STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION DEPARTMENT OF FINANCIAL AND PROFESSIONAL El) .152 REGULATION of the State of Illinois, Complainant, 3 V, No. 2013?0430? 5% Jay A. Riseman, M.D. 92 License No. 036-076506, Respondent. fF, :93 NOTICE OF PRELIMINARY HEARING 8 E- 2 ?a Jai A Risemanl M.D. PLEASE TAKE NOTICE that on July 1, 2013 at 1:00 you are directed to appear before the Administrative Law Judge of the Department of Financial and Professional Regulation of the State of Illinois (the ?Department?) located at 100 West Randolph Street, Suite 9-300, Chicago, Illinois 60601, at which time a hearing date will be set. You are requested to then and there present any and all routine motions you may wish to have heard regarding the charges contained in the attached Complaint. Any motions presented on the above date should be served on the Adjudicative Services Unit of the Department of Financial and Professional Regulation, Division of Professional Regulation, 100 West Randolph Street, Suite 9-300, Chicago, Illinois 60601 at lease three (3) business days in advance of the scheduled hearing. Your appearance on the scheduled date and time is mandatory and your failure to so appear may result in the selection of a hearing date in your absence, unless a continuance has been secured in advance. Your appearance may be made personally or through counsel. It is required that you file a Written Answer to the attached Complaint under oath and penalty of perjury with the Department within twenty (20) days after this notice was mailed. The Answer should address each numbered paragraph of the Complaint. The Answer shall be signed under oath and your signature must be verified by a notary public who affixes the notary seal to the document. For each paragraph of the Complaint, the Answer should either: a) admit the allegation in the paragraph; b) deny the allegation in the paragraph; 0) state under oath that you have insufficient information with which to admit or deny the allegation in the paragraph. PLEASE BE ADVISED that failure to file a verified Answer may subject you to being held in default. If you are held in default, the Board will assume the allegations of the Complaint to be true and will issue recommendations based on the facts without a Formal Hearing being held. These proceedings are pursuant to the jurisdiction granted to the Department to investigate complaint and to bring this action pursuant to 20 ILCS and 225 ILCS 60/36. RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS IN THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION AND BEFORE COMMITTEES OR BOARDS OF SAID DEPARTMENT AS WELL AS PRACTICE ACTS AND RULES MAY BE OBTAINED AT THE WEBSITE PLEASE BE ADVISED THAT YOU WILL HAVE TO SHOW A STATE ISSUED PHOTO IDENTIFICATION AND GO THROUGH A METAL DETECTOR IN ORDER TO GAIN ACCESS TO THE BUILDING. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois; Division of Professional Regulation Vladimir Lozovskiy Attorney for the Department Vladimir Lozovskiy Staff Attorney, Medical Prosecutions Unit Department of Financial and Professional Regulation State of Illinois 100 West Randolph Street, Suite 9?300 Chicago, Illinois 60601 312/814?1691 State 1 980/} [at/509' UNDER ol? perjury. as provided by law pt?trsuant to Section 1?109 of the Illinois Code ofCivil Procedure, the undersigned certi?es that I cause the attached COMPLAINT AND NOTICE OI: PRELIMINARY HEARING to be deposed in the United State mailbox located at 100 West Randolph Street, Suite 9-300, Chicago, Illinois 60601 and by mailing same by CERTIFIED mail at 100 West Randolph Street, Suite 9? 