BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) Daniel Tesfaye, M.D., ) CONSENT ORDER ) Respondent. )

Transcription

1 BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) Daniel Tesfaye, M.D., ) CONSENT ORDER ) Respondent. ) This matter is before the North Carolina Medical Board ( Board ) regarding information provided to the Board concerning Daniel Tesfaye, M.D. ( Dr. Tesfaye ). Dr. Tesfaye makes the following admissions and the Board makes the following findings and conclusions: STATUTORY AUTHORITY The Board is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes and the rules and regulations promulgated thereto. FINDINGS OF FACT Dr. Tesfaye was first issued a license to practice medicine and surgery by the Board on or about November 20, 1999, license number Dr. Tesfaye has a history of professional boundary violations. Consent Order Daniel Tesfaye, M.D. Page 1 of 10

2 In November 2004, the North Carolina Physicians Health Program ( NCPHP ) reported to the Board that Dr. Tesfaye had violated his NCPHP contract. The Board learned that Dr. Tesfaye had been an anonymous participant of NCPHP since September In September 2003, Dr. Tesfaye was referred to NCPHP by his practice after the practice received two patient complaints. The patient complaints alleged inappropriate touching and inappropriate comments by Dr. Tesfaye. Patient A complained that Dr. Tesfaye had hugged her inappropriately and asked her sexually inappropriate questions. Patient B complained that Dr. Tesfaye told an inappropriate joke. Additionally, the Board learned that Dr. Tesfaye had been assessed by the Behavioral Medicine Institute ( BMI ) in October 2003 and had completed a continuing medical education on Maintaining Proper Boundaries through Vanderbilt University Medical Center in March During his BMI assessment, Dr. Tesfaye explained that Patient A, a female in her 20s, was referred to his office from an emergency room visit. Dr. Tesfaye stated that he found Patient A very attractive. Patient A had numerous piercings and, according to Dr. Tesfaye, commented that she had pierced her body for sexual reasons. Dr. Tesfaye admitted that he got carried away and asked additional questions about Patient A s piercings. Dr. Tesfaye acknowledged that he hugged Patient A at the conclusion of Patient A s office visit. Following Patient Consent Order Daniel Tesfaye, M.D. Page 2 of 10

3 A s complaint to Dr. Tesfaye s practice, his Medical Director warned Dr. Tesfaye that similar behavior with patients would not be tolerated. Approximately three years after the incident involving Patient A, Dr. Tesfaye saw Patient B, a woman in her 60s, who was referred for evaluation of cognitive impairment. Patient B was accompanied by her daughter. Dr. Tesfaye acknowledged that his conversation with Patient B and her daughter became very casual and that he told a joke referencing marriage and sex. Dr. Tesfaye denied inappropriately touching patients and passed a polygraph at BMI wherein he answered no to whether he had ever touched a patient for sexual gratification. However, Dr. Tesfaye acknowledged that he crossed appropriate boundaries with Patients A and B, and Dr. Tesfaye also acknowledged that he gets too friendly with patients[.] In January 2005, Dr. Tesfaye met with members of the Board. The Board admonished Dr. Tesfaye to maintain appropriate boundaries with patients and staff and to comply with his NCPHP contract. In November 2006, Dr. Tesfaye s practice informed NCPHP of allegations of inappropriate and unwanted comments towards a female staff member. Dr. Tesfaye was assessed at Acumen Assessments in January Consent Order Daniel Tesfaye, M.D. Page 3 of 10

4 In July 2007, the Board learned of the November 2006 allegations. Dr. Tesfaye met with members of the Board in March Dr. Tesfaye informed the Board that he had changed practice locations and was receiving treatment with a private therapist. On or about October 8, 2015, Dr. Tesfaye voluntarily reported to the Georgia Composite Medical Board ( Georgia Board ) that he had engaged in a professional boundary violation with a patient. Dr. Tesfaye acknowledged that he had inappropriately hugged/embraced a female patient. Criminal charges were filed against Dr. Tesfaye for the inappropriate touching of the patient. Dr. Tesfaye was in treatment for professional boundary issues from December 10, 2015, to on or about January 21, On May 23, 2016, Dr. Tesfaye entered a plea, without admitting guilt, to one count of misdemeanor sexual battery. Dr. Tesfaye was placed on probation for one year, with terms and conditions, and was required to pay a $1, fine. On July 14, 2016, Dr. Tesfaye entered into a Public Consent Order with the Georgia Board. Dr. Tesfaye s license was placed on probation, with terms and conditions, until further order of the Georgia Board. The Georgia Order contained the following terms and conditions: Consent Order Daniel Tesfaye, M.D. Page 4 of 10

