ALJDEC decisions subject to certification as final

22A-54596-MDX · Arizona Medical Board · 2023-02-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Richard M. Roberts, M.D.

Holder of License No. 54596

For the Practice of Allopathic Medicine

In the State of Arizona

No. 22A-54596-MDX

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 9, 2023 with the record held open until January 31, 2023 for the purpose of allowing the court reporter’s transcript to be included in the record.

APPEARANCES: Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona Medical Board. Richard M. Roberts, M.D. did not appear.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

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

2. On November 28, 2022, the Arizona Board issued a Complaint and Notice of Hearing setting this matter for hearing at 9:00 a.m. on January 9, 2023.

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

4. The Arizona Board presented the testimony of its Licensing Investigations Manager, Marlene Young, and submitted exhibits 1 through 8.

5. On April 28, 2016, United Medical Centers (UMC) cancelled Dr. Richard M. Roberts’s assignment as a pediatrician at Del Rio San Felipe Clinic (Clinic).

See Exhibit 1. Dr. Roberts was terminated because the nursing staff and Clinic manager received five complaints from parents regarding the way Dr. Roberts examined their children’s private parts, genital area, and buttocks. See id.

6. On June 10, 2016, Dr. Roberts entered into a Remedial Plan with the Texas Medical Board (Texas Board) wherein Dr. Roberts agreed to complete continuing education and pay a remedial plan fee. See Exhibit 2. The Texas Board offered the Remedial Plan based on its finding that Dr. Roberts prescribed non-therapeutically prescribed medications to two patients and failed to maintain adequate medical records. See id.

7. By email dated May 12, 2017, and letter dated May 15, 2017, Dr. Roberts responded to a complaint with the Texas Board alleging that he had inappropriately touched a child while working as a physician at the UMC Clinic in Del Rio, Texas. See Exhibit 3.

8. On May 16, 2017, approximately 4 days after responding to the Texas Board complaint, Dr. Roberts made initial application for licensure with the Arizona Board. See Exhibit 4. On the May 2017 application, Dr. Roberts answered “No” to the following questions:

(a) have you ever had any disciplinary or rehabilitative action taken against you by another licensing board, including other health professions; (b) have you had any disciplinary actions, restrictions or limitations taken against you while participating in any type of training program or by any health care provider; (c) have you ever been found in violation of a statute, rule, or regulation or any domestic or foreign governmental agency; and (d) are you currently under investigation by any medical board or peer review board.

9. Dr. Roberts failed to disclose the April 28, 2016 termination of his assignment by UMC in Texas; the June 10, 2016 Texas Remedial Plan; or the ongoing investigation by the Texas Board. See Exhibit 4.

10. On September 20, 2017, the Arizona Board issued Dr. Roberts’s license.

11. On November 3, 2017, a Disciplinary Panel of the Texas Board issued

Dr. Roberts an Order of Temporary Restriction after a hearing on allegations including Dr. Roberts’s care and treatment of pediatric patients in March and April 2016 while practicing at the UMC Clinic in Texas. See Exhibit 5. The Panel found that

Dr. Robert’s conduct constituted an imminent peril to the public health, safety or welfare that required immediate action, and ordered Dr. Roberts have a chaperone present during all patient examinations.

12. On October 14, 2018, Dr. Roberts submitted his renewal application and disclosed for the first time that he had been issued an Order of Temporary Restriction by the Texas Board. See Exhibit 6.

13. The Board initiated an investigation of Dr. Roberts.

14. On January 4, 2019, the Arizona Board notified Dr. Roberts that it had initiated an investigation based on his affirmative answers on the 2018 renewal application. See Exhibit 7.

15. Effective January 17 2019, Dr. Roberts entered into an interim Consent Agreement for Practice Restriction with the Arizona Board.

CONCLUSIONS OF LAW

1. The Arizona Board has jurisdiction over Dr. Roberts 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 Arizona Board established by clear and convincing evidence that

Dr. Roberts engaged in unprofessional conduct, based on the conduct described in Findings of Facts 1-11, which is a violation of A.R.S. § 32-1401(27)(p).

4. The Arizona Board established by clear and convincing evidence that

Dr. Roberts engaged in unprofessional conduct, in violation of A.R.S. § 32-1401(27)(bb), by procuring a license and attempting to renew a license by misrepresentation.

5. Because Dr. Roberts has committed acts of unprofessional conduct, the Arizona Board has authority to discipline his license. A.R.S. § 32-1451(M).

6. Given Dr. Roberts’s egregious behavior and his failure to appear at the

duly noticed hearing, Dr. Roberts has demonstrated that he is not amenable to regulation by the Arizona Board. Consequently, Dr. Roberts’s license should be revoked.

RECOMMENDED ORDER

IT IS ORDERED that Richard M. Roberts, M.D.’s License No. 54596 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.

Done this day, February 17, 2023.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Patricia E. McSorley

Executive Director

Arizona Medical Board

1740 W. Adams St., Ste. 4000

Phoenix, AZ 85007

Elizabeth A. Campbell, Esq.

Office of the Attorney General

Licensing & Enforcement Section

2005 N. Central Ave.

Phoenix, AZ 85004

[email redacted]

Richard M. Roberts, MD

6610 Belvoir Ave.

Corpus Christi, TX 78414

[email redacted]

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 forty (40) days from the date of that certification.

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-137160-45720000Done this day, February 21, 2023.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically or by mail to:

Patricia E. McSorley, Executive Director

Arizona Medical Board

By: OAH Staff

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001

-137160-45720000