ALJDEC

99F-JT1645-MDX · Board of Medical Examiners · 1998-12-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 9, 1998. APPEARANCES: The Joint Board on the Regulation of Physician Assistants of the State of Arizona (“Joint Board”) was represented by Assistant Attorney General Gordon S. Bueler. Respondent did not appear. Respondent is incarcerated at the Arizona State Penitentiary in Florence. 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 Joint Board is the duly constituted authority for the regulation and control of physician assistants in the State of Arizona. 2. Respondent is the holder of Physician Assistant Certificate No. 1645 for the performance of health care tasks pursuant to a dependent relationship with a physician. 3. On December 13, 1995, Respondent was indicted on one count of First Degree Murder, a Class one Felony, alleging that on or about December 1, 1995, he murdered Dawn Daniels in violation of A.R.S. §§13-1105, 13-603, 13-604(B) and (D), 13-703, and 13-710. 4. On or about March 14, 1997, Respondent was convicted of first degree murder, a felony, after a jury trial. 5. On or about June 2, 1997, Respondent was sentenced to a life term in prison with the possibility of parole after completion of twenty-five years. Respondent was given credit for 546 days he served in jail prior to sentencing. 6. Respondent is currently in the custody of the Arizona Department of Corrections.

CONCLUSIONS OF LAW

1. The Joint Board has the authority to take disciplinary action against a physician assistant found guilty of unprofessional conduct. A.R.S. §32- 2551. 2. The conduct and circumstances described in Findings of Fact No. 3, 4, 5 and 6 above constitute unprofessional conduct as defined in A.R.S. § 32- 2501(13)(j), since renumbered as A.R.S. § 32-2501(18)(j). 3. The conduct and circumstances described in Findings of Fact No. 3, 4, 5 and 6 above constitute unprofessional conduct as defined in A.R.S. §32- 2501(13)(u), since renumbered as A.R.S. § 32-2501(18)(u). 4. The evidence of record is adequate to establish that it would be appropriate for the Joint Board to revoke Physician Assistant Certificate No. 1645 issued to Respondent for the protection of the public health and safety. A.R.S. § 32-2551(H).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Joint Board on the Regulation of Physician Assistants of the State of Arizona revoke Physician Assistant Certificate No. 1645 issued to Respondent. Done this day, December 28, 1998.

_________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Claudia Foutz, Executive Director, Board of Medical Examiners 1651 East Morten, #210 ATTN: Melissa Cornelius, J.D. Phoenix, AZ 85020

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826