ALJDEC - Licensing
24A-48291-MDX · Arizona Medical Board · 2024-09-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of
Sherman Washington Jr., M.D.
Holder of License No. 48291
For the Practice of Allopathic Medicine
In the State of Arizona
No. 24A-48291-MDX
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 15, 2024, with the record held open until August 30, 2024 for the purposes of receiving the Court reporter’s transcript.
APPEARANCES: The Arizona Medical Board was represented by Assistant Attorney General Elizabeth Campbell.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE: Arizona Medical Board Exhibits 1- 6 were admitted into evidence.
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Medical Board (Board) is the authority for the regulation and control of the practice of allopathic medicine in the State of Arizona.
Sherman Washington Jr., M.D., (Respondent) was the holder of License No. 48291 for the practice of allopathic medicine in Arizona. On February 23, 2022, Respondent’s license expired.
On July 3, 2024, the Board issued a Complaint and Notice of Hearing to Respondent alleging Respondent had engaged in unprofessional conduct pursuant to A.R.S. § 32-1401(27)(p) and A.R.S. § 32-1401(27)(ee).
A copy of the Complaint and Notice of Hearing was e-mailed, sent via Certified mail and regular mail to Respondent at his addresses of record.
The hearing was held at the Office of Administrative Hearings (OAH) on August 16, 2024. Respondent did not request to appear telephonically at the duly noticed hearing and did not request that the hearing be continued. Although the start of the hearing was delayed approximately 15 minutes to allow Respondent additional travel time, he did not appear, personally or through an attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Respondent did not present any evidence to defend his license.
The Board presented the testimony Raquel Rivera, Deputy Director of the Arizona Medical Board and Regulatory Board of Physician Assistants.
Ms. Rivera testified as to the following:
On December 3, 2021, Respondent entered into a Settlement Agreement with the Nevada Board. In connection with the Settlement Agreement, Respondent admitted to aiding the unlicensed practice of medicine, engaging in conduct that violated pharmacy board regulations, unsafe or unprofessional conduct, and fraudulent, illegal, unauthorized and otherwise inappropriate prescribing of controlled substances. Respondent’s Nevada license was placed on 24 months of probation, he was assessed a fine of $5,000, he was required to complete continuing medical education (“CME”) in medical ethics and professionalism, and the Nevada Board imposed a Public Letter of Reprimand. Ms. Rivera testified that Arizona had the same or substantially similar statues as to what Nevada had.
On December 15, 2021, the Arizona Board received notification from the Federation of State Medical Boards that Respondent’s Nevada license had been disciplined effective December 3, 2021.
By letter dated December 16, 2021. Respondent was notified of the pending investigation in Board case number MD-21-1118A.
On January 5, 2022, the Board sent Respondent a letter instructing him to provide a written narrative explaining the Nevada Board’s action no later than January 19, 2022.
Respondent failed to provide a written narrative explaining the Nevada Board’s action, however, he provided correspondence from PBI Education, explaining that he completed the required CME courses.
Ms. Rivera also testified that she completed her Investigative Report on May 13, 2022.
At the conclusion of testimony counsel for the Board recommended that a Letter of Reprimand be issued and that Respondent be ordered to pay the Board’s costs in this matter.
CONCLUSIONS OF LAW
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 legislature created the Board to protect the public. See Laws 1992, Ch. 316, § 10.
A.R.S. § 32-1401(27)(p) and A.R.S. § 32-1401(27)(ee) provide that:
27. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
...
(p) Having action taken against a doctor of medicine by another licensing or regulatory jurisdiction due to that doctor of medicine's mental or physical inability to engage safely in the practice of medicine or the doctor of medicine's medical incompetence or for unprofessional conduct as defined by that jurisdiction and that corresponds directly or indirectly to an act of unprofessional conduct prescribed by this paragraph. The action taken may include refusing, denying, revoking or suspending a license by that jurisdiction or a surrendering of a license to that jurisdiction, otherwise limiting, restricting or monitoring a licensee by that jurisdiction or placing a licensee on probation by that jurisdiction.
...
(ee) Failing to furnish information in a timely manner to the board or the board's investigators or representatives if legally requested by the board.
The weight of the evidence presented established by clear and convincing evidence that Respondent’s license was disciplined in Nevada, and that Respondent failed to provide relevant information to the Board as requested, and therefore he violated the above statutes.
Pursuant to A.R.S. § 32-1451(M), “...[t]he board may charge the costs of formal hearings to the licensee who it finds to be in violation of this chapter.”
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 issue a Letter of Reprimand on Respondent Sherman Washington Jr.’s, License No. 48291 for the practice of allopathic medicine.
It is further recommended that Respondent be assessed the cost of the formal hearing incurred by the Board in this matter.
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 12, 2024.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Patricia E. McSorley, Executive Director
Arizona Medical Board
Sherman Washington Jr., MD
[email redacted]
Elizabeth A. Campbell, Esq.
[email redacted]
[email redacted]
By: OAH Staff