Stipulation to Informal Disposition -- St. of Wash. v. Major Davis

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STATE OF WASHINGTON

DEPARTMENT OF HEALTH

Olympia, Washington 98504

RE: Jason L. Davis, MDMaster Case No.: M2011-1653

Document: Stipulation to Informal Disposition

Regarding your request for information about the above-named practitioner; attached isa true and correct copy of the document on file with the State of Washington,

Department of Health, Adjudicative Clerk Office. These records are consideredCertified by the Department of Health.

Certain information may have been withheld pursuant to Washington state laws. While

those laws require that most records be disclosed on request, they also state thatcertain information should not be disclosed.

The following information has been withheld: NONE

If you have any questions or need additional information regarding the information that

was withheld, please contact:

Customer Service Center

P.O. Box 47865Olympia, WA 98504-7865Phone: (360) 236-4700

Fax: (360) 586-2171

You may appeal the decision to withhold any information by writing to the PrivacyOfficer, Department of Health, P.O. Box 47890, Olympia, WA 98504-7890.



STATE OF WASHINGTON


MEDICAL QUALITY ASSURANCE COMMISSION

I n the Matter of the License to Practice

as a Physician and Surgeon of:

Res ondent

No. M2011·1653

JASON L. DAVIS, MDLicense No. MD0046375

STIPULATION TO INFORMAL

DISPOSITION

Pursuant to the Uniform Disciplinary Act, Chapter 18.130 RCW, the Medical

Quality Assurance Commission (Commission) issued a Statement of Allegations and

Summary of Evidence (Statement of Allegations) alleging the conduct described below.

Respondent does not admit any of the allegations. This Stipulation to Informal

Disposition (Stipulation) is not formal disciplinary action and shall not be construed as a

finding of unprofessional conduct or inability to practice.

1. ALLEGATIONS

1.1 On April 24, 2006., the state of Washington issued Respondent a license

to practice as a physician and surgeon. Respondent's license is currently active.

Respondent is a board-certifieo cardiologist.1.2 Respondent is a Major in the US Army. Respondent has served as a

cardiologist at Madigan Army Medical Center (Madigan) since completing six years of

medical training at Brooke Army Medical Center at Fort Sam Houston in 2004.

1.3 Respondent became Madigan's Chief of Cardiology in late 2008.

1.4 Respondent was one of only two cardiac surgeons at Madigan who

controlled whether a patient would be recommended for an implantable cardiac

pacemaker or defibrillator and which manufacturer's device would be selected for a

Madigan patient.

1.5 In violation of federal law and Army regulations, Respondent accepted a

salary, meals, wine, alcohol, travel, and entertainment from a wholly-owned subsidiary

of Boston Scientific, a manufacturer of cardiac rhythm management devices.

Specifically, Respondent was paid an illegal salary by Boston Scientific to conduct

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training during surgery that Respondent performed as part of his official duties as an

Army cardiologist.

1.6 In response to allegations concerning Respondent, the Department of

Defense and US Army initiated an investigatIon of Boston Scientific. In October 2010,

Boston Scientific's subsidiary reached a settlement with the US Attorney in which the

company agreed to pay the United States $600,000. The settlement agreement was

premised on the US Attorney's allegations that Boston Scientific's subsidiary had

provided gratuities and payments to Respondent "for or because of official acts that [the

company] hoped [Respondent] would perform or had performed relating to [Madigan's]

purchase of [the company's] products."

1.7 On January 10, 2011, in the US District Court for the Western District of

Washington the US Attorney charged that Respondent: "was an officer ... of the United

States Government; '" that he received a salary, contribution to his salary, or

supplementation to his salary as compensation for his services; and ... that the

contribution, supplementation, or additional payment came from a source other than the

United States."

1.8 On January 12, 2011, Respondent pled guilty to the federal equivalent of

a gross misdemeanor for having accepted the illegal salary from Boston Scientific. As

part of that agreement the United States agreed "not to prosecute all of the criminalcharges the evidence establishe[d] were committed by" Respondent. Respondent was

sentenced on October 7, 2011.

2. STIPULATION

2.1 The Commission alleges that the conduct described above, if proven,

would constitute a violation of RCW 18.130.180(1), (7) and (17).

2.2 The parties wish to resolve this matter by means of a Stipulation to

Informal Disposition (Stipulation).pursuant to RCW 18.130.172(1).

2.3 Respondent agrees to be bound by the terms and conditions of this

Stipulation.

2.4 This Stipulation is of no force and effect and is not binding on the parties

unless and until it is accepted by the Commission.

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2.5 If the Commission accepts the Stipulation it will be reported to the Health

Integrity and Protection Databank (HIPDB)(45 CFR Part 61), the Federation of State

Medical Board's Physician Data Center, and elsewhere as required by law. HIPDB will

report this Stipulation to the National Practitioner Data Bank (45 CFR Part 60).

2.6 The Statement of Allegations and this Stipulation are public documents.

They will be placed on the Department of Health web site, disseminated via the

Commission's electronic mailing list, and disseminated according to the Uniform

Disciplinary Act (Chapter 18.130 RCW). They are subject to disclosure under the Public

Records Act, Chapter 42.56 RCW, and shall remain part of Respondent's file according

to the state's records retention law and cannot be expunged.

2.7 The Commission agrees to forego further disciplinary proceedings

concerning the allegations.

2.8 Respondent agrees to successfully complete the terms and conditions of

this informal disposition.

2.9 A violation of the provisions of Section 3 of this Stipulation, if proved,

would constitute grounds for disciplme under RCW 18.130.180 and the imposition of

sanctions under RCW 18.130.160.

