ALJDEC

01F-26941-MDX · Board of Medical Examiners · 2001-06-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 29, 2001. APPEARANCES: The Arizona Board of Medical Examiners was represented by Assistant Attorney General Roberto Pulver. The Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of the Respondent or an attorney authorized to represent her. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT

1. The Arizona Board of Medical Examiners (“BOMEX”) is the duly constituted authority for licensing and regulating the practice of allopathic medicine in the State of Arizona. 2. Renalta Maria Hanzlik, M.D., the Respondent, is the holder of License No. 26941 issued by BOMEX for the practice of allopathic medicine in the State of Arizona. 3. On or about November 24, 2000, a Department of Public Safety (“DPS”) officer found Respondent slumped over the steering wheel of her car, which had been parked on the side of a road. 4. Due to Respondent’s unresponsiveness during the above described incident, Respondent was transported to Payson Regional Medical Center. She presented to the medical center as confused, agitated and combative. 5. Because of Respondent’s condition upon arrival at the medical center, the treating medical staff initiated a Restraint Order Form in order to control and treat the Respondent. The use of restraints included chest, soft wrist and soft ankle restraints. 6. It was determined by medical staff that Respondent had overdosed by taking Prozac and Amitripyline in an apparent suicide attempt. 7. In December of 2000, Respondent was arrested by DPS officers for suspicion of driving under the influence. 8. At the time of her arrest, prescription-only medications were found in Respondent’s vehicle in the name of Nela Nelip. 9. Respondent admitted to the officers that she was in fact Nela Nelip, and that she had taken some of the medications. 10. A BOMEX survey of pharmacies in the Payson area revealed that Respondent had written controlled substance medications for patients residing at her home address and picked them up herself. 11. The investigation also revealed that Respondent moved her office and changed her telephone number without notifying BOMEX. 12. The investigation further revealed that Respondent failed to renew her medical license with BOMEX, and that notices to her have been returned as undeliverable. 13. On January 25, 2001, Respondent was interviewed in the Phoenix office of the United States Drug Enforcement Agency (“DEA”), where she admitted to overdosing on Amitripyline and Prozac. She voluntarily surrendered her DEA certificate. 14. At the same interview with the DEA, Respondent was presented with an Interim Order from BOMEX ordering her to undergo an inpatient evaluation for substance abuse within 21 days. 15. Respondent failed to comply with BOMEX’s Interim Order and did not obtain the ordered inpatient evaluation. 16. On February 22, 2001, Respondent was arrested a second time by DPS officers for suspicion of driving under the influence. 17. On or about March 28, 2001, after reviewing the above factual allegations and the information supporting those allegations, BOMEX summarily suspended Respondent’s medical license pursuant to the provisions of A.R.S. §§ 32-1451 and 32-1452. It is determined that BOMEX had sufficient cause to summarily suspend the Respondent’s medical license to protect the public health, safety and welfare. 18. There is credible evidence that Respondent prescribed prescription-only medications in the names of others but used those medications herself for non-medically necessary personal consumption. Respondent was identified from a photographic lineup by staff at those pharmacies as the individual receiving such prescription-only drugs. 19. Respondent is found to have prescribed prescription-only medications to family members and friends in her native Poland without examining those individuals. 20. Respondent is a danger to herself. 21. Respondent is a danger to the public both personally and professionally. 22. Respondent’s above-described conduct supports a finding that any further attempts by BOMEX at seeking rehabilitation for Respondent while she maintains her medical license are unreasonable and would most likely be futile. BOMEX appropriately tried to help Respondent rehabilitate herself, but she rebuffed that assistance. 23. The evidence of record supports BOMEX’s request to revoke Respondent’s medical license.

CONCLUSIONS OF LAW

1. BOMEX possesses jurisdiction over the subject matter and over the Respondent. 2. Pursuant to the provisions of A.R.S. § 32-1451(P), BOMEX gave effective notice of the complaint and hearing in this matter by having mailed a true copy of it by certified mail to the Respondent’s last known address of record in BOMEX’s files. 3. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by the Respondent pursuant to A.R.S. § 32-1401(25)(f) (Habitual intemperance in the use of alcohol or habitual substance abuse). 4. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by the Respondent pursuant to A.R.S. § 32-1401(25)(j) (Prescribing, dispensing or administering any controlled substance or prescription-only drug for other than therapeutic purposes). 5. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by the Respondent pursuant to A.R.S. § 32-1401(25)(r) (Violating a formal order, probation, consent agreement or stipulation issued or entered into by the Board or its executive director under the provisions of this chapter). 6. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by the Respondent pursuant to A.R.S. § 32-1401(25)(dd) (Failing to furnish in a timely manner to the Board or its investigators or representative if legally requested by the Board). 7. Pursuant to the provisions of A.R.S. § 32-1451(D), BOMEX has the authority to take emergency action to summarily suspend a physician’s medical license to protect the public health, safety and welfare pending proceedings for revocation or other action. The evidence of record is more than adequate to establish that BOMEX properly exercised its authority to summarily suspend the Respondent’s medical license and was neither arbitrary nor capricious. 8. The evidence of record supports the revocation of Respondent’s medical license to protect the public health and safety. 9. Pursuant to the provisions of A.R.S. § 32-1451(K), Respondent should be ordered to pay the costs of the formal hearing in this matter. … … …

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s License No. 26941 for the practice of allopathic medicine in the State of Arizona be revoked. It is further recommended, in addition to the above-provided license revocation, that Respondent be ordered to pay to BOMEX the costs of the formal hearing in this matter, as provided by A.R.S. § 32-1451(K) Done this day, June 18, 2001

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Board of Medical Examiners Claudia Foutz, Executive Director ATTN: Amanda Diehl 9545 East Doubletree Ranch Road Scottsdale, AZ 85258

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826