Naturopath Lightly Disciplined for Killing Patient
Stephen Barrett, M.D.
In 2006, the Oregon Board of Naturopathic Examiners issued an emergency suspension of the license of Donald McBride, Jr., after concluding that in 2003, he had killed 53-year-old Sandy Boylan with chelation therapy. The suspension order noted that he had also prescribed drugs that were not listed on the approved Naturopathic Formulary to 13 other patients. The case was settled with a consent order under which McBride was ordered to pay penalties of $5,000 (the legal maximum) for negligence and $250 for each of the off-formulary prescriptions. He also was ordered to comply with various monitoring provisions and barred from doing chelation therapy for three years. In 2007, a suit by the patient's husband was settled out-of-court with payment of an undisclosed sum. A newspaper report about the settlement noted that Boylan had consulted McBride for aches and pains that McBride attributed to dangerously high levels of mercury, lead, cadmium, and nickel. The false diagnosis of heavy metal toxicity is a common prelude to chelation therapy.
BOARD OF NATUROPATHIC EXAMINERS
STATE OF OREGON
In the Matter of the License of:
Agency Case No. N05-11-13
SETTLEMENT AGREEMENT AND CONSENT ORDER
The Board of Naturopathic Examiners (Board) is the state agency responsible for licensing, regulating and disciplining naturopathic physicians in the State of Oregon. Donald D. McBride, Jr., N.D. (Licensee) is a licensed naturopathic physician currently practicing in Salem, Oregon, and is subject to the jurisdiction of the Board.
The Board issued an Emergency License Suspension Order and Notice of Opportunity for Hearing (Order) on May 10, 2006. Also on May 10, 2006, the Board issued a Notice of Intent to Discipline and Right to a Hearing (Notice), which proposed to revoke Licensee's license to practice naturopathic medicine in Oregon. The Notice and Order are incorporated into this Consent Order by reference. On May 18, 2006, Licensee requested an extension of time in which to submit answers and requests for hearing in the hope that the parties would reach an informal resolution. The Board granted an extension until June 10, 2006. This Settlement Agreement and Consent Order is the final resolution of these proceedings, including the right to any hearing, appeal, or judicial review.
The Board and Licensee agree to resolve these matters informally on the following terms:
1. Licensee and the Board stipulate to the following findings of fact and conclusions of law:
a. Licensee violated ORS 685.110(8), (13) and (15) because he was medically negligent in performing a chelation procedure on patient S.B. on August 13, 2003. The patient died as a result
b. Licensee violated ORS (i85.] J 0(10), (25) and OAR 850-050-0J 90(12) by prescribing substances that were not 011 the approved Naturopathic Formulary in OAR 850-060-0225 for various patients on 13 occasions between January 16, 2004 and April 3, 2006.
c. Licensee violated ORS 685.110(8), (10) and (12) by prescribing dangerously excessive amounts of acetaminophen CAP AP) in combination with hydrocodone for patient F.D. from July 23, 2005 through March 7, 2006.
2. The Board finds emergency suspension and revocation of Licensee's License No. 1049 are appropriate remedies for the foregoing violations. The Board and Licensee stipulate to termination of the emergency suspension and a stay of the revocation for a period of five years subject to the terms of this Consent Order.
3. Licensee agrees that the Board does 110t waive the right to sanction him for any violations that have occurred prior to execution of this Consent Order, which are not resolved by this Consent Order. Further, Licensee agrees that the Board may consider the violations resolved by this Consent Order in determining any appropriate sanctions for violations of ORS Chapter 685, or OAR Chapter 850 that occurred prior to the execution of this Consent Order by the Licensee.
4. Licensee agrees to pay civil penalties totaling $8,250. Failure to comply with the terms of any payment arrangement made with the Board shall be a violation of this Consent Order.
5. Licensee waives all rights to a contested case hearing, judicial review or any appeal in this matter.
6. The Board acknowledges that this Consent Order resolves all issues alleged in the Order and Notice and that the Board will take no further disciplinary action based upon any of the facts alleged in the Order and Notice.
7. The parties acknowledge that this Consent Order is a public document.
The Board issues the following final order:
8. The emergency SUSPENSION of Licensee's license to practice naturopathic medicine (No.1049) is HEREBY TERMINATED.
9. REVOCATION of Licensee's license lo practice naturopathic medicine (No. ] (49) is HEREBY STAYED for a period of five years, beginning the elate this Consent Order is signed by the Board, subject to the terms of probation listed below in paragraphs 9.1 through 9.8. If Licensee commits any violation of ORS Chapter 685, OAR Chapter 850, or a term of this Settlement Agreement and Consent Order during the stay, the Board may terminate the stay and revoke Licensee's license, without providing Licensee the opportunity for bearing or appeal on the merits of revocation as a disciplinary action.
9.1. Licensee shall not prescribe an opioid of any kind for a period of one (1) year from the date this Consent Order is signed by the Board.
9.2. Licensee shall not order nor administer any form of intravenous (IV) treatment or therapy for a period of three years from the date this Consent Order is signed by the Board.
9.3. Licensee shall pay civil penalties totaling $8,250. This includes a $5,000 maximum civil penalty for medical negligence in the administration of chelation therapy to patient S.B., and civil penalties of $3,250, based on $250 per violation, for 13 off-formulary prescriptions. The civil penalties are due and payable within 90 days from the elate the Board signs this Consent Order.
9.4. Licensee shall immediately begin using pre-numbered triplicate prescription pads. Licensee shall submit one copy of every prescription that be writes to the Board on a bi-monthly basis for a period of three years from the elate the Board signs this Consent Order. Licensee shall use the prescriptions in their numeric order, and in the event any prescription is not used, Licensee shall mark all three copies void and submit. them to the Board on a bi-monthly basis. The second copy to the triplicate set shall be maintained in the file of the patient for whom the prescription was written. Licensee shall also submit a complete and updated copy of his prescription log to the Board on a bi-monthly basis for a period of three years from the elate the Board signs this Consent Order.
9.5. For a period of five years from the date the Board signs this Consent Order, Licensee shall allow Board staff immediate access to review Licensee's office during business hours, without advance notice, at a frequency to be determined by the Board. Licensee shall reimburse the Board at a rate of $100 per hour for the time Board staff spends on reviewing compliance with this Consent Order, not to exceed $1,500 for each office visit conducted by Board staff.
9.6, Within one year from the date the Board signs this Consent Order, Licensee shall attend eight (8) hours of continuing education related to substances on the approved formulary. In addition, for each of the five years that Licensee is on probation under this Consent Order, Licensee shall attend three (3) hours of continuing education on medical ethics, for a total of fifteen (15) hours. All of the courses required under this paragraph shall be pre-approved by the Board. These hours are in addition to the hours required of all licensed naturopaths for license renewal.
9.7. Following a period of three years from the date the Board signs this Consent Order, Licensee shall not administer any form of IV chelation therapy or treatment until he completes all qualifying education requirements as provided in the Board's administrative rules. Licensee must re-take any qualifying education hours he completed before the start of the three-year probation period.
9.8. Licensee shall meet with the Board at scheduled board meetings after this Consent Order is signed by the Board to discuss his practice and compliance with this Consent Order when such a meeting is requested by the Board.
IT IS SO ORDERED this 19th day of June 2006.
BOARD OF NATUROPATHIC EXAMINERS
Rick F. Marinelli, N.D., Chair Date: 6/16/06
IT IS SO STIPULATED
Donald D. McBride, Jr., N.D. Date: 6/16/06
David C. Landis
Attorney for Licensee
This page was posted on March 9, 2009.