ALJDEC decisions subject to certification as final

23A-46670-MDX · Arizona Medical Board · 2023-05-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Shekhar C. Thakur, M.D.

Holder of License No. 46670

For the Practice of Allopathic Medicine

In the State of Arizona

No. 23A-46670-MDX

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 6, 2023, with the record held open until April 25, 2023

APPEARANCES: Respondent Shekhar C. Thakur, M.D., did not appear. The Arizona Medical Board was represented by Assistant Attorney General Carrie Smith.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

The Arizona Medical Board (the Board) is the authority for the regulation and control of the practice of allopathic medicine in the State of Arizona.

Shekhar C. Thakur, M.D. (Respondent) is the holder of Board-issued License No. 46670 for the practice of allopathic medicine in the State of Arizona.

On or about August 22, 2022, the Board initiated case number MD-22-0809A after receiving a Disciplinary Action Report from the Federation of State Medical Boards that the Michigan Board of Medicine (Michigan Board) had taken disciplinary action against Respondent’s Michigan medical license.

On or about July 26, 2022, the Michigan Board issued a Final Order suspending Respondent’s license for six months and one day and voiding Respondent’s controlled substance license (Michigan Board Order). The Michigan Board Order was based on Respondent’s failure to respond to an administrative complaint alleging significant deficiencies in Respondent’s controlled substance prescribing practices.

On or about August 23, 2022, Board staff notified Respondent via email of the investigation. Respondent was not required to respond to the notification at that time.

On or about August 31, 2022, Board staff notified Respondent via email that the investigation in this matter had been moved for further review. Respondent was instructed to provide a complete narrative of his response to the Disciplinary Action Report no later than September 13, 2022.

On September 8, 2022, the Board also received correspondence copied from Walmart’s Controlled Substance Compliance Department to Respondent informing him that Walmart and Sam’s Club pharmacies would no longer fill prescriptions he wrote for controlled substances based on their review of Respondent’s controlled substance prescribing patterns and practices.

On or about September 8, 2022, Board staff notified Respondent via email and regular mail that an additional complaint had been received. Respondent was instructed to provide a complete narrative response no later than September 22, 2022.

Respondent did not provide a complete narrative response to the August 31, 2022, or September 8, 2022, notices by the deadlines set forth in the notices.

On or about October 20, 2022, Board staff notified Respondent via email that the investigation was near completion. Respondent was notified that no additional response was required, but if he chose to respond, he was required to do so in writing no later than November 3, 2022.

Respondent did not provide a response by November 3, 2022.

On or about January 9, 2023, Board staff offered Respondent an Interim Consent Agreement for Practice Restriction via email and regular mail. Respondent was instructed to return a signed copy of the agreement no later than January 12, 2023.

Respondent did not return a signed copy of the Interim Consent Agreement for Practice Restriction by January 12, 2023

On or about January 19, 2023, Board staff notified Respondent via email that the matter would be considered at the Board meeting on January 20, 2023.

During the Board’s consideration of the above captioned matter on January 20, 2023, Board staff presented the foregoing. Board members noted the serious nature of the Michigan Board’s findings, and expressed concerns regarding Respondent’s ability to be regulated. Based on the evidence presented, the Board voted unanimously to summarily suspend Respondent’s license.

On or about January 30, 2023, Respondent submitted a signed copy of the Interim Consent Agreement for Practice Restriction to Board staff via email from Respondent’s email address of record.

The Board referred this matter to the Office of Administrative Hearings (OAH), an independent state agency, for an evidentiary hearing on the allegations and charged acts of unprofessional conduct as defined by A.R.S. § 32-1401(27)(p), (t), and (ee) as set forth in the Board’s February 27, 2023 Complaint and Notice of Hearing.

The Complaint and Notice of Hearing set a hearing before OAH at 9:00 a.m. on April 6, 2023. The Board mailed the Complaint and Notice of Hearing to Respondent via certified mail, regular mail, and email to his address of record.

Respondent did not request to appear telephonically or virtually at the hearing. Although the duly noticed hearing did not convene until 9:25 a.m. and did not conclude until 9:48 a.m., Respondent did not appear, personally or through an attorney, and did not contact OAH. Consequently, Respondent did not present any evidence to defend his license to practice allopathic medicine in Arizona.

The Board submitted 8 exhibits and presented the testimony of Natalie Migdal, Senior Medical Investigator with the Board, who investigated the complaints against Respondent.

The Board included in the exhibits the Complaint and Notice of Hearing sent to Respondent’s address of record via certified mail that returned to sender as “unable to forward.”

CONCLUSIONS OF LAW

The Complaint and Notice of Hearing that the Board mailed to Respondent at his address and email address of record was reasonable, and Respondent is deemed to have received notice of the hearing. See A.R.S. § 41-1092.04; A.R.S. § 41-1061(A).

The Board has jurisdiction over Respondent and the subject matter in this case.

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.

The evidence established that Respondent’s Michigan medical license was suspended. Therefore, the Board established that Respondent committed unprofessional conduct as defined by A.R.S. § 32-1401(27)(p).

The evidence established that Respondent failed to promptly notify the Board of a change in his address as evidenced by the returned mailing sent to his address of record. Therefore, the Board established that Respondent committed unprofessional conduct as defined by A.R.S. § 32-1401(27)(t), namely A.R.S. § 32-1435(A).

The evidence established that Respondent failed to respond to any of the numerous communications from the Board after August 23, 2022, by the deadlines established in each communication. Respondent’s only response to the Board was to return a signed copy of the Interim Consent Agreement for Practice Restriction after the Board had summarily suspended his license based, in part, on his failure to respond by the deadline. Therefore, the Board established that Respondent committed unprofessional conduct as defined by A.R.S. § 32-1401(27)(ee).

The Arizona legislature created the Board to protect the public. See Laws 1992, Ch. 316, § 10. Respondent’s absolute failure to respond to any communications from the Board regarding the complaint establish that he cannot be regulated at this time. Therefore, the Board should revoke Respondent’s license to practice allopathic medicine.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Board’s final order in this matter, the Board’s summary suspension of License No. 46670 for the practice of allopathic medicine in Arizona previously issued to Respondent Shekhar C. Thakur, M.D. be affirmed and said license be revoked.

It is further ordered that, pursuant to A.R.S. § 32-1451(M), Shekhar C. Thakur, M.D. be charged for the cost of the formal hearing as determined by the Board.

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.

-54864001

001

-137160-45720000Done this day, May 15, 2023.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Patricia E. McSorley, Executive Director

Arizona Medical Board

Shekhar C. Thakur, MD

[email redacted]

Carrie Smith

Arizona Medical Board

[email redacted]

By: OAH Staff