ALJDEC decisions subject to certification as final
21A-47833-MDX · Arizona Medical Board · 2021-09-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Edward C. H. Teng, MD
Holder of License # 47833,
for the Practice of Allopathic
Medicine in the State of Arizona
RESPONDENT.
No. 21A-47833-MDX
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 19, 2021 through July 22, 2021 with the record held open until September 3, 2021 for the sole purpose of allowing the Court Reporter’s Transcript to be included in the record.
APPEARANCES: Assistant Attorney General Roberto Pulver appeared on behalf of the Arizona Medical Board. Gordon Bueler, Esq. appeared on behalf of Respondent, Edward C.H. Teng, MD.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
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The issue presented by this case is whether Edward C.H. Teng, M.D. has engaged in unprofessional conduct as defined in Arizona Revised Statutes (A.R.S.) § 32-1401(27) and, if so, whether he is subject to disciplinary action pursuant to A.R.S. § 32-1451. Based on the evidence of record, including the parties’ stipulated facts and exhibits, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Order:
FINDINGS OF FACT
1. Respondent Edward C. H. Teng holds license number 47833 for the Practice of Allopathic Medicine issued by the Arizona Medical Board (Board).
2. On or about January 14, 2021, the Arizona Medical Board issued a Complaint and Notice of Hearing For License Revocation setting the above-entitled matter for hearing on March 8, 2021 to March 12, 2021. The Notice of Hearing provided, “If the Board finds that your conduct constitutes unprofessional conduct or that you are mentally and physically unable to safely practice medicine, you shall be subject to censure, probation, suspension or revocation of your license, or any combination thereof, for such time, including permanently, and under such conditions as the Board deems appropriate and just, as provided in A.R.S. § 32-1451.”
3. A hearing was held from July 19, 2021 to July 22, 2021. The Board presented the testimony of Erinn Downey, a Physician Health Program Manager for the Board, Michael Sucher, M.D., Michael Seby, M.D., and submitted exhibits 1 through 28. Dr. Teng testified on behalf of himself and presented the testimony of his sponsor in the Narcotics Anonymous program, Adrian Ortiz, the Chief of Operations of My Dr. Now, Stephanie Cook, his patient, Daizjele Leerae Cox, and his counselor, Stephanie Sherman. Dr. Teng submitted exhibits A through I.
4. On March 31, 2017, Dr. Teng was arrested and charged by the Goodyear Police Department for domestic violence.
5. On March 31, 2017, the Board received notification from the Goodyear Police Department of Dr. Teng’s domestic violence arrest. The notification disclosed that Dr. Teng and his mistress had been inhaling nitrous oxide from canisters, called “whippets”, all night long. The Goodyear Police report showed evidence of alcohol and substance impairment. Whippets are small metal refillable whipped cream canisters containing nitrous oxide. Purchasing whippets is not illegal, but using their contents, nitrous oxide, does produce a mind-altering high.
6. On March 31, 2017, Dr. Teng telephoned CATC, his then-employer, a clinic, and claims he would not be present at work.
7. Dr. Teng did not notify the Board of his arrest and the charges filed against him for domestic violence by the Goodyear Police Department within 10 working days after the charges were filed.
8. On March 31, 2017, The Board sent a letter to Dr. Teng about the Goodyear Police Department complaint and enclosed a letter that directed Dr. Teng to undergo a health assessment through the Board’s Physician Health Program (PHP).
9. On May 1, 2017, Dr. Teng underwent a health assessment and a hair follicle test ordered by the Board. The drug test showed that Dr. Teng tested positive for cocaine.
10. Dr. David G. Greenberg, the PHP representative, administered the health assessment ordered by the Board. Dr. Greenberg reviewed the hair follicle test.
Dr. Greenberg’s diagnostic impression was, “[p]robable poly-substance abuse”.
Dr. Greenberg opined that Dr. Teng was not safe to practice medicine. Dr. Greenberg recommended that Dr. Teng, “have a full inpatient evaluation to include a medical polygraph for substance abuse/alcohol and domestic violence at one of the following board approved evaluation centers: Promises Treatment Center, Pine Grove, or Hazelden-Springbrook in Oregon.”
