PFIL an 5 ?3 21] [13 BEFORE THE BOARD OF HEALING ARTS KS 3mg. OF THE STATE OF KANSAS at In the Matter of a Docket No. 10-HA C200 (g5, Jay Alan Riseman, MD. Kansas Licmse No. Pending CONSENT ORDER COMES NOW, the Kansas State Board of Healing Arts, (?Board?), by and through Stacy Bond, Associate Litigation Counsel (?Petitioner?), and Jay Alan Riseman, M.D. (?Applicant?), pro se, and move the Board for approval of a Consent Order affecting Applicant?s license to practice medicine and surgery in the State of Kansas. The Parties stipulate and agree to the following: 1. Applicant?s last known mailing address to the Board is: (confidential) Spring?eld, IL 62702. 2. On or about May 26, 2009, Applicant submitted to the Board an application for licensure in medicine and surgery. Such application was deemed complete on November 9, 2009. 3. The Board is the sole and exclusive administrative agency in the State of Kansas authorized to regulate the practice of the healing arts, speci?cally the practice of medicine and surgery. K.S.A. 65-2801 et seq. and KSA. 65-2869. 4. This Consent Order and the ?ling of such document are in accordance with applicable law and the Board has jurisdiction to enter into the Consent Order as provided by KSA 7 7-505 and 65-2838. Upon approval, these stipulations shall Consent Order Jay Alan Riseman, MD. Page 1 of 10 constitute the ?ndings of the Board, and this Consent Order shall constitute the Board?s Final Order. 5. The Kansas Healing Arts Act is constitutional on its face and as applied in the case. Applicant agrees that, in considering this matter, the Board is not acting beyond its jurisdiction as provided by law. 6. Applicant voluntarily and knowingly waives his right to a hearing. Applicant voluntarily and knowingly waives his right to present a defense by oral testimony and documentary evidence, to submit rebuttal evidence, and to conduct cross- examination of witnesses. Applicant voluntarily and knowingly agrees to waive all possible substantive and procedural motions and defenses that could be raised if an administrative hearing were held. 7. The terms and conditions of the Consent Order are entered into between the undersigned parties and are submitted for the purpose of allowing these terms and conditions to become an Order of the Board This Consent Order shall not be binding on the Board tmtil an authorized signature is af?xed at the end of this document. Applicant speci?cally acknowledges that counsel for the Board is not authorized to sign this Consent Order on behalf of the Board. 8. The Board has received information and investigated the same, and has reason to believe that there are grounds pursuant to KSA. 65-2836, to deny Applicant?s application for licensure under the Healing Arts Act, KSA 65-2801, et seq. 9. On March 15, 2002, the Illinois Board issued an emergency suspension of Applicant?s license alleging that Applicant posed an immediate danger to the public. On April 22, 2002, Applicant entered into an agreed Stipulation and Consent Order Jay Alan Riseman, MD. Page 2 of 10 Recommendation for Settlement which placed Applicant?s license on inde?nite probation with conditions for not less than ?ve years. On May 24, 2007, the inde?nite probation was lifted and Applicant?s licmse was restored to unlimited/unrestricted status. 10. That since 1993, Applicant has been subject to thirteen (13) malpractice actions. (confidential) (confidential) One (1) of those cases resulted in the death of the patient. 11. Applicant acknowledges that if formal hearing proceedings were conducted and Applicant presented no exhibits, witnesses or other evidence, the Board has suf?cient evidence to prove that Applicant has violated the Healing Arts Act with respect to the above allegations. Applicant further waives his right to dispute or otherwise contest the allegations contained in the above paragraphs in any further proceeding before this Board. 12. Applicant violated KS.A. 65-28366), by having had a license to practice the healing arts revoked, suspended or limited, has been censured or has had other disciplinary action taken by the proper licensing authority of another state. 13. Applicant violated KS.A. by having an adverse judgment, award or settlement against the licensee resulting ?'om a medical liability claim related to Consent Order Jay Alan Riseman, MD. Page 3 of 10 acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section. 14. Pursuant to KS.A. 65-2836, the Board may revoke, suspend, limit, censure or place under probationary conditions Applicant?s license and pursuant to KSA. 65-2863a the Board has the authority to impose administrative ?nes for violations of the Healing Arts Act. 15. According to KS.A.65-283 the Board has authority to enter into this Consent Order without the necessity of proceeding to a formal hearing. 16. All pmding investigation materials regarding Applicant were fully reviewed and considered by the Board member(s) who serve on the Board?s Disciplinary Panel. Disciplinary Panel No. 24 authorized and directed Board counsel to seek settlement of this matter with the provisions contained in this Consent Order. 17. In lieu of conducting a formal proceeding, Applicant, by signature af?xed to this Consent Order, hereby voltmtarily agrees to the following disciplinary action and limitations as a condition to being granted licensure to engage in the practice of medicine and surgery: LIMITATIONS a Applicant is prohibited from performing any act of surgery. b. For the purposes 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 afflicted parts. This de?nition speci?cally excludes the intramuscular injection of medicines Consent Order Jay Alan Riseman, MD. Page 4 of 10 and the access of a peripheral venous structure for the purposes of drawing blood or administering ?uids and medications. 