2NEWS investigates: Checking up on disciplined doctors

TULSA - You trust your doctor with your health and, at times, your life. Now there is a way to give your doctor's record a checkup.

2NEWS Anchor Karen Larsen tracked down some of the state's disciplined medical doctors at a recent meeting of the Oklahoma State Board of Medical Licensure and Supervision.

On the agenda for its Sept. 13, 2012 meeting, the Oklahoma State Board of Medical Licensure planned to consider applications for licensure from five doctors. Disciplinary matters, including probation review, motions and disciplinary hearings, were set for seven more Oklahoma physicians.

"This is an open meeting, a public meeting so you are certainly welcome to be present," said Lyle Kelsey, executive director of the Board of Medical Licensure.

Kelsey said the board, charged with overseeing medical doctors, is made up of seven physicians and two community members.  This board gives physicians their license to practice and can take it away.

Disciplinary hearings are run like a court of law and witnesses are under oath.  Because patient safety is the primary concern, Kelsey says the agency conducts careful interviews when a patient calls, mails or emails a complaint.

So far this year, the state has investigated 371 public complaints against medical doctors. Of the 10,068 doctors licensed in Oklahoma, records show 224 physicians have disciplinary action taken against them.

Specially trained investigators, who have medical or law enforcement experience, conduct onsite conversations with the doctor. In addition, the inspectors may examine medical records, prescription records and interview witnesses.  

"We must have clear and convincing evidence," Kelsey said. "In the majority of the cases, the doctor will stipulate to those facts that, 'Yes, I did those things'."

During the disciplinary hearings, which are similar to court hearings, doctors must answer questions put to them by an assistant state attorney general and board members. The doctors also can offer evidence to support their position.

If there is clear and convincing evidence to support the complaint, the State Board of Medical Licensure has nine different levels of disciplinary action it can invoke upon a disciplined doctor. Punishment includes community service, fines, reprimands and probation to license revocation for up to a year. Permanent license revocation is the harshest penalty.

"This is literally their practice on the line," Kelsey said.

Gregory Keith Morton III, an obstetrician-gynecologist from Lawton, faced a disciplinary hearing based on two complaints filed in 2011 by patients who allege Morton behaved inappropriately. The board also considered nine other complaints filed against Morton since 1995.

In one of the 2011 complaints, an anonymous patient reported Morton "inappropriately touched her breasts, patted her bottom, looked down her shirt, and put his hands down her shirt."  

In the other 2011 complaint, Gayla Janke, a registered nurse, state board inspector and investigator, testified that a second patient complained that "Dr. Morton had made a sexual gesture by fondling his private part and looking a woman up and down."

Janke said that when she confronted Dr. Morton about the allegations, "he denied each and every allegation."

Yet when he was called to testify, Morton admitted the inappropriate conduct. During questioning by Randy Sullivan, assistant attorney general, Morton offered a tearful apology.

"I have made mistakes and I am sorry for them," he said. "And I am sorry that I am here before you all. And I deeply apologize." Morton admitted that "back when I was doing it, I was not aware of it. After I went to therapy and got help, I understood that that behavior was inappropriate."

"So, you would say that those complaints are justified?" Deborah Huff, board president asked.

"Yes," Morton replied.

After hearing evidence on the 11 complaints, the board met in executive session and then reconvened to issue its decision.

"In the matter regarding Gregory Keith Morton, I move, based on any and all of the findings, to revoke the medical license of Gregory Morton, MD.," a board member moved.

The board found that although Morton's license is revoked, the revocation is not permanent and he can apply to have his license reinstated.

The board heard a second case involving a general physician who formerly practiced in Stroud. In 2009, the state board placed Mars Baldoza Gonzaga on indefinite probation for repeatedly overprescribing narcotics to a patient. Records indicate the board prohibited Gonzaga from prescribing controlled narcotics.

Gonzaga testified, "I have been searching for jobs for the past nine months."

2NEWS went to Oklahoma City to review Gonzaga's file at the Oklahoma State Board of Medical Licensure and Supervision. Because the board maintains public records, physician files are open for viewing upon request.

State records show Gonzaga wrote or authorized 92 prescriptions for controlled dangerous drugs to one patient between Jan.

