NOTE: This document was originally in .pdf format and was OCR'ed to text, so some of the text may not look good, formatting may be a little off and some items such as signatures may not appear, but this is the original license revocation document.
This man, Clay Erickson, is the substance abuse "professional" at HLA, yet his license to practice medicine has been revoked for prescribing drugs, such as injectable morphine, to himself to satisfy his drug habit.
Parents, is this the type of "professional help" you were looking for at HLA? Did anyone tell you that the "doctor" was barred from practicing?
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ORIGINAL
STATE OF WASHINGTON MEDICAL DISCIPLINARY BOARD
In the Matter of Disciplinary Action Concerning
No. 92-
CLAYTON
ERICKSON, M.D.,
NOTICE AND ORDER OF SUMMARY SUSPENSION
Respondent.
THIS MATTER having come before the Washington State Medical Disciplinary Board,. and the Board having been advised by a Board member regarding information gathered in the investigation of the Respondent, the Board makes the following:
I. FINDING OF FACT
The Washington State Medical Disciplinary Board finds that the public health, safety and welfare imperatively require emergency action pending further proceedings due to the nature of the allegations as set forth in the First Amended Statement of Charges, No.
.
, which indicate a violation of RCW
constituting unprofessional conduct, and the inability to practice with reasonable skill and safety to consumers pursuant. to RCW 18.130.170.
CONCLUSIONS OF LAW The license to practice medicine and surgery in the state of Washington held by Clayton Erickson, M.D. should be summarily suspended pending further disciplinary proceedings as authorized by RCW and RCW of the Administrative Procedure Act.
NOTICE AND ORDER OF SUMMARY -
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ORDER
Upon the above Findings of Fact and Conclusions of Law and under the authority of RCW and RCW the Washington State Medical Disciplinary Board enters the following order: IT IS HEREBY ORDERED that the license to practice medicine and surgery held by Clayton proceedings, effective immediately;
Erickson, M.D. shall be and the same is suspended pending further disciplinary
IT IS FURTHER ORDERED that the Washington State Medical Disciplinary Board is
provide the respondent a PROMPT hearing on the Statement of Charges and the order summarily suspending license. TO REQUEST SAID PROMPT HEARING RESPONDENT MUST COMPLETE, IN WRITING, THE ANSWER TO STATEMENT OF CHARGES, INCLUDING SUCH REQUEST FOR PROMPT HEARING AND RETURN THE ANSWER AND REQUEST TO THE ADDRESS GIVEN BELOW TO BE RECEIVED NO LATER THAN
P.M. ON THE TENTH DAY FOLLOWING SERVICE OF THIS NOTICE AND ORDER OF SUMMARY SUSPENSION YOU.
If said Request and Answer is not received by the time specified, Respondent will be deemed to have waived his opportunity for a prompt
Should the respondent waive the prompt hearing the summary suspension of his license to practice medicine shall remain in effect pending disposition of this matter as the Board's schedule permits. The written Request for Prompt Hearing and Answer to Statement of Charges must be filed with the Medical
NOTICE AND ORDER OF SUMMARY SUSPENSION -2
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Disciplinary Board at the following address:
Kristin Hamilton, Hearings Manager
Medical Disciplinary Board
1300 S.E. Quince Street
Post Office Box 47866
Mail Stop EY 25
Olympia, Washington 98504-7866
IT IS FURTHER ORDERED that the summary suspension shall remain in effect pending final disposition of this matter by the Medical Disciplinary Board. DATED this day of , 1993.
