BEFORE THE ARIZONA MEDICAL BOARD

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In the Matter of
Board Case No. MD-0!-0813

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JAMES BAIRD, M.D.
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER

Holder of License No. 28720
For the Practice of Medicine
In the State of Arizona.

(Letter of Reprimand & Probation)

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On September 4, 2002 James Baird, M.D., ("Respondent") appeared before a

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Review Committee ("Review Committee") of the Arizona Medical Board ("Board") without

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legal counsel for a formal interview pursuant to the authority vested in the Review

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Committee by A.R.S. § 32-1451(P).

The matter was referred to the Board for

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consideration at its public meeting on October 2, 2002. After due consideration of the
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facts and law applicable to this matter, the Board voted to issue the following findings of
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fact, conclusions of law and order.
FINDINGS OF FACT

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1.

The Board is the duly constituted authority for the regulation and control of

the practice of allopathic medicine in the State of Arizona.
2.

Respondent is the holder of License No. 28720 for the practice of medicine

in the State of Arizona.
3.

The Board initiated case number MD-01-0813 after receiving a report from

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the federal Drug Enforcement Administration ("DEA") that Respondent had been ordering

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controlled substances for his own personal use. The DEA reported that the controlled

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substances included Hydrocodone, Propoxyphene and Diazapam.

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4.
Investigative

Respondent

appeared

Staff and admitted

for
taking

an

investigational

both

interview

Propoxyphene

and

with

Board

Hydrocodone.

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Respondent also acknowledged self-prescribing Propoxyphene for approximately 20

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years and taking 12 to 16 tablets per day.
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After the investigational interview, Respondent entered the Betty Ford

;enter ("Betty Ford") to undergo treatment for substance abuse.

Respondent

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successfully completed treatment at Betty Ford earlier this year and has been privately

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monitored since that time.

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problems with Respondent's behavior. Respondent reported that his sobriety date was

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December 16, 2001.
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Respondent's private monitoring program has reported no

Respondent appeared for formal interview to deal with the issue of his self-

prescribing controlled substances. Respondent admitted to having ordered prescribed or
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controlled substances and diverting them for his own use.
7.

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Respondent reported that he had surrendered his, DE,~, certificate.

Respondent stated that he is currently practicing and occasionally sees patients.
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On May 25, 2000, shortly before completing his licensure application,

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Respondent ordered controlled substances for his personal use.

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Respondent completed his licensure application he entered a "no" answer to question 16,

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which states, "Are you currently engaged in the illegal use of any controlled substance,

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habit forming drug or prescription medicine." Respondent's answer to this question was

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false.

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However, when

CONCLUSIONS
,

OF LAW

The Arizona Medical Board possesses jurisdiction over the subject matter

hereof and over Respondent.
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The Board has received substantial evidence supportingthe Findings of

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Fact described above and said findings constitute unprofessional conduct or other

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grounds for the Board to take disciplinary action.

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3.

The conduct and circumstances described above in paragraphs 3, 4, 6 and

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intemperance in the use of alcohol or habitual substance abuse;")

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("[u]sing controlled substances except if prescribed by anotherphysician for use during a

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prescribed course of treatment;") and 32-1401(24)(jj) ("[k]nowingly making a false or

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misleading statement to the board or on a form required by the board or in written

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correspondence, including attachments, withthe board").

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32-1401(24)(g)

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, IT IS
HEREBY ORDERED that:
1.

Respondent is issued a Letter of Reprimand for self-prescribing and using

controlled substances, and for knowingly making a false statement to the Board.

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2.

Respondent is placed on probationfor five years with the following terms

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and conditions:

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a.

Respondent shall submit quarterly declarations under penalty of

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perjury on forms provided by the Board, stating whether there has been compliance with

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all conditions of probation. The declarations shall be submitted on or before the 15th of

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March, June, September and December of each year, beginning on or before December

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15, 2002.

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b.

Respondent shall pay the costs associated with monitoring his

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3robation as designated by the Board each and every year of probation. Such costs may

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be adjusted on an annual basis. Costs are payable to the Board no later than 60 days

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after the effective date of this Order and thereafter on an annual basis.

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these costs within 30 days of the due date constitutes a violation of probation.

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Failure to pay

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1.

Participation. Respondent shall promptly enroll in and participate in the

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Board's substance abuse treatment and rehabilitation program ("MAP"). As part of his

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participation in MAP, Respondent shall cooperate with Board staff and contracting MAP

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supervisors. Respondent shall remain in.MAP for a period of five years from the effective

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date of this Order.

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2.

Group Therapy.

Respondent shall attend MAP group therapy sessions

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one time per week for the duration of this Order, unless excused by the group therapist

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for good cause such as illness or vacation.

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therapist to release to the Board, upon its request, all records relating to Respondent's

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treatment, and to submit monthly reports to the Board regarding attendance and

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Respondent shall instruct the MAP group

progress. The reports must be submitted on or before the 10th day of each month.
3.