11. On May 10, 2017, Dr. Teng and the Board signed an Interim Consent Agreement for Practice Restriction. Dr. Teng was prohibited from practicing medicine in Arizona until he applied to the Board’s Executive Director and received permission from her to resume the practice of medicine.
12. On June 5-7, 2017, Dr. Teng underwent an intensive multidisciplinary evaluation at Promises Treatment Centers (Promises). The Psychological Assessment from Promises included the following diagnostic impressions:
Inhalant (Nitrous Oxide) Use Disorder Moderate (F18.20)
Cocaine Use Disorder, Mild (F14.10)
Tobacco Use Disorder, Moderate (F17.20)
Rule Out Alcohol Use Disorder
Unspecified Cognitive Disorder (R41.9)
Adjustment Disorder with Mixed Disturbance of Emotions and Conduct (F43.25)
Narcissistic and Histrionic Personality Traits Diabetes Mellitus (Type II)
WHODAS 2.0:
(Self-Reported Rating of Functional Impairment related to Diagnoses)
Understanding and Communicating: No Difficulties Reported Getting Around: No Difficulties Reported
Self-Care: No Difficulties Reported
Getting Along with People: No Difficulties Reported
Life Activities- Household: No Difficulties Reported
Life-Activities- School/ Work: No Difficulties Reported
Participation in Society: No Difficulties Reported
13. Promises made the following observations and recommendations in the Psychological Assessment:
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In summary, Dr. Teng appears to demonstrate limited insight, psychological naiveté, limited coping, and both narcissistic and histrionic personality traits. He further demonstrates significant cognitive rigidity, perseverative thinking, and inflexible and intrusive ideations.
.....It is recommended that Dr. Teng participate in diagnostic monitoring to ensure abstinence from substances. External monitoring of this sort may be helpful for Dr. Teng in maintaining good judgment and preventing escalation of maladaptive coping mechanisms.
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Given Dr. Teng’s neurocognitive screening results, it is recommended that he undergo thorough neuropsychological evaluation prior to returning to the practice of medicine. Such an evaluation should include assessment of Dr. Teng’s attention and mental control, working memory, abstract reasoning, concrete calculations, visuospatial processing, and overall neurocognitive status. Given Dr. Teng’s potential personality and behavioral changes, current test results may indicate a significant alteration to neurocognitive status, and therefore must be evaluated prior to the practice of medicine.
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Given Dr. Teng’s limited insight and inconsistent coping style, and the tendency of individuals with this type of coping style to abuse substances, he will benefit from acquisition of positive, adaptive, and pro-active coping skills. A psychotherapist trained in cognitive-behavioral treatment approaches may initially prove a good match for Dr. Teng, and together they can collaborate on the development of social, physical, creative, and therapeutic coping mechanisms. It is recommended that Dr. Teng engage in consistent, weekly psychotherapy to best address his on-going coping deficits, emotional avoidance, underlying stress and anxiety, potential anxious symptoms, histrionic and narcissistic personality defenses, and habitual ways of being in the world. Following initial focus on practical skill building and coping, longer-term interpersonal psychotherapy to address the impact of personality traits on relationships, emotional constriction, and stress reduction is recommended.
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14. The Psychological Assessment from Promises included a Fitness For Duty Assessment that provided:
Dr. Teng should not practice as a physician at this time until he has had further neurocognitive evaluation and has had a successful completion of treatment for substance use disorders as described above and is reevaluated for fitness for duty.
15. On June 7, 2017, the Director of Promises notified the Board by e-mail that Dr. Teng was “very upset and distraught” when the Director presented Dr. Teng with its findings and recommendations. Dr. Teng continually requested that the Director allow him to return to work.
16. On June 15, 2017, the Director of Promises notified the Board by e-mail that Dr. Teng left frequent voice mail, text, and e-mail messages requesting that the Director change the recommendations. The Director of Promises recommended that Dr. Teng should not return to Promises for treatment because Dr. Teng accused the Director of being untruthful.