WASHINGTON STATE MEDICAL DISCIPLINARY BOARD
Presented by:
Assistant Attorney General
Kathryn Staff Attorney Department of Health
Marilyn Ward Reviewing Board Member
NOTICE PURSUANT TO WASHINGTON ADMINISTRATIVE CODE 246-920-130 IT IS THE RESPONSIBILITY OF THE LICENSEE TO MAINTAIN A CURRENT MAILING ADDRESS ON FlLE WlTH THE BOARD. THE MAILING ADDRESS ON FlLE WlTH THE BOARD SHALL BE USED FOR MAILING OF ALL OFFICIAL MATTERS FROM THE BOARD TO THE LICENSEE. IF CHARGES AGAINST THE LICENSEE SENT CERTIFIED TO THE ADDRESS ON FlLE WlTH THE BOARD ARE RETURNED UNCLAIMED OR ARE NOT ABLE TO BE DELIVERED FOR ANY REASON THE BOARD IS MANDATED TO PROCEED AGAINST THE LICENSEE BY DEFAULT PURSUANT TO RCW 34.05.440.
NOTICE AND ORDER OF SUMMARY SUSPENSION -3
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2/93)
STATE OF WASHINGTON MEDICAL DISCIPLINARY BOARD
In the Matter of Disciplinary Action Concerning
No. 92-
CLAYTON E. ERICKSON, M.D.,
STATEMENT OF CHARGES
Respondent.
The Medical Disciplinary Board of the State of Washington, having determined upon investigation that there is reason to believe that the license holder may be subject to RCW 18.130.170 states and alleges as follows:
I. At all times material to this Statement respondent has been licensed to practice medicine by the state of Washington. Beginning on or about September 8, 1989, Respondent
In October, 1992,
, Respondent returned to consuming alcohol.
Following this Respondent
STATEMENT OF CHARGES -1
The alleged conduct specified in paragraphs and IV above, if proved, constitutes grounds for disciplinary action pursuant to RCW 18.130.170, which states:
(1) If the disciplining authority believes a license holder or applicant may be unable to practice with reasonable skill and safety to consumers by reason of any mental or physical condition, a statement of charges in the name of the disciplining authority shall be served on the license holder or applicant and notice shall also be issued providing for an opportunity for a hearing. The hearing shall be limited to the sole issue of the capacity of the license holder or applicant to practice with reasonable skill and safety. If the disciplining authority determines that the license holder or applicant is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the disciplining authority shall impose such sanctions under RCW 18.130.160 as is deemed necessary to protect the public.
It is further alleged that the conduct referred to in this Statement of Charges affects the public health, safety and welfare, and the Board directs that a notice be issued and served on the respondent as provided by law, giving Respondent the opportunity to defend against the
allegations in this statement of charges. If Respondent fails to defend against these allegations, Respondent shall be subject to such discipline as is appropriate under RCW 18.130.160
In determini g what sanctions to impose, the Board may receive evidence of and consider the following: 1) prior disciplinary actions in this or any jurisdiction; 2) information developed by actions relating to peer review activities; 3) prior malpractice actions, 4) other evidence of unprofessional conduct.
STATEMENT OF CHARGES -2
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The Board reserves the right to amend this Statement of Charges, including the right to bring additional charges, in the event additional information is received supporting such amendment or addition.
1993. DATED this day of
Secretary, Washington State
Medical Disciplinary Board
Hearings Manager
Presented by:
Assistant Attorney General 900 Fourth Avenue, Suite Seattle, Washington 98164 Telephone (206) 464-6746
Marilyn Ward Reviewing Board Member
Kathryn Dept. of Health Staff Attorney
NOTICE PURSUANT TO WASHINGTON ADMINISTRATIVE CODE 246-920-1 30 IT IS THE RESPONSIBILITY OF THE LICENSEE TO MAINTAIN A CURRENT MAILING ADDRESS ON THE THE MAILING ADDRESS ON FlLE
THE BOARD SHALL BE USED FOR MAILING OF ALL OFFICIAL MATTERS FROM THE BOARD TO THE LICENSEE. IF CHARGES AGAINST THE LICENSEE SENT CERTIFIED MAIL. TO THE ADDRESS ON FlLE THE BOARD ARE RETURNED UNCLAIMED OR ARE NOT ABLE TO BE DELIVERED FOR ANY REASON THE BOARD IS MANDATED TO PROCEED AGAINST THE LICENSEE BY DEFAULT PURSUANT TO RCW 34.05.440.