12 Step or Self-Help Group Meetings.
a.

Respondent shall attend ninety 12-step meetings or other self-help

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group meetings appropriate for substance abuse and approved by the Board for a period
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of ninety days beginning not later than

either (a) the first day following his discharge from

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chemical dependency treatment or (b) the effective date of this Order.
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b. Following completion of the ninety meetings in ninety days, Respondent
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shall participate in a 12-step recovery program of other self-help program appropriate for
substance abuse as recommended by the MAP group therapist and approved by the

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Board. Respondent shall attend a minimum of three f12-step or other self-help program

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meetings per week.

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4.

Board-Approved Primary Care Physician.

Respondent shall promptly

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obtain a Primary Care Physician ("PCP") and shall submit the name of the PCP to Board

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Staff in writing for approval. The PCP shall be in charge of providing and coordinating

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Respondent's medical care and treatment. Except in an

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obtain Respondent's medical care and treatment. Except in an

Emergency, Respondent shall
Emergency, Respondent

shall obtain his medical care and treatment only from the PCP and from health care
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providers to whom the PCP refers Respondent from time to time.

Respondent shall

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request that the PCP document all referrals in the medical record.

Respondent shall

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promptly inform the PCP of Respondent's rehabilitation efforts and provide a copy of this

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Order to the PCP.

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provide medical care or treatment that Respondent is participating in MAP.

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5.

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Medication.

a.

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Respondent shall also inform all other health care providers who

Except in an Emergency, Respondent shall take no Medication

unless the Medication is prescribed by the PCP or other health care provider to whom the
PCP makes a referral. Respondent shall not self-prescribe any Medication.

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b.

If a controlled substance is prescribed, dispensed, or is administered

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to Respondent by any person other than the PCP, Respondent shall notify the PCP in
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writing within 48 hours.
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The notification shall contain all information required for the

medication log entry specified in Paragraph 6.

Respondent shall request that the

notification be made a part of the medical record. This paragraph does not authorize
Respondent to take any Medication other than in accordance with Paragraph 5A.
6.

Medication Log.

Respondent shall maintain a current legible log of all

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Medication taken by or administered to Respondent, and shall make the log available to

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the Board and its Staff upon request. For Medication (other than controlled substances)

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taken on an on-going basis, Respondent may comply with this paragraph by logging the

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first and last administration of the Medication and all changes in dosage or frequency.

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The log, at a minimum, shall include the following:

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a.

Name and dosage of Medication taken or administered;

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b.

Date taken or administered;

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c.

Name of prescribing or administering Physician;

d.

Reason Medication was prescribed or administered.

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This paragraph does not authorize Respondent to take any Medication other than in
accordance with paragraph 5.

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7.

No Alcohol or Poppy Seeds. Respondent shall not consume alcohol or

anyfood or other substance containing poppy seeds or alcohol.

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Biological Fluid Collection.
a.

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During all times that Respondent is physically present in the State of

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Arizona and such other times as Board Staff may direct, Respondent shall promptly

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comply with requests fromBoard Staff, the MAP group therapist, or MAP Director to

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submit to witnessed biological fluid collection.

If Respondent is directed to contact an

automated telephone message system to determine when to provide a specimen,
Respondent shall do so within the hours specified by Board Staff. For the purposes of

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this paragraph, in the case of an in-person request, "promptly comply" means
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"immediately". In the case of a telephonic request, "promptly comply" means that, except
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for good cause shown, Respondent shall appear and submit to specimen collection not
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later than two hours after telephonic notice to appear is given. The Board in its sole
discretion shall determine good cause.

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b.

Respondent shall provide Board Staff in writing with one telephone

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number that shall be used to contact Respondent on 24 hour per day/seven day per

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week basis to submit to biological fluid collection.

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telephonic notice shall be deemed given at the time a message to appear is left at the

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contact telephone number provided by Respondent. Respondent authorizes any person

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or organization conducting tests on the collected samples to provide testing results to the

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Board and the MAP Director.

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c.

For the purposes of this section,

Respondent shall cooperate with collection site personnel regarding

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biological fluid collection. Repeated complaints from collection site personnel regarding

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Respondent's lack o f cooperation regarding collection may be grounds for termination

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from MAP.
9.

Payment for Services.

Respondent shall pay for all costs, including

personnel and contractor costs, associated with participating in MAP at the time service

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is rendered, or within 30 days of each invoice sent to Respondent.
10.

Examination.

Respondent shall submit to mental, physical, and medical

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competency examinations at such times and under such conditions as directed by the

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Board to assist the Board in monitoring Respondent's ability to safely engage in the

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practice of medicine and compliance with the terms of this Order.

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11.

Treatment. Respondent shall submit to all medical, substance abuse, and

mental health care and treatment ordered by the Board, or recommended by the MAP
Director.

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12.