17. On June 15, 2017, Dr. Greenberg reviewed the Psychological Assessment and recommendations from Promises and agreed with them. Dr. Greenberg recommended that Dr. Teng undergo inpatient treatment at a facility recommended by the PHP. Dr. Greenberg concluded that Dr. Teng was unsafe to practice medicine.
18. From June to July 2017, Dr. Teng underwent inpatient treatment at Arrowhead Lodge (Arrowhead). Dr. Teng stayed at Arrowhead for 30 days but was discharged early due to “non-compliance, unamenable to treatment and a threat to the therapeutic milieu.” Arrowhead recommended that Dr. Teng, “not be allowed to practice medicine at this time. His ability to cope and manage stress is poor, his judgment and decision-making ability is poor and we believe that there is some level of cognitive impairment that may have been the result of his use of whippets.” Arrowhead noted that Dr. Teng was noncompliant with therapy and accused an evaluator of lying to him. Arrowhead concluded that Dr. Teng’s treatment should be discontinued. Arrowhead’s report provided, in relevant part as follows:
Therapy Content/Clinical Summary:
Patient is noncompliant with therapy. He refuses to allow testing for a severe medical problem B12 deficiency and manipulating data to justify it even though it is treatable. I am not going to treat it unless he allows testing first as it is information I need to evaluate his SUD. I agree with
Dr. Greenburg, we will need medical polygraph unless we decide he cannot treated here. At this point, he and I don’t not have a therapeutic relationship and he said I was lying when I told him I was on his side, but needed his cooperation before I can advocate for him. He was very paranoid and refused to cooperate. He was given 24 hours to decide to cooperate or leave. He is also upset accusing me of say he was "incurable". What I told him was that Promises would not accept him and that if we determine he cannot be treated that the Board may decide he is not treatable.
19. On July 28, 2017, Dr. Greenberg wrote a report and agreed with Arrowhead’s recommendations. Dr. Greenberg agreed that Dr. Teng should seek treatment at a facility other than Arrowhead.
20. On July 29, 2017, Dr. Teng was arrested by the Scottsdale Police Department due to a domestic violence at a motel. Dr. Teng and his mistress had been inhaling nitrous oxide from whippet canisters. Dr. Teng was charged with Domestic Violence Assault and Domestic Violence Disorderly Conduct.
21. Dr. Teng failed to notify the Board of his Scottsdale arrest and the charges filed against him for domestic violence within 10 working days after the charges were filed.
22. From August 15-16, 2017, Dr. Teng was evaluated by Dr. Elizabeth Leonard for a fitness for duty report which required additional testing of Dr. Teng.
Dr. Leonard consulted with Dr. Teng and the PHP representative regarding the additional testing. All parties agreed that the additional testing needed to be completed. Dr. Leonard notified Dr. Teng of the costs for the additional testing and Dr. Teng agreed.
23. On August 29, 2017, the Board issued an order to Dr. Teng directing him to undergo a neuropsychological examination.
24. Dr. Teng did not appear for the first scheduled test on September 6, 2017, due to alleged car problems. Dr. Teng did not appear for the second scheduled test on September 8, 2017, due to financial hardship.
25. On September 13, 2017, Dr. Leonard notified the Board’s representative of Dr. Teng’s non-compliance with the Interim Consent Agreement and she notified the Board that she was owed $3,000 for the work done in preparation to administer the necessary testing of Dr. Teng. Dr. Leonard also opined that Dr. Teng was not fit for duty.
26. On October 13, 2017, pursuant to the Board’s August 29, 2017 order, Dr. Teng underwent a neuropsychological examination for fitness for duty with Dr. Phillip Lett. During a clinical interview with Dr. Lett, Dr. Teng misrepresented to Dr. Lett that the only domestic violence incident he was involved with occurred in Goodyear, AZ.
