BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) NOTICE OF CHARGES Samuel H. Wurster, MD, ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent.

Transcription

1 BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) NOTICE OF CHARGES Samuel H. Wurster, MD, ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent. ) The North Carolina Medical Board (hereinafter Board) has preferred and does hereby prefer the following charges and allegations: 1. 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. 2. Samuel H. Wurster, M.D. (hereafter Dr. Wurster), is a physician licensed by the Board on or about May 24, 1997, to practice medicine, license number During the times relevant herein, Dr. Wurster practiced medicine in the Cary, North Carolina area. 4. In January 2004, Dr. Wurster became the Medical Director for Premier Body Laser and Skin Clinics (hereafter Premier Clinics). Among the medical procedures offered by Premier Clinics was laser hair removal. 5. As Medical Director, Dr. Wurster s responsibilities included, but were not limited to, reviewing and approving Premier Clinics medical protocols and providing medical advice to the staff Notice of Charges and Allegations - Samuel H. Wurster, MD Page 1 of 8

2 to ensure that the staff was conducting Premier Clinic s operations in a safe and prudent manner. Dr. Wurster was the only physician providing medical advice and service to the staff and patients of Premier Clinic between January 2004 and his termination as Medical Director in November First Claim 6. Paragraphs one through five are re-alleged and incorporated herein by reference. 7. In September 2003, during discussions at Triangle Compounding Pharmacy (hereafter Triangle Pharmacy), Dr. Wurster inquired about medications used by clinics performing laser hair removal treatment to treat pain associated with laser hair removal. Triangle Pharmacy provided information about LaserGel, a cream compounded by Triangle Pharmacy. LaserGel, a prescription medication, has active ingredients of 10% Lidocaine and 10% Tetracaine. 8. In October 2003 and again in November 2003 Dr. Wurster contacted Triangle Pharmacy by telephone and ordered two (2) tubes LaserGel for use as an anesthetic cream at a clinic where laser hair removal was performed. 9. On or about December 17, 2003, a staff member of Premier Clinics called Triangle Pharmacy and attempted to order twenty (20) tubes of LaserGel. The staff member of Premier Clinics indicated that Dr. Wurster was the Medical Director of Premier Clinics and Notice of Charges and Allegations Samuel H. Wurster, M.D. Page 2 of 8

3 that he had suggested calling Triangle Pharmacy about obtaining LaserGel. 10. On or about December 17 th, Triangle Pharmacy sent an e- mail to Dr. Wurster regarding the request for LaserGel by a staff member of Premier Clinics. In the , Triangle Pharmacy asked Dr. Wurster if he wanted the LaserGel dispensed to Premier Clinics under his name. 11. On or about December 23, 2003 Dr. Wurster spoke by telephone with Triangle Pharmacy. Dr. Wurster confirmed that he was the Medical Director for Premier Clinics and authorized Triangle Pharmacy to dispense the requested tubes of LaserGel and to refill future requests for LaserGel prn or as needed. 12. On or about February 11, 2004, Dr. Wurster again authorized Triangle Pharmacy to dispense LaserGel to Premier Clinic prn. 13. During the time that Dr. Wurster served as Medical Director for Premier Clinics, no other staff member or employee of Premier Clinics had prescriptive authority to order or dispense LaserGel or any other prescription medication. 14. During the time that Dr. Wurster served as Medical Director for Premier Clinics, Triangle Pharmacy dispensed approximately 560 tubes of LaserGel to Premier Clinics. 15. Patients at Premier Clinics were sold and/or administered LaserGel for use as an anesthetic ointment prior to laser hair removal treatment. Notice of Charges and Allegations - Samuel H. Wurster, MD Page 3 of 8

4 16. No physician, including Dr. Wurster, performed an appropriate history and physical examination on any patient of Premier Clinics who received LaserGel while he was Medical Director. Accordingly, LaserGel, a prescription medication, was sold or otherwise provided to patients of Premier Clinics without the benefit of a physician making an informed medical judgement as to the need and appropriateness of the patient using LaserGel. 17. No physician, including Dr. Wurster, wrote a prescription for LaserGel for any patient at Premier Clinics who received or was administered LaserGel. 18. By authorizing Triangle Pharmacy to deliver a prescription medication to Premier Clinics and then permitting Premier Clinics to distribute, sell or administer the prescription medication to patients of Premier Clinics without a physician personally performing an appropriate history and physical examination and without a prescription, Dr. Wurster committed unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6), which is grounds under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition, or limit his license to practice medicine and surgery issued by the Board. Second Claim 19. Paragraphs one through twenty are re-alleged and incorporated herein by reference. Notice of Charges and Allegations Samuel H. Wurster, M.D. Page 4 of 8

5 20. During the time that Dr. Wurster served as Medical Director of Premier Clinics, he failed to take reasonable and necessary steps to ensure that the patients of Premier Clinics, for whom he was responsible, were appropriately evaluated, treated and when necessary, prescribed medication. Moreover, Dr. Wurster failed to ensure that the staff of Premier Clinics, for whom he served as the Medical Director, were appropriately trained, qualified, and supervised. 21. Dr. Wurster s conduct, as alleged and described above, constitutes unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6), which is grounds under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition, or limit his license to practice medicine and surgery issued by the Board. NOTICE TO DR. WURSTER Pursuant to N.C. Gen. Stat , it is hereby ordered that a hearing on the foregoing Notice of Charges and Allegations will be held before the Board at 8:30 a.m. on Wednesday, August 16, 2006, at 1203 Front Street, Raleigh, North Carolina, to continue until completed. The hearing will be held pursuant to N.C. Gen. Stat. 150B-40, 41, and 42, and N.C. Gen. Stat , 14.4, 14.5, and You may appear personally and through counsel, may cross-examine witnesses and present evidence in your own behalf. You may, if you desire, file written answers to the charges and Notice of Charges and Allegations - Samuel H. Wurster, MD Page 5 of 8

6 complaints preferred against you within 30 days after the service of this notice. Pursuant to N.C. Gen. Stat. 150B-40(c)(5), it is further ordered that the parties shall arrange a pre-hearing conference at which they shall prepare and sign a stipulation on pre-hearing conference substantially in the form attached hereto. The prehearing stipulation shall be submitted to the undersigned no later than seven days prior to the hearing date. The right to be present during the hearing of this case, including any such right conferred or implied by N.C. Gen. Stat. 150B-40(d), shall be deemed waived by a party or his counsel by voluntary absence from the Board s office at a time when it is known that proceedings, including deliberations, are being conducted, or are about to be conducted. In such event the proceedings, including additional proceedings after the Board has retired to deliberate, may go forward without waiting for the arrival or return of counsel or a party. This the 15 th day of March, NORTH CAROLINA MEDICAL BOARD Notice of Charges and Allegations Samuel H. Wurster, M.D. Page 6 of 8

7 By: Robert C. Moffatt, M.D. President Notice of Charges and Allegations - Samuel H. Wurster, MD Page 7 of 8

8 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Charges and Allegations was enclosed in a certified, return receipt requested, post-paid envelope addressed to Samuel H. Wurster, MD, and delivered to a post office for mailing certified mail return receipt requested as required by N.C. Gen. Stat This the 15 th day of March, Brian L. Blankenship Notice of Charges and Allegations Samuel H. Wurster, M.D. Page 8 of 8