yy\ 0. '(' ch \ '-\ I?-..D I, ;z.,

Transcription

1 PHYSICAL THERAPY BD OF CA 91 0 P.00/01 BEFORE TIrE PHYSICAL THERAPY BOARD DEPARTMENT'OF CONSUMER AFFAIRS STAT:E 'OF CAL~ORNIA In the Matter of the Accuss:tion ) Case -#: 1 D Against ) ) Julie Moerke, PT A ) Morehead Road ) Crescent City, CA 91 ) l ~ )--~ ~ License No. AT 01 ) DECISION AND:ORDER. Th~ attached Stipulated Revocation of License and Order is hereby adopted by the Physical Therapy Board, Department of Consumer Affairs, State of California, as.its Decision in the above-entitled matter... This decision shall become effective on yy\ 0. '(' ch \ '-\ I?-..D I, ;z., It is so ordered on.~ \0 l'" LA.. C\. '{"\.. D J.' Alviso, PI, DPT, President. FOR THE PHYSICAL TI-IERAPY BOARD OF CALIFORNIA, DEPARTMENT OF CONSUMER AFFAIRS

2 1 KAMALA D. HARRIS Attorney General of California GAIL M. HEPPELL Supervising Deputy Attorney General. ROBERT C. MILLER Deputy Attorney General State Bar No I Street, Suite 1 P.O. Box 9 Sacramento, CA 9- Telephone: (91) - Facsimile: (91) - Attorneysfor Complainant 9 BEFORE THE PHYSICAL THERAPY BOARD OF CALIFORNIA DE-PARTMENT~(jF-e(jNStJMERJtFFMRS!-~------I--- I STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. ID JULIE MOERKE,PTA Morehead Road Crescent City CA 91 Physical Therapist Assistant No. AT01 Respondent. STIPULATION FOR REVOCATION OF LICENSE AND ORDER 1 1 IT IS. HEREBY STIPULATED AND AGREED by and between the parties in this preceeding that the following matters are true: PARTIES 1. Rebecca Marco (Complainant) is the Executive Officer ofthe Physical Therapy Board ofcalifornia. She brought this action solely in her official capacity and is represented in this matter by Kamala D. Harris, Attorney General of the State of California, by Robert C. Miller, Deputy Attorney General.. lulie Moerke, PTA (Respondent) is represented in this proceeding by attorney Diana E. Godwin, whose address is 0 NE Irving, Suite 0, Portland, OR 9.. On or about April 1,01, the Physical Therapy Board of California issued Physical Therapy Assistant License No. AT01 to Julie Moerke, PTA (Respondent). Said license is current and will expire on May 1, 1, unless renewed. 1 StIpulated Surrender of LIcense (CaseNo. ld )

3 1 JURISDICTION. Accusation No. 1D was filed before the Physical Therapy Board of California (Board), Department of Consumer Affairs, and is currently pending against Respondent. The Accusation and all other statutorily required documents were properly served, on Respondent on February,. Respondent timely filed her Notice of Defense contesting the Accusation. A copy ofaccusation No. 1D is attached as Exhibit A and incorporated by reference. r '9-1' 'ADMISEMENT.AND WALYERS,. Respondent has carefully read, fully discussed with counsel, and understands the charges and allegations in Accusation No. 1D. Respondent also has carefully read, 1 fully discussed with counsel, and understands the effects ofthis StipUlation for Revocation of 1 License and Order. 1. Respondent is fully aware ofher legal rights in this matter, including the right to a 1 hearing on the'charges'and allegations in the Accusation; the right to be represented by counsel, at 1 her own expense; the right to confront and cross-examine the witnesses against her; the right to 1 present evidence and to testify on her own behalf; the right to the issuance of, subpoenas to compel the attendance ofwitnesses and the production of documents; the right to reconsideration and court review of an adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws. 1. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every right set forth above. CULPABILITY. Respondent admits the truth of each and every charge and allegation in Accusation No. 1D, and agrees that cause yxists to revoke her license under Business and Professions Code section Respondent understands that by signing this stipulation she enables the Board to issue an order accepting the surrender ofher physical therapist assistant license without further process. Stipulated Surrender oflicense (Case No.1 D )

