ALJDEC - Licensing
23A-60767-MDX · Arizona Medical Board · 2023-09-07
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Keri M. Bentley, M.D.
Holder of License No. 60767 For the Practice of Allopathic Medicine In the State of Arizona.
No. 23A-60767-MDX
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 28, 2023, with the record held open until August 18, 2023, for the sole purpose of allowing the court reporter’s transcript to be included I the record.
APPEARANCES: Keri M. Bentley, M.D. did not appear. Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona Medical Board.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
On June 12, 2023, the Arizona Medical Board (Board) Board issued a Notice of Hearing (NOH) setting the above-entitled matter for hearing on July 23, 2023. The NOH provided that the issue set for determination was whether grounds exist to revoke Dr. Keri M. Bentley’s license.
A hearing was held on July 28, 2023. At hearing, the Board presented the testimony of its investigator, Nicole Samaranellis, and submitted Exhibits 1 through 2, and 4 through 6.
No one appeared on behalf of Dr. Bentley at the hearing on July 28, 2023. No one filed a request to appear telephonically on behalf of Dr. Bentley’s. No one appeared on behalf of Dr. Bentley through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, Dr. Bentley did not present any evidence to defend her license.
The Board initiated case number MD-23-0314A after receiving a report that Dr. Bentley’s Kentucky license had been summarily suspended.
On March 24, 2023, the Kentucky Board of Medical Licensure (Kentucky Board) issued an Emergency Order of Suspension of Dr. Bentley’s Kentucky medical license in case 2103. See Exhibit 1.
The Kentucky Board’s order was based in part on Dr. Bentley’s March 4, 2021, indictment on felony charges related to controlled substance prescribing in USA v. Taylor, et. al., Case No. 6:21-CR-13-REW (United States District Court, Eastern District of Kentucky Southern Division). See Exhibit 1.
On April 6, 2023, The Iowa Board of Medicine (Iowa Board) suspended
Dr. Bentley’s Iowa medical license based on the Kentucky Board’s Order. See Exhibit 2.
The suspension was retroactively effective to the date of the Kentucky Board’s Order. 5. On April 25, 2023, the Arkansas State Medical Board (Arkansas Board) issued an Emergency Order of Suspension and Notice of Hearing suspending Dr. Bentley’s Arkansas medical license (Arkansas Board Order). See Exhibit 4.
The Arkansas Board Order was based on the Kentucky Board Order and Dr. Bentley’s failure to disclose her pending federal charges to the Arkansas Board as required. See Exhibit 4.
On April 26, 2023, The Tennessee Board of Medical Examiners (Tennessee Board) issued an Order for Suspension of Dr. Bentley’s Tennessee medical license based on the Kentucky Board order. See Exhibit 5.
Dr. Bentley failed to report her charges to the Board as required by statute.
During the Board’s consideration of the above captioned matter on May 15, 2023, Board staff presented the foregoing. Based on the evidence presented, the Board voted unanimously to summarily suspend Dr. Bentley’s license.
On May 15, 2023, the Board summarily suspended Dr. Bentley’s license. See Exhibit 6.
CONCLUSIONS OF LAW
1. The Arizona Board has jurisdiction over Dr. Bentley 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. Bentley engaged in unprofessional conduct, based on the conduct described in Finding of Fact 6, which is a violation of A.R.S. § 32-1401(27)(A).
4. The Arizona Board established by clear and convincing evidence that
Dr. Bentley engaged in unprofessional conduct, in violation of A.R.S. § 32-1401(27)(P), based on the conduct described in Findings of Facts 4-11.
5. Because Dr. Bentley has committed acts of unprofessional conduct, the Arizona Board has authority to discipline her license. A.R.S. § 32-1451(M).
6. Given Dr. Bentley’s egregious behavior and her failure to appear at the
duly noticed hearing, Dr. Bentley has demonstrated that she is not amenable to regulation by the Arizona Board. Consequently, Dr. Bentley’s license should be revoked.
RECOMMENDED ORDER
IT IS ORDERED that Keri M. Bentley, M.D.’s License No. 60767 is revoked.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
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.
Done this day, September 7, 2023.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Patricia E. McSorley, Executive Director
Arizona Medical Board
1740 W Adams St., Suite 4000
Phoenix, AZ 85007
[email redacted]
Keri M. Bentley, MD
10616 Eagles View Drive
Knoxville, TN 37922
[email redacted]
Elizabeth A. Campbell, Esq.
Office of the Attorney General
Licensing & Enforcement Section
2005 N. Central Avenue
Phoenix, AZ 85004
[email redacted]
By: OAH Staff