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BEFORE THE ARIZONA BOARD OF PODIATRY EXAMINERS

In the Matter of

FINDINGS OF FACT,CONCLUSIONS OF LA'W

AND ORDER

George Thompson Docket No.s: 09A-08-41-B -PODAnd

09A-08-48-8-POD(Combined)

Holder of license number 0403For the Practice of PodiatryIn the State of Arizona

On July 8, 2009, this matter came before the Arizona Board of Podiatry

Examiners ("Board") for oral argument and consideration of the Administrative Law Judge

(ALJ) Brian Brendan Tully's proposed Findings of Fact, Conclusions of Law and

Recommended Order. George Thompson, holder of license number 0403 for the practice

of podiatry, ("Respondent"), was notified of the Board's intent to consider this matter on

the aforementioned date at the Board's public meeting. Respondent did not appear,

Assistant Attorney General Keely Verstegen represented the State. Assistant Attorney

General Mary Jo Foster with the Solicitor General's Section of the Attorney General's

The Board, having considered the AU's report and the entire record in this

matter, hereby accepts the Findings of Fact, Conclusions of Law and Recommended

Order as stated in the AU's decision without modification, and Respondent's license is

hereby revoked.

RIGHT TO PETITION FOR REHEARING OR REVIEW

Respondent is hereby notified that he has the right to petition for a rehearing or

review by filing a petition with the Board's Executive Director within thirty (30) days after

service of this Order. A.R.S. § 41-1092.09. The filing of a motion for review or rehearing

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1 is not a prerequisite for filing an appeal in Superior Court. Service of this order is

2 effective five (5) days after date of mailing. If a motion for rehearing is not filed, this Order

3 becomes effective thirty-five (35) days after it is mailed to Respondent.

4 Dated this q If day of _~-=-----:..¥--_

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232425

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O~IG~AL of the fore...Q.Oingfiledthis V/ day of J..{A/wV-

I UBoard of Podiatry Examiners1400 W. Washington St. #230Phoenix, AZ 85007

,2009, with:

COpy j}f the foregoin..91Ued/. ,this4 day of jl~/

Cliff J. Vanell, DirectorOffice of Administrative Hearings1400 W. Washington, Ste. 101Phoenix, AZ 85007

,2009, with:

COPY of the foregoing mailed "'by firstqass and certi~cLm!iI no. [00 ~ 6150 OOf) / 35IiJ}7~this . day of \' &v~,?~, 2009, to:

George ~hompson {)Address of Record

COPY of the foregoi,09:f11ai!,edthis Ci day of (/~/~]/-'---, 2009, to:

~ v (II .J

Keely VerstegenAssistant Attorney GeneralOffice of the Attorney GeneralCIVILES1275 W, WashingtonPhoenix, Arizona 85007

Mary Jo Foster, Assistant Attorney GeneralOffice of the Attorney GeneralEXO/SGO1275 W. WashingtonPhoenix, Arizona 85007

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Ulrnrnru

ell Complete items 1, 2. and 3. Also completeil,fW'..-4if'Restricted Delivery is desired.

1lll''Print your name and address on the reverseso that we can return the card to you.

II Attach this card to the back of the mailpiece.or on the front if space permits.

1. Article Addressed to:

~ ~'rtJ2 1huu-/J611n~ P {J ·6tY- 317 ( I: [ (Jh(€fli)c ( Itz !SIN ~

~ l2~PS Form 3811. February 2004

3. Service Type.••~ertified Mail

D RegisteredD Insured Mail

D Express MailD Return Receipt for MerchandiseDC.O.D.

4. Restricted Delivery? (Extra Fee) DYes

7008 0150 0001 3514 2335Domestic Return Receipt 102595-02-M-1540 i

Office of Administrative Hearings1400 West Washington, Suite 101 - Phoenix, Arizona 85007

Telephone (602)-542-9826 FAX (602)-542-9827Janice K. BrewerGovernor

Cliff VanellDirector

6/18/2009

Sarah Penttinen, Executive DirectorBoard of Podiatry Examiners1400 West Washington, Suite 230Phoenix, AZ 85007

Re: 09A-08-41-B-POD AND 09Aa08-48-B-POD,

In the Matter of:

George Thompson, DPMHolder of License No. 0403For The Practice of Podiatric MedicineIn the State of Arizona.

Dear Ms. Penttinen:

Please find the decision of the Office of Administrative Hearings for the aboveentitled matter. Il

[// f/f ('

anell

Mission Statement: We will contribute to the quality oflife in the State of Arizona by fairly andimpartially hearing the contested matters of our fellow citizens arising out of State regulation.

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IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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3 In the Matter of:

4 George Thompson, D.P.M.

Holder of License No. 04036 For The Practice of Podiatric Medicine

In the State of Arizona.7

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Nos. 09A-08-41-8-POD09A-08-48-8-POD

ADMINISTRATIVE LAW JUDGE

DECISION

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HEARING: May 29, 2009.11

APPEARANCES: The Arizona State Board of Podiatry Examiners was12

represented by Assistant Attorney General Keely Verstegen. George Thompson,13

D.P.M. did not appear.14

ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully15

16Based upon the evidence of record, the Administrative Law Judge makes the

17following Findings of Fact, Conclusions of Law, and Recommended Order:

18FINDINGS OF FACT

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1. The Arizona State Board of Podiatry Examiners ("Board") is the authority for

licensing and regulating the practice of podiatry in the State of Arizona.

George Thompson, D.P.M. ("Respondent') is the holder of License No. 0403 for2.

the practice of podiatry in the State of Arizona. Respondent's license was issued

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by the Board on July S, 1993.

The Board issued a Complaint and Notice of Hearing in Docket Nos. 09A-OS-41-

B-POD and 09A-OS-4S-B-POD alleging unprofessional conduct by Respondent.

