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TEXAS MEDICAL LICENSE NO. D-7112 IN THE MATTER OF | BEFORE THE DISCIPLINARY PANEL THE LICENSE OF i OF THE PHILIP LLEWELLYN KELTON, JR., M.D. TEXAS MEDICAL BOARD, ORDER OF TEMPORARY SUSPENSION (Wit Norice oF Hearinc) On January 31, 2018, at the direction and approval of Sherif Zaafran, M.D., President of the Texas Medical Board, Jeffrey Luna, M.D., Frank Denton, and Paulette B. Southard were appointed to sit as a Disciplinary Panel (“Panel”) in this matter, pursuant to Section 164.059(a) of the Medical Practice Act and 22 Tex. Admin. Code § 187.56. Philip Llewellyn Kelton, M.D. (“Respondent”), appeared in person and was represented by Dan Garrigan. Ann Skowronski represented Board staff. Based on evidence submitted, the Board through this Panel makes the following Findings of Fact and Conclusions of Law and enters this Order of Temporary Suspension (with Notice of Hearing): FINDINGS, 1. Respondent is a Texas physician and holds Texas Medical License Number D- 7112, issued by the Board on August 15, 1970, which was in full force and effect at all times ‘material and relevant to this Application. All jurisdictional requirements have been satisfied 2. At the direction and approval of a committee chair, member of the Executive Committee, or member of an ISC Panel, Sherif Zaafran, M.D., President, appointed Jeffrey Luna, M.D., Frank Denton, and Paulette B. Southard members of the Board to sit as a Disciplinary Panel in this matter, pursuant to the Medical Practice Act, TEX. Occ. CoDE ANN. Title 3, Subtitle B (the “Act”) § 164.059(a) and 22 Tex. ADMIN. CODE § 187.56. 3. ‘The Panel convened with notice, pursuant to Section 164.059(c) of the Act. 4, From January to November 2017, Respondent treated chronic pain patients and atients presenting with a cough at DFW Bridge Care Clinic, located at 3939 Hwy 80 B, Page 1 of $ Mesquite, Texas. The clinic was owned by an individual who is not a licensed health care practitioner. 5. Respondent prescribed an opioid all of patients he treated at DFW Bridge Care Clinic. complaints of pain received hydrocodone, and patients Patients presenting presenting with a cough received codeine cough syrup. None of the patients received a treatment modality, along with the issuance of a prescription on a monthly basis, 6. Because the majority of the DFW Bridge Care Clinic patients received an opioid on a monthly basis, the clinic was required to have been registered with the Board as a pain management clinic. However, the clinic was not registered. 7. Respondent operated DFW Bridge Clinic as an unregistered p: management clinic by serving as the sole physician treating patients at the clinic from January to November 2017. 8. Respondent permitted unlicensed office staff to order Schedule II controlled substances (hydrocodone) on an electronic prescription program. 9. Respondent failed to maintain adequate medical documenta treated. Specifically, Respondent did not comply with Board Rules relating to the minimum documentation requirements for the treatment of chronic pain, 10. Respondent prescribed opioids to patients in a manner inconsistent with the public health. Specifically, Respondent stated that he only saw patient for about a minute and a half before issuing prescriptions for opioids. Respondent also stated that he did not perform physical examinations on the patients receiving hydrocodone for the treatment of chronic pain. CONCLUSIONS OF LAW Based on the above Findings of Fact, the Panel concludes the followin, 1. Section 164.059 of the Act authorizes the Disciplinary Panel to temporarily suspend or restrict the medical license of Respondent if the Dis inary Panel determines from evidence presented to it that the Respondent's continuation in the practice of medicine would constitute a continuing threat to the public welfare. 2. Section 164.059(c) of the Act authorizes the Disciplinary Panel to temporarily suspend or restrict the license of the Respondent in a proceeding without notice, if (1) the Board Page 2 of 5 immediately provides notice of the suspension or restriction to the license holder, and (2) a hearing on the temporary suspension or restriction before a disciplinary panel of the Board i scheduled for the earliest possible date after 10 days’ notice of hearing. 3, In addition to being a continuing threat, Respondent’s actions have violated other sections of the Act, specifically a, Section 164.051(a)(3) of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent’s violation of a Board rule, specifically Board Rules 165.1, which requires the maintenance of adequate medical records; and 170.3, relating to the treatment of pain, Section 164.051(a)(6) of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent's failure to practice medicine in an acceptable professional manner consistent with public health and welfare, as further defined by Board Rules 190.8(1)(C), failure to use proper diligence in one’s professional practice. Se mn 164,052(a)(5) of the Act authorizes the Board to take disciplinary action against Respondent based upon Respondent's unprofessional or dishonorable conduet that is likely to deceive or defraud the public, as provided by Section 164,053, or injure the public. Section 164.053(a)(1) of the Act authorizes the Board to take disciplinary action against Respondent if Respondent commits an act that violates any state or federal law if the act is connected with the physician’s practice of medicine, specifically: Tex. Health & Safety Code Section 481.0764, requiring a person authorized to receive information under Section 481.076(a)(5) shall a ss that information with respect to the patient before prescribing or dispensing opioids, benzodiazepines, barbiturates, or carisoprodol. ii, Tex. Health & Safety Code prescribes a controlled substance listed in Schedule II to record the ection 481.075, requiring a practitioner who prescription on an official prescription form or in an electronic prescription and personally validate or electronically sign the electronic prescription as authorized by federal law and transmit the prescription to the dispensing pharmacy. Page 3 of 5 €. Section 164,053(a)(6) of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent prescribing, administering, or dispensing in a manner inconsistent with public health and welfare controlled substances scheduled in Chapter 481 Health and Safety Code; or controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, (21 U.S.C. § 801 et seq.). £ Section 164.053(a)(9) of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent delegating professional medical responsibility or acts to a person whom Respondent knew or had reason to know was not qualified by training, experience, or licensure to perform the responsibility or acts. g. Section 168.202 of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent's operation of an unregistered pain ‘management clinic, as further defined by Chapter 195 of the Boards rules. 4. Based on the evidence presented and the above Findings and Conclusions of Law, the Panel determines that Respondent’s continuation in the practice of medicine would constitute a continuing threat to the public welfare Page 4 of 5 ORDER Based on the above Findings of Fact and Conclusions of Law, the Panel ORI S that 1, Respondent’s Texas Medical License No. D-7112 is hereby TEMPORARILY SUSPENDED. 2. This Agreed Onder of Temporary Suspension (WiTH Norice oF HEARING) is effective on the date rendered. 3. Notice of this Agreed Order of Temporary Suspension (Wirt Novice oF HEARING) shall be given immediately to Respondent. 4 a Signed and entered this >) Trwim ey 2018. _Lak Sh Frank Denton Chair, Disciplinary Panel ‘Texas Medical Board Page 5 of 5

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