In re: ) ) NOTICE OF CHARGES Cindy H. Sirois, M.D., ) AND ALLEGATIONS ) NOTICE OF HEARING Respondent. )

Transcription

1 BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) NOTICE OF CHARGES Cindy H. Sirois, M.D., ) AND ALLEGATIONS ) NOTICE OF HEARING Respondent. ) The North Carolina Medical Board ( Board ) has preferred and does hereby prefer the following charges and allegations: 1. The Board is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes. 2. Cindy H. Sirois, M.D., ( Dr. Sirois ) is a physician licensed by the Board on October 18, 2006, license number Dr. Sirois also has a license to practice medicine issued by the State Medical Board of Alaska ( Alaska Board ). 4. Dr. Sirois is primarily engaged in the practice of diagnostic radiology. 5. On March 23, 2007, the Alaska Board and Dr. Sirois entered into a Memorandum of Agreement. 6. The Memorandum of Agreement contained the following Admissions/Facts: Notice of Charges Cindy H. Sirois, M.D. Page 1 of 5

2 (a) that Dr. Sirois submitted an application to the Alaska Board indicating that she had never been under investigation by any medical licensing jurisdiction or authority; (b) that Dr. Sirois failed to disclose that in 2005, she was the subject of investigation conducted by the State of Florida Department of Health, Agency for Health Care Administration; (c) that as a result of a complaint, the Florida Department of Health issued a capital letter of Caution to Dr. Sirois and that a Uniform Non Disciplinary Citation was issued on January 5, 2005 in a civil fine and the amount of $1000 was imposed for failure to submit continuing medical education as required by law; (d) that Dr. Sirois stated that she did not view the citation given to her as an investigation into her Florida license as it was due to her failure to complete CME credits within the required time frame, an issue that was later dismissed by the Probable Cause Panel; (e) that a letter from a senior attorney for the Florida Department of Health dated September 30, 2005, reads in part: after careful consideration of the complaint and the investigative report, the Panel dismiss the case; and Notice of Charges Cindy H. Sirois, M.D. Page 2 of 5

3 (f) that upon comparing the letter that Dr. Sirois received on September 30, 2005, from the Florida Department of Health senior attorney, Dr. Sirois should have indicated that she had been under investigation by a medical licensing jurisdiction or authority. 7. Based on the admission/facts contained in the Memorandum of Agreement, the Alaska Board placed a Reprimand in Dr. Sirois s license file. 8. The Memorandum of Agreement entered into between the Alaska Board and Dr. Sirois constitutes Dr. Sirois having a license to practice medicine restricted or acted against by the licensing authority of any jurisdiction within the meaning of N.C. Gen. Stat (a)(13) and grounds exist under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, or limit Dr. Sirois s license to practice as a physician or to deny any application she might make in the future for a license to practice medicine. Notice to Dr. Sirois Pursuant to N.C. Gen. Stat , it is hereby ordered that a hearing on the foregoing Notice of Charges and Allegations will be held before the Board, or a panel thereof, at 8:00 a.m. on Wednesday, April 23, 2008, or as soon thereafter as the Board may hear it, at the offices of the Board, 1203 Notice of Charges Cindy H. Sirois, M.D. Page 3 of 5

4 Front Street, Raleigh, North Carolina to continue until completed. The hearing will be held pursuant to N.C. Gen. Stat. 150B-40, 41, and 42 and N.C. Gen. Stat , 14.4, 14.5, and You may appear personally and through counsel, may cross-examine witnesses, and present evidence on your own behalf. You may, if you desire, file written answers to charges and complaints preferred against you within 30 days after the service of this notice. Pursuant to N.C. Gen. Stat. 150B-40(c)(5), it is further ordered that the parties shall arrange a pre-hearing conference at which they shall prepare and sign a stipulation on prehearing conference. The pre-hearing stipulation shall be submitted to the undersigned no later than seven days prior to the hearing date. The right to be present during the hearing of this case, including any such right conferred or implied by N.C. Gen. Stat. 150B-40(d), shall be deemed waived by a party or his counsel by voluntary absence from the Board s office at a time when it is known that proceedings, including deliberations, are being conducted, or are about to be conducted. In such event, the proceedings, including additional proceedings after the Board has retired to deliberate, may go forward without waiting for Notice of Charges Cindy H. Sirois, M.D. Page 4 of 5

5 the arrival or return of counsel or a party. This the 25 th day of January, NORTH CAROLINA MEDICAL BOARD By: Janelle A. Rhyne, M.D. President Notice of Charges Cindy H. Sirois, M.D. Page 5 of 5