Disciplinary Action against
Courtney Ridley, M.D.
Stephen Barrett, M.D.
In November 2007, the Texas Medical Board and Courtney Ridley, M.D. entered into an Agreed Order (shown below) requiring that:
- She must pay a $5,000 administrative penalty.
- Her practice must be monitored by another physician for two years.
- She may provide chelation therapy only FDA-approved purposes.
- She must obtain 20 hours of continuing medical education, with half of the hours in endocrine disorders and the rest in medical record-keeping.
The action was based on Ridley’s provision of hormone therapy and chelation therapy without adequate documentation.
LICENSE NO. L-1983
IN THE MATTER OF THE LICENSE OF
COURTNEY PAIGE RIDLEY, M.D.
BEFORE THE TEXAS MEDICAL BOARD ..
On the 30th day of November, 2007, came on to be heard before the Texas Medical Board (the "Board"), duly in session, the matter of the license of Courtney Paige Ridley, M.D. ("Respondent").
On August 20, 2007, Respondent appeared in person without counsel, at an Informal Show Compliance Proceeding and Settlement Conference in response to a letter of invitation from the staff of the Board. The Board's representative was Melinda McMichael, M.D., a member of the Board. Scott M. Freshour represented Board staff .
Upon the recommendation of the Board's representatives and with the consent of Respondent, the Board makes the following Findings of Fact and Conclusions of Law and enters this Agreed Order.
FINDINGS OF FACT
The Board finds that:
1. Respondent received all notice required by law. All jurisdictional requirements have been satisfied. Respondent waives any defect in notice and any further right to notice or hearing under the Medical Practice Act, Title 3, Subtitle B, Texas Occupations Code (the "Act") or the Rules of the Board.
2. Respondent currently holds Texas Medical License No. L-1983. Respondent was originally issued this license to practice medicine in Texas on May 18, 2001. Respondent is . not licensed to practice in any other state.
3. Respondent is primarily engaged in the practice of gynecology. Respondent is board certified in this specialty by the American Board of Obstetrics/Gynecology, a member of the American Board of Medical Specialties.
4. Respondent is 50 years of age.
5. Respondent has not previously been the subject of disciplinary action by the Board.
6. Respondent provided chelation therapy to one patient without maintaining adequate medical records to support the therapy.
7. Respondent provided hormone therapies to two patients without adequate medical records.
8. Respondent acknowledged that the medical records at issue could use improvement.
9. Respondent has cooperated in the investigation of the allegations related to this Agreed Order. Respondent's cooperation, through consent to this Agreed Order, pursuant to the provisions of Section 1 64.002 the Act, will save money and resources for the State of Texas. To avoid further investigation, hearings, and the expense and inconvenience of litigation, Respondent agrees to the entry of this Agreed Order and to comply with its terms and conditions.
CONCLUSIONS OF LAW
Based on the above Findings of Fact, the Board concludes that:
1. The Board has jurisdiction over the subject matter and Respondent pursuant to the Act.
2. Section 164.051(a)(3) of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent's violation of a Board rule; to wit, Board Rule 165, failing to maintain adequate medical records.
3. Section 164.051(a)(6) of the Act, as defined by Board Rule 190.8(A) authorizes the Board to take disciplinary action against Respondent based on Respondent's lack of diligence in one's practice.
4. Section 164.001 of the Act authorizes the Board to impose a range of disciplinary actions against a person for violation of the Act or a Board rule. Section 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order.
5. Section 164.002(d) of the Act provides that this Agreed Order is a settlement agreement under the Texas Rules of Evidence for purposes of civil litigation.
Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that Respondent shall be subject to the following terms and conditions:
1. For two years from the date of the entry of this Order, Respondent's practice shall be monitored by a physician ("monitor"), in accordance with §164.001(b)(7) of the Act. The Compliance Division· of the Board shall designate the monitor and may change the monitor at any time for any reason. The monitor shall have expertise in a similar specialty area as Respondent. The Compliance Division shall provide a copy of this Order to the monitor, together with other information necessary to assist the monitor.
a. As requested by the Compliance Division, Respondent shall prepare and provide complete legible copies of selected patient medical and billing records ("selected records"). The Compliance Division shall select records for at least 30 patients seen by Respondent during each three-month period following the last day of the month of entry of this Order (''reporting period"). The Compliance Division may select records for more than 30 patients, up to ten percent of the patients seen during a reporting period. If Respondent fails to see at least 30 . patients during any three-month period, the term of this Order shall be extended until Respondent can submit a sufficient number of records for a monitor to review.
b. The monitor shall perform the following duties:
1) Personally review the selected records;
2) Prepare written reports· documenting any perceived deficiencies and any recommendations to improve Respondent's practice of medicine or assist in the ongoing monitoring process. Reports shall be submitted as requested by the Compliance Division; and
3) Perform any other duty that the Compliance Division determines will assist the effective monitoring of Respondent's practice.
c. The Compliance Division shall provide to Respondent a copy of any deficiencies or recommendations submitted by the monitor. Respondent shall implement· the recommendations as directed by the Compliance Division.
d. The monitor shall be the agent of the Board, but shall be compensated by the Respondent, at the usual and customary fee rate, through the Board. Such compensation and any costs incurred by the monitor shall be paid by Respondent to the Board and remitted· by the Board to the monitor. Respondent shall not charge the compensation and costs paid to the monitor to any patients.
