State ex rel. Oklahoma Board of Medical Licensure and Supervision v. Gregory, 123015 OKCIL, 112958

Docket Nº:112958
Opinion Judge:JANE P. WISEMAN, JUDGE
Party Name:STATE OF OKLAHOMA ex rel. THE OKLAHOMA BOARD OF MEDICAL LICENSURE AND SUPERVISION, Plaintiff/Appellee, v. JARRETT G. GREGORY, MD LICENSE NO. 13611, Defendant/Appellant.
Attorney:E. Scott Pruitt, ATTORNEY GENERAL, Jason T. Seay, Joseph L. Ashbaker, ASSISTANT ATTORNEYS GENERAL, GENERAL COUNSEL SECTION, OFFICE OF THE ATTORNEY GENERAL, Oklahoma City, Oklahoma, for Plaintiff/Appellee Daniel J. Gamino, DANIEL J. GAMINO & ASSOCIATES, P.C., Oklahoma, Oklahoma, for Defendant/Appe...
Judge Panel:GOODMAN, V.C.J., and FISCHER, P.J., concur.
Case Date:December 30, 2015
Court:Court of Appeals of Oklahoma
 
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2016 OK CIV APP 18

STATE OF OKLAHOMA ex rel. THE OKLAHOMA BOARD OF MEDICAL LICENSURE AND SUPERVISION, Plaintiff/Appellee,

v.

JARRETT G. GREGORY, MD LICENSE NO. 13611, Defendant/Appellant.

No. 112958

Court of Appeals of Oklahoma, Division II

December 30, 2015

Mandate Issued: 03/07/2016

APPEAL FROM THE OKLAHOMA BOARD OF MEDICAL LICENSURE AND SUPERVISION

E. Scott Pruitt, ATTORNEY GENERAL, Jason T. Seay, Joseph L. Ashbaker, ASSISTANT ATTORNEYS GENERAL, GENERAL COUNSEL SECTION, OFFICE OF THE ATTORNEY GENERAL, Oklahoma City, Oklahoma, for Plaintiff/Appellee

Daniel J. Gamino, DANIEL J. GAMINO & ASSOCIATES, P.C., Oklahoma, Oklahoma, for Defendant/Appellant

JANE P. WISEMAN, JUDGE

¶1 Jarrett G. Gregory appeals an order of the Oklahoma Board of Medical Licensure and Supervision revoking his medical license. After review, we affirm Board's decision. 1

FACTS AND PROCEDURAL BACKGROUND

¶2 Board issued a citation on July 11, 2013, informing Gregory that on September 12, 2013, Board would consider a complaint against him. The complaint alleged Gregory engaged in unprofessional conduct in committing various offenses related to prescribing, dispensing, selling, and administering controlled substances and failing to maintain complete and accurate patient records and records of controlled drug purchases and disposal, among other allegations. Gregory filed an answer in which he "denie[d] generally and specifically any unprofessional action in his practice of medicine."

¶3 In a letter dated August 29, 2013, 2 to the Board Secretary, Gregory stated:

After approximately 43 years of successful medical practice in Oklahoma, Jarrett Gordon Gregory, M.D. does hereby voluntarily resign and surrender his Oklahoma medical license as a physician and surgeon, License No. 13611. Attached is the wallet card from Dr. Gregory. His formal wall certificate will also be turned in under separate cover. Please make appropriate entries in the Board Order to reflect this voluntary surrender.

The letter is on his attorney's letterhead, signed by Gregory, and notarized.

¶4 On September 10, 2013, Gregory filed with Board a "Confirmation of Prior Voluntary Surrender of License in Lieu of Prosecution." Gregory stated in this document that he surrendered his license voluntarily and that he is the subject of an investigation by Board "involving allegations that if proven, would constitute grounds for disciplinary action by the Board." He stated, "I deny any allegations of unprofessional conduct. But it remains my desire to surrender my Oklahoma medical license as I did on August 30, 2013."

¶5 On March 5, 2014, Gregory filed a "Response to Board in Lieu of Personal Appearance" in which he noted Board erroneously decided it retained jurisdiction over the disciplinary case despite his voluntary surrender of his license. He alleged Board lacked jurisdiction to proceed against him because he voluntarily surrendered his license.

¶6 Board filed a motion for default judgment against Gregory because he failed to appear at the disciplinary hearing. Gregory filed a "Special Appearance, Motion to Quash and Plea to Jurisdiction, " again asserting that Board had no jurisdiction to proceed against him after he "voluntarily surrendered his Oklahoma license."

¶7 A hearing was held on May 15, 2014, and on May 23, 2014, Board filed a final order containing findings of fact and conclusions of law. Board found Gregory "guilty of clear and convincing unprofessional conduct" and revoked his medical license.

¶8 Gregory appeals.

STANDARD OF REVIEW

¶9 "Because of...

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