LICENSE NO. H-6289

BEFORE THE DISCIPLINARY

IN THE MATTER OF

PANEL OF THE

THE LICENSE OF

TEXAS MEDICAL BOARD

MA TT E. Hr PKE, M.D.

ORDER OF TEMP ORARY SUSPENSION
(WITHOUT NOTICE OF HEARING)

On August I 0, 2020, came to be heard before the Disciplinary Panel (Panel) of the Texas
Medical Board (Board), composed of Chair Sherif Zaafran, M.D., LuAnn Morgan, and Robert
Gracia, members of the Board duly in session, the matter of the Application for Temporary
Suspension or Restriction (Without Notice of Hearing) of the license of Matt E. Hipke, M.D.
(Respondent). Christopher M. Palazola represented Board staff. Based on evidence submitted, the
Board through this Panel makes the following Findings of Fact and Conclusions of Law and enters
this Order of Temporary Suspension (Without Notice of Hearing):

FINDINGS OF FACT

1.

Respondent is a physician whose specialty is internal medicine, and his practice

area is adolescent medicine. Respondent's current practice address on file with the Board is 911
Walnut Hill Drive, Longview, TX 75605-5054.
2.

Patient 1 is a male child under the age of 17.

3.

Patient 2 is a male child under the age of 17.

4.

Patient 3 is a male child under the age of 17.

5.

The Board received a complaint in June 2020, referred from another state agency,

that Patients 1 and 2 were making an outcry regarding Respondent inappropriately touching them
during physical examinations conducted in his office.
6.

Board Staff opened an investigation and made contact with the guardians of

Patients 1 and 2 for further information. Neither child provided specific details to their guardian
regarding the scope or extent of the alleged inappropriate touching. However: Child and Protective
Services and police were notified of the alle12,ations
.
...

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 7.

Patients I and 2 each attended counseling sessions regarding the alleged abuse in

which rhey described Res pondent ··massaging'' their abdominal and genital ureas.
8.

On or about June 24. 2020 a report was taken by the Longview, Texas Police

Department and it ,:vas reported that during examinations, Patient I and Patient 2 were told to
change into a gown and were seen by Respondent \Vithout a chaperone, and that Respondent would
··massage'· their penis. Respondent told both Patient 1 and Patient 2 not to tell anyone about these
·•examinations'·. This is believed to have occurred at appointments between April 2019 and April
2020.
9.

On or about July 14. 2020. the Longview Police Department conducted forensic

interviews of Patient 1 and Patient 2. Allegations of sexual abuse were made by both Patient 1 and
Patient 2 during these interviews. Following the interviews, police were able to obtain a warrant
to search Respondent 's medical office.
JO.

Just prior to July 29. 2020, law enforcement conducted a search of Respondent's

medical practice. During the search, Respondent made a phone cal I to his wife to "apologize'·.
Police also found evidence that Respondent was in the process of potentially closing his medical

practice and that he was notifying patients of the pending closure. It was also detem1ined that
Respondent had software on his computer that regularly deleted all computer files.

11.

Although Respondent's computer contained software to delete files, law

enforcement was able to find evidence of search terms known to be used to obtain inappropriate
images of children on the computer in Respondent ' s office.

12.

During the course of the investigation, Board staff has learned that there is at least

one prior similar complaint, from Patient 3, of an alleged sexual assault occurring in 2018.

CONCLUSIONS OF LAW
Based upon the Findings of Fact, the Panel concludes the following:
....

1.

Section 164.059 of the Act authorizes the temporary suspension or restriction of a

person's medical license upon a determination by a Disciplinary Panel that the person would, by

the person !s continuation in practice. constitute a continuing threat to the public welfare.
2.

Section 164.059( c) of the Act authorizes the temporary suspension or restriction of

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 a person ·s medical license without hot ice of hearing if (a) the Board immediately provides notice
of the suspension or restriction to the license holder, and (b) a hearing on the temporary suspension
or restriction before a disciplina1y panel of the Board is scheduled for the earliest possible date
a tier ten ( I 0) days ' notice of hearing.

3.

Based on the evidence presented and the Findings of Fact set forth herein, the

Disciplinary Panel finds that Respondent violated Section l 64.052(a)(5) of the Act_
. which
authorizes the Board to take disciplinary action against Respondent based upon Respondent· s
unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the
public. as further defined by Board Rules 190.8(2)(E), engaging in sexual contact \.vith a patient:
190.8(2)(F), engaging in sexually inappropriate behavior or comments directed towards a patient;
and 190.8(2)(R), commission of the following violations of federal and state laws whether or not

there is a complaint, indictment, or conviction: (i) any felony, (ii) any offense in which assault or
battery, or the attempt of either is an essential element, (v) any misdemeanor involving moral
turpitude,. specifically Section 21.1 l(a)(l) of the Texas Penal Code. Indecency with a Child; and
(viii) child molestation.
Based on the evidence presented and the above Findings of Fact and Conclusions

4.

of Law, the Panel determines that Respondent's continuation in the practice of medicine would
constitute a continuing threat to the public welfare.
ORDER

Based on the above Findings of Fact and Conclusions of Law·, the Panel ORDERS that:

1.

Respondent's Texas Medical License No. H-6289 is hereby TEMPORARILY

SUSPENDED.
2.

This Order of Temporary Suspension (W!TJ-IOUTNOTICE OF HEARING) is effective

on the date rendered.
3.

Notice of this Order of Temporary Suspension (WITHOUT NOTICE OF HEARING)

shall be given immediately to Respondent.
4.

A hearing on the Application for Temporary Suspension

{WITH

NOTICE OF

HEARING) will hereby be scheduled before a Disciplinary Panel of the Board at a date to be

determined as soon as prncticable. at the offices of the Board, unless such hearing is specifically

WJi wd by Respondent.

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 5.

This Order of Temporary Suspension (WITHOUT NOTICE OF HEARING) shall remain

in effect un til such time as a hearing on the Application for Temporary Suspension
OF H EA RI NG)

(WITH NOTICE

is conducted and a Disciplinary Pai1cl enters an order or until superseded by a

subsequent order of the Board.
Signed and entered this I 0th day of August, 2020.

Sherif Zaafran. M.D .. Chair

Disciplinary Panel
Texas Medical Board

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