STATEMENT OF CHARGES
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ORIGINAL
STATE OF WASHINGTON MEDICAL DISCIPLINARY BOARD
In the Matter of Disciplinary Action Concerning
No.
CLAYTON ERICKSON, M.D., FIRST AMENDED
STATEMENT OF CHARGES
Respondent.
The Medical Disciplinary Board of the State of Washington, having determined upon investigation that there is reason to believe that the license holder may be subject to RCW 18.130.170 states and alleges as follows:
I. At all times material to this Statement respondent has been licensed to practice medicine by the state of Washington. Beginning on or about September 8, 1989, Respondeni
In October, 1992,
Respondent returned to consuming alcohol.
Following this , Respondent
v.
Respondent obtained controlled substances, including but not necessarily limited to, approximately twenty (20) Vicodin tablets, approximately twelve (12) Tylox caplets and approximately five (5) 0.5 ml morphine
syringes containing 10 mglml of morphine, in August
September, 1992 for his own use and without authorization or See Exhibit One attached and by this reference incorporated herein.
Respondent failed to on March 3, 1993.
On April 8, 1993
See Exhibit Two attached and by this reference incorporated herein.
The alleged conduct specified in paragraphs -VII above, if proved, constitutes grounds for disciplinary action pursuant to RCW
which states:
(1) If the disciplining authority believes a license holder or applicant may be unable to practice with reasonable skill and safety to consumers by reason of any mental or physical condition, a statement of charges in the name of the disciplining authority shall be served on the license holder or applicant and notice shall also be issued providing for an opportunity for a hearing. The hearing shall be limited to the sole issue of the capacity of the license holder or applicant to practice with reasonable skill and safety. If the disciplining authority determines that the license holder or applicant is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the disciplining authority shall impose such sanctions under RCW as is deemed necessary to protect the public.
AMENDED STATEMENT OF CHARGES -2 (30001 -Replaces All Previous
IX. The alleged conduct specified in paragraph V above, if proved, constitutes grounds for a finding of unprofessional conduct pursuant to RCW which defines unprofessional conduct as:
The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, the addiction to or diversion of substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself.
and RCW
which defines unprofessional conduct as:
Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice . . .
specifically RC W 69.50.40 1 (d) .
X. The alleged conduct specified in paragraph VII above, if proved, constitutes grounds for a finding of unprofessional conduct pursuant to RCW which defines unprofessional conduct as: Current misuse of . . .
It is further alleged that the conduct referred to in this Statement of Charges affects the public health, safety and welfare, and the Board directs that a notice be issued and served on the respondent as provided by law, giving Respondent the opportunity to defend against the allegations in this statement of charges. If Respondent fails to defend against these allegations, Respondent shall be subject to such discipline as is appropriate under RCW 18.130.160
AMENDED STATEMENT OF-CHARGES -3
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In determining what sanctions to impose, the Board may receive evidence of and consider the following: 1) prior disciplinary actions in this or any jurisdiction; 2) information developed by and/or actions relating to peer review activities; 3) prior malpractice actions, 4) other evidence of unprofessional conduct.
The Board reserves right to amend this Statement of Charges, including the right to bring additional charges, in the event additional information is received supporting such amendment or addition.
DON MILLER, M.D. Secretary, Washington State Medical Disciplinary Board
Hearings Manager
Presented by:
Beverly N. WSBA
Assistant Attorney General
900 Fourth Avenue, Suite 2000
Seattle, Washington 98164
Telephone (206)464-6746
Marilyn Ward
Reviewing Board Member
Kathryn R.
Dept. of Health Staff Attorney
AMENDED STATEMENT OF CHARGES -4
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STATE OF DEPARTMENTOF MEDICAL QUALITY COMMISSION
In the Matter of the License to Practice as a Physician and Surgeon of ) Docket
CLAYTON D. ERICKSON, MD ) STATEMENT OF CHARGES License No.
1
Respondent.
