EIVED AND FILED BY THE' •• SECRETARY OF THE BOARD 0 Mt ...

,HEr?EvI?VEDAND FILEDBY THE'

SECRETARYOF THE BOARD0 Mt-:])!CALEXAMINERSOF THE

??

STATE OF OREGONTHIS

-~:s.b....1.D.. AY OF.A.~~!11.-..'1.?9T..~.:koRE THE BOARD OF MEDICAL EXAMINERS

-~- ..~y"~?;:???a

re"i?--?-???--- OF THE STATE OF OREGON

3 IN RE THE MATTER OF THE LICENSE ) ORDER ADOPTING HEARINGS

OF LYNNE. ANDERSON, M.D.,

) OFFICER'S PROPOSED FINDINGS

4

) OF FACT, CONCLUSIONS OF LAW,

) OPINION AND ORDER

5

6

The board, having reviewed the attached Hearings Officer's

7 Proposed Findings of Fact, Conclusions of Law, Opinion and Order

8

("Exhibit

A") and having fully considered

said Proposed Findings

9 and Order, Transcript

of Proceeding and exhibits of the May 4,

10 1987, contested case proceeding,

and having fully considered

11 licensee's

written exceptions to the Hearings Officer's

Proposed

12 Findings as well as hearing oral argument on said exceptions

on

13 August 5, 1987, has, by unanimous vote on Wednesday, August 5,

14 1987, adopted and incorporated

herein the said "Exhibit A" as the

15 Findings of Fact, Conclusions

of Law, Opinion and Order of the

16 board, except for the following changes:

17

1. Finding of Fact VIII: "June 2" is changed to July 2, 1986~

18

2. Finding of Fact XV: "July 2" is changed to June 2, 1986.

19

IT IS THEREFORE ORDERED that the license to practice medi-

20 cine in Oregon of Lynn E. Anderson is hereby revoked.

21

DATED this 5th day of August, 1987.

22

BOARD OF MEDICAL EXAMINERS

23

OF THE ST.A~

24

B~i

~,Y)

Chairman 25

NOTICE: You are entitled

to judicial

review of this order.

26

Judicial

review may be obtained by filing a petition

for review within 60 days from the service of this

order.

Judicial

review is pursuant to the provisions

of ORS 183.482.

Page 1 (mlm:12:Lynn)

0230

(--

BEFORE THE BOARD OF MEDICAL EXAMINERS

OF THE STATE OF OREGON

IN RE THE MATTER OF THE LICENSE }

}

of

}

}

LYNNE. ANDERSON, M.D.

}

PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER

This proceeding was heard by Robert M. Keating, hearings

officer assigned by the Board, on May 4, 1987, at Portland,

Oregon. The Board was represented

by Walter Barrie, Assistant

Attorney General, and Dr. Lynn E. Anderson, Licensee, appeared in

person and was represented

by Samuel A. Abady and Roscoe Nelson,

her attorneys.

The record of this proceeding including the

transcript

of testimony and all admitted exhibits,

as well as all

motions and memoranda submitted by counsel, have been reviewed

and considered.

The following findings of fact and conclusions

of law are proposed based upon the entire record.

FINDINGS OF FACT

Lynn Ellen Anderson,

I? M.D., is currently

licensed by the

Oregon State Board of Medical Examiners to practice medicine in

the State of Oregon.

Licensee

received

II.

an invitation

from the Board of

Medical Examiners for an informal interview on November 2, 1983,

and she attended such interview;

she received an invitation

for

an informal interview by the Board of Medical Examiners on March

6, 1985, which she attended,

and she received an invitation

for

1 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER

?EXHIBIT A?

an informal interview with the Board of Medical Examiners on

April 11, 1985, which she attended.

III.

Licensee received a request for informal interview with

the Investigative

Committee of the Board of Medical Examiners of

the State of Oregon to be held on July 2, 1986. The informal

interview of July from the previous

2, 1986, informal

was to cover different

interviews

of November

subject matter 2, 1983,

March 6, 1985, and April 11, 1985. The informal interview of

July 2, 1986, was to discuss the Licensee's

care of four

patients,

i.e., Preston Fullbright,

deceased, Tom Hutchinson,

Cindi Niedermeyer and Mary Lou Brown, deceased.

IV.

On June 2, 1986, Licensee was served with subpoena duces

tecum issued by the Oregon State Board of Medical Examiners over

signature

of its executive

secretary

pursuant to ORS

677.320(2}(e}(3}

requiring

production

and surrender

to the Oregon

State Board of Medical Examiners of copies of all medical records

and patient charts regarding Preston Fullbright,

deceased, Tom

Hutchinson,

Cindi Niedermeyer

and Mary Lou Brown, deceased.

v.

Licensee had not, through the date of the hearing in

this matter, produced or surrendered

to the Oregon State Board of

Medical Examiners the medical records and patient charts

regarding patients mentioned in the subpoena.

2 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER

-(

VI.

Licensee appeared at the informal interview of July 2,

1986, accompanied by counsel, Mr. Samuel A. Abady.

VII.

At the meeting of July 2, 1986, Licensee did not produce

the patient records which were the subject of the subpoena of

June 2, 1986. Dr. Anderson and her counsel were advised that the

Board of Medical Examiners was in the process of carrying out an

investigation

of several complaints against Dr. Anderson but that

there had been no charges filed against her.

VIII.

At the meeting of June 2, 1986, counsel for Licensee

advised the Investigative

Committee that in his opinion the Board

of Medical Examiners had no independent power to compel subpoena

compliance but must seek compliance through an order of the

Circuit Court and reserved the right to decide whether the

documents covered by the subpoena would be produced".

depend[ing]

on what happens here today."

Counsel refused to

acknowledge whether he had the records in his possession during

the informal interview of Dr. Anderson on the care rendered these

patients.

IX.

On September 9, 1986, the Board of Medical Examiners, by

certified

mail, gave notice to Licensee that she was to appear

before the full Board at 9:00 a.m. on October 10, 1986, pursuant

to ORS 677.4135(3) and to bring her medical records on the four

3 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER

patients whose records were the subject of the subpoena of

June 2, 1986. Licensee was advised in that notice that refusal

of the request for informal interview could result in

disciplinary

action

at the Board's discretion.

x.

On October 8, 1986, counsel for Dr. Anderson advised the

counsel to the Board, Mr. Walter Barrie, that his client would

not appear at the October 10, 1986, informal interview.

He

advised Mr. Barrie that it was his intention

to seek declaratory

and injunctive

relief regarding the Board's actions.

XI.

Licensee knowingly failed to appear for the requested

interview on October 10, 1986.

XII.

On October 10, 1986, Licensee made application

to the

presiding judge of the Circuit Court of the State of Oregon for

the County of Multnomah for a temporary restraining

order

restraining

the Oregon Board of Medical Examiners from (1)

enforcing its subpoena duces tecum, (2) suspending or revoking

plaintiff's

license to practice medicine, or (3) imposing other

disciplinary

sanctions.

Licensee did not seek an order

temporarily

restraining

the request for informal interview.

XIII.

The Honorable Clifford B. Olsen, Circuit Court Judge,

acting presiding judge for the Circuit Court of Multnomah County,

denied Licensee's

request for a temporary restraining

order.

4 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER

re

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