Dr. Teng did not report his arrest and charge for domestic violence that occurred in Scottsdale, Arizona in July of 2017. Because Dr. Teng failed to report the arrest and charge to Dr. Lett, the Board did not obtain necessary records from Scottsdale Police Department.
27. Dr. Lett opined that Dr. Teng was unsafe to practice medicine and that he needed intensive outpatient treatment (IOP). Dr. Lett opined that Dr. Teng needed to follow the recommendations of the IOP.
28. On November 1, 2017, at Dr. Lett’s direction, Dr. Teng underwent a neurological examination with Michael Powers, M.D.
29. On November 22, 2017, Dr. Sucher recommended The Meadows to
Dr. Teng as a place for Intensive Outpatient treatment.
30. On November 28 to January 29, 2018, Dr. Teng underwent two months of Intensive Outpatient treatment for substance abuse at The Meadows. Dr. Teng showed improvement in anger management and insight into his behaviors. Dr. Teng’s prognosis was fair to good.
31. On February 27, 2018, Dr. Sucher reported, after interviewing Dr. Teng, that Dr. Teng could return to the practice of medicine, however, Dr. would be required to enter the Board’s Physician Health Program for five years. Dr. Teng informed
Dr. Sucher that his sobriety date was March 31, 2017. Dr. Teng’s actual sobriety date was July 29, 2017, the date of his arrest for domestic violence in Scottsdale, Arizona when he inhaled nitrous oxide.
32. On March 2, 2018, Dr. Teng entered into an Agreed Order with theTexas Medical Board (TMB) prohibiting him from practicing medicine in Texas.
33. On March 14, 2018, Dr. Teng and the Board entered into an Interim Consent Agreement to Participate in the Physician Health Program (PHP). The agreement superseded the Practice Restriction Agreement, dated May 10, 2017.
The Agreement required Dr. Teng to attend 12 step meetings, to be regularly tested for drug use and alcohol use, to obtain regular physician visits and to meet with the representative of the PHP program.
34. On March 14, 2018, Ms. Downey emailed Dr. Teng for information as to March 31, 2017 Goodyear arrest. Dr. Teng answered that his then-attorney would provide the Board with the information about the disposition of the Goodyear arrest.
35. On May 1, 2018, Dr. Teng was convicted of the misdemeanors of Domestic Violence Assault and Disorderly Conduct in Scottsdale City Court.
36. Dr. Teng was required to attend weekly aftercare meetings with Psychologist Jim Corrington through the PHP program. Dr. Teng was required to submit a monthly self-report about his participation in the program and how he could improve. About two to three months after the May 1, 2018 Scottsdale misdemeanor convictions, Dr. Teng reported the May 1, 2018 convictions on a monthly self-report in a section that inquired about legal issues. Dr. Teng felt embarrassment before disclosing the information, but he decided to tell the truth.
37. On November 30, 2018, Ms. Downey sent an e-mail on November 30, 2018 to Dr. Teng about his Goodyear domestic violence arrest.
38. On December 20, 2018, Ms. Downey conducted an internet search to obtain information regarding the outcome of Dr. Teng’s Goodyear arrest because the information was not provided by Dr. Teng. During the search, Ms. Downey found information regarding Dr. Teng’s domestic violence arrest and charges in the Scottsdale City Court. Ms. Downey discovered Dr. Teng’s May 1, 2018 misdemeanor convictions for Domestic Violence Assault and Disorderly Conduct.
Dr. Teng was fined $2,128.25 and ordered to serve 90 days in jail. However, 85 days of jail time was suspended. Dr. Teng served 5 days in jail and started probation on May 1, 2018 for 24 months. Dr. Teng was required to attend and complete a Domestic Non-Violence Program.
39. On February 21, 2019, Ms. Downey requested by e-mail information from Dr. Teng about his change of work address. On March 27, 2019, Ms. Downey sent a second request by e-mail about Dr. Teng’s change of work address. Two days later,
Dr. Teng, via e-mail, provided his new work address.
