ALJDEC decisions subject to certification as final

22A-29347-MDX · Arizona Medical Board · 2022-12-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Herbert W. Jones, M.D.

Holder of License No. 29347

For the Practice of Allopathic Medicine

In the State of Arizona

No. 22A-29347-MDX

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 21, 2022 with the record held open until December 5, 2022

APPEARANCES: Herbert W. Jones, M.D. (Dr. Jones) did not appear. Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona Medical Board (AZ Board).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. The AZ Board is the duly constituted authority for licensing and regulating the practice of allopathic medicine in the State of Arizona.

2. On October 11, 2022, the AZ Board issued a Complaint and Notice of Hearing setting this matter for hearing at 9:00 a.m. on November 21, 2022.

3. No representative appeared for Dr. Jones at the scheduled hearing-time and the matter was convened in his absence at about 9:15 a.m.

4. The Board presented the testimony its Physical Health Program Manager, Erinn Downey, and submitted exhibits 1-10.

5. On September 11, 1999, Dr. Jones was licensed by the Minnesota Board of Medical Practice (Minnesota Board) to practice medicine and surgery in the State of Minnesota. See Exhibit 1, MED-003.

6. On December 6, 2018, Dr. Jones entered into a Participation Agreement and Monitoring Plan with the Minnesota Board’s Health Professionals Services Program (HPSP) for the monitoring of his chemical dependency and mental health. See Exhibit 1, MED-003. The terms of the Participation Agreement and Monitoring Plan, included, but were not limited to, Dr. Jones will: abstain from alcohol, controlled substances, and any mood-altering substances; refrain from practicing medicine; enter a residential assessment program by December 10, 2018; and submit to unannounced toxicology screens on a periodic basis as requested by HPSP. See id.

7. Dr. Jones failed to enter a residential program for assessment by December 10, 2018, as required by the Participation Agreement and Monitoring Plan. See Exhibit 1, MED-003.

8. On December 19, 2018, Dr. Jones entered residential treatment in another state. Dr. Jones was discharged and returned to Minnesota on January 22, 2019.

See Exhibit 1, MED-003.

9. On January 24, 2019, Dr. Jones took Xanax (a controlled substance to help him sleep) despite the fact that his Xanax prescription had expired. See Exhibit 1, MED-003.

10. Effective May 11, 2019, Dr. Jones entered into a Stipulation and Order for Indefinite Suspension with the Minnesota Board related to substance abuse issues, including Dr. Jones’s acknowledgement that he had practiced medicine while under the influence of chemicals and failed to complete chart reviews because of his use of chemicals. See Exhibit 1.

11. On July 23, 2019, the Alabama Medical Board (Alabama Board) temporarily suspended Dr. Jones’s Alabama license based upon disciplinary action taken by the Minnesota Board and substance abuse issues. See Exhibit 6.

12. Effective September 14, 2019, Dr. Jones entered into a second Stipulation and Order with the Minnesota Board that permitted Dr. Jones to return to practice in Minnesota subject to certain terms, including that Dr. Jones participate in and fully comply with the Minnesota Board’s HPSP. See Exhibit 2.

13. Effective September 4, 2020, Dr. Jones entered into a Consent Agreement with the AZ Board in Case No. MD-19-0546A for a letter of reprimand and a probationary period of 5 years, which was retroactive to March 9, 2020 (the “Arizona 2020 Consent”). As part of the probationary terms, the Arizona 2020 Consent required that Dr. Jones comply with the Minnesota HPSP. See Exhibit 3.

14. Effective February 26, 2021, Dr. Jones surrendered his California medical license based upon actions by the Minnesota Board and the Alabama Board related to Dr. Jones’s substance abuse. See Exhibit 6.

15. On May 14, 2021, Dr. Jones tested positive for alcohol use. See Exhibit 4, MED-034.

16. On June 9, 2021, the Minnesota Board’s HPSP notified the AZ Board of the positive test. See id at MED-031. After receiving the notification, the AZ Board began an investigation of Dr. Jones. See Exhibit 9.

17. On June 24, 2021, Dr. Jones entered into an Interim Consent Agreement for Practice Restriction (Interim Consent Agreement) with the AZ Board pending final administrative action of the AZ Board’s investigation. See Exhibit 9. Through the June 24, 2021 Interim Consent Agreement, the AZ Board notified Dr. Jones of its investigation. See Exhibit 9.

18. On September 14, 2021, Dr. Jones surrendered his Alabama medical license. See Exhibit 7.

19. On December 2, 2021, the Minnesota Board indefinitely suspended

Dr. Jones’s medical license based upon findings including the positive alcohol test and Dr. Jones’s subsequent withdrawal from the Minnesota Board’s HPSP without fulfilling the terms for successful completion of the program.

20. On December 12, 2021, the Missouri Board of Registration for the Healing Arts revoked Dr. Jones’s medical license. See Exhibit 8.

21. On December 30, 2021, Dr. Jones’s license issued by the AZ Board expired.

22. On or about October 11, 2022, Dr. Jones received the October 11, 2022 Notice of Complaint and Hearing by e-mail. See Exhibit 10.

23. On October 12, 2022, Dr. Jones responded to the e-mail and denied that he practiced medicine under the influence of alcohol or drugs. See Exhibit 10.

Dr. Jones stated in his e-mail response, “Thanks for your help but I am done with medicine.” See id.

CONCLUSIONS OF LAW

1. The Board has jurisdiction over Dr. Jones and the subject matter in this case under Arizona Revised Statutes § 32-3202.

2. Pursuant to A.R.S. § 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Board has the burden of proof in this matter. The standard of proof is by clear and convincing evidence. A.R.S. § 32-1451.04.

3. The Board established by clear and convincing evidence that Dr. Jones engaged in unprofessional conduct, in violation of A.R.S. § 32-1401(27)(f), by practicing medicine while under the influence of chemicals and failed to complete chart reviews because of his use of chemicals.

4. The Board established by clear and convincing evidence that Dr. Jones engaged in unprofessional conduct, in violation of A.R.S. § 32-1401(27)(f), by taking an expired Xanax (a controlled substance to help him sleep) after entering into a Participation Agreement and Monitoring Plan with the Minnesota Board’s Health Professionals Services Program wherein he agreed to abstain from controlled substances.

5. The Board established by clear and convincing evidence that Dr. Jones engaged in unprofessional conduct, as described in findings of fact 5-12, 13-15, and 18-20, in violation of A.R.S. § 32-1401(27)(p).

6. The Board established by clear and convincing evidence that Dr. Jones engaged in unprofessional conduct, as described in findings of facts 13, 15-17, and 19, in violation of A.R.S. § 32-1401(27)(s).

7. Because Dr. Jones has committed acts of unprofessional conduct, the Board has authority to discipline his license. A.R.S. § 32-1451(M). This authority exists even though Dr. Jones did not renew his license when it was due to expire on December 30, 2021. See A.R.S. § 32-3202.

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

RECOMMENDED ORDER

IT IS ORDERED that Herbert W. Jones, M.D.’s License No. 29347 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, December 19, 2022.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically or by mail to:

Patricia E. McSorley, Executive Director

Arizona Medical Board

Herbert W. Jones, MD

3508 W 28th St

Minneapolis, MN 55416

[email redacted]

Elizabeth A. Campbell, Esq.

Office of the Attorney General

Licensing & Enforcement Section

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]

By Miranda Alvarez

Legal Secretary

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001

-137160-45720000