300, Chi a 0, Illinois 60601, before 5:00 pm with proper postage prepaid on the 24: day of 2013 to all parties at the addresses listed on the attached documents. County of Cook Batch #2 78 Article 71054522644000002558 Date/Time: 5/24/201312155253 PM Code: LOZOVSKIY Code2: 2013-4303NPH File Internal File #2 Internal Code #2 2: 2013-4303 STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION DEPARTMENT OF FINANCIAL AND PROFESSIONAL Fr; REGULATION of the State of Illinois, Complainant, 2:9; v. )No. 2013?0439? ff, Jay A. Riseman, M.D. .4 License No. 036-076506, Respondent. g? :2 c3 .. c: COMPLAINT ?23. *9 NOW COMES the DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of Illinois, by its Chief of Medical Prosecutions, Laura E. Forester, and as its COMPLAINT against Jay A. Riseman, M.D., Respondent, complains as follows: COUNT I Respondent is presently the holder of a Certi?cate of Registration as a Physician and Surgeon in the State of Illinois, License No. 036-076506, issued by the Department of Financial and Professional Regulation of the State of Illinois. Said license is presently on Active status. Respondent is a holder of License No.04-43116 issued by the State of Kansas Board of Healing Arts. The Department received information that on December 8, 2009, the State of Kansas Board of Healing Arts approved a Consent Order whereby Respondent voluntarily agreed to the following disciplinary action and limitations as a condition to being granted licensure to engage in the practice of medicine and surgery: Limitations: Respondent is prohibited from performing any act of surgery. For the purpose of this limitation, the term ?surgery? means to sever the tissues of the human body for the purposes of penetration for diagnosis, treatment, or the replacement and/or removal of af?icted parts. This de?nition speci?cally excludes the intramuscular injections of medicines and the access of a peripheral venous structure for the purposes of drawing blood or administering ?uids and medications. See Exhibit A attached hereto and made a part of this Complaint. 4. The foregoing acts and/or omissions as alleged are grounds for revocation, suspension, or other discipline to a Certificate of Registration pursuant to 225 Illinois Compiled Statutes (2002), Section of the Illinois Medical Practice Act. WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of Illinois, by Laura E. Forester, its Chief of Medical Prosecutions, prays that the Illinois Physician and Surgeon License Jay A. Riseman, M.D., be suspended, revoked, or otherwise disciplined. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of Illinois By: Laura E. Forester Chief of Medical Prosecution Unit Vladimir Lozovskiy Staff Attorney, Medical Prosecutions Unit Department of Financial and Professional Regulation Division of Professional Regulation 100 West Randolph, Suite 9-300 Chicago, Illinois 60601 312/814-1691 if a 2am: assaas sass amass (as masses sass as as: :1 trawl aa as as as amass is tha Matias of -. . DOCKSINO. was coals-5a slay Alas K?sassaaz ?fl . E- Kariaas Na. cams saw, the Kansg Sia?sa Board {3f swag lasts, (?Boasd?}, by and through Stacy Band, Associate Lislga?ca (Ismael and Jay Alan Riseaass, aw. (?Amalgam?), pm as, anal mass the Board fer approval of a (lessens Circles gram-13s Assassin ?scams .0 pas-sass sim?cina and Stages}: in the Staa of Kansas. Tim 23? as siipulasa asicl agraa to aha fallowing: i. Appl?cam?s lass samurai mailing address to the Basal is: (con?dentaai) Sashag?eld, ii, 62702. 