3. INFORMAL DISPOSITION

The Commission and Respondent stipulate to the following terms:

3.1 Probation. The Commission places Respondent's license on probation

for up to 24 months from the effective date of this Stipulation. This period may be

extended by the Commission if the Respondent is unable to complete the other terms of

the Stipulation during that period due to unanticipated, extended overseas military

deployments.

3.2 ProBE Ethics Program. Respondent must attend and successfully

complete the Professional/Problem-Based Ethics (ProBE) program offered by the

Center for Personalized Education for Physicians (ePEP), within nine months of his

return from deployment in Afghanistan. If Respondent does not deploy by June 2012,

he must attend the ProBE Program before his deployment. Successful completion of the

program means that Respondent must receive an "unconditional pass" at the conclusion

of the program. Respondent must provide the course instructors with a copy of this

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Stipulation prior to the start of the program. Respondent must sign all necessary

waivers to allow the Commission staff to communicate with and provide file materials to

the CPEP staff and course instructors as needed. Respondent must notify the

Commission at least fifteen (15) days in advance of the date he plans to attend the

ProBE Program so that Commission staff may provide CPEP with the Respondent's file.

Respondent must submit proof of his satisfactory completion of the program to the

Commission. Respondent must also submit a copy of the written report required by the

program to the Commission. If the course instructors inform the Commission that

Respondent did not receive an "unconditional pass," the Commission may require

Respondent to repeat the program.

3.3 Address. All communications required by this Stipulation must be sent to:

Compliance Officer, Medical Quality Assurance Commission, PO Box 47866, Olympia,

Washington 98504-7866.

3.4 Obey Laws. Respondent must obey all federal, state and local laws and

all administrative rules governing the practice of the profession in Washington.

3.5 Costs. Respondent must assume all costs of complying with this

Stipulation.

3.6 Violations. If Respondent violates any provision of this Stipulation in any

respect, the Commission may initiate further action against Respondent's license.

3.7 Change of Station and Change of Address. Respondent must inform

the Commission and the Adjudicative Clerk Office in writing, of his deployments, return

from deployments, delays in anticipated deployments, change of station, and changes

in his residential address within thirty (30) days of such change.

3.8 Effective Date. The effective date of this Stipulation to Informal

Disposition is the date the Adjudicative Clerk Office places the Stipulation signed by the

Commission into the U.S. mail.

3.9 Termination of Stipulation. Respondent may petition the Commission in

writing to terminate this Stipulation after completing all requirements of the Stipulation.

The Commission will issue a notice scheduling a date and time for Respondent to

appear, unless the Commission waives the need for a personal appearance.

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4. COMPLIANCE WITH SANCTION RULES

4.1 The Commission applies WAC 246-16-800, et seq., to determine

appropriate sanctions. Tier A of the "Criminal Convictions" sanction schedule, WAC

246-16-860, applies to cases where a Respondent has been convicted of a crime notinvolving sexual offenses, for which the possible imprisonment exceeded 90 days.

Respondent pled guilty to a misdemeanor for which the possible imprisonment was up

to one year. Therefore, Tier A is the appropriate sanction schedule.

4.2 Tier A requires the imposition of sanctions ranging from no oversight to

five years of oversight. Under WAC 246-16-800(3)(d), the starting point for the duration

of the sanctions is the middle of the range. The Commission uses aggravating and

mitigating factors to move towards the maximum or minimum ends of the range. The

aggravating and mitigating factors in this case, listed below, justify moving toward the

minimum end of the range.

4.3 The sanctions in this case are successful completion of the ProBE

Program, and probation until Respondent has successfully completed the program.

Although this could be accomplished in as few as four months, the Commission has

provided a more flexible timeline for Respondent's completion of the program due to his

impending military deployment to Afghanistan. The Stipulation provides that'

Respondent may petition to have the probation terminated as soon as he completes the

ProBE Program with an "unconditional pass."

4.4 These sanctions are appropriate within the Tier A range given the facts of

the case and the following aggravating and mitigating factors:

A. Aggravating factors: Respondent is a US Army officer and Chief of

Cardiology at Madigan and had an obligation to know it was wrong to use his

position and the Madigan treatment facility for personal gain, and he stated to the

Commission that he believed he was breaking Army rules at the time he took

Boston Scientific's gratUities and payments, but created a construct in his mind to

justify these violations;

B. Mitigating factors: Respondent offered to provide information to the US

Attorney to assist in the investigation of Boston Scientific's payments to him; the

US Attorney did not contend that Boston Scientific's payments affected the


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quality of care patients received at Madigan; and, Respondent's plea agreement

required him to pay a fine and restitution equal to the value of the payments,

meals, alcohol, wine and entertainment he received from Boston Scientific.

5. RESPONDENT'S .ACC EPTANCE

I, JASON L . DAVIS, MD, Respondent, certify that I have read this Stipulation to

Informal Disposition in its entirety;. that my counsel of record, if any, has fully explained

the legal significance and consequence of it; that I fully understand and agree to all of it;

and that it may be presented to the Commission without my appearance. If the

Commission accepts the Stipulation to Informal Disposition, I understand that I will

receive a signed copy.

DATE

, WSBA#

ATTORNEY FOR RESPONDENT

DATE


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6. COMMISSION'S ACCEPTANCE

The Commission accepts this Stipulation to Informal Disposition. All parties shall

be bound by its terms and conditions.

DATED:

d ~ M,2012.

STATE OF WASHINGTON


MEDICAL QUALITY ASSURANCE COMMISSION

PANEL CHAIR


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Documents

Stipulation to Informal Disposition -- St. of Wash. v. Major Davis