4 . Respondent understandsthafpursuantto Business and Professions Code section. 1., she may not petition the Board for reinstatement ofher license for three years from the effective date oftheboard 's order. Respondent further understands that no petition for reinstatement shall be considered while she is under sentence for any criminal offense including any period which she is on court-ordered probation or parole. CONTINGENCY. This stipulation shall be subject to approval by the Physical Therapy Board of r-----~--,~ , Physical Therapy Board of California may communicate directly with the Board regarding this stipulation and revocation, without notice to or participation by Respondent or her counsel. By signing this stipulation, Respondent understands and agrees that she may not withdraw her agreement or seek to rescind this stipulation prior to the time the Board considers and acts upon it..lfthe Board fails to adopt this stipulation as its Decision and Order, the Stipulation for Revocation oflicense shall be ofno force or effect, except for this paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not be disqualified from further action by having considered this matter. 1. The parties understand and agree that facsimile copies ofthis Stipulation for Revocation oflicense and Order, including facsimile si~atures thereto, shall have the same force and effect as the originals. 1. In consideration ofthe foregoing admissions and stipulations, the parties agree that the Board may, without further notice or fonnal proceeding, issue and enter the following Order: ORDER IT IS HEREBY ORDERED that Physical Therapist Assistant License No.AT01, issued to Respondent Julie Moerke, PTA, is revoked by the Physical Therapy Board ofcalifornia. 1. The revocation ofrespondent's physical therapist assistant license shall constitute the imposition ofdiscipline against Respondent. This stipulation constitutes arecord ofthe discipline Stipulated Surrender of License (Case No. )

5 ' 1 and shall become a part ofrespondent's license history with the Physical Therapy Board of California.. Respondent shall lose all rights and privileges as a Physical Therapist Assistant in California as ofthe effective date ofthe Board's Decision and Ordet.. Respondent shall cause to be delivered to the Board her pocket license and, ifone was issued, her wall certificate on or before the effective date of the Decision and Order.. If Respondent ever files an application for licensure or a petition for reinstatement in the State of California, the Board shall treat it as a petition for reinstatement. Respondent must r ,----- )--. -compl-y-with-al-l-the-laws,regulations-and-pf0g clufes-for-reinstatement-of-a-rev0ked-i-icense-in--t--- effect at the time the petition is filed, and all ofthe charges and allegations contained in Accusation No.1D shall be deemed to be true, correct and admitted by Respondent 1 when the Board determines whether to grant or deny the petition. ' IfRespondent should ever apply or reapply for a new license or certification, or petition for reinstatement of a license, by' any other health care licensing agency in the State of ' California, all ofthe charges and allegations contained in Accusation, No. ID shall be deemed to be true, correct, and admitted by Respondent for the purpose of any Statement of Issues or any other proceeding seeking to deny or restrict licensure. 1 ACCEPTANCE I have carefully read the above StipUlation for Revocation ofllcense and Order and have fully discussed it with my attorney, Diana E. Godwin. I understand the stipulation and the effect it will have on my physical therapist assistant license. I enter into this stipulation voluntarily, knowingly, and intelligently, and agree to be bound by the Decision and Order ofthe Physical Therapy Board of California. DATED: 0" If"""'! - II I IE MOERKE, PTA -" Respondent Stipulated Surrender oflicense (Case No. 1D )

6 I have read and fully discussed with Respondent Julie Moerke, PTA the terms and conditions and other matters contained in this Stipulation for Revocation oflicense and Order. I approve its form and content. DATED: {(~(- (I :------'---~9- ENDORSEMENT The foregoing Stipulation for Revocation oflicense and Order is hereby respectfully submitted for consideration by the Physical Therapy Board ofcalifornia ofthe Department of Consumer Affairs Dated: / Iv!I SA Stipulation.rtf Respectfully submitted, Supe KAMALA D. HARRIS Attorney General ofcalifornia GAIL M. PPELL si ~D~~;1 ' R RT C. MILLER De uty Attorney General Attorneysfor Complainant Stipulated Surrender oflicense (Case No. )