40. On June 27, 2019, Dr. Michael Seby, the Board’s outside medical consultant, drafted a medical consultant report on patients MP, CA, SS, MT. Dr. Seby opined that Dr. Teng fell below the standard of care only for MT. Dr. Seby opined that Dr. Teng failed to acknowledge and address the Abnormal Depression Screening Survey. Dr. Seby opined that Dr. Teng failed to note in the chart the abnormality between the mild depression reflected on the PHQ-9 and the patient’s current denial to questions such as whether he experienced anxiety, hallucinations, depressed mood, and suicidal thoughts. Dr. Seby also opined that Dr. Teng should have followed up with the abnormality by ordering a second PHQ-9.
41. Dr. Teng explained at hearing that he followed up with MT after reviewing the PHQ-9 by asking MT general questions about his entire body. Dr. Teng testified, “I have to do survey of his entire body, which I have asked general question, do you have such pain, no, do you have shortness of breath, no. In this case particularly I said do you feel anxiety, anxious or depressed or hidden voice or want to kill yourself. Have you ever thought of killing yourself. He said no.” However, Dr. Teng explained that he agreed with Dr. Seby that a patient with a PHQ-9 showing mild despression warrants a follow-up plan. Dr. Teng explained that he discussed the PHQ-9 results with MT and ordered labs and imaging. Dr. Teng also stated that he informed the patient to come back and see him. However, Dr. Teng acknowledged that he made a mistake by failing to document the follow-up plan.
42. On June 27, 2019, a Board representative sent a letter, via e-mail, to
Dr. Teng notifying him he has the opportunity to respond to the Board’s Investigative Report, which explains the Board’s investigation of Dr. Teng. Included in the e-mail to Dr. Teng was the website to review all the Board’s documentation that was used.
43. At hearing, Dr. Sucher explained that Dr. Teng should have reported his correct sobriety date and Scottsdale arrests to the Board. Dr. Sucher also explained that Dr. Teng successfully completed the Meadows program. Dr. Sucher explained that
Dr. Teng has done “extraordinarily well” in the PHP program. Dr. Sucher stated in response to the question of whether Dr. Teng had done well in the PHP program, “Yes, he has done well. I have reviewed his last three progress evaluations, the most recent one having been July 13 of this year, as well as reviewing Mr. Stewart, his group -- relapse prevention group therapist report from last week as well. And I have discussed this case with Dr. Lott. All indications are that Dr. Teng is doing extraordinarily well and is fully compliant with our program and its requirements.
44. Mr. Ortiz is Dr. Teng’s Sponsor and the Treasurer of Narcotics Anonymous (NA). Mr. Ortiz has known Dr. Teng for four years and believes that he is a good person. Dr. Teng consistently participates in NA meetings and Mr. Ortiz has observed him to be professional with patients. Mr. Ortiz believes that Dr. Teng should be allowed to continue practicing medicine.
45. Ms. Cook is the Chief of Operations for My Dr. Now. Ms. Cook has worked in healthcare for 20 years. Dr. Teng is currently employed by My Dr. Now. Dr. Teng works in the Phoenix location which is a underserved area. Dr. Teng has shown care for patients and provided guidance and leadership to other practitioners. Dr. Teng has received good reviews on Google and Yelp. Dr. Teng speaks Spanish and approximately 60% of the patients at My Dr. Now are Spanish speakers. Ms. Cook believes that it is in the public’s best interest that Dr. Teng be allowed to continue to practice medicine and serve the Phoenix community.
46. Ms. Cox is a current patient of Dr. Teng. Ms. Cox explained that Dr. Teng has provided excellent medical care to her and her children. Ms. Cox explained that she has followed Dr. Teng’s medical recommendations and has experienced successful results. Ms. Cox was previously underweight and had problems with her digestive system. Mr. Cox was previously seen by multiple gastroenterologists. but her condition did not change. After being under Dr. Teng’s care, Ms. Cox has gained weight and no longer experiences digestive problems. Ms. Cox believes that Dr. Teng should be allowed to continue to practice medicine.