2. Cm or aims?: liflay 26, 2609, Appliaan'i submitted a) the Board as application far liwasw?a in maa?iairie and surgazy. Sash agzylicai?oa was sews-3d sampler-ta Exicvambsi? 9, 28:39. 3. Tha- B-oasei is she sole and exclusive administrative agazcy in the State of Kansas ta regulate the practice of the healing asis, Speci?cally the practice of malaise aria surgery. KSA. 65-2801 61 seq. and K811 65-2869. 4. This Emacs-it Grass and the ?ling of sales: documam are in accordance was law as}. as: Basra has jurls ?istioa to 6mm msa iha Canaan: Gsdas as ara?aazi by KSA and 654338. Upan approval, {mesa stipulations shall Coman?i (Brides .an Alan Elisamzsa VB. ?if? age 3 01?10 m?mn?e we timings of the Board, and this Consent Order sisal! wns?tute the Boar??s Fizaai Gr?er. 5. Tim Kansas Heaiing Axis Act is m?m?oual on its face and as appiied in ?ue case. Appiicmt agrees that, in considering his water, the Board is not acting its gmsdic?oa as provided by law. 6. Appiiwm wimtar?y and knowingly waive-s his right to a hearing. Apg?icant vaium'?m?y md Emovringly waives? hig sight to present a fiefense by oral testimeny am? documm?my arias-nee, to submit rebuttal avid-mas, and to can?uci: crass- examina?on of wimaases. Applicant volmitaxiiy and mowing}; :1ng to waive ail mss?bie mad. pmoedurai motions and defensa could be raised if ?1 were 11315". 7. The mam; (semi umn??tims of the Consent Order are emerai into be?veen the m?emignes? gm?ia; magi are submitted far the purpose of allowing ?me terms and 603%:in to become an Ordes of the This {Tammi Order shall not be bin?ing on 131% Beam untii ax: marked signatm?a is af?xed at the end of ibis documant. Amlica?t speci?cally acknowledges that counsel for the Board is not ami?aozized ?0 $ign this Consent Order on MW of the Board. 8. The 303:6: 533.9 rewived infonmtim and immtigaied the same, and Ems reason is Ejsiieve 5:213? there are grounds pursuam to ELSA 65?2836, to deny Applicant?s appiica?m f0? iicepsuxe under the Heaiing Act, KSA. 65-2801, et seq. 9. On March 35, 2002, the Elkino?s Board isswed an emergency suspension of App?wm?s iicemse aliegfmg mat Applicant; grose? an immediate dangsr to the pubiic. 0:2 Agata 2'2, 200:2, Applicant entered into an agreed Stipulation ami {lament {?r?iar Jay Alan 3526mm, MD. -unu~xm 1'33. nun-w- Page 2 of Recommema?on for Set?emt which {biased Appiicmt?s ?cense 0:1 inde?nite probg?m w??x for not less than ?ve? years. 85: May 24, 200?, the inde?nite probation was lifted and. Appiicam?s licmse was restored to uniimited/mum?icted status. 10. Ram 331395: 1993, Appiicam has been subjec? to minim (13) malpractice actions. (confidential) (confidentiai) One (1) ofthese cases resuliea?i in the death of the patiezri. 11. Afjpiicam escimowledges that if formal hearing were comma 331d presented no exhibits, witnessm or other evicience, the Board has suffmimt ev??eme prove mat Applicant Isms violated ?ne Healing Arts Act wi?s rapes: to $13 above aliegatieizs. Applicant ?u?nei' waivas his right to dispuie 0a" o?zemise mama the allegaiiens rant/3mm. in the above pamgraphs in any ?lrther prom?i?g mfci'e this Board. 12. .??agpiizzam $3.03ng ELSA. 6548366), by having had a limse to practice ?le Ezea?izsg am: revakeai susgzeaded or limiiezi, has beam samurai or has had ether dissi?inaxy astioa takm by the prope: iicwsing milwrity of an-o?zer sate. 13. Appiiczmt violazed KSA. by haying an adverse judgment, awar? or se?imem @ainzst the licmsee resulting a medical Eiability ciaim {claim to Comm: BREE-5: jay Mm": ?semm, Page 3 of 10 {as/as or imam; sir? mi?ar ?0 acis or madam which wash? assistimie grounds for 6issii2ii?asiy action mania: this section Pi mum? 30? S. AL 65-2836, the Board may revs! uL, suspend, limit censme or place made? probatiossm App?imt?s 23081338 and pmusm in KSA 65-28633 she Eeard has the anthem}; So impose administrative ?nes for violations of the ?ssiing Arts Ass. Accorciisg: 6342.33?? 