O b e y All Laws. Respondent shall obey all federal, state and local laws,

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and all rules governing the practice of medicine in the State of Arizona.
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Interviews.

Respondent shall appear in person before the Board and its

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Staff and committeesfor interviews upon request, upon reasonable notice.
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14.
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Address and Phone Changes, Notice.

Respondent shall immediately

notify the Board in writing of any change in office or home addresses and telephone
numbers. Respondent shall provide Board Staff at least three business days advance

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written notice of any plans to be away from office o r home for more than five (5)

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consecutive days. The notice shall state the reason for the intended absence from home

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or office, and shall provide a telephone number to contact Respondent.

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15.

Relapse, Violation.

In the event Respondent violates any term of this

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Order, Respondent's license will be summarily suspended.

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may request Surrender of License. If Respondent% license is revoked, Respondent may

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not reapply for a license for 5 years.

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Alternatively, Respondent

Notice Requirements.
a. Respondent shall immediately provide a copy of this Order to all

employers and hospitals and free-standing
currently has privileges.

surgery centers at which Respondent

Within 30 days of the date of the Order, Respondent shall

~rovide the Board with a signed statement that the Respondent has complied with this

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notification requirement. Upon any change in employer or upon granting of privileges at

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additional hospitals or free-standing surgery centers, Respondent shall provide the

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employer, hospital or free-standing surgical center a copy of this Order. Within 30 days

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of a change in employer or upon the granting of privileges at additional hospitals or free-

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standing surgery centers, Respondent shall provide the Board with a signed statement

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that Respondent has complied with this notification requirement.
b.

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Respondent shall immediately • submit to the Board, under penalty of

perjury, on a form provided by the Board, the name(s) and address(es) of all employers
and all hospitals and free-standing surgery centers at which Respondent currently holds

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privileges to practice. Respondent is further required to, under penalty of perjury on a
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form provided by the Board, immediately notify the Board of any changes in his
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employment and of any hospitals or free-standing surgery centers at which ReSpondent
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gains privileges after the effective date of this Order.
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c. Respondent is further required to notify, in writing, all hospitals and free
standing surgery centers at which Respondent has any privileges of a chemical

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dependency relapse, use of drugs or alcohol in violation of this Order and/or entry into a

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treatment program.

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these events, written confirmation that Respondent has complied with this notification

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requirement.

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Respondent shall provide the Board, within Seven days of any of

Public Record. This Order is a public record document and may be

disclosed to the extent required by law.
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Out-of State. In the event Respondent resides or practices medicine in a

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state other than Arizona, Respondent shall participate in the physician rehabilitation

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program sponsored by that state's medical licensing authority or medical society.

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Respondent shall cause the other state'sprogram to provide written reports to the Board

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regarding Respondent's attendance, participation, and monitoring. • The reports are due

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on or before the 15th day of March and September of each year, until the Board

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terminates this requirement in writing.
I1. Definitions

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over-the counter preparation, other than plain aspirin and plain acetaminophen."

"Emer.qency" means "a serious accident or sudden illness that, if not

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"Medication" means "prescription-only drug, controlled substance, and

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treated immediately, may result in a long-term medical problem or loss of life."
RIGHT TO PETITION FOR REHEARING OR REVIEW

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Respondent is hereby notified that he has the right to petition for a rehearing or

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review.

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review must be filed with the Board's Executive Director within thirty days after service of

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this Order and pursuant to A.A.C. R4-16-102, it must set forth legally sufficient reasons

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for granting a rehearing or review. Service of this order is effective five days after date of

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mailing.

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effective thirty-five days after it is mailed to Respondent.

If a motion for rehearing or review is not filed, the Board's Order becomes

Respondent is further notified that the filing of a motion for rehearing or review is

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Pursuant to A.R.S. § 41-1092.09, as amended, the petition for rehearing or

required to preserve any rights of appeal to the Superior Court.
DATED this

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~A~dday of ~;~C.~,/~_.~__ , 2002.

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ARIZONA MEDICAL BOARD
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w / l l l l I Itlbt ~

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Executive Director

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ORIGINAL of the foregoing filed this
~'~" day o f ~ ,
2002 with:

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Arizona Medical Board
9545 East Doubletree Ranch Road
Scottsdale, Arizona 85258
Executed copy of the foregoing
mailed by U.S. Certified Mail this
=~-'~-~ day of ~ - ~ - ~ - b ,
2002, to:
James Baird, M.D.
2005 N Central Ave Ste 700
Phoenix AZ 85004-1535

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Copy of the foregoing hand-delivered this
~ - - day of ~ , ~ _ _ ~ ,
2002, to:
Christine Cassetta
Assistant Attorney General
Sandra Waitt, Management Analyst
Lynda Mottram, Senior Compliance Officer
Investigations (Investigation File)
Arizona Medical Board
9545 East Doubletree Ranch Road
Scottsdale, Arizona 85258

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