Feb 16 2018 HP Fax page 1 IN AND BEFORE THE STATE BOARD OF OSTEOPATHIC Ems . . STATE OF GRAHOMA- STATE BOARD OF . EXAMINBRS, STATE OF OKIAHOMA, Petitioner, - v. Case No. 1217-149 CHRISTOPHER MOSES, Osteopathic Medical License No. 1908. Respondent. emanate? ORDER OF A name This matter comes on for hearing before the Oklahoma State Board of Osteopathic Examiners [Board] at a Special Meeting of the Board on February 15 2013. The Board is represented by the Executive Director for the Board, Deborah J. Bruce. Christopher V. Moses, D. 0. [Dr. Moses] did not appear in person. A good faith attempt was made to provide Dr. Moses with notice of the Emergency Hearing held on this date. The Board's Investigator, John Mahley, appeared and gave testimony. This Order is issued pursuant to the Oklahoma Osteopathic Medicine Act, 59 O. S. 620 at. seq. and the Oklahoma Administrative Procedures Act, ?75 O. {5250 et seq The Board, after reviewing the pleadings, testimnny at the hearing and considering all of the evidence and Being fully advised speci?cally ?nds the following Findings of Fact and Conclusions of Law to be true and correct and proven by clear and convincing evidence. I muses on FACT . After reviewing the Application for Emergency Order, hearing the testimony of the Board?s witness, and asking questions of the Board?s witness, the Board adopts, by clear and convincing evidence, the following Findings of Fact and Conclusions of Law. 1. Christopher V. Moses, D. 0. Moses] 1s the holder of license number 1908 issued by the Board. Dr. Moses attended Kirksville Medical College of Osteopathic Medicine in Kirksville, Mascot-i from 1973 through .1977. At the time of this Emergency Application, his Feb 16 2018 HP Fax page 2 license is in good standing. Dr. Moses? registrations with the Drag Enforcement Administration and the Oklahoma Bureau of Narcotics and Dangerous Drugs which allow him to write prescriptions for controlled substances are 3130' good standing. (Announcement by Board Staff: 2. A good faith effort to provide notice of this proceeding to Dr. MOSES was unsuccessful. (Announcement by Board - 3. Art Application for an Emergency Order of suspension and a Citation and Notice were issued by the Board against Dr. Moses on February 15, 2018. _The Application and Citation are hereby incorporated by reference as if set forth' in 11111 herein. (Announcement by Board Staff.) . - 4. Evidence at the hearing included that a three (3) month printout of Oklahoma Bureau of Narcotics and Dangerous Drugs Prescription Monitoring Program [ran] re?ects that from October 1, 2017, through January 1, 2018, two thousand seven hundred thirty eight (2'73 8) prescriptions for Schedule II-IV CDS were? issued or re?lled by Dr. Moses. Two thousand one hundred or seventy seven per-cent was for Schedule 11 CBS. This equates to twohundred Monty three thousand four hundred eighty four (223,434) dosage units. Fitty six (56) prescriptions for CD8 were mitten per working day which equates to seven written per working hour. One hundred thirty eight (138) pharmacies were used to ?ll these prescriptions. (Exhibit 2 and Testimony of the Board's Investigator John Mohley. 5. - Testimony at the hearing also included that in November of 2017, Board hiveetigators sequestered eleven (11) patient charts from Dr. Mose's? of?ce and had ?iem reviewed by a Specialist, Board certi?ed 111 Family Medicine, Hospice, and Palliative Medicine The reviewing physician works outside Dr. Moses? trade area. The specialist reported most of the patient charts as inadequate and overly templated. The majority of charts indicated to a degree of medical certainty, inappropriate use of ODS. The charts also lack suf?cient compliance with the Board?s Rules on Prescribing for Chronic Pain, DAG 510: 5-9-2. (Exhibits 3B, 43, SB, 6B, 7B, Feb 16 2018 HP Fax page 3 8B and Exhibit 9 (1-8) and testimony of the Board?s Expert Witness, Dr. GreggEichman, 13.0.) 