ALJDEC - Licensing
25A-21329-MDX · Arizona Medical Board · 2025-02-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Linda L. Austin, M.D.,
Holder of License No. 21329 for the Practice of Allopathic Medicine in the State of Arizona.
No. 25A-21329-MDX
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 3, 2025. Record held open until January 27, 2025.
APPEARANCES: Assistant Attorney General Elizabeth Campbell appeared for the Arizona Medical Board. Dr. Austin failed to appear.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Complaint and Notice of Hearing (Not. of Hr’g Pkt.). Board’s Exhibits 1 to 10.
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Medical Board (Board) has the authority to regulate and control the practice of Medicine in the State of Arizona, pursuant to Arizona Revised Statues (A.R.S.) §§ 32-1401, et seq.
Dr. Austin held Board issued license number 21329 for the practice of allopathic medicine in the State of Arizona. Dr. Austin’s license was due to expire on July 28, 2023.
On or about September 21, 2021, Dr. Austin informed Patient ED that she would be retiring. In or around June 2021, Dr. Austin’s assistant notified Patient ED that her medical records were ready for pickup and informed Patient ED that she must pick up her records by June 23, 2021. Patient ED went to the office on or around June 13, 2021, to retrieve her records, but the office was closed. Patient ED contacted Dr. Austin and her assistant about retrieving the records, but she was never provided the records.
On November 1, 2022, the Arizona Board received a complaint from Patient ED, reporting that Dr. Austin had failed to provide medical records after a request from Patient ED.
The Board notified Dr. Austin about the complaint, providing her with an opportunity to provide the records to Patient ED.
On April 10, 2023, Patient ED submitted another complaint because Patient ED had still not received her medical records from Dr. Austin.
On April 10, 2023, the Board notified Dr. Austin that an initial investigation was opened regarding Dr. Austin’s failure to provide Patient ED her medical records.
The Board’s investigator, Rachel Shepherd, requested a response from Dr. Austin in emails dated May 12, 2023, and June 15, 2023.
On July 6, 2023, Patient ED informed Investigator Shepherd that she had yet to receive medical records from Dr. Austin.
The Board continued to request a response from Dr. Austin in emails dated December 7, 2023, and March 6, 2024. Board staff also called Dr. Austin on September 6, 2023, and on December 7, 2023.
The March 6, 2024, communication was also sent to Dr. Austin by certified mail, and she signed for the letter.
The Board sent Dr. Austin a final email on April 22, 2024.
The Board issued a Complaint and Notice of Hearing for the above-entitled matter and hearing on November 15, 2024, setting a hearing for January 3, 2025, at 1:00 PM. The Complaint stated that the above-described conduct violated A.R.S. §§ 12-2293(A), 32-3211(A)(1), 32-1401(27)(e), 32-1401(27)(r), and 32-1401(27)(ee).
In a letter dated December 12, 2024, Dr. Austin explained her side of the story. She stated that Patient ED requested a digital copy of her records, which were sent to her. Patient ED was unable to open her charts electronically because the file was so large, and she requested a physical copy. Dr. Austin’s assistant promised Patient ED a paper copy of her records. Dr. Austin was surprised that the office door was locked when Patient ED arrived at the office because Dr. Austin was there almost every day. Dr. Austin posited that the records should still have been available electronically, but the physical copies would have been shredded.
Dr. Austin explained that she has had serious medical issues, and she did not intend to continue working and allowed her license to expire in 2023. Dr. Austin stated that she did not intend to participate in any meetings or the investigation: “It is what it is.”
At the hearing, no representative appeared for Dr. Austin. Assistant Attorney General Elizabeth Campbell and the Arizona Medical Board’s Investigations Manager, Nicole Samaradellis, appeared for the Board.
Ms. Samaradellis testified in support of the exhibits, the investigation, and the recommendation to revoke Dr. Austin’s license.
CONCLUSIONS OF LAW
This matter lies within the Board’s jurisdiction pursuant to A.R.S. § 32-1451.
Pursuant to A.R.S. § 32-1451.04, the Board has the burden of proof in this matter by clear and convincing evidence. Clear and convincing evidence is that which may persuade that the truth of the contention is highly probable. Clear and convincing evidence is more exacting than the standard of preponderance of the evidence but less exacting than beyond a reasonable doubt.
A.R.S. § 12-2293(A) requires the following:
On the written request of a patient or the patient's health care decision maker for access to or copies of the patient's medical records and payment records, the health care provider in possession of the record shall provide access to or copies of the records to the patient or the patient's health care decision maker
A.R.S. § 32-3211(A)(1) requires the following:
A health professional must prepare a written protocol for the secure storage, transfer and access of the medical records of the health professional's patients. At a minimum the protocol must specify:
1. If the health professional terminates or sells the health professional's practice and the patient's medical records will not remain in the same physical location, [the protocol must specify] the procedure by which the health professional shall notify each patient in a timely manner . . . the future location of the patient's medical records and how the patient can access those records.
Failing or refusing to maintain adequate records on a patient is a violation of A.R.S. § 32-1401(27)(e).
Committing any conduct or practice that is or might be harmful or dangerous to the health of the patient or the public is a violation of A.R.S. § 32-1401(27)(r).
Failing to furnish information in a timely manner to the board or the board’s investigators or representatives if legally requested by the board is a violation of A.R.S. § 32-1401(27)(ee).
The letter provided by Dr. Austin was not sworn testimony, and it carries little evidentiary value. Neither did Patient ED provide sworn testimony regarding whether Dr. Austin provided a digital copy that she was unable to open. While it is plausible that Patient ED had a digital copy of her medical records, Patient ED’s communications with the Board and the circumstances do establish a high likelihood that Dr. Austin failed to provide a copy of Patient ED’s medical records when compared the Dr. Austin’s alternative narrative, provided several years later.
The Arizona Board established each alleged violation by clear and convincing evidence.
Dr. Austin has unquestionably demonstrated that she no longer acknowledges or cares about the regulation of the Arizona Medical Board. Consequently, Dr. Austin’s license should be revoked.
RECOMMENDED ORDER
IT IS RECOMMENDED that Linda L. Austin, M.D. Holder of License No. 21329 be 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, February 18, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Patricia E. McSorley, Executive Director
Arizona Medical Board
Linda L. Austin
[email redacted]
Elizabeth A. Campbell, Esq.
Office of the Attorney General
[email redacted]
[email redacted]
By: OAH Staff