The Manager on designation by the Commission, the allegations below, which are supported by evidence contained in program case files No. 98-12-0024MD. Any patients referred to in this Statement of Charges are identified in an attached Confidential Schedule.
Section 1: ALLEGED FACTS
1.1 Clayton D.
MD, Respondent, was issued a license to practice as a physician and surgeon by the State of Washington in license is subject to Stipulated Findings of Fact, Conclusions of Lawand Agreed Order, No. March
1995.
1.2 On April 14, 1993, the Commission summarily suspended Respondent's license and issued a First Amended Statement of
against Respondent alleging that he violated RCW
1 8.1 30.1
and (23).
1.3 On March 10, 1995, Respondent andthe Commission entered into a Stipulated Findings of Fact, Conclusions of Law and Agreed Order (Agreed Order) which suspended indefinitely Respondent's license to practice medicine.
STATEMENT OFCHARGES PAGE 1 OF3
ORIGINAL
4.2 of
Agreed
required Respondent to with the to comply with the 1.4
conditions of that agreement. 1.5 On or about July 4, 1998,
Section
2.1 The violations alleged in this section constitute grounds for disciplinary action pursuant to RCW 18.130.180 and the imposition of sanctions under 18.130.160.
2.2. The facts alleged in paragraphs 1.2 through 1.5 constitute unprofessional conduct in violation of RCW 1 8.1 30.1 which provides in part:
Failure to comply with an order issued by the disciplining authority or a stipulation for informal disposition entered into with the disciplining authority.
Section 3: NOTICE TO RESPONDENT
The charges in this document affect the public health, safety and welfare. The Program Manager of the directs that a notice be issued and served on Respondent as provided by law, giving Respondent the opportunityto defend against these charges.
STATEMENT OF CHARGES PAGE 2
If Respondent fails to defend against these charges, Respondent shall
discipline pursuant to RCW 18.130.180 and the imposition of
DATED this ,1999. -.
STATE OF WASHINGTON
DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE COMMISSION
Program Manager
FORINTERNAL USE ONLY.INTERNAL TRACKING NUMBERS: Program Number
STATEMENT OF CHARGES PAGE 3 OF 3
In the Matter of the License to practice Medicine of
No.
CLAYTON M.D.,
STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW AND
Respondent. AGREED ORDER
STATE OF WASHINGTON
DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE COMMISSION
The Medical Quality Assurance Commission (Commission), by and through Michael L. Fan-ell, Department of Health Attorney, and Clayton D.
M.D., Respondent, individually, stipulate and agree to the following:
PROCEDURAL STIPULATIONS
M.D., Respondent, is licensed to practice medicine in the State Washingtonat all times relevant to this action.
1.2 On April 14, 1993, the Commission summarily suspended Respondent's license and issued a Statement of Charges the professional practice of Respondent.
1.3 The Statement of Charges alleges that Respondent RCW RCW and (7).
1.4 Respondent understands that the State is prepared to proceed to a hearing on the allegations in the Statement of Charges.
1.5 Respondent that he has the right to defend himself against allegations in the Statement of Charges by presenting evidence in his behalf at the hearing.
1.6 Respondent understands that, should the State in fact prove at the hearing the allegations in the Statement of Charges, the Commission has the power and authority to impose sanctions under RCW 18.130.160.
1.7 Respondent and the Commission agree to expedite the resolution of this matter by means of Stipulated Findings of Fact, Conclusions of Law, and Agreed Order (Agreed Order).
1.8 Respondent waives the opportunity for a hearing on the Statement of Charges contingent upon the entry of the following Agreed Order.
