ALJDEC decisions subject to certification as final

21A-54547-MDX · Arizona Medical Board · 2021-06-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Jujhar Singh Bains, MD

Holder of License No. 54547 for the practice of Allopathic Medicine in the State of Arizona,

Respondent

No. 21A-54547-MDX

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: May 4, 2021

APPEARANCES: No one appeared for Respondent; Roberto Pulver, Esq. for the Arizona Medical Board

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

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 March 11, 2021 the Board issued a Complaint and Notice of Hearing for License Revocation setting the above-captioned matter for hearing beginning at 9:00 a.m. May 4, 2021.

Through its Complaint, the Board alleges that Jujhar S. Bains, M.D committed acts of unprofessional conduct as defined in Ariz. Rev. Stat. sections 32-1401(27)(a), (27)(r), and (27)(s).

No representative appeared for Dr. Bains at the scheduled hearing-time and the matter was convened in his absence at about 9:35 a.m.

The Board presented the testimony of Erinn Downey, and Michel Sucher, M.D.

On the Board’s motion, the testimony and all exhibits except 11, 61, 62, and 68, were designated as non-public.

Ms. Downey is the manager of the Board’s Physician Health Program (“PHP”) that provides treatment and rehabilitation to impaired physicians, and she has worked on hundreds of matters involving impaired doctors.

Dr. Sucher is licensed in Arizona, California and Nevada; his specialty is addiction medicine and he has practiced in that area for over thirty years; he is a diplomate of the American Board of Addiction Medicine; he has Board certifications dating back to 1986; and he has monitored or evaluated at least 2000 physicians.

On December 11, 2018, Dr. Bains entered a Stipulated Rehabilitation Agreement (“2018 SRA”) that allowed him to practice medicine provided that he followed the treatment plan set out in the 2018 SRA.

The 2018 SRA required Dr. Bains to: (1) enroll in the PHP; (2) enter treatment with a PHP provider; (3) attend ninety 12-step meetings; (4) abstain from alcohol and other prohibited drugs; and (5) submit to random biological testing during the 5 year duration of the 2018 SRA.

The 2018 SRA also provided that any prescription medications for Dr. Bains had to be approved by the PHP contractor and that he was required to appear for interviews with the PHP when summoned. The 2018 SRA shows that a violation of the SRA is a violation of Ariz. Rev. Stat. section 32-1401(27)(s).

Through an email dated March 11, 2019, a provider with G&S the PHP contractor, sent notice to the Board that Dr. Bains was displaying delusional behaviors and paranoia over the prior several weeks.

Dr. Bains’s behavior and paranoia included a belief that G&S was retaliating against him; that a former employer, CVC, violated his HIPAA rights; and that CVC was preventing him from getting a job.

The G&S provider also reported that Dr. Bains may have violated the 2018 SRA by obtaining prescription medication outside the required protocol and that others were concerned about Dr. Bains’s health and well-being with immediate attention required. The provider opined that Dr. Bains was not safe to practice.

On March 12, 2019, a Board representative contacted Dr. Bains and invited him to enter an Interim Consent Agreement for Practice Limitation (“Limitation Agreement”). Dr. Bains sent the Board a disjointed response.

G&S requested that Dr. Bains undergo a psychiatric evaluation and then sign the Limitation Agreement.

On March 19, 2019, Dr. Bains attended his evaluation at which time he was insulting and profane to the psychiatrist. Dr. Bains did not complete the evaluation and refused a urine drug screen. The psychiatrist’s opinion was that Dr. Bains had impairments.

On March 22, 2019, Dr. Bains met with Board staff, at which time he denied walking out of the March 19, 2019 psychiatric evaluation, and he alleged that the G&S provider and his former employer CVC had committed professional misconduct.

On March 25, 2019, Dr. Bains failed to appear at an appointment with two PHP approved providers at which his medical care and treatment were to be discussed.

On March 25, 2019, Dr. Bains signed the Limitation Agreement and submitted it to the Board via email.

In another email on March 25, 2019, Dr. Bains informed the Board that he was afraid for his life and stated that he must switch PHP contractors immediately. He also stated his intent to file a complaint against the G&S provider (MF) and he accused the Board’s representative of misconduct.

A Board representative informed Dr. Bains that he could switch PHP contractors and that because he had signed the Limitation Agreement, he was no longer required to participate in the PHP.

Dr. Bains did change PHP contractors, enrolling with GRI.

Dr. Bains informed a Board representative that he wanted to have the practice limitations set out in the Limitation Agreement removed. Dr. Bains was informed that this would require GRI to evaluate him to see if he was safe to practice.

Through an email dated April 8, 2019, GRI informed the Board that Dr. Bains had met with a provider and that an inpatient evaluation was not required, but GRI would support one if that is what the Board wanted. The GRI provider subsequently reviewed additional medical records and changed his opinion, finding that Dr. Bains did require an inpatient evaluation.

On April 20, 2019, Dr. Bains emailed the Board requesting a meeting with the Executive Director. That email consisted of seven pages of tiny font with little punctuation and was undiscernible.

On May 6, 2019, Dr. Baines sent an email to a Board representative in which the subject line made no sense. The body of the email included threats to inform the media about anticipated retaliation against him and that he would proceed with a federal case through the Department of Justice.

On May 6, 2019, the Board moved forward with an Interim Order calling for Dr. Bains to have an inpatient evaluation to determine his fitness to practice because of his impairments and the unauthorized use of prescription medications.

On May 7, 2019, the Board’s Executive Director emailed Dr. Bains to inform him that the practice limitation set out in the Limitation Agreement remained in place and she ordered Dr. Bains to undergo a comprehensive evaluation at an approved facility to assist in determining whether to terminate or modify the Limitation Agreement.

