORARILY SUSPENDING LICENSE AND SETTING HEARING Upon the veri?ed Administrative Complaint of the Alabama State Board of Medical Examiners, and pursuant to the authority of Ala. Code 34?24?361(f) and 41-22-l9(d) (2007), it is the ORDER of the Commission that the license to practice medicine, license certi?cate number MD.22143, of DAVID J. PAVLAKOVIC, M. D., be, and the same is hereby, immediately suspended. DAVID J. PAVLAKOVIC, M. D., is hereby ORDERED and DIRECTED to surrender the said license certi?cate and his Alabama controlled substances registration certi?cate and all controlled substances of which he has possession to gin a duly authorized agent of the Medical Licensure Commission. DAVID J. PAVLAKOVIC, M. D., is hereby ORDERED to immediately CEASE and DESIST from the practice of medicine in the State of Alabama until such time as the Administrative Complaint of the Alabama State Board of Medical Examiners shall be heard by the Commission and a decision rendered thereon. This action is made consistent with the Rules and Regulations of the Board of Medical Examiners and the Medical Licensure Commission and Ala. Code 34-24-3616) (Cum. Supp. 2006), based upon the request of the Alabama State Board of Medical Examiners upon the Board?s ?nding and certi?cation that the Board presently has evidence in its possession that the continuance in practice of DAVID J. PAVLAKOVIC, M. D., may constitute an immediate danger to his patients and the public. It is the further ORDER of the Medical Licensure Commission that the Administrative Complaint of the Alabama State Board of Medical Examiners be, and the same is hereby, set for hearing on the ZE/lday of cam ?tr 3002, at 9 at the of?ces of the Medical Licensure Commission, 848 Washington Avenue, Montgomery, Alabama. DAVID J. PAVLAKOVIC, M. D., is ORDERED to appear before the Commission at the aforesaid time and date to answer the allegations of the Administrative Complaint ?led by the Alabama State Board of Medical Examiners. It is the further ORDER of the Commission that a copy of the veri?ed Administrative Complaint of the Alabama State Board of Medical Examiners and a copy of this order shall be forthwith served upon DAVID J. PAVLAKOVIC, M. D., by personally delivering the same to him at his of?ce or at his residence or such place as he may be found in the State of Alabama, or by certi?ed mail, return receipt requested, to his last known address if he cannot be found in the State of Alabama. The Commission further directs that the service of process shall be made by Eda): who is designated as the duly authorized agent of the Medical Licensure Commission. The Honorable Wayne P. Turner is hereby designated as hearing of?cer in this matter. It is further ordered that the parties and their attorneys immediately check their calendars for scheduling con?icts. No requests for continuance based upon schedule con?icts of attorneys or parties will be considered unless such request is made prior to [Dan/(m 4 ORDERED at Montgomery, Alabama, this Medical ALABAMA STATE BOARD OF MEDICAL EXAMINERS, BEFORE THE MEDICAL LICENSURE Complainant, COMMISSION OF ALABAMA vs. CASE NO. 08122 DAVID J. PAVLAKOVIC, M. D., Respondent. ADMINISTRATIVE COMPLAINT AND PETITION FOR SUMMARY SUSPENSION OF LICENSE Comes now the Alabama State Board of Medical Examiners (hereinafter ?the Board?), and submits herein its sworn petition pursuant to the authority of Ala. Code 34-24-361(e) and (2007), and respectfully represents to the Medical Licensure Commission the following: 1. On August 26, 1998, the Respondent, David J. Pavlakovic, M. D., was issued a license to practice medicine in the State of Alabama, license number MD.22143. 2. The Board of Medical Examiners has caused an investigation to be made into the medical practice of Dr. Pavlakovic, and, based on that investigation, has concluded that there is probable cause to believe that the Respondent has committed the following violations of Ala. Code 34-24-360 (2007): a. Unprofessional conduct as de?ned in Ala. Code 34-24-360 or in the rules and regulations promulgated by the Commission, speci?cally, sexual misconduct in the practice of medicine, a violation of Ala. Code 34-24-360(2) and Medical Licensure Commission Rule 545-X-4-.07. b. Distributing by prescribing, dispensing, furnishing or supplying a controlled substance to a patient for a reason other than a legitimate medical purpose, a violation of Ala. Code 34?24-360 (8). 3. In support of the allegations of the violations of Ala. Code and (8), the Board alleges the following: a. Patient #1 (a female): On or about April 15, 2008, Dr. Pavlakovic kissed the patient, fondled her breasts, exposed his penis to her and ejaculated on her clothing. This inappropriate sexual behavior occurred with Patient #1 at or near the time of of?ce visit when Patient #1 received medical treatment from Dr. Pavlakovic. At the time of this of?ce visit, Dr. Pavlakovic'provided a prescription to Patient #1 for Endocet, a Schedule II controlled substance. Patient #2 (a female): On multiple occasions, Dr. Pavlakovic kissed Patient fondled her breasts and had Patient #2 perform fellatio on him. Dr. Pavlakovic engaged in this inappropriate sexual behavior with Patient #2 during of?ce visits. Dr. Pavlakovic furnished controlled substances to Patient including KlonOpin, a Schedule IV controlled substance, and Lortab, a Schedule controlled substance. Dr. Pavlakovic agreed to provide controlled substances to the patient in