ALJDEC decisions subject to certification as final

21A-33617-MDX · Arizona Medical Board · 2022-03-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

William Li Sun, MD

Holder of License # 33617

No. 21A-33617-MDX

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 2, 2022, with the record held open until February 17, 2022 for receipt of the transcript.

APPEARANCES: No one appeared William Li Sun, M.D.; Carrie H. Smith, Esq. for the Arizona Medical Board.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

FINDINGS OF FACT

The Arizona Medical Board (“Board”) is the duly constituted authority for licensing and regulating the practice of allopathic medicine in the State of Arizona.

On December 10, 2021, the Board issued a Complaint and Notice of Hearing setting this matter for hearing at 9:00 a.m. on February 2, 2022 at the Office of Administrative Hearings, an independent State agency.

Through the Complaint, the Board alleges that William Li Sun, M.D. committed unprofessional conduct because he: failed to maintain adequate records on a patient; exhibited a pattern of using or being under the influence of alcohol or drugs while practicing medicine; used controlled substances that were not prescribed to him during the course of treatment; committed any conduct that was or might have been harmful or dangerous to the patient or public; violated an order entered by the Board; and prescribed prescription medication to a person he did not have a doctor-patient relationship with.

No representative appeared for Dr. Sun at the scheduled hearing time and the matter was convened in his absence at about 9:17 a.m.

The Board presented the testimony of Erinn Downey, its investigations manager, and submitted 10 exhibits into evidence.

Ms. Downey was the Board Investigator, and testified at hearing that the Board had begun an investigation into Dr. Sun based on a complaint from Christopher Sullivan, MD, Interim Chief Medical Officer at Banner Estrella Medical Center (Banner). Banner had summarily suspended Dr. Sun’s privileges as of June 24, 2019, after it had received a report from Phoenix Police Department (PPD) detailing that Dr. Sun appeared to be a heroin user and that he gave prescriptions to a woman he never saw as a patient. In addition the Banner records indicated that on June 24, 2019, Banner required Dr. Sun to submit for an immediate drug test. In an e-mail that same day, Dr. Sun stated that he could not undergo the testing because he did not have long enough nails for testing, he had a skin condition and that his religion prohibited him from providing a hair sample.

Ms. Downey also testified that on June 27, 2019, the Board obtained a CSPMP report for Dr. Sun for the date range June 27, 2018 through June 27, 2019. The Board noted that for one patient, C.P., Dr. Sun regularly filled large quantities of oxycodone prescriptions. Ms. Downey testified that the quantities were unusual given that Dr. Sun is an OBGYN and most patients would require a much less quantity. Ms. Downey testified that Dr. Sun stated that he did not know patient, C.P., and that he never had prescribed 270 tablets of a narcotic.

Ms. Downey then testified that on June 28, 2019, Board staff sent an Interim Consent Agreement for Practice Restriction and Interim Order for Physician Health Program (PHP) Assessment. After several delays, Dr. Sun agreed to the Consent Agreement and scheduled the PHP.

Next, Ms. Downey testified that on July 30, 2019, Monica Faria, MD, issued her PHP report which stated she was unable to determine if Dr. Sun was safe to practice without Dr. Sun submitting to a drug test. Dr. Sun finally took a drug test and tested positive for several narcotics for which he did not have a prescription. Ms. Downey testified that while Dr. Sun challenged the results, the Board still decided to move forward. Ultimately, Dr. Sun was required to attend a comprehensive physician evaluation. Ms. Downey testified that Dr. Sun again delayed attending the same and ultimately did not attend the evaluation.

As part of the practice restrictions, Dr. Sun was not supposed to prescribe medications, yet, Ms. Downey ran another CSPMP report and found that Dr. Sun again prescribed 270 oxycodone to “C.P.” Although Dr. Sun denied the same, Ms. Downey stated that upon reviewing the copies of the prescriptions, the signature appeared to be Dr. Sun’s.

Ms. Downey then testified that on May 21, 2020, the Staff Investigational Review Committee (SIRC) provided its recommendations, which recommended that Dr. Sun’s license be revoked or that he surrender his license.

Ms. Downey then testified that on June 30, 2020, the Board sent SIRC’s report and requested that Dr. Sun sign a consent agreement within 10 days. Dr. Sun failed to sign the consent agreement and the matter was referred for a hearing.

Ms. Downey concluded by arguing that the above provide that Dr. Sun cannot be regulated as he failed to comply with the Board’s requests. Further, the last time Dr. Sun contacted the Board was April 2020. Finally, Ms. Downey added that Dr. Sun’s license is currently expired.

CONCLUSIONS OF LAW

The Board has jurisdiction over Respondent and the subject matter in this case. See Ariz. Rev. Stat. § 32-1401 et seq.

The Board alleges that Dr. Sun’s conduct was in violation of Ariz. Rev. Stat. sections 32-1401(27)(e), (f), (g), (r), (s), and (tt).

The Board must prove its allegations by clear and convincing evidence. Ariz. Rev. Stat. § 32-1451.04.

Clear and convincing evidence is “[e]vidence indicating that the thing to be proved is highly probable or reasonably certain.” Black’s Law Dictionary 674 (10th ed. 2014).

Ariz. Rev. Stat. section 32-1401 provides in part:

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27. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:

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(e) Failing or refusing to maintain adequate records on a patient.

(f) Exhibiting a pattern of using or being under the influence of alcohol or drugs or a similar substance while practicing medicine or to the extent that judgment may be impaired and the practice of medicine detrimentally affected.

(g) Using controlled substances except if prescribed by another physician for use during a prescribed course of treatment.

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(r) Committing any conduct or practice that is or might be harmful or dangerous to the health of the patient or the public.

(s) Violating a formal order, probation, consent agreement or stipulation issued or entered into by the board or its executive director under this chapter.

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(tt) Prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical or mental health status examination of that person or has previously established a doctor-patient relationship...

Dr. Sun received adequate notice that the Interim Order had been issued and that the Complainant and Notice of Hearing had been issued because these were sent to his email address of record. See Ariz. Rev. Stat. § 41-1092.04.

Through the testimony of Ms. Downey and the related exhibits, the Board presented clear and convincing evidence showing that Dr. Sun failed to: maintain adequate records on a patient; was under the influence of drugs while practicing medicine, used controlled substances which were not prescribed to him; prescribed medication without an established doctor-patient relationship; and violated formal order of the Board.

Because Dr. Sun has committed an act of unprofessional conduct, the Board has authority to discipline his license. Ariz. Rev. Stat. § 32-1451(M). This authority exists even though Dr. Sun did not renew his license. See Ariz. Rev. Stat. § 32-3202.

Clear and convincing evidence shows that Dr. Sun is not amenable to regulation by the Board. Consequently, Dr. Sun’s license should be revoked.

RECOMMENDED ORDER

IT IS ORDERED that William L Sun, M.D.’s License No. 33617 is revoked.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is five days after the date of that certification.

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-137160-45720000Done this day, March 1, 2022.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Patricia E. McSorley, Executive Director

Arizona Medical Board

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