Dr. Robert C. Davis, a West Jordan physician scheduled for a state licensing hearing March 14, 1990, has a history of problems with state licensing officials and other authorities.
State professional licensing officials handed down a petition Thursday that alleges 155 counts of improprieties in Davis' medical practice.Davis went through a previous licensing hearing in 1987. At that time, he was asked by the state to surrender his license for 90 days and was placed on probation for five years for violations of the Utah Medical Practice Act.
Although the state didn't call for an immediate revocation of Davis' license on Thursday, a state official said the allegations against the doctor are considered serious. "It's unusual to file a petition that involves this many allegations and this many patients," said David L. Buhler, executive director of the Utah Department of Commerce. "If we didn't have concerns, we wouldn't file a petition."
Buhler said the reason the state took three years to complete its investigation is officials wanted to make sure complaints were valid.
"We conducted a very thorough investigation. We want to make sure when we make allegations they are well-founded."
Under the terms of his prior probation for violations of the Utah Medical Practice Act, Davis was required to appear regularly before the state Physicians Licensing Board. Also, he was to submit a practice plan including acceptable methods of peer review and to submit the name of a physician who would review his billing and patient visits.
But minutes of a board meeting, dated July 13, 1988, record that, "Dr. Davis has violated the order. It is the recommendation of the Board that a hearing be held regarding Dr. Davis' license to practice in Utah."
State officials say Davis never met the terms of his probation. "There has never been a supervising physician acceptable to the board," said David Robinson, executive director of the Division of Occupational and Professional Licensing.
Davis pleaded no contest to state charges of Medicaid fraud in 1987. Earlier this year, his license was suspended by the states of Montana and Iowa for failure to report the disciplinary actions.
Other information obtained by the Deseret News indicated that:
-Davis graduated in January 1982 from the American University of the Caribbean, a West Indies institution that New York education officials said in 1983 is "an institution providing instruction in the basic sciences only."
Utah licensing officials say their budget won't allow on-site visits to foreign medical schools, so they rely on reports from other states, such as New York, when evaluating schools.
In a March 1985 report signed by New York Education Commissioner Gordon M. Ambach, evaluators said of the American University of the Caribbean, "Student preparation for clinical training is seriously deficient with respect to physical diagnosis and taking patient histories."
The school wanted to place students in clinical hospitals in New York, but the state denied the application, saying the school's program was deficient. Donald Martin, executive secretary to the New York board of medicine, said school officials haven't reapplied, so the education department doesn't consider AUC to be a registered school.
-In Davis' Utah medical license application file, a hand-written note, dated Sept. 21, 1983, from a former licensing employee, said Davis failed to complete two medical residencies, one in Bridgeport, Conn., and another in Pueblo, Colo., because of allegations of "sexual harassment."
-Davis has no hospital privileges at Salt Lake County hospitals and is not a member of the Utah Medical Association. He was terminated as a participating provider for Blue Cross Blue Shield Insurance Co. of Utah in October and will no longer be a member of the Value Care program in December, according to Dixon Larkin, the company's vice president and legal counsel.
-A complaint alleging Davis assaulted Colleen Miner, a former employee of Davis' clinic, was filed by West Jordan Police Sergeant Jeff Ertel Nov. 1, 1989, in West Jordan municipal court. The charge is a Class B misdemeanor, and the matter is in the pretrial conference stage until Dec. 15.
-Several complaints have been filed against Davis at the Utah Industrial Commission by former employees. Bill Cunningham, of the Anti-discrimination Division, said one complaint recently was filed, but by law the information is confidential.
"There have been other complaints filed. Some have been closed and others are still pending."
-Davis is being investigated by Salt Lake County Emergency Services in connection with the improper disposal of medical wastes. Officials found blood samples, syringes and uncapped needles in a trash bin, located on private property at 2300 East and Bengal Boulevard in a church parking lot, said Dennis Stanley, deputy director of emergency services.
"We're still investigating the physician right now," Stanley said.
-And U.S. Postal Inspector Gary Jones said federal officials are looking into complaints against Davis. "We've received some complaints against that doctor. I don't think I could elaborate on that right now."
-A doctor, who asked not to be named, said earlier this year, after filing a complaint against Davis with state officials, he received a letter from Davis' attorney threatening a lawsuit for slander or restraint of trade.
Medicaid claims
Davis was arrested, handcuffed and led from his West Jordan clinic to the Salt Lake County Jail on June 24, 1986, and booked into jail on fraud charges.
He was charged with three counts of filing false Medicaid claims, a second-degree felony. Davis pleaded "no contest" to one charge while the other two were dropped. Through a plea bargain, the felony was reduced to a class A misdemeanor.