33- 233%?) the "Sean? has mhm?y to enter in: c; this Comes: 0mg? ?ie necessity of puma to a ham? hearing. 16. massing invmgatioa materis?s Appiimt were fully reviewed anti wsidav Fred ii} 318 30311? mmbeds) who same on the Board?s Disciplinary Panel assigns-{mgr 323323? E0. auihorized and directs? Boast? mama? to seek an. mm: oft? iris ma?a? the pmvisitms mummies? ?ns ?gment Grder. mu . sf $632612ch a formal preces?ingi Applicant, by sigs af?xes? to ibis Comes? ?r?sz, hereby vsimtaziiy agrees in the foliowing discig?inaiy action ans iimimions as: a conditiozz a: being granted to assigsge is: the psastice of medicine 2m? 2?3. Ami? mean 15.5 mhjizitad from. psxfomung emf sugary gr For time purposes of this Eimitatim, iihe ism means to sever the tissuss of the hum-ism body f0? ms p-I'Jrgs'oses of psmma??on for diagnosis, or the replacemesat and/or removal afar; ?listed parts. This de??i?on speci?caiiy exciudes the intramuscular injectioai of medicines Jun-m erunw?u Comm? Gide? Jay Alan Risem MUD Page: of 10 and the 390363 of a. peripherai venous alumna for the purposes of drawing 23103335 or administering ?uids and. medicmions. 18. Apg?iasa??s fa?iure to comply with the provisions of ?533 (20115333033181 may mull: ?33 3213 3011155; 3.354533% Ma: disciplinmy 31:55:13 a ?re 5303135 5% appropriate 39903525313; *3 ?233 Kansas A?m-lnisti?ative Procedure 5161' 313:5 541311-333 Hea?ng 131.133 A33. 19. No?ring in this Consent Orders-3 513315 be ccm?ma? to @6315: the Board jurisdiction to inves?gaie alleged violaiions of the Healing Arts Act, to investigate complaints 3311333153 11131531 the Risk Mmg-emwt Law, KSA. 65-4921 at seq, that are Emewn or 1315;333:313 and are not mixers?? under this {Consent Order, or to irritiate fe?m?ii preseztdi?gs E33356 upon how; 01? 3313131933113 ailegalicns of violations of the $1335ng 2333; Act. 20. Apyiicam hareby releases the Board, its im?rividuai (in 35133:" o?icial 313:3 133330313 33pasily), attomws, emplayees sand agents, hereina?er coliectively 3:2 215; ??E?eieasew?, ?om any and claims, 33:31:16ng but not iimited to 133933 ?agged 53113133233, warm, liab?ii?es, both a?nm?m?a?ve and civii, inciu?ing 1538 i?msas Act ?01 Judicial Review and Civil of Agency Actions, KSA. 77-601 et seq. arising out of 1538 investigaiicn 331d ads leading to the axecu?on of this Consent Order. This reieazse Shari} forever discharge the Releases my and claims or 0161113333355; of awry kind 332d nature that 3533;351:3131; 1333 3335331335 t9 have 133:5 the time of this Mews or might have had, 6315233 133303313 93' 3315211333113, suspacted or unsuspected, and Applicant shail not Comm? 63:45:33 Jay Alan 33333213352, MD. Page: 5 03? It} wmmeme to mosewte, came or 96mm to be proswi?s?, my mien or preceed?ng of any descriptisn against me 511336535563. Applicmi further and agrees. that upon sigasrxm'e by Applicant, this 351313 be waged a public mom! amd shall he mtgw?'ed to may regoriing entities w??io?zsd to receive disclosing of 131m Order. 22. Canseni Gr?e'f, whes: Signet} by both pa?dw, mummies the entire agreement b?ween fag parties and may {my be modified or amended by a; subsequem ?gsame? in "the same mamaer by file pamr?as. 3 3. Ag?piisam agar-sear; $23 Momma}: mummi?ed by the Beard ge?a?n?ng ?0 The mime azmi {35:13: 0f my comglaim? invesiigmicm may be fully disclosed is mii ccmsidei'ed by #118 Board in mc?m with the pmema?on of any offer of settiemsm, evm if Appiicam is net 2331mm: Aggplicem fm??ier acknowledges that. ?he Semi may coming: father inquixy as it deems mc?saxy Before the comp?ete or 37mm} ama?gtance or rejection of any mf?ar of 555311311183. 