Disciplinary Actions against Barrett J. Day, M.D.
Stephen Barrett, M.D.
In 2007, the Louisiana State Board of Medical Examiners and Barrett J. Day, M.D. signed a consent order under which he agreed to pay a $5,000 fine and serve 3 years probation, during which he would undergo a fitness-to-practice evaluation, take continuing education credits, and have his practice monitored by another physician. The consent order does not indicate what he did wrong, but a 2008 consent agreement with the Arizona Medical Board (shown below) states that he had (a) permitted people who lacked appropriate authorization or licensure to attend, treat, examine and render diagnoses to patients in a medical clinic where he had patient care responsibilities, (b) failed to properly supervise the care of patients whom these people saw, and (c) engaged in a pattern of practice that exposed patients to potential harm from potentially harmful medications and intravenous treatments, such as chelation therapy and Myer's cocktails. In 2009, the Louisiana board summarily suspended Day's license after concluding that he had substance abuse problems, was physically and mentally unfit to practice, and had violated several provisions of its 2007 order. The situation was resolved in 2010 with another consent agreement under which Day's suspension was extended and agreed to pay a $3,000 fine, undergo additional evaluation, take additional CME courses, and serve 5 more years on probation. The suspension was lifted in August 2010.
BEFORE THE ARIZONA MEDICAL BOARD
In the Matter of
BARRETT J. DAY, M.D.
License No. 17995
CONSENT AGREEMENT FOR
By mutual agreement and understanding, between the Arizona Medical Board ("Board") and Barrett J. Day, M.D. ("Respondent"), the parties agreed to the following disposition of this matter.
1. Respondent has read and understands this Consent Agreement and the stipulated Findings of Fact, Conclusions of Law and Order (“Consent Agreement"). Respondent acknowledges he has the right to consult with legal counsel regarding this matter.
2. By entering into this Consent Agreement, Respondent voluntarily relinquishes any rights to a hearing or judicial review in state or federal court on the matters alleged, or to challenge this Consent Agreement in its entirety as issued by the Board, and waives any other cause of action related thereto or arising from said Consent Agreement.
3. This Consent Agreement is not effective until approved by the Board and signed by its Executive Director.
4. The Board may adopt this Consent Agreement or any part thereof. This Consent Agreement, or any part thereof, may be considered in any future disciplinary action against Respondent.
5. This Consent Agreement does not constitute a dismissal or resolution of other matters currently pending before the Board, if any, and does not constitute any waiver, express or implied, of the Board's statutory authority or jurisdiction regarding any other pending or future investigation, action or proceeding. The acceptance of this Consent Agreement does not preclude any other agency, subdivision or officer of this State from instituting other civil or criminal proceedings with respect to the conduct that is the subject of this Consent Agreement.
6. All admissions made by Respondent are solely for final disposition of this ! matter and any subsequent related administrative proceedings or civil litigation involving the Board and Respondent. Therefore, said admissions by Respondent are not intended or made for any other use, such as in the context of another state or federal government regulatory agency proceeding, civil or criminal court proceeding, in the State of Arizona or any other state or federal court.
7. Upon signing this agreement, and returning this document (or a copy thereof) to the Board's Executive Director, Respondent may not revoke the acceptance of the Consent Agreement. Respondent may not make any modifications to the document. Any modifications to this original document are ineffective and void unless mutually approved by the parties.
8. If the Board does not adopt this Consent Agreement, Respondent will not assert as a defense that the Board's consideration of this Consent Agreement constitutes bias, prejudice, prejudgment or other similar defense.
9. This Consent Agreement, once approved and signed, is a public record that will be publicly disseminated as a formal action of the Board and will be reported to the National Practitioner Data Bank and to the Arizona Medical Board's website.
10. If any part of the Consent Agreement is later declared void or otherwise unenforceable, the remainder of the Consent Agreement in its entirety shall remain in force
11. Any violation of this Consent Agreement constitutes unprofessional conduct and may result in disciplinary action. A.R.S. § § 32-1401 (27)(r) (“[v]iolating a formal order, probation, consent agreement or stipulation issued or entered into by the board or its executive director under this chapter") and 32-1451.
12. Respondent has read and understands the condition(s) of probation.
FINDINGS OF FACT
1. The Board is the duly constituted authority for the regulation and control of the practice of allopathic medicine in the State of Arizona.
2. Respondent is the holder of license number 17995 for the practice of allopathic medicine in the State of Arizona.
3. The Board initiated case number MD-07-1041A after receiving a Disciplinary Alert Report from the Louisiana Medical Board (LMB) indicating that Respondent entered into a Consent Order (Order) with LMB that became effective December 16, 2007.
4. The LMB investigation found just cause to support allegations that Respondent allowed individuals, who lacked appropriate authorization and licensure, to attend, treat, examine and render diagnoses to patients in a medical clinic where he had patient care responsibilities. Additionally, the LMB investigation found just cause to support allegations that Respondent did not implement the rules governing complementary and alternative medicine at the clinic and he did not provide appropriate supervision of patients who were seen by unauthorized individuals without the patient's knowledge or consent. Further, the LMB investigation found just cause to support allegations that Respondent's practice pattern exposed patients to potential harm. These practices included the preparation and administration of potentially harmful medications and rendering of intravenous treatments, such as Chelation therapy and Myer's cocktails.
5. Under the LMB Order Respondent was placed on three years probation and was required to undergo a physician examination; to surrender all dispensing physician registration certificates previously issued; to limit his practice to providing medical services only at a Board approved facility, for the duration of his career; to obtain at least fifty hours of Continuing Medical Education in general medicine; and to enroll in a Board approved intensive medical ethics course of at least twelve hours. The Order is incorporated by reference.
CONCLUSIONS OF LAW
1. The Board possesses jurisdiction over the subject matter hereof and over Respondent.
2. The conduct and circumstances described above constitute unprofessional conduct pursuant to A.R.S. §32-1401(27)(o) ("[a]ction that is taken against a doctor of medicine by another licensing or regulatory jurisdiction due to that doctor's mental or physical inability to engage safely in the practice of medicine, the doctor's medial incompetence or for unprofessional conduct as defined by that jurisdiction and that corresponds directly or indirectly to an act of unprofessional conduct prescribed by this paragraph. The action taken may include refusing, denying, revoking or suspending a license by that jurisdiction or a surrendering of a license to that jurisdiction, otherwise limiting, restricting or monitoring a licensee by that jurisdiction or placing a licensee on probation by that jurisdiction."). The corresponding act of unprofessional conduct is in A.R.S. § 32-1401(27)(q) ("[a]ny conduct or practice that is or might be harmful or dangerous to the health of the patient or the public.").
IT IS HEREBY ORDERED THAT:
1. Respondent is issued a Letter of Reprimand for action taken by another state.
2. Respondent is placed on probation for three years with the following terms and conditions:
a. Respondent's probation is to run concurrently with the Louisiana Board Order. Respondent shall comply with all terms of the Louisiana Board Order.
b. Obey All Laws
Respondent shall obey all state, federal and local laws, all rules governing the practice of medicine in Arizona, and remain in full compliance with any court ordered criminal probation, payments and other orders.
3. This Order is the final disposition of case number MD-07-1D41A.
DATED AND EFFECTIVE this 4th day of December, 2008.
ARIZONA MEDICAL BOARD
Lisa S. Wynn
This page was posted on August 23, 2014.