BEFORE THE NORTH CAROLINA MEDICAL BOARD In Re: Gregory Damon Shanton, P.A., Petitioner. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL ORDER The North Carolina Medical Board ( Board heard this matter on December 14, 2017. Board members present were Timothy E. Lietz, M.D., Board President and Presiding Officer; Debra A. Bolick, M.D., Board Member; Eleanor E. Greene, M.D., Past Board President and Board Member; A. Wayne Holloman, Board Member; Venkata Jonnalagadda, M.D., Board Member; Bryant A. Murphy, M.D., Board Member; Jerri L. Patterson, N.P., Board Member; and Barbara E. Walker, D.O., Board Member. The Honorable Fred M. Morelock, Independent Counsel, assisted the Board. Brian Blankenship, Deputy General Counsel, represented the Board. Petitioner Gregory Damon Shanton, P.A. ( Mr. Shanton represented himself. Based upon the evidence presented and arguments of counsel and Mr. Shanton, the Board enters the following: FINDINGS OF FACT 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 to it in Article 1 of Chapter 90 of the North Carolina General Statutes. and Final Order Gregory Damon Shanton, P.A. Page 1 of 5
2. Mr. Shanton is a physician assistant first issued a license by the Board on July 17, 1995, license number 101943. 3. On October 21, 2004, the Board suspended Mr. Shanton s license for twelve (12 months, with all but thirty (30 days stayed and other conditions, due to his diversion of controlled substances to patients and close family members. 4. On April 3, 2007, the Board summarily suspended Mr. Shanton s license due to his substance abuse and depression. 5. On July 3, 2007, the Board executed a Consent Order in which Mr. Shanton s license was indefinitely suspended due to his substance abuse and depression. 6. On September 27, 2007, the Board executed a Consent Order reissuing Mr. Shanton s license under certain conditions, which included refraining from alcohol and maintaining his North Carolina Physicians Health Program contract. 7. On November 3, 2010, the Board executed a Consent Order that indefinitely suspended Mr. Shanton s license due to a violation of his September 2007 Consent Order. Mr. Shanton violated the September 2007 Consent Order by consuming alcohol and controlled substances to the point of intoxication. 8. Mr. Shanton last practiced as a physician assistant in July 2010. 9. On November 13, 2016, the Board received Mr. Shanton s and Final Order Gregory Damon Shanton, P.A. Page 2 of 5
10. On August 31, 2017, the Board denied Mr. Shanton s 11. On September 13, 2017, the Board received Mr. Shanton s request for a formal hearing on the Board s denial of Mr. Shanton s CONCLUSIONS OF LAW 1. The Board has jurisdiction over Mr. Shanton and the subject matter of this case. 2. Mr. Shanton s unprofessional conduct, described and admitted to in his October 21, 2004 Consent Order with the Board, is a basis to deny his application for reinstatement of license to practice medical acts, tasks and functions as a physician assistant pursuant to N.C. Gen. Stat. 90-14(a(6. 3. Mr. Shanton s violation of a law involving the practice of medicine, described and admitted to in his October 21, 2004 Consent Order with the Board, is a basis to deny his application for reinstatement of license to practice medical acts, tasks and functions as a physician assistant pursuant to N.C. Gen. Stat. 90-14(a(7. 4. Mr. Shanton s excessive use of alcohol, drugs or chemicals, described and admitted to in his July 3, 2007 Consent Order with the Board, and which led to Mr. Shanton being unable to practice medicine with reasonable skill and safety to patients, is a basis to deny his application for reinstatement of his license and Final Order Gregory Damon Shanton, P.A. Page 3 of 5
to practice medical acts, tasks and functions as a physician assistant pursuant to N.C. Gen. Stat. 90-14(a(5. 5. Mr. Shanton s excessive use of alcohol, drugs or chemicals, described and admitted to in his November 3, 2010 Consent Order with the Board, and which led to Mr. Shanton being unable to practice medicine with reasonable skill and safety to patients, is a basis to deny his application for reinstatement of his license to practice medical acts, tasks and functions as a physician assistant pursuant to N.C. Gen. Stat. 90-14(a(5. 6. Mr. Shanton s not having actively practiced as a physician assistant for the two-year period immediately preceding the filing of the application to reactivate his suspended license is a basis to deny his application for reinstatement of his license to practice medical acts, tasks and functions as a physician assistant pursuant to N.C. Gen. Stat. 90-14(a(11a. FINAL ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, the Board sustains its denial of Mr. Shanton s Physician Assistant Reinstatement Application. Mr. Shanton s application for reinstatement of his license to practice medical acts, tasks and functions as a physician assistant is hereby DENIED. and Final Order Gregory Damon Shanton, P.A. Page 4 of 5
By Order of the North Carolina Medical Board this the 26th day of January, 2018. NORTH CAROLINA MEDICAL BOARD By: Timothy E. Lietz, MD President and Final Order Gregory Damon Shanton, P.A. Page 5 of 5