7 Exhibit A Accusation No. ID

8 I I, KAMALA D. HARRIS Attorney General of California GAIL M. HEPPELL Supervising Deputy Attorney General ROBERT C. MILLER Deputy Attorney General State Bar No I Street, Suite 1 P.O. Box 9 Sacramento, CA 9- Telephone: (91) - Facsimile: (91) - Attorneysfor Complainant BEFORE THE I~~._--=P--=-H=-Y~SICAL THERAPY BOARD OF CALIFORNIA DEPAl{TMENT-OFTONSlJMER-ltF}i'itIRS,------: i-- STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. ID ~ULIE MOERKE, PTA Morehead Road Crescent City CA 91 Physical Therapy Assistant No. AT01 Complainant alleges: Respondent. PARTIES ACCUSATION 1. Steven K. Hartzell (Complainant) brings this Accusation solely in his official capacity as the Executive Officer of the Physical Therapy Board of California, Department ofconsumer Affairs.. On or about April 1, 01, the Physical Therapy Board of California issued Physical Therapy Assistant No.. A T01, to Julie Moerke, PTA (Respondent). Said license is current and will expire on May 1, 1, unless renewed. JURISDICTION. This Accusation is brought before the Physical Therapy Board of California (Board), Department of Consumer Affairs, under the authority ofthe following laws. All section references are to the Business and Professions Code unless otherwise indicated. 1 Accusation

9 1,. Section 09 of the Code states: "The board shall issue, suspend, and revoke licenses and approvals to practice physical therapy as provided in this chapter.". Section 0 ofthe Code states in pertinent part: "The board may, after the conduct of appropriate proceedings under the Administrative Procedure Act, suspend for not more than 1 months, or revoke, or impose probationary conditions upon any license, certificate, or approval issued under this chapter for unprofessional conduct that includes, but is not limited to, one or any combination of the following causes: 9 1 "(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a physical therapist or physicaltherapist assistant. The record of conviction or a certified copy thereof shall be conclusive evidence ofthat conviction , 1 1 "(h) Conviction of a violation of any of the provisions of this chapter or of the Medical Practice Act, or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of this chapter or ofthe Medical PracticeAct.". Section 9 ofthe Code states in pertinent part: "(a) The use... of alcoholic beverages to the extent, or in such a manner as to be dangerous or inj urious to the licensee, or to any person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record,ofthe conviction is conclusive evidence of such unprofessional conduct." '. Section 1. ofthe Code states in pertinent part: "(a) In any order issued in resolution of a disciplinary proceeding before the board, the board may request the administrative lawjudge to direct any licensee found guilty of Accusation

10 unprofessional conduct to pay to the board a sum not to exceed the actual and reasonable costs of 9-" the investigation and prosecution of the case. ItCb) The costs to be assessed shall be fixed by the administrative law judge and shall not in any event be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount ofthe assessed costs specified in theproposed decision.". Section 1 of the Code states: II A plea or verdict of guilty or a conviction following a plea of nolo' contendere made toa cnarge-ofa-fei-ny-orof-any-offense-which-substantiah-y-relates-te-the-ej.uali-bgatiens,fungtiells,gr 1-,---- duties of a physical therapist is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1. ofthe Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. II 9. California Code of Regulations, title 1, section?., states: "For the purposes of denial, suspension or revocation of a license, pursuant to Division 1. (commencing with Section ) ofthe code; a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license under the Physical Therapy PractIce Act if to a substantial degree it evidences present or potential unfitness of a person to perform the functions authorized by the license or approval in a manner consistent with the public health, safety or welfare. Such crimes or acts shall include but not be limited to the following: n(a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to vio late any provision or term of the Physical Therapy Practice Act.. neb).conviction of a crime involving fiscal dishonesty arising out of or in connection with the practice of physical therapy. Accusation

11 "(C) Violating or attempting to violate any provision or tenn oithe Medical Practice Act.". Section 9 ofthe Code states: "Notwithstanding any other provision oflaw, in a proceeding conducted bya board within the department pursuant to law to deny an application for a license or to suspend or revoke a license or otherwise take disciplinary action against a person who holds a license, upon the ground that the applicant or the licensee has been convicted of a crime substantially related to the qualifications, functions, and duties of the licensee in question, the record of conviction ofthe crime shall be conclusive evidence ofthe fact that the conviction occurred, but only ofthat fact, - and the ooara may inquireintote circumstancessurrouncling tnec-o-rrlitlts"si-o-n-o-fthe-crimein--i--- order to fix the degree of discipline or to determine ifthe conviction is substantially related to the _ qualifications, functions, and duties ofthe licensee in question. "As used in this section, 'license' includes 'certificate,' 'permit,' 'authority,' and 'registration."' FIRST CAUSE FOR DISCIPLINE (Conviction of a Crime) [B&P Code sec. 0( d)l. Respondent is subject to disciplinary action under section 0(d) ofthe Code in that she was convicted of a violation ofvehicle Code section 1(a), driving while under the - influence of alcohol. The circumstances are as follows: 1. On or about May, 0, Respondent was convicted by guilty plea in Del Norte County Superior Court case number CRTR0-1, of a violation ofvehic1e Code section 1( a), driving while under the influence of alcohol. Respondent was charged $1,0.00 in fines, assessments and fees, and was sentenced to the Three Month First Offender Program. 1. Based on the conduct described above, respondent violated section 0(d) ofthe Code which constitutes unprofessional conduct and is therefore grounds for discipline against her license. III III Accusation

