THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH SUPERIOR COURT Merrimack Superior Court Telephone: 1-855-212-1234 163 North Main SLIPO Box 2880 Tl'Yfl? DD Relay: (800) 735-2964 Concord NH 03302-2880 NOTICE OF DECISION Lynmarie C. Cusack, ESQ NH Attorney General's Office - DOJ 33 Capitol Street Concord NH 03301-6397 Name: Anna Konopka Medical Board Case Number: 217-2017-CV-00519 Enclosed please find a copy of the court?s order of November 15, 2017 relative to: Order November 15, 2017 Tracy A. Uhrin Clerk of Court (003) C: Anna Konopka NHJB-2503-S (07/01/2011) @112 ?bril: of CNefn '1 ampalrire MERRIMACK COUNTY SUPERIOR COURT ANNA KONOPKA v. NEW HAMPSHIRE BOARD OF MEDICINE Docket No.1 217-2017-CV-519 ORDER On November 3, 2017, hearing was held on the petition for injunctive relief ?led byoDr. Anna Konopka against the New Hampshire Board of Medicine. Separately, the Board has moved to dismiss this action citing the voluntary surrender of license signed by Dr. Konopka on September 12, 2017. The Court treats the arguments made by Dr. Konopka at the hearing, as well as her written letter dated October 24, 2017, as an objection to the motion to dismiss. For the reasons that follow, the Court DENIES the request for injunctive relief and GRANTS the motion to dismiss. Dr. Konopka is 84 years old and has been practicing medicine for 55 years. According to her letter, she has been a sole practitioner in the area of pediatrics and general medicine for 46 years. Since 1968, she has maintained a private practice in New London. In 2014, a complaint alleging misconduct against Dr. KonOpka was ?led with the Board. Following an investigation and negotiations, Dr. Konopka signed a Consent Decree. She denied the allegations of misconduct. However, Dr. Konopka stipulated that the Board could conclude from the evidence that she engaged in professional misconduct in connection with her treatment of a patient in violation of RSA 329:17, VI (0) and Subsequent to that Consent Decree, the medical review subcommittee of the Board received additional complaints concerning Dr. Konopka. These allegations appear to relate to Dr. Konopka?s record keeping, prescribing practices and medical decision making. S_ee Voluntary Surrender of License 1] 4, 5. On September 12, 2017, Dr. Konopka signed a voluntary surrender of her medical license. The terms of the voluntary surrender allowed her to provide scheduled and emergency treatment to her patients until October 13, 2017. Dr. Konopka was represented by experienced legal counsel at the time. The voluntary surrender provides: ?1 have had the opportunity to seek and obtain the advice of an attorney of my choosing in connection with my decision to sign this documen Voluntary Surrender, 1[ 12. On October 2, 2017, Dr. Konopka sought injunctive relief in this court arguing she was forced to sign the voluntary surrender. Complaint, 115. In her letter of October 24, 2017 (which is marked as Plaintiff? 5 Exhibit 1) and in her argument at the hearing, Dr. Konopka alleges she acted under duress because she was told her license would be taken on September 13, 2017 if she did not sign and the document permitted her to continue to treat her patients for another 30 days until October 13, 2017. She further maintains that an injunction permitting her to continue to practice medicine is necessary because many of her patients cannot afford medical services elsewhere. ?The issuance of injunctions, either temporary or permanent, has long been considered an extraordinary remedy.? N.H. Department of Environmental Services Mottolo, 155 NH. 57, 63 (2007). To obtain injunctive relief, a plaintiff must show a likelihood of success on the merits, immediate danger of irreparable harm, and that there is no adequate remedy at law. Because Dr. Konopka has failed to show a likelihood of success on the merits of her claim, she has failed to meet that burden. As the Board points out, the legislature has given the Board of Medicine the primary responsibility for protecting the public with regard to the privilege to practice medicine in New Hampshire. RSA 329: 1 -aa. As the New Hampshire Supreme Court has recognized, the Board possesses ?expansive authority regarding the licensure of medical practitioners and broad authority to discipline members of the profession.? Appeal of Rowan, 142 NH. 67, 74 (1997). Here, the Board pursued the statutorily established process with regard to disciplinary proceedings concerning Dr. Konopka. Following a period of negotiations and with the assistance of legal counsel, Dr. Konopka signed a document agreeing to surrender her license to resolve pending allegations concerning her practice. At no time did either Dr. Konopka or her counsel challenge the legitimacy of her voluntary surrender; nor did she seek to have the surrender document set aside or vacated. This Court expresses no opinion on whether injunctive relief might be available in a situation where a physician, such as Dr. Konopka, seeks to vacate a voluntary license surrender based on duress and the Board acts unreasonably or arbitrarily in failing to grant relief. Thompson v, N.H. Board of Medicine, 143 NH. 107, 109 (1998) (Superior Court has authority to grant injunctive relief in appropriate circumstances). The Court has admiration for Dr. Konopka?s devotion to her patients. Several of her patients were in attendance at the hearing. It is clear to the Court that Dr. Konopka has spent her career helping people in her medical practice and has a genuine commitment to address the needs of those not able to afford medical care elsewhere. Her motivation to seek an injunction allowing her to continue to practice comes from a sincere desire to continue to help her patients. The Court is impressed with the digni?ed manner she has approached this proceeding and the thoughtful way she expressed her request for relief. Under the circumstances of this case, however, Dr. Konopka has failed to demonstrate that the extraordinary remedy of an injunction allowing her to continue to practice medicine is appropriate. To hold otherwise would be to ignore the process established by the legislature to regulate the practice of medicine in this State. This is the very process under which Dr. Konopka, represented by experienced counsel, surrendered her license to resolve pending complaints against her. If Dr. Konopka seeks to have the Board vacate her voluntary surrender based on duress and the Board acts unreasonably in denying her relief, she is free to again seek injunctive relief from this court. The request for injunctive relief is DENIED and the case is DISMISSED without prejudice. S0 Ordered. DATED: Il/ig/I?? ?r HN c. SSINGER jg resi gJustiee