ALJDEC - Licensing
24A-66713-MDX · Arizona Medical Board · 2024-02-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of
Jean H. Vincent, MD
Holder of License No. 66713
For the Practice of Allopathic Medicine
In the State of Arizona
No. 24A-66713-MDX
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 5, 2024, with the record held open until February 9, 2024.
APPEARANCES: Jean H. Vincent, M.D. failed to appear. The Arizona Medical Board was represented by Assistant Attorney General Elizabeth A. Campbell.
ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn
EXHIBITS ADMITTED INTO EVIDENCE: Exhibits 1 through 14 and the Complaint and Notice of Hearing.
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Medical Board (“Board”) is the duly constituted authority for the regulation and control of the practice of allopathic medicine in the State of Arizona.
Respondent is the holder of license number 66713 for the practice of allopathic medicine in the State of Arizona
The Board initiated case number MD-23-0845A after notification on August 28, 2023, from the hospital where Respondent held privileges that he had been placed on administrative leave during an investigation regarding his inter-professional conduct that raised concern regarding his mental health and safety to practice.
Pursuant to an Interim Order issued by the Board’s Executive Director, Respondent presented for an Initial Assessment with a Physician Health Program (“PHP”) Assessor on October 4, 2023. The Interim Order required Respondent to timely present for the Assessment and to comply with all recommendations from the Assessor. After completion of that Initial Assessment, the Assessor recommended that Respondent undergo a comprehensive psychiatric evaluation with a Board-approved facility in order to determine Respondent’s safety to practice.
Respondent failed to complete the comprehensive psychiatric evaluation as recommended by the Assessor and required by the Interim Order.
During the Board’s investigation, Respondent sent Board staff emails of a nature that raised ongoing concerns about Respondent’s mental health status. In addition, Respondent refused to provide additional licensing information requested by Board staff during the course of the investigation.
On or about October 30, 2023, Board staff requested that Respondent provide Federation of State Medical Boards (“FSMB”) Federation Credential Verification Service (“FCVS”) information, but Respondent refused to provide the credential information requested by Board staff during the course of the investigation.
During the Board’s consideration of this case, Board staff presented the foregoing information and requested that the Board consider summary suspension based on the Board’s inability to determine, without additional information, whether Respondent was safe to practice medicine. Based on the evidence presented on November 1, 2023, the Board voted unanimously to summarily suspend Respondent’s license pursuant to A.R.S. § 32-1451(D).
On November 2, 2023, the Board summarily suspended Respondent’s License No. 66713 to practice allopathic medicine in the State of Arizona.
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)(s) and (ee) as set forth in the Board’s November 27, 2023 Complaint and Notice of Hearing.
The Complaint and Notice of Hearing set a hearing before OAH at 9:00 a.m. on January 5, 2024. The Board mailed the Complaint and Notice of Hearing to Respondent via certified mail, regular mail, and email to his address of record.
On or about December 10, 2024, the Board received by Priority Mail from Respondent a ten (10) page letter regarding the matter.
On January 4, 2024, the Board requested that its representatives be permitted to appear remotely due to a COVID diagnosis.
On January 4, 2042, the OAH issued an ORDER setting forth a GOOGLE link for the administrative hearing.
The OAH emailed this ORDER to Respondent at the email address which had been used by the Board in its communications to Respondent.
Respondent had not communicated to the OAH that he intended to appear in person at the administrative hearing nor had he specifically requested to appear telephonically or virtually.
The duly noticed hearing did not convene until 9:15 a.m. and did not conclude until 9:55 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.
At the hearing, the Board submitted 14 exhibits and presented the testimony of Erinn Downey, Physician Health Program Manager with the Board, who investigated the complaint received against Respondent.
CONCLUSIONS OF LAW
The Arizona legislature created the Board to protect the public. The Board possesses jurisdiction over the subject matter hereof and over Respondent. Pursuant to A.R.S. § 42-1451(A), the board on its own motion may investigate any evidence that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of medicine.
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 failed to complete the comprehensive psychiatric evaluation as recommended by the Assessor. Additionally, the evidence further established that Respondent refused to provide additional licensing which was requested by Board staff during the Board’s evaluation. Therefore, the Board established that Respondent committed unprofessional conduct as defined by A.R.S. § 32-1401(27)(s) and (ee).
The Complaint and Notice of Hearing that the Board mailed to Respondent at his address of record 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).
Respondent’s failure to complete the comprehensive psychiatric evaluation as had been recommended by the Assessor as well as Respondent’s refusal to provide the additional licensing information which was requested from him by Board staff during the Board’s evaluation process establish that Respondent 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. 66713 for the practice of allopathic medicine in Arizona previously issued to Respondent Jean H. Vincent, M.D. be affirmed and that said license be revoked. Further that, pursuant to A.R.S. § 32-1451(M), Jean H. Vincent, M.D. be charged for the cost of the formal hearing as determined by the Board.
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.
RECOMMENDED this day, February 29, 2024.
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted electronically to:
Patricia E. McSorley, Executive Director
Arizona Medical Board
Jean H. Vincent, MD
P.O. Box 23956
Tempe, AZ 8585
[email redacted]
Elizabeth A. Campbell, Esq.
Office of the Attorney General
Licensing & Enforcement Section
[email redacted]
By: OAH Staff