STIPULATED FINDINGS
1 ORIGINAL
1.9 Respondent acknowledges that the Agreed Order is not binding unless and until it is accepted by the Commission.
1.10 Respondent acknowledges that should this Stipulated Findings of Fact, Conclusions of Law and Agreed Order be accepted it will be subject to the reporting requirements of RCW
18.130.110 and reporting, including, but not limited to, the National
WAIVER OF OBJECTION: Respondent is informed and understands that:
1.1
a. At the presentation of this Agreed Order the Commission may ask the parties for information regarding the facts of this case. The parties have the right to be present, ask and answer questions and make argument to the regarding the appropriateness of this Agreed Order.
b. Respondent waives any objection to the participation on a hearing panel of all or some of the Commissioners who hear the presentation of the Agreed Order in the event it is and this matter proceeds to a hearing.
STIPULATED FACTS
The State and Respondent stipulate to the following facts:
2.1 Beginning on or about September 8, 1989, Respondent
2.2 In October 1992,
2.3 Following the . Respondent
2.4 In August September 1992, Respondent obtained controlled substances, including but not limited to, approximately 20 tablets, approximately twelve 12 caplets and approximately 5 0.5 morphine
syringes containing 10 of morphine for his own use and without authorization or prescription.
2.5 On March 3, 1993, Respondent failed to
2.6 On April 4, 1993, Respondent
CONCLUSIONS OF LAW
The State and the Respondent do not object to entry of the following Conclusions of Law:
3.1 The commission has jurisdiction over Respondent and the subject matter of this proceeding.
3.2 The above constitute grounds for Respondent is unable to practice medicine with reasonable and safety pursuant to RCW 18.130.170.
3.3 The above facts constitute grounds for action pursuant to RCW and RCW
AGREED ORDER
Based on the preceding Stipulated Facts and Conclusions of Law, the Commission hereby orders:
4.1 Respondent'slicense shall remain suspended until order of the Commission.
4.2 Respondent shall enter into an agreement with the . and comply with the terms and conditions of that agreement. Respondent shall authorize and request the prepare and submit written reports to the Commission which address Respondent's progress in treatment, his compliance with the treatment program and his ability to practice medicine and surgery in a safe manner. Respondent agrees that both oral and written communication regarding his complance with the agreement and his progress in treatment shall be shared between the and the Commission.
4.3 Respondent shall not possess or use legend drugs or controlled substances, including alcohol, unless the legend drug or controlled substance is prescribed by another physician for legitimate therapeutic purposes and the prescription is approved by
4.4 Respondent agrees to submit to random and urinalysis blood tests at the request of the the Commission. Respondent understands and agrees that any laboratory result which is positive for controlled substances or alcohol will be deemed a violation of this Agreed Order.
4.5 RESIDENCE:
A. Respondent shall inform the Commission, in writing, of changes in his practice and residence address.
B. In the event Respondent leaves the State of Washington to reside or to practice outside the State of Washington, Respondent must
the Commission in writing of the dates of departure and return.
STIPULATED FINDINGS -3
C. Any period of during which Respondent resides practices outside the State of Washington shall not apply to the reduction of the duration of the suspension or probation.
4.6 The fine shall be p address:
Executive Secretary
Medical Quality AssuranceCommission
1300 SE Quince Street,
EY 25
Post Office Box 47866
Olympia, Washington
4.7 Respondent shall obey all federal, state and local medicine in Washington.
4.8 Respondent's license shall suspended until such time as he petitions to have the suspension lifted. At that time, Respondent shall appear personally before the Commission and presents the following evidence:
A He has complied with the terms of the contract;
B. He has undergone a substance abuse evaluation by an evaluator approved by the Commission and has submitted the written report to the
and
C. He is capable of practicing medicine with reasonable skill and safety.
4.9 If the Commission Lifts the suspension, it shall place Respondent's license on probation on the condition Respondent continue to comply with the contract. The Commission may also impose any other restrictions or conditions on Respondent's license it deems necessary to protect the public. The Commission may not lift the probation and grant Respondent an unrestricted license until Respondent petitions the Commission for termination of jurisdiction, appears before the Commission, and presents evidence he has satisfied the terms and conditions of the probation.
4.10 Respondent may petition the Commission for a change in the terms
other than the period of suspension or probation, of this Agreed Order no sooner than one (1) year from he date it is signed by the Commission.