18. Applicant?s failure to comply with the provisions of the Consent Order may result in the Board taking further disciplinary action as the Board deems appropriate according to the Kansas Administrative Procedure Act and Kansas Healing Arts Act. 19. Nothing in this Consent Order shall be construed to deny the Board jurisdiction to investigate alleged violations of the Healing Arts Act, or to investigate complaints received under the Risk Management Law, KSA 65-4921 et seq., that are known or unknown and are not covered under this Consent Order, or to initiate formal proceedings based upon known or unknown allegations of violations of the Healing Arts Act. 20. Applicant hereby releases the Board, its individual members (in their of?cial and personal capacity), attorneys, employees and agents, hereinafter collectively referred to as ?Releasees?, from any and all claims, including but not limited to those alleged damages, actions, liabilities, both administrative and civil, including the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions, KS.A. 77-601 et seq. arising out of the investigation and acts leading to the execution of this Consent Order. This release shall forever discharge the Releasees of any and all claims or demands of every kind and nature that Applicant has claimed to have had at the time of this release or might have had, either known or unknown, suspected or unsuspected, and Applicant shall not Consent Order Jay Alan Riseman, MD. Page 5 of 10 commence to prosecute, cause or permit to be prosecuted, any action or proceeding of any description against the Releasees. 21. Applicant further understands and agrees that upon signature by Applicant, this document shall be deemed a public record and shall be reported to any reporting entities authorized to receive disclosure of the Consent Order. 22. This Consent Order, when signed by both parties, constitutes the entire agreement between the parties and may only be modi?ed or amended by a subsequent document executed in the same manner by the parties. 23. Applicant agrees that all information maintained by the Board pertaining to the nature and result of any complaint and/or investigation may be fully disclosed to and considered by the Board in conjunction with the presentation of any offer of settlement, even if Applicant is not present. Applicant further acknowledges that the Board may conduct further inquiry as it deems necessary before the complete or partial acceptance or rejection of any offer of settlement. 24. Applicant, by signature to this document, waives any objection to the participation of the Board members, including the Disciplinary Panel and General Counsel, in the consideration of this offer of settlement and agrees not to seek the disquali?cation or recusal of any Board member or General Counsel in any future proceedings on the basis that the Board member or General Counsel has received investigative information from any source which otherwise may not be admissible or admitted as evidence. 25. Applicant acknowledges that he has read this Consent Order and fully understands the contents. Consent Order Jay Alan Riseman, MD. Page 6 of 10 26. Applicant acknowledges that this Consent Order has been entered into freely and voluntarily. 27. All correspondence or communication between Applicant and the Board relating to the Consent Order shall be by certi?ed mail addressed to the Kansas State Board of Healing Arts, Attn: Stacy Bond, Associate Litigation Counsel, 235 S. Topeka Blvd., Topeka, Kansas 66603-3068. 28. Applicant shall obey all federal, state and local laws and rules governing the practice of medicine and surgery in the State of Kansas that may be in place at the time of execution of the Consent Order or may become effective subsequent to the execution of this document. 29. Upon execution of this Consent Order by af?xing a Board authorized signature below, the provisions of this Consent Order shall become an Order under KSA. 65-2838. This Consent Order shall constitute the Board?s Order when ?led with the o?ice of the Executive Director for the Board and no further Order is required. 30. This Consent Order constitutes disciplinary action. 31. The Board may consider all aspects of this Consent Order in any future matter regarding Applicant. IT IS THEREFORE ORDERED that the Consent Order and agreement of the parties contained herein is adopted by the Board as ?ndings of fact and conclusions of law. IT IS FURTHER ORDERED that upon meeting all technical requirements for licensure, Applicant shall be granted a license. Consent Order Jay Alan Riseman, MD. Page 7 of 10 IT IS FURTHER ORDERED that: LIMITATIONS a. Applicant is prohibited from performing any act of surgery. b. For the purposes 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 afflicted parts. This de?nition speci?cally excludes the intramuscular injection of medicines and the access of a peripheral venous structure for the purposes of drawing blood or administering ?uids and medications. . <57? IT IS SO ORDERED on this day of December, 2009. FOR THE KANSAS STATE BOARD OF HEALING ARTS: We WW Kathleen Selzler tippert Interim Executive Director Dat anem?wm Jay Alanliideman, MD. Applicant [1 I I Date Consent Order Jay Alan Riseman, MD. Page 8 of 10 PARED AND APPROVED BY: s?tacy R. mm Associate Litigation Counsel Kansas Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603-3068 785-296-0961 Consent Order Jay Alan Riseman, MD. Page 9 of 10 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a true and correct copy of the Consent l/ Order by United States mail, postage prepaid, on this day of December, 2009, to the following: Jay Alan Riseman, M.D. Applicant (confidential) Spring?eld, IL 62702 And the original was hand-?led with: Kathleen Selzler Lippert Interim Executive Director Kansas Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603-3068 And a copy was hand-delivered to: Stacy R. Bond Associate Litigation Counsel Kansas Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603-3068 Katy Lenahan Licensing Administrator Kansas Board of Healing Arts 235 S. Topeka Boulevard Topeka, Kansas 66603-3068 Consent Order Jay Alan Riseman, MD. Page 10 of 10