2. Respondent shall provide chelation therapy only for FDA approved purposes, specifically, lead chelation.
3. Respondent shall obtain ten hours of Category I, Continuing Medical Education ("CME") in the area of endocrinology, and ten hours of medical record keeping within 180 days of the entry of the Order. Respondent shall deliver documentation of attendance and successful completion of this requirement for these hours to the Director of Enforcement for the Board. These hours can be done through online courses. These hours are in addition to the annual CME requirements.
4. Respondent shall pay an administrative penalty in the amount of $5,000. The administrative penalty shall be paid in a in ten equal payments of $500 by payment by cashier's check or money order payable to the Texas Medical Board and shall be submitted to the Director of Enforcement for the Board for routing so as to be remitted to Comptroller of Texas for deposit in the general revenue fund. The payments will be due as follows;
a. 1st payment will be due on or before the 15th day of December 2007;
e. the subsequent payments will be due on or before the 15th day of each month for the next nine months beginning in January 2008.
Respondent's failure to pay the administrative penalty as ordered shall constitute grounds for further disciplinary action by the Board, and may result in a referral by the Executive Director of the Board for collection by the Office of Attorney General.
5. The time period of this Order shall be extended for any period of time that (a) Respondent subsequently resides or practices outside the State of Texas, (b) Respondent's license is subsequently canceled for nonpayment of licensure fees, or (c) this Order is stayed or enjoined by Court Order. If Respondent. leaves Texas to live or practice elsewhere, Respondent· shall immediately notify the Board in writing of the dates of Respondent's departure from and subsequent return to Texas. When the period of extension ends, Respondent shall be required to comply with the terms of this Order for the period of time remaining on the extended Order. Respondent shall pay all fees for reinstatement or renewal of a license covering the period of extension.
6. Respondent shall comply with all the provisions of the Act and other statutes regulating the Respondent's practice.
7. Respondent shall fully cooperate with the Board and the Board staff, including Board attorneys, investigators, compliance officers, consultants, and other employees or agents of the Board in any way involved in investigation, review, or monitoring associated with Respondent's compliance with this Order. Failure to fully cooperate shall constitute a violation of this order and a basis for disciplinary action against Respondent pursuant to the Act.
8. Respondent shall· inform the Board in writing of any change of Respondent's mailing or practice address within 10 days of the address change. This information shall be submitted to the Permits Department and the Director of Enforcement for the Board. Failure to provide such information in a. timely manner shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act.
9. Any violation of the terms, conditions, or requirements of this Order by Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, or to injure the public, and shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act. Respondent agrees that 10 days notice of a Probationer. Show Compliance Proceeding to address any allegation of non-compliance of this. Agreed Order is adequate and reasonable notice prior to the initiation of formal disciplinary action. Respondent waives the 30-day notice requirement provided by § 164.003(b )(2) of the Medical Practice Act and agrees to 10 days notice, as provided in 22 Texas Administrative Code §187.44(4).
10. Respondent shall be permitted to supervise and delegate prescriptive authority to physician assistants and advanced practice nurses and to supervise surgical assistants.
11. The above-referenced conditions shall continue in full force and effect without opportunity for amendment, except for clear error in drafting, for 12 months following entry of this Order. If, after the passage of the 12-month period, Respondent wishes to seek amendment or termination of these conditions, Respondent may petition the Board in writing. The Board may inquire into the request and may, in its sole discretion, grant or deny the petition. without . further appeal or review. Petitions for modifying or terminating may be filed only once a year thereafter.
RESPONDENT WAVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD TO ALL TERMS AND CONDITIONS OF THIS AGREED ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER.
THIS ORDER IS A PUBLIC RECORD.
I, COURTNEY PAIGE RIDLEY, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS.NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE.
DATED: September 25, 2007.
COURTNEY PAIGE RlDLEY, M.D.
SIGNED AND ENTERED by the presiding officer of the Texas Medical Board on this 30th day of November, 2007.
Robrta M. Kalafut, D.O., President
Texas Medical Board
This page was posted on February 12, 2008.