5 1. Dr. Tesfaye shall participate in weekly individual therapy with a Board approved provider. 2. Dr. Tesfaye shall also obtain a sponsor and attend and participate in weekly group meetings which are focused on sexual addiction, accountability, and relapse prevention. 3. Every six (6) months, Dr. Tesfaye shall, at his own expense, beginning no later than ninety (90) days after returning to the practice of medicine, obtain polygraph examinations from a provider acceptable to the Georgia Board. 4. Dr. Tesfaye shall designate an acceptable workplace supervising physician who will supervise his work and an acceptable treating physician with whom he will continue psychiatric care, including treatment for his medical condition(s), and who will monitor any medications prescribed to him. 5. Dr. Tesfaye shall provide a docketed copy of his Georgia Consent Order to both the supervising and monitoring physicians and to his therapist. 6. Dr. Tesfaye shall submit or cause to be submitted quarterly reports from his supervising and monitoring physicians and his therapist by March 31, June 30, September 30 and December 31 of each calendar year, Consent Order Daniel Tesfaye, M.D. Page 5 of 10

6 including a report of any medication being prescribed to him. 7. Dr. Tesfaye shall utilize a chaperone for all patient visits with female patients, with the chaperone being present during the entire visit. The chaperone must document her presence by signing the office note for each visit. 8. Dr. Tesfaye shall, at any time during the period of probation, submit to undergo a physical or mental evaluation by a physician designated by the Georgia Board. 9. Dr. Tesfaye shall notify the Georgia Board of any changes to or termination of his criminal probation. Dr. Tesfaye s did not register with the Board in 2015, as a result of which his license became inactive on November 10, CONCLUSIONS OF LAW Dr. Tesfaye admits that his license to practice medicine was suspended, restricted, or acted against by the licensing authority of another jurisdiction within the meaning N.C. Gen. Stat (a)(13) and grounds exist under this section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition or limit Dr. Tesfaye s license to practice medicine or to deny any application he might make in the future. Consent Order Daniel Tesfaye, M.D. Page 6 of 10

7 Dr. Tesfaye admits that by inappropriately hugging or embracing a female patient, he committed unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6) and grounds exist under this section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition or limit Dr. Tesfaye s license to practice medicine or to deny any application he might make in the future. PROCEDURAL STIPULATIONS Dr. Tesfaye acknowledges and agrees that the Board has jurisdiction over him and over the subject matter of this case. Dr. Tesfaye knowingly waives his right to any hearing and to any judicial review or appeal in this case. Dr. Tesfaye acknowledges that he has read and understands this Consent Order and enters into it voluntarily. Dr. Tesfaye desires to resolve this matter without the need for more formal proceedings. The Board has determined that it is in the public interest to resolve this case as set forth below. ORDER NOW, THEREFORE, with Dr. Tesfaye s consent, it is ORDERED that: 1. Dr. Tesfaye s hereby SURRENDERS his North Carolina license to practice medicine and surgery. Consent Order Daniel Tesfaye, M.D. Page 7 of 10

8 2. Dr. Tesfaye shall obey all laws. Likewise, he shall obey all rules and regulations involving the practice of medicine. 3. Dr. Tesfaye shall notify the Board in writing of any change in his residence or practice addresses within ten (10) days of the change. 4. Dr. Tesfaye shall meet with the Board or members of the Board for an investigative interview at such times as requested by the Board. 5. If Dr. Tesfaye fails to comply with any of the terms of this Consent Order, that failure shall constitute unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6) and shall be grounds, after any required notice and hearing, for the Board to annul, suspend or revoke his license and to deny any application he might make in the future or then have pending for a license. 6. This Consent Order shall take effect immediately upon its execution by both Dr. Tesfaye and the Board and it shall continue in effect until specifically ordered otherwise by the Board. 7. Dr. Tesfaye hereby waives any requirement under any law or rule that this Consent Order be served on him. 8. Upon execution by Dr. Tesfaye and the Board, this Consent Order shall become a public record within the meaning of Consent Order Daniel Tesfaye, M.D. Page 8 of 10

9 Chapter 132 of the North Carolina General Statutes and shall be subject to public inspection and dissemination pursuant to the provisions thereof. Additionally, it will be reported to persons, entities, agencies and clearinghouses as required and permitted by law including, but not limited to, the Federation of State Medical Boards and the National Practitioner Data Bank. By Order of the North Carolina Medical Board this the 23rd day of August, NORTH CAROLINA MEDICAL BOARD By: Eleanor E. Greene, M.D. President Consent Order Daniel Tesfaye, M.D. Page 9 of 10

10 Consented to this the /0 day of,du] ¼! -/--, State County of b %\ a. of ~~ op.\-e., I, j~ec\ s. tj 0\~(\. g the above named County and State, do Tesfaye, M.D. personally appeared acknowledged the due execution of the a Notary Public for hereby certify that Daniel before me this day and foregoing instrument. Witness my hand and official seal this the \:'.)~ day of ~\J..~U.St Consent Order - Daniel Tesfaye, M.D. Page 10 of 10