Steven Mullins, Executive Director
State Board of Osteopathic Examiners
4848 N. Lincoln Blvd., Ste. 100
Oklahoma City, Oklahoma 73105
Re: Livingston, Case No. 2023-228
Dear Executive Director Mullins:
This office has received your request for a written Attorney General Opinion regarding action that the State Board of Osteopathic Examiners intends to take in Case Number 2023-228.
The Oklahoma Osteopathic Medicine Act authorizes the Board to “suspend or revoke any license issued . . . upon proof that the . . . holder of such a license . . . [h]as engaged in . . . unethical conduct or unprofessional conduct, as determined by the Board, in the performance of the functions or duties of an osteopathic physician[.]” 59 O.S.2021, § 637(A)(2). Further, the Board may also take action when a license holder “[i]s incapable, for medical or psychiatric or any other good cause, or discharging the functions of an osteopathic physician in a manner consistent with the public’s health, safety and welfare[.]” id. § 637(A)(8). Additionally, the Act authorizes the Board to discipline those who are “guilty of habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs.” id. § 637(A)(12).
According to the Board complaint, the Respondent has been subject to multiple complaints and investigations since being licensed in 2004, including an August 2012 investigation revealing the Respondent issued or refilled 6,147 prescriptions for controlled dangerous substances (CDS) within a three-month period while working an average of eleven days per month. These CDS prescriptions were linked to four probable causes of death attributed to drug toxicity, which were compounded by a lack of adequate medical assessments, documentation, and patient education. In response to the earlier complaints, the Board placed the Respondent on a five-year probation in 2013, which included restrictions on prescribing controlled substances and mandated educational courses. Although the Board eased the restrictions in 2017, ultimately lifting them in 2018, the Board continued to receive complaints regarding the Respondent. Complaints escalated from 2021 to 2023, detailing incidents of aggressive behavior, drug use, and improper medical practices, including improper prescription practices and improper delegation of duties to employees. In July 2024, during a personal appearance before the Board, the Respondent admitted to recent cocaine use. The Respondent was terminated from a substance abuse rehabilitation program for failing to arrange a required evaluation.
Following a hearing on September 26, 2024, the Board found that the Respondent had violated the above-mentioned laws by clear and convincing evidence. The Board proposes to suspend the Respondent’s license and order mandatory compliance with several requirements, including entering into an agreement with the Oklahoma Health Practitioner Program for drug use monitoring, undergoing evaluations, maintaining regular communication with the Board, and completing quarterly self-reports. Given the Respondent’s history of unprofessional conduct and substance abuse, as set forth in the Complaint, the Board may reasonably believe the proposed action is necessary to deter future violations.
It is, therefore, the official opinion of the Attorney General that the State Board of Osteopathic Examiners has adequate support for the conclusion that this action advances the State’s policy to protect the public welfare.
Brad Clark
General Counsel