47. Ms. Sherman has provided counseling services to Dr. Teng since 2017. Ms. Sherman is a Licensed professional counselor in the State of Arizona. Ms. Sherman holds an independent substance abuse license in the State of Arizona. Ms. Sherman explained that Dr. Teng has experienced great success in counseling. Dr. Teng has reunited with his wife and children. Ms. Sherman explained that Dr. Teng is extremely compliant and does well with rules. Ms. Sherman believes that Dr. Teng should be allowed to continue to practice medicine.
48. At hearing, Dr. Teng expressed his desire to continue to practice medicine. Dr. Teng explained that he lied to the Board out of fear. Dr. Teng admitted that he provided an incorrect sobriety date to Dr. Sucher. However, Dr. Teng explained that he is a different man and has learned to take responsibility for his mistakes.
Dr. Teng explained that he has worked hard to be a better professional and better husband. Dr. Teng explained that he has been successful in the Board’s PHP program and will continue to abide by the Board’s rules.
CONCLUSIONS OF LAW
The Board is the duly constituted authority for licensing and regulating the practice of allopathic medicine in the State of Arizona. This matter lies within its jurisdiction.
The Board bears the burden of proof to establish cause to impose discipline on Respondent’s license to practice allopathic medicine and factors in aggravation of the penalty by clear and convincing evidence. Clear and convincing evidence is “[e]vidence indicating that the thing to be proved is highly probable or reasonably certain.”
A.R.S. § 32-1451 provides, in relevant part as follows:
A. The board on its own motion may investigate any evidence that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of medicine. On written request of a complainant, the board shall review a complaint that has been administratively closed by the executive director and take any action it deems appropriate. Any person may, and a doctor of medicine, the Arizona medical association, a component county society of that association and any health care institution shall, report to the board any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of medicine. The board or the executive director shall notify the doctor as to the content of the complaint as soon as reasonable. Any person or entity that reports or provides information to the board in good faith is not subject to an action for civil damages. If requested, the board shall not disclose the name of a person who supplies information regarding a licensee's drug or alcohol impairment. It is an act of unprofessional conduct for any doctor of medicine to fail to report as required by this section. The board shall report any health care institution that fails to report as required by this section to that institution's licensing agency.
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I. If after completing the formal interview the board finds the information provided under subsection A of this section is not of sufficient seriousness to merit suspension for more than twelve months or revocation of the license, it may take the following actions:
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5. File a letter or reprimand.
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4. A.R.S. § 32-1451(27) provides, in relevant part, as follows:
"Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
(a) Violating any federal or state laws, rules or regulations applicable to the practice of medicine.
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(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.
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(p) Having action taken against a doctor of medicine by another licensing or regulatory jurisdiction due to that doctor's mental or physical inability to engage safely in the practice of medicine or the doctor's medical incompetence or for unprofessional conduct as defined by that jurisdiction and that corresponds directly or indirectly to an act of unprofessional conduct prescribed by this paragraph. The action taken may include refusing, denying, revoking or suspending a license by that jurisdiction or a surrendering of a license to that jurisdiction, otherwise limiting, restricting or monitoring a licensee by that jurisdiction or placing a licensee on probation by that jurisdiction.
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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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(ee) Failing to furnish information in a timely manner to the board or the board's investigators or representatives if legally requested by the board.
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(kk) Knowingly making a false or misleading statement to the board or on a form required by the board or in a written correspondence, including attachments, with the board.
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5. A.R.S. § 32-3208(A) provides that “[a] health professional who has been
charged with a misdemeanor involving conduct that may affect patient safety or a felony after receiving or renewing a license or certificate must notify the health professional's regulatory board in writing within ten working days after the charge is filed.” (Emphasis added.) Respondent does not dispute that he was arrested and charged with domestic violence on March 31, 2017 and July 29, 2017, nor that he was convicted of domestic violence misdemeanors on May 1, 2018. Respondent does not dispute that he failed to notify the Board of the charges within ten working days after the charges were filed. The Board has therefore established by clear and convincing evidence that Respondent violated A.R.S. § 32-3208(A).