Dr. Bains responded to the Executive Director’s email, requesting a clear timeline and providing that if a timeline was not received he would make reports to the Department of Justice, the FBI, the Auditor General, and the Attorney General.

Through an email dated May 9, 2019, Dr. Bains informed the Board that he was going to file malpractice charges against the GRI provider who had evaluated him on April 5, 2019, and he called for a third party audit of the Board representative who had received the May 9th email.

On May 14, 2019, GRI informed Dr. Bains that he was no longer a participant in the Board’s PHP.

On May 15, 2019, Dr. Bains received the Board’s Interim Order allowing him to undergo an inpatient evaluation to determine his fitness to practice.

On May 17, 2019, a Board representative contacted the Lindner Center of HOPE informing the Center that Dr. Bains would arrive for an evaluation and expressing concerns about Dr. Bains’s behavior and unauthorized use of prescription medication.

On June 10, 2019, the Lindner Center of HOPE issued an inpatient evaluation report on Dr. Bains entitled Feedback Notes. The Feedback Notes lacked (a) written opinions of the evaluators; (b) the mental health assessments that were used and the results of same; and (c) an explanation of why bloodwork showed unauthorized medication in his body.

The Lindner Center of HOPE Feedback Notes show that Dr. Bains had a personality disorder, but that disorder did not affect his ability to practice medicine.

A few days after the Lindner Center of HOPE issued its Feedback Notes, Dr. Bains sent the Executive Director an email requesting that his license be reinstated.

On June 20, 2019, Dr. Bains sent four incoherent emails to Board staff.

On June 24, 2019, Dr. Bains sent the Board an eleven page Complaint for Oversight through which he sought reinstatement of his license, and in which he made numerous allegations of wrongdoing by others.

The Board staff sent Dr. Bains a letter dated July 10, 2019, through which it informed him that the Board would consider his request to terminate the Limitation Agreement at the July 18, 2019 Board meeting.

Through an email dated July 16, 2019, Dr. Bains’s attorney informed the Board that Dr. Bains was withdrawing his request to terminate the Limitation Agreement and requested that the Board schedule a hearing regarding the reinstatement of his license.

On August 17, 2020, the Phoenix Police arrested Dr. Bains and charged him with burglary 3rd Degree (Personal Items) – Motor Vehicle, a felony, and Criminal Damage Tamper More than $250, a misdemeanor. At the time of his arrest, Dr. Bains had in his possession items from the vehicle he had broken into.

Later on August 17, 2020, Phoenix Police arrested Dr. Bains a second time, charging him with Theft of Means of Transportation, a felony. Court documents with Dr. Bains’s name on them were found in the car, and Dr. Bains and a security guard approached the police, at which time he admitted that he was responsible for the car at issue being abandoned on the railroad tracks. Dr. Bains admitted stealing the car (a Tesla) from the county justice center and said he did so because the Tesla could lead to understanding about the perception of Teslas around him.

Dr. Bains did not disclose to the Board either of his arrests.

Ms. Downey provided credible testimony regarding the operative facts at issue.

Ms. Downey’s opinion is that Dr. Bains is not amenable to regulation as seen by his failure to comply with the Board’s orders and his lack of communication with the Board.

Dr. Sucher provided credible testimony as to Dr. Bains’s medical issues, including information about the deficiencies in Lindner Center of HOPE’s evaluation and Feedback Notes.

Dr. Sucher was of the opinion that Dr. Bains was not safe to practice.

The Board requested that Dr. Bains’s license be revoked.

CONCLUSIONS OF LAW

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

The Board has the burden of proof, with the standard of proof being clear and convincing evidence. Ariz. Rev. Stat. § 32-1451.04.

Clear and convincing evidence is a “heightened standard of proof that indicates that the thing to be proved is highly probable or reasonably certain.” Kent K. v. Bobby M., 210 Ariz. 279, 284–85, ¶ 25 (2005)(quoting Black’s Law Dictionary 7th ed.); see also Black’s Law Dictionary 674 (10th ed. 2014) (clear and convincing evidence is “[e]vidence indicating that the thing to be proved is highly probable or reasonably certain.”).

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

***

27. "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.

***

(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.

Ariz. Rev. Stat. section 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.”

Clear and convincing evidence shows that Dr. Bains was required to report to the Board both arrests that occurred on August 17, 2020 within ten days of that date, but he failed to do so. Consequently, Dr. Bains violated Ariz. Rev. Stat. section 32-3208(A), which is also a violation of section 32-1401(27)(a).

Clear and convincing evidence shows that Dr. Bains was suffering from delusions and paranoia, that he has engaged in conduct that is or might be harmful or dangerous to the public, and that he is not safe to practice. Consequently, Dr. Bains violated Ariz. Rev. Stat. section 32-1401(27)(r).

Clear and convincing evidence shows that Dr. Bains refused to undergo a requested urine drug screen and that he refused to engage in treatment sessions, both of which he was required to do under the terms of the 2018 SRA. Consequently, Dr. Bains violated Ariz. Rev. Stat. section 32-1401(27)(s).

Because Dr. Bains has committed acts of unprofessional conduct, the Board has authority to discipline his license. Ariz. Rev. Stat. § 32-1451(M).

Through the testimony of Ms. Downey and Dr. Sucher clear and convincing evidence shows that Dr. Bains is not amenable to regulation by the Board. This conclusion is bolstered by the fact that Dr. Bains failed to appear at the hearing. Consequently, Dr. Bains’s license should be revoked.

RECOMMENDED ORDER

IT IS ORDERED that Jujhar S. Bains, M.D.’s License No. 54547 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, June 9, 2021.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Patricia E. McSorley, Executive Director

Arizona Medical Board

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-137160-45720000