6. Evidence at the Hearing also included that during a period 2010 through September of 2017, the of?ce of the Chief Medical Examiner linked ten (10) Probable Cause of Deaths to CBS prescn'bed by Dr. Moses. (Exhibits 3C, 40, SC, 60, 7C and testimony of the Board?s Investigator John Mohley.) CONCLUSIONS on LAW A 1. The Board concludes that because Dr. Moses is in violation of. the Oklahoma Osteopathic Medicine Act, 59 0.8. 620 et seq., that it has the authority to take emergency disciplinary action. I I The Board has jurisdiction to hear this matter pursuant to? the Oklahoma Osteopathic Medicine Act, 59 0.3. 640 at. sea, Rules ofthe Board, 510 one 1?1?1 et. seq. and the Oklahoma AdministratiVe Procedures ActDr. Moses is in violation of the Oklahoma OsteOpathic Medicine Act, 59 0.8. '63? [Act] andspeci?cally (2) (3), (4) and (7), to Wit: A. The State Board of Osteopathic Examiners may to admit a person or to an examination or may re?lse to issue or reinstate or may suspend or make any license issued or reinstated by the Board upon proof that the'applicant, or holder of such license: 2. Has engaged in the use or employment of dishonesty, ??aud, misrepresentation, false promise, false pretense, unethical conduct or unprofessional conduct, as may be determined by the Board, in the ?n'therancc or duties of an osteopathic physician, including, but not limited to the folloWiug: g. Signing a blank prescription form; or dispensing, prescribing, administering or otherwise dishibuting any drug, controlled substance or other treabnent without su?icient examination or the establishment of a physicianfpaticnt relationship, or for other than medically accepted therapeutic or esperhnental or inves?gational purpose duly authorized by a state or federal agency, or not in good faith to relieve pain- and su?ering, or not to treat an ailment, physical in?nnity or disease, or violating any state or federal law on controlled dangerous substances; 3. Has engaged in gross negligence, gross malpractice or gross incompetence; 4. Has engaged in repeated acts of negligence, malprac?ce 'or incompetence; 7. Has violated, or failed to comply udth provisions of any act or regulation administered by the Board, Feb 16 2018 3A1HW HP Fax page 4 and paragraphs 1-5 of the Conclusions of Law, irnperatively threaten die public health, safety . and 1welfare and constitute an emergency circumstance that requires emergency action by this - Board. 5. The Board also concludes'that such actions, having been proven by clear and convincing evidence, are grounds for further discipline of Dr Moses? license. The Board ?uther concludes that Dr Moses? license shall be suspended and shall remain suspended until a full hearing of all matters has been adjudicated. EMERGENCY ORDER The Board, having adopted the above-described Findings of Fact and IConclusions of Law, adopts the following Emergency Order: 1. The license issued by the Board to Dr. Moses to practice osteopathic medicine in the State of Oklahoma is SUSPENDED pending further Hearing and Order of the Board. Bitch Hearingwill be set by the Board upon Written request hyDr. Moses presented to the Board at the Board of?ce. The hearing will beset within thirty days of the receipt or Dr. Moses? written request or as soon therea?er as reasonably possible pursuant to last? and rules of the Board. The written request shall allow suf?cient time for a special meeting to be scheduled by the Board. The next available Hearing data within thirty days of this date is March 15, 2018. Said Suspension shall continue until such time as the Board determines that Dr. Moses? practice of osteopathic medicine does not threaten the public health, safety and welfare. 2. Nothing in this Order shall preclude the Board or Board Staff from initiating another disciplinary action against Dr. Mo see for actions that were not a part of this Order. 3. These Findings of Fact, Conclusions of Law and Emergency Order is a public record and subject to disclosure under the Oklahoma Open Records Act. IS SO ORDERED, ADIUDGED AND DECREED this 15th day ofFebruary, 2018. Effective Date: a/Jie/f 3 President State Board of Osteopathic Examiners itl