6. The Board established by clear and convincing evidence that on March 31,
2017, Dr. Teng prepared to go to work to treat patients while under the influence of nitrous oxide and intoxicated by alcohol, but was prevented because he was arrested. Therefore, the Board has established by clear and convincing evidence that Respondent violated A.R.S. § 32-1401(27)(f).
7. The Board established by clear and convincing evidence that Dr. Teng agreed that the Texas Board of Medicine (TBM) prohibit him from practicing medicine in Texas because he refused to cooperate with the TBM investigators, despite TBM’s repeated requests for cooperation. Therefore, the Board has established by clear and convincing evidence that Respondent violated A.R.S. § 32-1401(27)(p).
8. The Board established by clear and convincing evidence that Dr. Teng violated
A.R.S. § 32-1401(27)(r) by failing to document a follow-up care plan and treatment of MT.
9. The Board established by clear and convincing evidence that Dr. Teng violated A.R.S. § 32-1401(27)(s) when he (1) was prematurely terminated from a treatment facility to his unruly behavior, (2) failed to undergo an evaluation with Dr. Leonard to determine his fitness to return to the practice of medicine, and (3) failed to appear at his evaluation appointments and pay the monies agreed upon to effectuate the needed tests for the evaluation.
10. The Board established by clear and convincing evidence that Dr. Teng
(1) failed to inform the Board about the final outcome of his domestic violence charges pending before the Goodyear Municipal Court despite several requests, and (2) Dr. Teng untimely disclosed his medical practice address and contact information more than a month after the first request. Therefore, the Board has established by clear and convincing evidence that Dr. Teng violated A.R.S. § 32-1401(27)(ee).
11. The Administrative Law Judge concludes that because Dr. Teng has
committed unprofessional conduct, grounds exist to impose discipline on Dr. Teng’s license pursuant to A.R.S. § 32-1451.
12. It is undisputed that during an aftercare session required under the PHP
Program, Dr. Teng notified Dr. Jim Corrington, a psychologist, of his convictions for domestic violence in the City of Scottsdale.
13. The Board recommended the following discipline of Dr. Teng:
(a) Letter of Reprimand
(b) Two year probation
(c) 25.5 hours of continuing medical education on ethics, category 1, at the Center for Personalized Education for Physicians (CPEP), a probe course in the area of ethics (in addition to the amount of hours required for physicians).
(d) Ethics counseling during the probationary period of two years, with an addendum that after a year of probation, Dr. Teng can request a shorter period of probation.
(e) Pay a fine of $10,000 under the authority of A.R.S. 32-3208 and A.R.S. 17· 32-1451(K), and in particular, A.R.S. 32-1451(K) within 90 days of the final order.
(f) Pay for the cost of the administrative hearing.
(g) If Dr. Teng fails to pay the $10,000 fine and the cost of the administrative hearing, the Board may summarily suspend his license, and restrict his practice.
RECOMMENDED ORDER
Based on the foregoing, it is ordered that on the effective date of the final order in this matter,
IT IS ORDERED that the Board issue a Letter of Reprimand and impose the following conditions and penalties:
(a) 2 year probation
(b) 25.5 hours of continuing medical education on ethics, category 1, at the Center for Personalized Education for Physicians (CPEP), a probe course in the area of ethics (in addition to the amount of hours required for physicians).
(c) Ethics counseling during the probationary period of two years, with an addendum that after a year of probation, Dr. Teng can request a shorter period of probation.
(d) Pay a fine of $10,000 under the authority of A.R.S. 32-3208 and A.R.S. 17· 32-1451(K), and in particular, A.R.S. 32-1451(K) within 90 days of the final order.
(e) Pay for the cost of the administrative hearing.
(f) If Dr. Teng fails to timely pay the $10,000 fine and the cost of the administrative hearing, the Board may summarily suspend his
license, and restrict his practice.
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 will be five days from the date of that certification.
Done this day, September 23, 2021.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Patricia E. McSorley, Executive Director
Arizona Medical Board