As required by the court, Davis paid $5,000 in fines, $52,500 in restitution to the state, performed 150 hours of community service and received mental health counseling.
After Davis pleaded no contest to the state charges, federal officials imposed a 15-year suspension on Davis from filing any claims for Medicaid or Medicare.
Davis recently appealed his suspension and had it reduced to 10 years in a decision handed down by Administrative Law Judge Henry M. Parro. Jan Shellhammer, regional public affairs director for the Social Security Administration, said Parro ruled that the evidence submitted did not support the maximum suspension. "He felt that a 10-year suspension was a more equitable time period in view of the evidence that had been presented to him."
Documents filed as part of the state criminal case indicate Davis was warned by federal officials at the time of his Medicaid suspension that he was lucky to get off so lightly. The 15-year suspension was predicated on overcharges of $86.25. However, a May 1987 letter notifying Davis of his federal suspension, written by James F. Patton, noted more than $43,000 in overpayments.
"The extent of violations disclosed during the investigation conducted by the state of Utah Medicaid Fraud Control Unit are significant," Patton wrote. Patton is director of the Division of Healthcare Administrative Sanctions of the U.S. Department of Health and Human Services, Office of the Inspector General.
"A total of 2,095 fraudulent line items which resulted in overpayments totaling $43,369.48 were identified. The fact that sufficient evidence existed that could warrant additional criminal charges against you is significant and indicates the strong probability that your involvement in fraudulent Medicaid activity was more extensive than the one violation on which you were convicted," he wrote.
The investigation into Davis' case by the Utah Bureau of Medicaid Fraud cost more than $31,000, according to a document in the criminal case signed by J. Denis Kroll, then Utah assistant attorney general.
Sexual complaints
The Deseret News has learned that three women filed civil lawsuits against Davis, alleging they were sexually assaulted by him. One case was voluntarily dismissed by the parties. The second case, involving a former patient, was settled out of court in November 1988 after the woman received an undisclosed amount of money. The third case still is pending. All three of the cases have been sealed through court action.
In the pending case, Deborrah Norris filed a suit against Davis on Nov. 26, 1987, alleging Davis had sex with her without her consent on July 21, 1987. Also, on Oct. 24, 1987, the suit accuses him of entering her condominium and forcing her to engage in sexual practices. She says Davis caused her physical and emotional suffering and is asking for $1 million dollars in judgment and an additional $1 million dollars in punitive damages.
Davis denies having forced her into any sexual encounters. He charges, in a counterclaim filed Dec. 22, 1987, that Norris has slandered him and acted maliciously, without probable cause, to harm his good name and reputation. Davis is asking for $1 million in punitive damages.
Judith Markward filed a civil suit against Davis on April 28, 1988, claiming he had intercourse with her without her consent on Oct. 1, 1987. She asked for a judgment of not less than $3 million. He countered with a slander suit, filed June 20, 1988, and asked for $100,000 in damages.
Markward dropped her suit in Oct. 1988, telling the Deseret News: "I just don't want to sit in the courtroom and look at him and listen to him say he didn't do it."
Davis' lawyer said it wouldn't be appropriate for his client to comment to the Deseret News on the pending lawsuit.
Licensing examination
A year after he was charged with fraud in the criminal case, Davis was found by state officials to be in violation of the Utah Medical Practice Act. Based on the ruling of Administrative Law Judge Kent Walgren, handed down July 8, 1987, the Physicians Licensing Board suspended Davis's license and put him on probation.
Among the judge's findings:
-Davis "engaged in deliberately deceptive behavior" in using another name, "Devis," on medical school applications.
-When applying for a Utah medical license, he "knowingly filed a false application" by omitting information concerning medical schools he attended and post-graduate training.
-Davis was practicing "false and deceptive advertising in the practice of medicine" when he advertised he provided fully trained nurses while in reality he did not.
-Davis "intentionally misled" insurance companies and Medicare by misusing the term "comprehensive" in his billings.
-Davis dispensed drugs without being licensed as a pharmacist.
After his Utah license suspension, Davis failed to notify other states of the disciplinary action. Carol Norling, administrative assistant at the Montana Board of Medical Examiners, said Davis' license was suspended for one year and won't be reinstated until March 30, 1990. "He didn't report the action in Utah, and we found out about it," Norling said.
Dennis Carr, associate director for the Iowa Board of Medical Examiners, said Davis' license was suspended for 90 days beginning Dec. 1, 1988, based on the disciplinary action for Medicaid fraud that took place in Utah.