12 SECOND CAUSE FOR DISCIPLINE (Conviction of a Crime) [B&P Code sec; 0( d)] 1. Respondent is subject to disciplinary action under section 0(d) of the Code in that she was convicted of a violation of Vehicle Code syction 1(b), driving a vehicle with a blood-alcohol level of.0 percent or above. The circumstances are as follows: 1. On or about November, 09, Respondent was convicted by guilty plea in Del Norte County Superior Court case number CRTR09-9, of a violation ofvehicle Code section 1(b), driving a vehicle with a blood-alcohol level of.0 percent or above. It was further 9- alleged that Respondenthad suffered a prior conviction TOfClfiving wliile uncler tne influerrcro-talcohol (Veh. Code sec. 0); had a blood alcohol measurement in excess of.1 percent (.) (Veh. Code sec. ); possession of an open container of alcohol while driving (Veh.Code sec.. 1 a); and resisting arrest (Pen. Code sec. (A)(l)). Respondent was charged $,0.00 in 1 fines, assessments and fees; and was sentenced to days in county jail; was ordered to complete 1 the Second Offender Alcohol Treatment Program; and was ordered to install an ignition lock on 1 her vehicle Based on the conduct described above, Respondent violated section 0( d) of the 1 Code which constitutes unprofessional conduct and is therefore grounds for discipline against her license. THIRD CAUSE FOR DISCIPLINE (Conviction of more than one alcohol related crime) IB&P Code sees. 0(h), 9] Respondent is subject to disciplinary action under sections 0(h) and 9, in that she violated the Medical Practice Act by suffering criminal convictions for two alcohol related offenses. The circumstances are as follows:,. Paragraphs through 1 above, are realleged here as if fully set forth. Respondent's 0 and 09 criminal convictions for violations of Vehicle Code sections 1(a) and 1 (b), respectively, are in violation of section 0(h) of the Code, a violation of the Medical Practice Act, specifically section 9, more than one misdemeanor or any felony involving the use, consumption, or self-administration of alcohol. Accusation

13 1. Based on the conduct described above, respondent violated sections 0(h) and 9 ofthe Code which constitutes unprofessional conduct and is therefore grounds for discipline against her license. FOURTH CAUSE FOR DISCIPLINE (Excessive Use of Alcohol) [B&P Code sec. 0(h), 9]. Respondent is subject to disciplinary action under section 0(h) and 9 of the Code in that she used alcohol to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any person or to the public, orto the extent that such use impairs the ability of t------,9-1~-, ;c;-----~--.---~ the licensee to practice. The circumstances are as fr;cow~s:-: Paragraphs through above, are realleged here as iffully set forth. Respondent's convictions of driving while under the influence of alcohol within a three year period demonstrate her excessive and potentially dangerous or injurious abuse of alcohol.. Based on the conduct described above, respondent violated sections 0(h) and 9 ofthe Code which constitutes unprofessional conduct and is therefore grounds for discipline against her license. DISCIPLINE CONSIDERATIONS. To determine the degree of discipline, if any, to be imposed on Respondent, Complainant alleges that on or about September 1,0, in a prior action, the Physical Therapy Board of California issued Citation Number and ordered Respondent to pay $.00. to the Physical Therapy Board. That Citation is now final and is incorporated by reference as if fully set forth. PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the bearing, the Physical Therapy Board of California issue a decision: 1. Revoking or suspending Physical Therapy Assistant Number AT01, issued to Julie Moerke, PTA; Accusation

14 1. Ordering Julie Moerke, PTA to pay the Physical Therapy Board of California the 1. reasonable costs ofthe investigation and enforcement of this case, pursuant to Business and Professions Code section 1.;. Taking such other and further action as deemed necessary and proper. DATED:.'fp\0~'l ti. N 1-,-DII STEVEN K. HARTZELL Executive Officer I---~-----'I =P~hysical Therapy Board of California 9. Department of Consumer Affairs SA I01.doc State of California Complainant Accusation