ALJDEC

99F-11405-MDX · Board of Medical Examiners · 2000-05-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Commenced on April 5, 2000, and concluded on April 18, 2000. APPEARANCES: The Arizona Board of Medical Examiners was represented by Assistant Attorney General Michael N. Harrison. The Respondent, Bruce Lavon O’Dell, M.D., did not appear on either hearing dates. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Arizona Board of Medical Examiners (“BOMEX”) is the duly constituted authority for the regulation and control for the practice of allopathic medicine in the State of Arizona, pursuant to A.R.S. § 32-1401, et seq. 2. The Respondent, Bruce L. O’Dell, M.D., is the holder of License No. 17403 issued by BOMEX for the practice of medicine in the State of Arizona. . . . . . . 3. Respondent’s license was issued on January 22, 1988. Respondent’s area of medical specialization is dermatology. 4. On February 18, 2000, Respondent’s License No. 17403 was summarily suspended by BOMEX in an emergency action pending this formal administrative hearing. 5. In the matter of BOMEX Investigation No. 11405, BOMEX, during the course of its public meeting on September 23, 1998, authorized the issuance of an Interim Order to Respondent, pursuant to A.R.S. § 32-1451(C), directing him to comply with the following requirements:

a) Submit to a psycho-sexual evaluation by Dr. Ralph Earl, an Arizona licensed psychologist, within 90 days from the date of the Interim Order. Dr. Earl was directed to provide BOMEX with a written evaluation and report regarding the Respondent. b) Respondent was ordered to undergo psychotherapy with Dr. John Jarvis, M.D. Dr. Jarvis was to submit quarterly reports to BOMEX regarding the diagnosis, prognosis and recommendations for continuing therapy beginning on December 1, 1998. c) BOMEX’s Interim Order provided that it was an interim investigative order and not a final decision regarding the matters under investigation.

The Interim Order was issued by BOMEX based upon information establishing that Respondent made a suicide attempt on or about October 29, 1997, which led to his treatment at Good Samaritan Hospital from that date to November 1, 1997. 6. Respondent failed to comply with the Interim Order by not submitting to psycho-sexual evaluation by Dr. Ralph Earl within the specified time period or at any time thereafter. In his letter of December 8, 1998 to BOMEX, Dr. Jarvis states that Respondent acknowledged that he was informed by BOMEX that he was to see Dr. Earl for an evaluation. 7. On August 10, 1999, Respondent was admitted to Charter Behavioral Health System Desert Vista Hospital (“Desert Vista Hospital”). Dr. Jarvis’ evaluation report dated August 10, 1999 states that Respondent was admitted because he was experiencing depression with suicidal feelings. Dr. Jarvis’ admitting diagnosis for AXIS I was: major depression, recurrent, marked; opiod withdrawal. Respondent was discharged from Desert Vista Hospital on August 16, 1999. Dr. Jarvis recorded a discharge diagnosis for AXIS I of: major depression, recurrent, marked, non-psychotic; opiod dependence; opiod withdrawal. 8. BOMEX has no record of Respondent having continued therapy sessions with Dr. Jarvis after his discharge from Desert Vista Hospital. Furthermore, there is no record of BOMEX having received any reports from Dr. Jarvis after December 8, 1998. As a result of Respondent’s failure to comply with the BOMEX Interim Order, Investigative File No. 13256 was opened by BOMEX for the purposes of initiating possible disciplinary action. 9. In regard to BOMEX Investigative File No. 13434, BOMEX is in receipt of a copy of a criminal indictment issued in the case of State of Arizona v. Bruce O’Dell, and entered in the Superior Court for the County of Navajo, Case No. CR99-761; 77GJ.0486. The criminal indictment was issued on November 30, 1999 by the Navajo County Grand Jury alleging four counts of Child Molestation, a Class 2 felony, and 48 counts of Sexual Assault, a Class 2 felony. 10. A warrant for Respondent’s arrest was issued in the case of State of Arizona v. Bruce O’Dell, Case No. CR99-000761, on December 23, 1999. On or about December 31, 1999, Respondent was arrested. He was subsequently released on a $5,000.00 bond. Respondent failed to appear for a court appearance scheduled for January 10, 2000, before Judge Holliday, Division Two, of the Navajo County Superior Court. On January 11, 2000, Judge Holliday issued an arrest warrant for Respondent due to his failure to appear. Respondent remains a fugitive. There is credible evidence that he has fled the United States of America. 11. As part of BOMEX’s Investigative File No. 13434, law enforcement officials with the Show Low Police Department reported to BOMEX investigative staff that an individual by the name of Jeremy Kerr[1] had reported that Respondent had provided him with steroid injections to facilitate weight gain and were not for any medically appropriate purposes. 12. In August of 1998, Kerr was a student at Mesa Community College. He met the Respondent while both were enrolled in an urban planning class. During that period Kerr was taking protein powders, carb powders and an assortment of other sport supplements. 13. Respondent approached Kerr about the use of steroids to facilitate weight gain. Although he initially rejected Respondent’s offer to give him free steroid injections, Kerr eventually accepted Respondent’s offer. In November of 1998, Respondent administered the first of eight testosterone cypionate, which is a controlled substance, injections to Kerr at his medical office. Respondent gave Kerr the steroid injections over a period of several weeks. 14. Prior to administering the steroid injections, Respondent told Kerr that he had participated in a military study involving master and slave relationships. Respondent convinced Kerr to be his master. 15. During their master/slave relationship, Respondent expressed a desire to consume Kerr’s urine in order to obtain purported nutrients from Kerr. Kerr provided his urine to Respondent on four or five occasions and observed Respondent consume the urine. 16. Kerr subsequently discovered that another friend of his, named Mike, was in a similar master/slave relationship. When the two men attempted to discuss the matter with their instructor at Maricopa Community College, they were rebuffed because Respondent was a physician. 17. The investigation performed by the Show Low Police Department reveals that Respondent has had a pattern of similar master/slave relationships dating to the 1970s. Respondent is found to have been historically persuasive in convincing his “masters” that his physical and emotional well-being depended upon such relationships requiring purported nutrients obtained from his “masters” skin salt, urine and semen.