The Complaint and Notice of Hearing advised the parties of the time, date and

location of the scheduled consolidated hearing before the Office of

Administrative Hearings, an independent agency.

The Board sent a copy of the Complaint and Notice of Hearing to Respondent at

his address of record with the Board.

4.

Office of Administrative Hearings1400 West Washington, Suite 101

Phoenix, Arizona 85007(602) 542-9826

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5. The commencement of the scheduled consolidated hearing was delayed 15

minutes to allow for the late arrival of Respondent or an attorney authorized to

represent him. After the delay, the Administrative Law Judge conducted the

hearing in Respondent's absence.

09A-08-41-B-POD

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6On August 5, 2008, the Board issued a Subpoena Duces Tecum in Case No. 08-

30-C, which required Respondent to timely produce specified medical records for

patient S.C .. no later than August 25, 2008. The Subpoena Duces Tecum was

sent to Respondent at his address of record with the Board. Board staff verified

that Respondent received the Subpoena Duces Tecum on August 12, 2008.

On September 4, 2008, Board staff received a letter from Respondent which

addressed several ongoing Board matters including Case No. 08-30-C, but

Respondent did not include any response to the Subpoena Duces Tecum or any

indication of his intentions to comply with it.

On October 21, 2008, Board staff sent a certified letter to Respondent advising

him that an Informal Hearing had been scheduled for December 10, 2008 to

review Case No. 08-30-C and address his refusal to comply with the Subpoena

Duces Tecum.

9. Patient S.C.'s medical records were received from Respondent on December 4,

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107.

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148.

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192008.

2009A-08-48-B-POD

219, 2008, Respondent appeared before D~~r,..J

L.:>UClIU+~rIUI10. On July an informal

22interview.

23The Board issued to Respondent Findings of Fact, Conclusions of Law, and

Order in Complaint No. 08-17-B dated July 11, 2008. The Board ordered the

following:

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261. Respondent is issued a Decree of Censure for failure to comply

with subpoenas issued in cases 05-36-C and 06-03-C and failure tocomply with the Board's Order to undergo a psychiatric evaluation.

2. Respondent shall pay a civil penalty of two hundred dollars($200.00) within ninety (90) days of the effective date of this Order.

3. Respondent shall bear all costs incurred regarding compliance withthis Order.

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4. This Order is conclusive evidence of the matters described andmay be considered by the Board in determining an appropriatesanction in the event a subsequent violation occurs. In the eventRespondent violates any term of this Order, the Board may, afteran opportunity for Informal Interview or Formal Hearing, take anyother appropriate disciplinary action authorized by law, includingsuspension or revocation of Respondent's license.

In the Board's Order in Case No. 08-17-B, Respondent was informed of his right

to timely file a petition for rehearing or review of the Order within 35 days from

the date of mailing the Order.

On September 25, 2008, Respondent filed an untimely Appeal & Request for

Hearing in Case Nos. 08-17-B and 05-26-C.

By letter dated October 1, 2008, the Board's Executive Director, Dee Doyle,

informed Respondent, among other things, that he failed to timely submit his

Appeal & Request for Hearing.

Respondent has failed to pay any portion of the above-provided civil penalty.

Respondent's Disciplinary History

Respondent's complete disciplinary history is as follows:

December 11, 2002 - Letter of Concern in case number 02-17 -C forfailure to perform an x-rayon a patient with a possible fracture.

May 19, 2003 - Letter of Concern in case number 03-01-C for failing toinform patient of fees prior to rendering services.

August 31, 2005 - Letter of Concern in (consolidated) case numbersaO-iO-C, 01-13-i, 03-21-C and 03-22-C for "care and treatmentrendered to your patients, the number of debridements performed, andthe manner in which you have billed patients for services rendered."

July 11, 2008 - Decree of Censure in case number 08-17 -B for failureto comply with subpoenas issued by the Board in case numbers 05-36-C and 06-03-C, and for failure to comply with the Board's Order toundergo psychiatric evaluation.

October 8, 2008 - Letter of Concern In case number 05-36-C forrecord keeping and billing irregularities.

October 8, 2008 - Letter of Concern in case number 06-03-C forrecord keeping and billing irregularities.

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17. Respondent's above-described conduct supports a determination that he IS

unregulatable. He has repeatedly violated Board orders.

CONCLUSIONS OF LAW3

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The Board has jurisdiction over Respondent and the subject matter in this case.

Pursuant to A.R.S. § 41-1092.07(G) (1) and A.A.C. R2-19-119(B), the Board has

the burden of proof in this matter. The standard of proof is preponderance of the

evidence. A.A. C. R2-19-119(,A,).

Respondent's conduct and circumstances described in the above Findings of

Fact constitute unprofessional conduct in violation of A.R.S. § 32-S54.01 (17)

(refusing to divulge to the Board on demand the means, method, procedure,

modality of treatment or medicine used in the treatment of a disease, injury,

ailment or infirmity).

4. Respondent's conduct and circumstances described in the above Findings of

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14Fact constitute unprofessional conduct in violation of A.R.S. § 32-S54.01 (21)

15(violating any formal order, probation or stipulation issued by the Board).

16RECOMMENDED ORDER

17Respondent's License No. 0403 shall be revoked on the effective date of the

Order entered in Case Nos. 09A-OS-41-B-POD and 09A-OS-4S-B-POD.18

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20 Done this day, June 16, 200921

22 Brian Brendari TullyAdministrative Law Judge23

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trnal trans . ted by mail this, day of , 2009, to:

Sarah Penttinen, Executive DirectorBoard of Podiatry Examiners1400 West Washington, Suite 230Phoenix, AZ 85007

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