24. ?pp?imt, by Signmam this document, waivw any ak?ec?icn to ?e paz?cigta?ion of ?gs- Board 111611113613? imiwliag the: Disrdpiinazy Panel and General (lemma, it: "ie consideration of ibis o?'er ofsef?ermaan?; m? agrees not ta seek the disqvaii?ca?c? or tecusai 9f any Read maybe! or (Emmi Courage: in any Entire amswamgg an: $23 basis that ?le Board member or Swami COMSEK has: received im'?t?ga?ve ?afomia?on from my scum: which o?mrwise may not b% af?uissibie or mfg-?tted as evidence. 25. Appiicm?i asknowla?gw that he has read this; Caressa: Carder and fully m?mmds me 0021mm Congas}: Jay Ajax: Risemm MB E?ege 6 of 26. Appiicmi Em this {lenses}: Order has ham; emewi Ema ?rmly and veimmg?iijy. 21 ?13.1 33' hetweem .. Appxirm?z the Beard reEating 30 Ears Gide: 331333 315 by cemi?ed mail Mains-356d to ?ag Kansas Stays aid; of?aaimg mm, Am: Stasy R. Eon-{L Aswciaze Li?gaz?on Cor-?1553, 235 Tape 5MB Topeka, Kmsas 66603-3053. 28. App??camt .3231! obey ail fe?ersi, ?at-e ask-d5. 30033 lava-*5 and ri?es gaveming the magic; efm 2m and smgexy in: time 254*1?3 of Kansas that may ammtioz: of ?ne Consent (Mia or may became effecti su?sequem to E23 eaxasama ofthis docmiem. 29. mm: Exeamcn of this Consent: Girdei' by af?xing 3, Brad aus?m?zad signature beEow, 15m y-rovisions of this Comm 0mm shall hem-1m: a3: Ozzie; made: ELSA. 65-2838 Eris Consent 0:213: shall Ike Board?s 0-. {Est Wham ?ied ME: f: ?36 nag-ice [is Em mat-ave Di Nesta: fer iihfs Board .z'sl? :30 Emma! ther?s E: ragvaized. This Gamma: Gr?er ami?mim disc?p?iizna?rj evasion 31. Ehe Board 33w; comider ail of this Consent Urde?r in any future matter regarding Ewi?cant ESE. Em ?zs Conwat Gratis? 22nd agreemen?. of the parti? c022 mi Ezea?em is adop?ed 'in E28 Readers - gangs 0 2:215 w?clusions of law. ES (EELBEREB ?rm mm: meeting 312 teamed rmuiremsnis far 5me, App?c?am shail be gmnted :1 Homes. Comm? {h?er Jay Aim Risenmg 21' 0310 ES 1 that: a. is proh?'hite? Sam p??tiim?i?g any act of surgaty. S. Eat the 322333th (if this the tent: ?smgery? them is sever the EESSEEBS 9f the SW [may for the ilaf yemm?azwh Eb: diagtwsis, at the teplSaement Shaver renmval 0f a??tic?ted pang. {his Egyatzt?mtty axctu?a?s- the intrmuscdat in}? 0f 221E ma?a; m? i?E?EiiCiElEae ft}: ESE ym?pasea 0f titmt'ittg Siam at? Mitigating ?it??il?aii?m. <3 ES SEE 0E3. ?sts dag? ofEZ?tecamber, 2089. FEES . Eia??a?ta Sewer Ewart: Enta'im Emwtrive Bitectoa' Date lazy AISL if g: {r Bat? I Qanmt, 33y Stan Sisamatt, SES. Page 3 SE19 Assm?e Li?ga?m?? Camel Kansas; 393% {af?m?ii?g $1123 235 ?fagw?ia Ems??ram Tamika) Eimzsas 65533-33368 Mum )r-rviw 'ulnvl ?amm? {Mia jay Aim: g??iaem?g ?5:33. a wart-rm?: E?age 9 of E, the mdei?s?gaesi Ezemby aert?? {has i served a mug :msi com-mm my? cef ?ag ?03533: . - Order by United Swag 211321, postage prepa?s}, cm this it" day af?ammber, 2909, to me foiiowmg: 33}; ARE: E?sm Mib. App?cmt (can?dentiai) Sprigg?ei?, ii; 52?sz And the mi $112233 wag bani-?ied Miami Sewer Lima Ma?a: Emm?w ?irwi?m Kansas Egmaa?? Am 23$ ?E?wem Bau??ymi Yapeka, Mm; 666?3?3%3 .?md a saggy was hmdu-?eiivared E0: Stacy Boga-r3; ?ssocia?g El?a?gat?m {lemme} Kama; Eamd of? Ewing ?rms 235 g. ?i"aye?m Toy?ka, Kaszsas 66%3533w3863 Lim??ig Ma Beamd ef?m?ag Am 1233 g. ?fe?eka Bau?evard "fopeka, Karma 658333063 Cougar: (Mia: - 3&3! Alan ?g?mm? my. Pag?: 30 31? 1:0