CONCLUSIONS OF LAW

1. BOMEX possesses jurisdiction of the subject matter hereof and over Respondent, pursuant to A.R.S. § 32-1401, et seq. 2. The conduct and circumstances described in the above-provided Findings of Fact are adequate to establish that Respondent has engaged in conduct constituting unprofessional conduct as defined at:

a) A.R.S. § 32-1401(25)(r): violating a formal order, probation, consent agreement or stipulation issued or entered into by the Board or its Executive Director under the provisions of this Chapter. b) A.R.S. § 32-1401(25)(d): committing a felony, whether or not involving moral turpitude or a misdemeanor involving moral turpitude. In either case, conviction by any court of competent jurisdiction or plea of no contest is conclusive evidence of the commission. c) A.R.S. § 32-1401(25)(q): the conduct or practice which is or might be harmful or dangerous to the health of the patient or the public. d) A.R.S. § 32-1401(25)(a): violating any federal or state laws or rules and regulations applicable to the practice of medicine.

3. The evidence of record is adequate to establish that Respondent above- described unprofessional conduct posses a threat to the public health, safety and welfare. Respondent’s unprofessional conduct warrants the revocation of his medical license. 4. BOMEX should exercise its discretionary power to charge Respondent of the formal hearing in this matter, pursuant to A.R.S. § 32-1451(H).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s License No. 17403 for the practice of medicine in the State of Arizona be revoked. It is further recommended that Respondent be assessed the cost of the formal hearing in this matter. Done this day, May 8, 2000.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Board of Medical Examiners Claudia Foutz, Executive Director ATTN: Gail Milner, R.N. 1651 East Morten, Suite 210 Phoenix, AZ 85020

By ___________________________

----------------------- [1] Mr. Kerr consented to the use of his full name rather than the initials of his name. He was not a minor at any time during his relationship with the Respondent.

-----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826