Disciplinary Actions against John H. Hicks, III, M.D.

Stephen Barrett, M.D.


John Howell Hicks, III, M.D., who now practices in Los Gatos, California, has been disciplined by five medical licensing boards. In 2005, when he practiced in Wisconsin, the state's licensing board received an informal complaint that he had failed to disclose to a minor patient's parents, prior to a scheduled appointment, that he employed a "medical intuitive." Hicks told the board that the woman could "read energy fields" and had expertise with nutritional supplements, but that he used his own judgment in treating patients but compared his his conclusions to those of the medical intuitive for additional ideas. In 2008, as shown below, the complaint was settled with a stipulation under which Hicks agreed to pay $1,800 to cover the proceedings and was required to provide in advance the following statement in writing:

Notice to Patients: Dr. John H. Hicks III, M.D. routinely utilizes the services of a "medical intuitive" when assessing patients. There is no scientific research to support the validity of the medical intuitive's contribution to your care. If you would prefer that the medical intuitive not be involved in your care, you have a right to inform Dr. Hicks and he will treat you without the involvement of the medical intuitive.

At the time the Wisconsin order became final, Hicks was also licensed in Michigan, Florida, and Pennsylvania. In 2009, the Michigan Board of Medicine ordered him to pay a $500 fine and refrain from using a medical intuitive if he practiced in Michigan. Later that year, the Pennsylvania State Board of Medicine (a) assessed a $250 civil penalty for failing to report the other board actions within 90 days as required by Pennsylvania regulations and (b) banned the use of a "medical intuitive" if he were to practice in Pennsylvania. In 2010, the Florida Medical Board fined Hicks $2,000 plus costs for failing to report the Wisconsin and Michigan actions within 30 days as required by Florida Law. In 2012, after Hicks had applied for a license to practice in California, the state's medical board issued a public letter of reprimand but issued a license anyway.


STATE OF WISCONSIN
BEFORE THE MEDICAL EXAMINING BOARD

IN THE MATTER OF THE LICENSE OF

JOHN H. HICKS, III, M.D.

FINAL DECISION AND ORDER

Case #LS0807163MED

Division of Enforcement Case # 05 MED 269

The parties to this proceeding for purposes of Wis. Stat. § 227.53 are: John H. Hicks III, M.D.
5411 State Road 50
Delevan, WI 53115

Wisconsin Medical Examining Board 1400 East Washington Ave.
P.O. Box 8935
Madison, WI 53708-8935

Department of Regulation and Licensing Division of Enforcement
1400 East Washington Ave.
P.O. Box 8935
Madison, WI 53708-8935

PROCEDURAL HISTORY

The parties in this matter agree to the terms and conditions of the attached Stipulation as the final decision of this matter, subject to the approval of the Medical Examining Board ("Board"). The Board has reviewed the attached Stipulation and considers it acceptable.

Accordingly, the Board in this mater adopts the attached Stipulation and makes the following:

FINDINGS OF FACT

1. John H. Hicks III, M.D., (DOB 12/14/1948) is duly licensed as a physician in the state of Wisconsin (license #20- 45138). This license was first granted on November 15, 2002.

2. Dr. Hicks' most recent address on file with the Wisconsin Medical Examining Board is 5411 State Road 50, Delevan, Wisconsin, 53115.

3. At all times relevant to this action, Dr. Hicks was working as a physician in Delevan, Wisconsin.

4. An informal complaint received by the Medical Examining Board alleges that Dr. Hicks failed to disclose to a minor patient's parents, prior to a scheduled appointment for the minor, that he employs a "medical intuitive."

5. Dr. Hicks states that the medical intuitive is a woman who can read energy fields, and who has expertise with nutritional supplements.

6. Dr. Hicks states that he uses his own medical judgment in treating his patients, but compares his conclusions to those of the medical intuitive for additional ideas.

CONCLUSIONS OF LAW

1. The Wisconsin Medical Examining Board has jurisdiction to act in this matter, pursuant to Wis. Stat. § 448.02, and is authorized to enter into the attached Stipulation and Order, pursuant to Wis. Stat. § 227.44(5).

ORDER

IT IS ORDERED:

1. John H. Hicks III, M.D., shall provide the following notice, in writing, to all patients and their parents or guardians prior to any appointment and prior to the patient or parent/guardian incurring any financial obligation or travel costs relating to the appointment:

Notice to Patients: Dr. John H. Hicks III, M.D. routinely utilizes the services of a "medical intuitive" when assessing patients. There is no scientific research to support the validity of the medical intuitive's contribution to your care. If you would prefer that the medical intuitive not be involved in your care, you have a right to inform Dr. Hicks and he will treat you without the involvement of the medical intuitive.