4.11 This Agreed Order will be subject to the reporting requirements of
18.130.1 10 and the National Practitioner Data Bank,45 60.
4.12 This Agreed Order is not binding on Respondent or the Commission unless accepted by the Commission.
4.13 This Agreed Order shall become ten (10) days the date the Order is signed by the Commission chair, or upon service of the Order on the Respondent, whichever date is sooner.
I, Clayton D. M.D., hereby declare that I have read this Agreed Order in its entirety, that if I have counsel of record that he has explained the level of and consequence of it, that signature this day of 1995.
V. ORDER
The Commission accepts the Stipulated of Fact, Conclusions of Law, and Agreed Order as an Order of the Commission. Respondent is ORDEREDto comply with the stated in paragraph above. IT IS FURTHER ORDERED that all parties shall be bound by the terms and conditions of section
DEPARTMENT OFHEALTH MEDICAL QUALITY ASSURANCE COMMISSION
By: ,
Presented by:
Michael L.
WSBA Staff Attorney, Dept. of Health
STIPULATED FINDINGS
5
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
MEDICAL QUALITY ASSURANCE COMMISSION
In the Matter of the License to Practice ) Docket No. 98-03-A-101OMD Medicine and Surgery of:
CLAYTON ERICKSON, M.D.,
ORDER ON PETITION
Respondent.
TO
SUSPENSION
This matter came before the Washington State Medical Quality Assurance Commission (the Commission), successor to the Medical Disciplinary Board (the Board), and Health Law Judge, Suzanne C. Johnson, Presiding Officer for the Commission, on January 22, 1998, at the SeaTac Hotel, in SeaTac, Washington pursuant to the terms of the Stipulated Findings of Fact, Conclusions of Law and Agreed Order issued March 10, 1995. Members of the Commission present and considering the matter were: David W. Williams, M.D., Chair; Richard P. Bunch, M.D.; Julian M.D.; Mark Vollrath, PA-C; and Linda C. Wells, Public Member. Clayton Erickson, M.D. (Respondent) appeared pro se. Mike Farrell, Staff Attorney appeared on behalf of the Department of Health (Department). Jan Polek, Reviewing Commission Member, was not present. The proceedings were recorded by Cynthia court reporter. Based upon a review of the files and records in this case and the testimony provided at the hearing, the Commission issues the following:
ORDER ON PETITION TO LlFT SUSPENSION -Page 1
I. PROCEDURAL HISTORY
1.1 On February 16, 1993, the Board issued a Statement of Charges, alleging that Respondent engaged in unprofessional conduct. On April 14, 1993, the Board issued the First Amended Statement of Charges, alleging unprofessional conduct in violation of RCW 18.130.180
(7) and (23) and RCW 18.1 30.170.
1.2 On April 14, 1993, the Board issued a Notice and Order of Summary Suspension, suspending Respondent's license to practice medicine in Washington State pending a hearing on the merits of the Amended Statement of Charges.
On March 1995, the Commission entered -the Stipulated Findings of Fact, Conclusions of and Agreed Order (the Agreed Order) which,. inter suspended Respondent's medical license until such time as he petitions to have the suspension lifted and presents evidence that he has complied with the . and is capable of practicing medicine with reasonable skill and safety.
1.4 By letter dated January 22, 1996, Respondent petitioned the Commission to lift the suspension imposed by the Agreed Order.
December 19, 1997, the Adjudicative Clerk Office issued a Notice to Appear for Lifting of Suspension of Commission Order, requesting that Respondent appear for hearing at 1.5 a.m. on January 22, 1998.
1.6 At the hearing, Mr. Farrell presented a history of the case. The Department submitted documents for the Commission's review including quarterly
ORDER ON PETITION TO SUSPENSION -Page 2
reports from December 23, 1997 report of Psychological Evaluation by
and January 21, 1998 letter from Respondent testified
on his own behalf regarding his compliance with the contract, his petition to lift the suspension, and his current personal situation. Mr.
from also testified on Respondent's behalf.