exchange for the patient performing fellatio on Dr. Pavlakovic. Patient #3 (a female): Dr. Pavlakovic engaged in sexual misconduct with Patient #3 during of?ce visits. The inappropriate behavior occurred on two occasions. On the first occasion, Dr. Pavlakovic touched the breasts of Patient #3 and attempted to kiss her on the mouth. On the second occasion, Dr. Pavlakovic exposed his penis to Patient #3 and indicated to Patient #3 that he wanted her to touch his penis. Additionally, Dr. Pavlakovic asked Patient #3 to be his date for a social occasion. d. Patient #4 (afemale): During an of?ce visit, Dr. Pavlakovic engaged in sexual misconduct with Patient #4 by grabbing her around the neck, kissing her on the mouth and fondling her breasts. e. Patient #5 (a female): Dr. Pavlakovic engaged in sexual misconduct with Patient #5 by hugging Patient attempting to kiss the patient on the mouth and grabbing her on the buttocks. 4. The Board alleges that Dr. Pavlakovic has engaged in a pattern and practice of inappropriate sexual behavior with patients by kissing patients on the mouth, fondling patients? breasts, and exposing his penis to patients during the time period when he was rendering medical treatment, including prescriptions for controlled. substances, to these patients. 5. The Board of Medical Examiners ?nds and certi?es to the Medical Licensure Commission that the continuation of Dr. Pavlakovic to practice medicine in Alabama may constitute an immediate danger to patients or to the public and that the Board has in its possession evidence to support this ?nding. Wherefore, the foregoing premises considered, the Alabama Board of Medical Examiners respectfully requeSts that the Medical Licensure Commission, pursuant to its authority under Ala. Code 34?24-3616) and (2007), immediately su?spend the license to practice medicine of David J. Pavlakovic, M. D, Without a hearing, and order that the Respondent immediately cease and desist from the practice of medicine in the State of Alabama and surrender to the Medical Licensure Commission of Alabama or a designated agent his license to practice medicine, his Alabama Controlled Substances Certi?cate, and any inventory of Controlled substances which are now in his possession. Further, the Board of Medical Examiners requests that the Medical Licensure Commission set a hearing on this Administrative Complaint, and order that the Respondent, David J. Pavlakovic, M. D., appear and answer the allegations contained in this Administrative Complaint. Further, the Board requests that, at the conclusion of the hearing, the Commission revoke the license to practice medicine of Dr. Pavlakovic, and/or take such other actions as the Commission may deem appropriate based upon the evidence presented for consideration. The Board of Medical Examiners is presently continuing the investigation of the Respondent and said investigation may result in additional charges being prepared and ?led as an amendment to this Administrative Complaint. This Administrative Complaint is executed for and on behalf of the Alabama State Board of Medical Examiners by its Executive Director pursuant to the instructions of the Board as contained in its resolution of September 10, 2008, a copy of which is attached hereto and incorporated herein. Jib- EXECUTED this I day of September, 2008. lamb Larry Dixon, Executive Director Patricia E. Shaner, Esq., Attorney for the Alabama Board of Medical Examiners 848 Washington Ave Montgomery, AL 36104 Telephone (334) 242-4116 Facsimile (334) 242-4155 STATE OF ALABAMA MONTGOMERY COUNTY Before me, the undersigned, personally appeared Larry D. Dixon, who, being by me ?rst duly sworn, deposes and says that he, in his capacity as Executive Director of the Alabama Board of Medical Examiners, has executed the contents of the foregoing complaint and af?rms that the contents thereof are true and correct to the best of his knowledge, information and belief. ?team/33$ i/ Larry D. Dixon, Exec tive Effector Alabama State Board of Medical Examiners SWORN TO AND SUBSCRIBED before me this I {fur day of September, 2008. Notary Public? 0 My Commission Expires: - STATE OF ALABAMA vv MONTGOMERY COUNTY A I A I Before me, the undersigned, personally appeared Larry D. Dixon, Executive Director of the Alabama State Board of Medical Examiners, who, being by me ?rst duly sworn, deposes and says as follows: The Alabama State Board of Medical Examiners session on September 10, 2008, a quorum of the members of the Board being present, conducted an investigation into the medical practice of David J. Pavlakovic, M. D., and at the conclusion of the discussion, the Board adopted the following resolution: David J. Pavlakovic, M.D., Birmingham. After consideration of investigative information, the Credentials Committee recommended ?ling an Administrative Complaint and Petition for Summary Suspension of License with the Medical Licensure Commission on the grounds of unprofessional conduct due to sexual misconduct with patients and prescribing/?lmishing a controlled substance to a patient for a reason other than a legitimate medical reason. The motion was adopted. I further certify that the foregoing resolution was adopted by the Alabama State Board of Medical Examiners on the 10th day of September, 2008. (Lamb 633/ Larry D. Dixoii, Executive Di'fgdt?or Alabama State Board of Medical Examiners SWORN TO AND SUBSCRIBED before me this I day of September, 2008. Notary Pu lic My Commission Expires: [a