9, 2004 and Nov. 7, 2005. Despite warnings from a colleague of the patient that he "was addicted to medications…" that were "affecting the patient's personality and his work", the records indicate "only after receiving a Board subpoena for the patient chart... did the Defendant (Gonzaga) stop prescribing controlled dangerous substances to the patient."

In March of 2007, the Board of Medical Licensure issued a public reprimand and ordered Gonzaga to complete a course on addiction.

In 2009, a new allegation of prescribing violations and incompetence prompted state investigators to review Gonzaga's records and practice.  Board documents indicate pharmacy records and the patient chart revealed "that from January 2, 2007 until June 11, 2009, Defendant wrote or authorized 167 prescriptions for controlled dangerous drugs" to a patient. Other records reveal the Board found Gonzaga guilty of unprofessional conduct in that he "failed to maintain an office record for each patient" and was "unable to practice medicine with reasonable skill and safety."

After three years spent updating his education, Gonzaga testified he is ready to treat patients again. "I have been in full compliance with the order of the medical board," Gonzaga said. "I am therefore asking the board for consideration to fully restore my medical license without probation. So, I can get a meaningful job to support my family."

After discussion, the board also voted to restore Gonzaga's license to practice medicine with the right to obtain the permits he needs to prescribe controlled medications. The roll call of votes, and the second chance at a medical career, had Gonzaga's wife weeping tears of relief.  

"The bottom line is that they are practicing safe medicine," Kelsey said. "That it's safe for the patient."

To ensure patient safety, Kelsey said the Oklahoma State Board of Medical Licensure can order competency exams, mental evaluations, drug tests, counseling and polygraphs.   

A compliance officer from the agency tracks each doctor to ensure they are following the strict requirements imposed by the board.

"You come to our weekly meetings, you do drug testing," said Merlin Kilbury. "You go to 12-step recovery meetings."

Kilbury, a surgeon and emergency medicine physician and an admitted former substance abuser with decades of sobriety, helps run the Oklahoma State Medical Association's recovery program that helps doctors get their lives, and practices, back on track.

"I think we are probably in the range of 90-percent, two-year and 80-percent, five-year rate of sobriety in the people we monitor," Kilbury told 2NEWS.

In his support role, Kilbury testified on behalf of David Ray Mitchell, the Tulsa psychiatrist seeking to have his five-year probation lifted early.

"David has been an exemplary physician in recovery since he started," Kilbury told the board. "And he has picked this up and done it more and more as he has gone along."

"I had an affair with a previous patient, caused a lot of damage," Mitchell told the board.

Records indicate Mitchell admitted he had an affair with a patient he met while practicing at Laureate Psychiatric Hospital. Both were married and conducted their affair "in his office at Laureate, at hotels, in his car" before the patient later became distraught and "seriously cut herself." She ended up in the hospital for psychiatric care.

Official board orders stated Mitchell's license was suspended in June 2008 for six months. The state ordered the doctor to be placed on five-years probation and restricted to practicing solely in Oklahoma's prison system.

With the end of the probationary period scheduled for December 2013, Mitchell told board members he was recently invited to apply for a new job in Miami, closer to his family.

Board members immediately sought clarification regarding the circumstances surrounding Mitchell's case.

"The event that led to your suspension, was it an individual event? Were there other events? Were you having issues with boundaries?" board members asked.

Mitchell replied, "It was a singular event."

Frequently, the board will go into executive session to discuss the details of the case in private. Following the discussion, the board resumes the public meeting and votes on each motion.

In light of Mitchell's adherence to the board's monitoring and testing, members agreed to end his parole early.

"Thank you," Mitchell said gratefully. "Thank you very much."

The Oklahoma State Medical Board staff encourages all Oklahomans to research their doctors. Kelsey said his agency's goal is a solid standard of care for all Oklahomans. By keeping the licensing process open and transparent, residents can easily check up on their own doctors.

"What we are trying to encourage, most of all," Kelsey said, "Is more dialog between the patient and the physician."

In addition, patients should expect the following from their physician:

• Proper and thorough examinations
• Clear explanation of benefits, risks and potential outcomes