FINDINGS OF FACT
2.1 Respondent 'is a physician, licensed to practice in the state of Washington, and his license is suspended by the Agreed Order.
2.2 Respondent testified that he has been sober for more than four . He has complied He has had access to controlled substances and alcohol while caring for his ill mother and has successfully dealt with stressors such as school, financial burdens, inability to practice medicine, as well as his mother's illness without relapsing. He believes his recovery is solid.
2.3 Respondent further testified that he has obtained a masters degree in psychology. He currently works as a supervisor in a warehouse full time.
2.4 Respondent testified that he has read professional journals, but has not attended Continuing Medical Education (CME) seminars, Grand Rounds or other educational meetings.' If his license is reinstated, he would take a refresher course and additional CME, although he has no specific courses in mind.
2.5 Respondent asked to have his medical license reinstated without restriction. He stated he does not have specific plans for a medical practice if his license is-reinstated, although he would consult with prior to engaging in medical practice.
ORDER ON PETITION TO SUSPENSION
Page 3 2.6 Mr. testified that Respondent has complied with endorses
the suspension of Respondent's medical license and imposing restrictions on Respondent's practice of medicine aimed at restricting his access to controlled substances.
recommended that Respondent's medical license be reinstated with conditions on his practice that limit his access to and prescriptive authority for controlled substances.
2.8
his January 21, 1998, letter to
2.9 Mr.
reported that the position of the Department is to deny the petition until such time as Respondent presents a specific proposal for practicing medicine safely.
2.10 The Commission commends Dr. Erickson on his motivation and success in recovery since May 1993.
2.11 The Commission finds that Respondent has presented evidence that he has complied with . thus far.
ORDER ON PETITION TO SUSPENSION -Page 4
2.12 The Commission finds that Respondent has undergone a substance abuse evaluation and has submitted the report to the Commission as required by the Agreed Order.
2.13 The Commission finds that Respondent has failed to present evidence that he is currently capable of practicing medicine with reasonable skill and safety as required by the Agreed Order. It has been almost years since Respondent practiced medicine. During the past five years, Respondent has not obtained CME or attended Grand Rounds or other educational meetings or associations.
CONCLUSIONS OF LAW
3.1 The Commission has jurisdiction over Respondent and over the subject matter herein.
3.2 The Uniform Disciplinary Act (UDA), chapter 18.130 RCW, governs the discipline of licensees by the Commission and permits the Commission to fashion appropriate remedies in disciplining Respondent.
3.3 RCW 18.1 30.160 permits the Commission to fashion appropriate remedies in disciplining Respondent including, without limitation, imposing restrictions or limitations on Respondent's practice. When the Commission imposes sanctions, it must first consider what actions are necessary to protect the public. In this case, the Agreed Order provides for suspension of Respondent's license as permitted by RCW 18.130.160.
3.4 The Commission has the right to grant or deny Respondent's petition to lift the suspension of his medical license as permitted by RCW 18.130.160 of the UDA.
ORDER ON PETITION TO SUSPENSION Page 5
3.5 Considering foremost the protection of the public, and based on Findings ,
of Fact 2.13, the Commission concludes that Respondent's petition to
the suspension of his medical license imposed by the Agreed Order should be denied. Respondent may wish to consult with the medical consultant of the Commission for information or suggestions for demonstrating that he is capable of practicing medicine with reasonable skill safety.
IV. ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, the Commission hereby makes the following ORDER:
4.1 Clayton Erickson, petition to lift the suspension of his medical license imposed by the Stipulated Findings of Fact, Conclusions of Law and Agreed Order issued March 10,1995, is hereby DENIED.
4.2 and conditions of the Stipulated Findings of Fact, Conclusions of Law and Agreed Order issued, March 10, 1995, remain in full force and effect.
DATED DAY OF MARCH, 1998.
Quality Assurance Commission
DAVID W. WILLIAMS, M.D., Chair
ORDER ON PETITION TO
SUSPENSION
Page 6
