BEFORE THE NORTH CAROLINA MEDICAL BOARD ) ) ) ) ) This matter is before the North Carolina Medical Board
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1 BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: Timothy John Phillips, PA-C, Respondent. CONSENT ORDER This matter is before the North Carolina Medical Board ( Board regarding information provided to the Board concerning Timothy John Phillips, PA-C, ( Mr. Phillips. Mr. Phillips 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 to it in Article 1 of Chapter 90 of the North Carolina General Statutes and the rules and regulations promulgated thereto. FINDINGS OF FACT Mr. Phillips was first issued a physician assistant license by the Board on or about March 20, 2003, license number At all times relevant hereto, Mr. Phillips practiced as a physician assistant at an Interdisciplinary Pain Management Center ( IPMC in Fayetteville, North Carolina. On October 20, 2016, as a result of a complaint filed with the Board, an investigation was initiated into allegations that Consent Order Timothy John Phillips, PA-C Page 1 of 7
2 Mr. Phillips had self-prescribed Suboxone using the identity and Drug Enforcement Administration ( DEA number of a colleague, Physician A. During the investigation, Physician A advised that he was alerted to Mr. Phillip s prescribing activity after a call from a local pharmacist requesting authorization for a prescription for Suboxone for Mr. Phillips. Physician A advised that he never treated Mr. Phillips and that Mr. Phillips was not a patient at the IPMC. Physician A confronted Mr. Phillips who admitted to the self-prescribing activity and explained that he believed he had a dependence on Tramadol from a previous back surgery. On October 12, 2016, Mr. Phillips was suspended from patient care for self-prescribing Suboxone using the identity and DEA number of Physician A. Mr. Phillips immediately contacted the North Carolina Physicians Health Program ( NCPHP. On October 20, 2016, Mr. Phillips was assessed by NCPHP, diagnosed with Opioid Use Disorder, Severe, and referred to Fellowship Hall Treatment Center ( FHTC for a ninety (90 day inpatient treatment program, with a scheduled discharge date of February 4, Also on October 20, 2016, Mr. Phillips signed a Medical Non-Practice Agreement. Consent Order Timothy John Phillips, PA-C Page 2 of 7
3 Mr. Phillips was discharged early from FHTC on January 4, 2017, due to lack of progression with his treatment, and was subsequently admitted to Bradford Health Services ( BHS on January 11, Mr. Phillips was discharged from BHS on March 7, 2017, having successfully completed his treatment. On March 20, 2017, Mr. Phillips was released from the Medical Non-Practice Agreement and was approved to return to work in an administrative capacity with a gradual assumption of clinical duties. CONCLUSIONS OF LAW When abusing controlled substances, Mr. Phillips acknowledges that he is unable to practice as a physician assistant with reasonable skill and safety to patients by reason of excessive use of these substances within the meaning of N.C. Gen. Stat (a(5 and 21 NCAC 32S.0217, and grounds exist under those sections of the North Carolina General Statutes and the North Carolina Administrative Code for the Board to annul, suspend, revoke, condition, or limit Mr. Phillips s physician assistant license or to deny any application he might make in the future. PROCEDURAL STIPULATIONS Mr. Phillips acknowledges and agrees that the Board has jurisdiction over him and over the subject matter of this case. Consent Order Timothy John Phillips, PA-C Page 3 of 7
4 Mr. Phillips knowingly waives his right to any hearing and to any judicial review or appeal in this case. Mr. Phillips acknowledges that he has read and understands this Consent Order and enters into it voluntarily. Mr. Phillips 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 Mr. Phillips s consent, it is ORDERED that: 1. Mr. Phillips s North Carolina physician assistant license was SUSPENDED for one hundred and twenty (120 days. The period of active suspension ran from October 20, 2016 until February 17, Mr. Phillips shall maintain his current contract with NCPHP and abide by its terms, including the timely payment of any fees required by NCPHP. 3. Unless lawfully prescribed for him by someone other than himself, Mr. Phillips shall refrain from the use or possession of alcohol and all other mind- or mood-altering substances and all controlled substances including but not limited to, sedatives, stimulants, and pain medication. 4. Mr. Phillips shall notify the Board in writing within Consent Order Timothy John Phillips, PA-C Page 4 of 7
5 ten (10 days of his use of such medication. This notice shall include, but shall not be limited to, identification of the prescribing physician and of the pharmacy filling the prescription. 5. Upon request by the Board, Mr. Phillips shall supply urine, blood, hair, or any other bodily fluid or tissue sample the Board might reasonably require for the purposes of analysis to determine if he has consumed any of the substances mentioned above. 6. Mr. Phillips shall obey all laws. Likewise, he shall obey all rules and regulations involving the practice as a physician assistant. 7. Mr. Phillips shall notify the Board in writing of any change in his residence or practice addresses within ten (10 days of the change. 8. Mr. Phillips shall meet with the Board or members of the Board for an investigative interview at such times as requested by the Board. 9. If Mr. Phillips 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 Consent Order Timothy John Phillips, PA-C Page 5 of 7
6 physician assistant license and to deny any application he might make in the future or then have pending for a license. 10. This Consent Order shall take effect immediately upon its execution by both Mr. Phillips and the Board, and it shall continue in effect until specifically ordered otherwise by the Board. 11. Mr. Phillips hereby waives any requirement under any law or rule that this Consent Order be served on him. 12. Upon execution by Mr. Phillips and the Board, this Consent Order shall become a public record within the meaning of 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 12th day of July, NORTH CAROLINA MEDICAL BOARD By: Eleanor E. Greene, M.D. President Consent Order Timothy John Phillips, PA-C Page 6 of 7
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