ALJDEC - Licensing
24A-60338-MDX · Arizona Medical Board · 2024-09-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of
JORDAN D. BEVANS, M.D.
Holder of License No. 60338
For the Practice of Allopathic Medicine
In the State of Arizona
No. 24A-60338-MDX
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 27, 2024, with the record held open until September 13, 2024 for purposes of receiving the transcript.
APPEARANCES: Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona Medical Board.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE: Arizona Medical Board Exhibits 1-14 were admitted into evidence. Exhibits 3, 4, 7, and 10 are confidential.
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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.
Jordan D. Bevans, M.D., (Respondent) was the holder of License No. 60338 for the practice of allopathic medicine in Arizona. On February 23, 2022, Respondent’s license expired.
On July 16, 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)(e), (f), (g), (r), and (s).
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 27 2024. Respondent did not request to appear telephonically at the duly noticed hearing and did not request that the hearing be continued. Further, in a July 16, 2024 e-mail to the Board, Respondent stated, “I agree with what was stated and I want to forfeit my license I am not interested in having (sic) a hearing...”. Consequently, Respondent did not present any evidence to defend his license.
The Board presented the testimony of Erinn Downey, Manager of the Physician Health Program for the Board.
Ms. Downey testified as to the following:
On November 18, 2021, Respondent was practicing as an anesthesiologist at a surgery center in Arizona. While on duty as an anesthesiologist at a surgery center on November 18, 2021, Respondent failed to accurately account for all of the Demerol and Fentanyl he removed under the names of patients. Surgery center staff noted signs and symptoms of impairment. Respondent admitted to diverting Demerol and Fentanyl from patients for his personal use. On November 19, 2021, Respondent self-reported to the Board that he had been struggling with addiction and had recent incident at the surgery center.
On or about November 30, 2021, the Board received a Notification of Refrainment from Banner Surgery Centers, in which it informed the Board that Respondent voluntarily asked to refrain from practice while under investigation.
In December 2021 and January 2022, Respondent participated in inpatient treatment. Following completion of inpatient treatment, Respondent was assessed as being safe to practice as long as he fully participated and complied with the evaluator’s recommendations, including a 5-year professional monitoring program with drug testing and ongoing support group meetings and individual therapy.
Effective February 16, 2022, Respondent entered into an Interim Consent Agreement (“ICA”) for participation in the Board’s Physician Health Program. The ICA required that Respondent not take any illegal drugs or mood altering medications unless prescribed for a legitimate therapeutic purpose.
On October 17 and October 19, 2022, Respondent tested positive for Marijuana use in violation of the ICA. In a report dated October 24, 2022, the Monitor informed the Board that Respondent had tested positive for marijuana metabolites. Respondent admitted consuming an edible cannabis product. The Monitor opined that Respondent should complete an intensive outpatient treatment program (“IOP”) and other recommendations for aftercare.
On November 11, 2022, Respondent again tested positive for Marijuana use. By email dated November 22, 2022, Respondent informed the Monitor that he would not be participating in IOP. However, Respondent subsequently enrolled in IOP on November 29, 2022.
On January 6, 2022, the treatment provider provided a progress note to the Board, which had recommended care after discharge.
On February 24, 2023, the treatment provider notified the Monitor that Respondent had not been participating in aftercare, which is a violation of the ICA.
On April 7, 2023, after Respondent had failed to respond to two testing requests, the Monitor notified Board staff that Respondent had stopped checking in for drug testing, which is a violation of the ICA.
Respondent did not resume testing or aftercare. Further, by email dated April 10, 2023, Respondent informed the Board that he had no interest in continuing with medicine.
At the conclusion of testimony counsel for the Board recommended that Respondent’s license be revoked.
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) provides in pertinent part:
27. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
...
(e) Failing or refusing to maintain adequate records on a patient.
(f) Exhibiting a pattern of using or being under the influence of alcohol or drugs or a similar substance while practicing medicine or to the extent that judgment may be impaired and the practice of medicine detrimentally affected.
(g) Using controlled substances except if prescribed by another physician for use during a prescribed course of treatment.
. . .
(r) Committing any conduct or practice that is or might be harmful or dangerous to the health of the patient or the public.
(s) Violating a formal order, probation, consent agreement or stipulation issued or entered into by the board or its executive director under this chapter.
The weight of the evidence presented established by clear and convincing evidence that Respondent’s actions violated the above statutes.
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 revoke Respondent Jordan D. Bevans’ License 60338.
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 27, 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
Jordan D. Bevans, M.D.
[email redacted]
Elizabeth A. Campbell, Esq.
[email redacted]
By: OAH Staff