ALJDEC decisions subject to certification as final

03F-22307-MDX · Arizona Medical Board · 2003-06-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 2, 2003. APPEARANCES: The Arizona Medical Board was represented by Assistant Attorney Roberto Pulver. The Respondent, Anthony Doke, M.D., 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 representing him 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. A copy of the Complaint and Notice of Hearing was sent to Respondent at his last known address on file with the Arizona Medical Board (“Board”). It was returned by the United States Postal Service as undeliverable because the Respondent is no longer at that address. 2. The Board is the duly constituted authority for licensing and regulating the practice of allopathic medicine in the State of Arizona. 3. The Respondent, Anthony Doke, M.D., is the holder of License No. 22307 for the practice of allopathic medicine in the State of Arizona. 4. Respondent violated his first Rehabilitation Stipulation and Order with the Board by ordering large quantities of controlled substances from drug manufacturers and diverted them for his personal use. 5. Respondent’s violation of his first Rehabilitation Stipulation and Order caused the Board to issue him a Letter of Reprimand. 6. On August 27, 1996, Respondent entered into his second Rehabilitation Stipulation and Order (“Second Order”) with the Board. In the Second Order, Respondent agreed to:

a) Enter into the Board’s Monitored Aftercare Program and attend the program’s weekly therapy sessions; b) Enter into a 12-step program to treat his substance abuse behavior; c) Submit to random urine screens to test for drug and alcohol usage; d) Abstain from using controlled substances, prescription medications, or over-the-counter preparations, unless approved by his treating physician; e) Obtain a treating psychiatrist to treat his substance abuse behavior; f) Obey all federal, state and local laws, and all rules governing the practice of medicine; and g) Request that the Board inactivate his medical license in the event he has a drug or chemical abuse relapse.

7. On June 12, 1998, Respondent was arrested by the Phoenix Police Department for attempting to obtain narcotics by fraud and deceit, through a forged prescription, from a Safeway pharmacy. 8. On June 16, 1998, Respondent notified Michel Sucher, M.D., Director of the Board’s Monitored Aftercare Program, that he had a drug abuse relapse. Dr. Sucher informed Respondent that the Order required him to request that the Board inactivate his medical license and enter an in- patient treatment program. 9. On June 29, 1998, the United States Drug Enforcement Administration informed the Board that the Phoenix Police Department had arrested Respondent for a drug offense. As of that date, Respondent had failed to notify the Board that he had been arrested for a drug offense. 10. On June 30, 1998, Respondent submitted to the Board an executed Request for Inactive Status with Cause and Order Granting Inactive Status. 11. On June 31, 1998, the Board inactivated the Respondent’s medical license. 12. Also on June 31, 1998, the Board subpoenaed the Phoenix Police Department’s records concerning Respondent’s arrest. The Phoenix Police Department complied with the Board’s subpoena. 13. On July 13, the Board opened an investigation into Respondent’s arrest. 14. On November 13, 1998, Respondent’s attorney, through correspondence, advised the Board that his client was entering the T.A.S.C. Drug Diversion Program the following day. 15. The Board’s investigation disclosed that the Maricopa County Attorney’s Office was prepared to file felony drug charges against Respondent unless he agreed to enter the T.A.S.C. Drug Diversion Program. Upon completion of that program the Maricopa County Attorney’s Office would not file the felony criminal charges. 16. On November 5, 1999, Respondent completed the T.A.S.C. Drug Diversion Program and no criminal charges were filed against him. 17. Respondent has not been in contact with the Board for approximately three years. As a result, the Board has not monitored Respondent concerning his substance abuse behavior which affected his ability to safely practice medicine.

CONCLUSIONS OF LAW

1. The Board possesses jurisdiction over the subject matter and over Respondent pursuant to A.R.S. § 32-1401 et seq. 2. Pursuant to A.R.S. § 32-1451(S), the Complaint and Notice of Hearing was effective when the Board sent a try copy of it by certified mail to Respondent at his last known address of records in the Board’s files. 3. The evidence of record is insufficient to establish that Respondent violated the provisions of A.R.S. § 32-1401(24)(d) (Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by any court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission). While the record contains credible evidence of Respondent’s arrest on felony drug offences and his completion of the T.A.S.C. Program, there is no evidence of a criminal felony conviction or any admission by Respondent to the alleged felony offenses. Respondent is entitled to a presumption of innocence to those charges until adjudged guilty by a court of competent jurisdiction. 4. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by Respondent under A.R.S. § 32- 1401(24)(f) (Habitual intemperance in the use of alcohol or habitual substance abuse). 5. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by Respondent under A.R.S. § 32- 1401(24)(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 the chapter). 6. The conduct and circumstances described in the above Findings of Fact constitute unprofessional conduct by Respondent under A.R.S. § 32- 1401(24)(s) (Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s License No. 22307 be revoked on the effective date of the entered Order in this matter.

Done this day, June 20, 2003

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2003, to:

Barry A. Cassidy, PhD, PA-C, Executive Director Arizona Medical Board ATTN: Chris Moser and Lisa McCrane 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