2. A copy of the Notice to Patients described in paragraph 1 of this Order must be signed by all patients and kept in all patient records.

3. The Notice to Patients described in paragraph 1 of this Order must be included on the home page of Dr. Hicks' website.

4. John H. Hicks III, M.D. shall, within ninety (90) days from the date of this Order, pay costs of this proceeding in the amount of One Thousand, Eight Hundred Dollars ($1,800.00). Payment shall be made payable to the Wisconsin Department of Regulation and Licensing, and mailed to:

Department Monitor Division of Enforcement
Department of Regulation and Licensing
P.O. Box 8935 Madison, WI 53708-8935]

5. In the event that Dr. Hicks fails to timely pay costs as ordered or fails to comply with the ordered notice requirements, John H. Hicks III, M.D.'s license (#20-45138) SHALL BE SUSPENDED, without further notice or hearing, until Dr. Hicks has complied with the terms of this Order. The Board or its designee will remove the suspension, if provided with sufficient information that Dr. Hicks is in compliance with the Order and that it is inappropriate for the suspension to remain in effect. The Board in its discretion may impose additional conditions and limitations for a violation of any of the terms of this Order.

6. John H. Hicks III, M.D. is responsible for compliance with all of the terms and conditions of this Final Decision and Order.

7. This Order is effective on the date of its signing.

Medical Examining Board

By:

Gene Musser MD

7/16/08

 

A Member of the Board

Date

Division of Enforcement Case # 05 MED 269

1. John H. Hicks III, M.D., personally on his own behalf; and Jeanette Lytle, Attorney for the Department of Regulation and Licensing, Division of Enforcement, stipulate:

2. This Stipulation is entered into as a result of an informal complaint against John H. Hicks III, M.D., received by the Division of Enforcement (case # 05 MED 269). John H. Hicks III, M.D., consents to the resolution of this investigation by stipulation.

3. John H. Hicks III, M.D., understands that by signing this Stipulation he voluntarily and knowingly waives his rights, including: the right to a hearing on the allegations against him, at which time the state has the burden of proving those allegations by a preponderance of the evidence, the right to confront and cross-examine the witnesses against him, the right to call witnesses on his behalf and to compel their attendance by subpoena, the right to testify himself, the right to file objections to any proposed decision and to present briefs or oral arguments to the officials who are to render the final decision, the right to petition for rehearing, the right to judicial review, and all other applicable rights afforded to him under the United States Constitution, the Wisconsin Constitution, the Wisconsin Statutes, the Wisconsin Administrative Code, and any other provisions of state or federal law.

4. John H. Hicks III, M.D., has been provided an opportunity to obtain the advice of legal counsel prior to signing this Stipulation.

5. John H. Hicks III, M.D. agrees to the adoption of the attached Final Decision and Order by the Medical Examining Board. The parties to the Stipulation consent to the entry of the attached Final Decision and Order without further notice, pleading, appearance or consent of the parties. Respondent waives all rights to any appeal of the Board's Order, if adopted in the form attached.

6. If the terms of this Stipulation are not acceptable to the Board, the parties shall not be bound by the contents of this Stipulation, and the matter shall be retuned to the Division of Enforcement for further proceedings. In the event that this Stipulation is not accepted by the Board, the parties agree not to contend that the Board has been prejudiced or biased in any manner by consideration of this attempted resolution.

7. The parties to this Stipulation agree that the attorney or other agent for the Division of Enforcement and the member of the Medical Examining Board assigned as an advisor in this investigation may appear before the Board in open or closed session, without the presence of John H. Hicks III, M.D. or his attorney, for purposes of speaking in support of this agreement and answering questions that any member of the Board may have in connection with the Board's deliberations on the Stipulation.

8. The Division of Enforcement joins Respondent in recommending the Board adopt this Stipulation and issue the attached Final Decision and Order.

__________________________
John H. Hicks III, M.D.
5411 State Road 50
Delevan, WI 53115

__________________________
Jeanette Lytle, Attorney
Division of Enforcement
Department of Regulation and Licensing
P.O. Box 8935
Madison, WI 53708-8935

This page was posted on May 2, 2015.

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