BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) Cheryl Tan Navarro-McGuinness, D.O., ) AMENDED CONSENT ORDER ) Respondent. )

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1 BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) Cheryl Tan Navarro-McGuinness, D.O., ) AMENDED CONSENT ORDER ) Respondent. ) This matter is before the North Carolina Medical Board ( Board ) regarding information provided to the Board concerning Cheryl Tan Navarro-McGuinness, D.O. ( Dr. Navarro-McGuinness ). Dr. Navarro-McGuinness makes the following admissions and the Board makes the following findings and conclusions: STATUTORY AUTHORITY 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 to it in Article 1 of Chapter 90 of the North Carolina General Statutes and the rules and regulations promulgated thereto. FINDINGS OF FACT Dr. Navarro-McGuinness was first issued a license to practice medicine by the Board on or about October 18, 2006, license number At all times relevant hereto, Dr. Navarro-McGuinness practiced urgent care medicine in Mooresville, North Carolina. Consent Order Cheryl Tan Navarro-McGuinness, D.O. Page 1 of 6

2 On August 4, 2014, Dr. Navarro-McGuinness entered into a Consent Order ( 2014 Consent Order ) with the Board in which she was reprimanded and fined one-thousand ($1,000.00) dollars for departing from or failing to conform to the standards of acceptable and prevailing medical practice by prescribing controlled substances to a patient without maintaining a medical record, appropriate history, physical examination, diagnosis or therapeutic plan. On May 15, 2017, Dr. Navarro-McGuinness entered a plea of guilty to one count of unlawful distribution of controlled substances by a practitioner. The one count of unlawful distribution of a controlled substance that was the subject of the plea agreement involved the same conduct that was the subject of the August 2014 Consent Order with the Board. The plea agreement required that she enter into a Memorandum of Understanding ( MOU ) with the Drug Enforcement Administration ( DEA }. On May 19, 2017, Dr. Navarro-McGuinness signed an MOU with DEA prohibiting her from handling schedule 2, 2N, 3 and 3N controlled substances for 2 years and agreeing to prescribe only schedule 4 and 5 controlled substances within the scope of her practice for patients with an established doctorpatient relationship. Consent Order Cheryl Tan Navarro-McGuinness, D.O. Page 2 of 6

3 PROCEDURAL STIPULATIONS Dr. Navarro-McGuinness acknowledges and agrees that the Board has jurisdiction over her and over the subject matter of this case. Dr. Navarro-McGuinness knowingly waives her right to any hearing and to any judicial review or appeal in this case. Dr. Navarro-McGuinness, with the advice of legal counsel, acknowledges that she has read and understands this Consent Order and enters into it voluntarily. Dr. Navarro-McGuinness desires to resolve this matter without the need for more formal proceedings. The Board has determined that it is in the public interest to resolve this case as set forth below. ORDER NOW, THEREFORE, with Dr. Navarro-McGuinness s consent, it is ORDERED that: 1. Dr. Navarro-McGuinness s 2014 Consent Order is AMENDED as follows: Dr. Navarro-McGuinness is required to comply fully with the MOU with DEA. 2. All of the other terms, conditions and provisions of the numbered paragraphs contained in 2014 Consent Order remain in effect. 3. If Dr. Navarro-McGuinness fails to comply with any of the terms of this Amended Consent Order, that failure shall Consent Order Cheryl Tan Navarro-McGuinness, D.O. Page 3 of 6

4 constitute unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6) and shall be grounds, after any required notice and hearing, for the Board to annul, suspend or revoke his license and to deny any application he might make in the future or then have pending for a license. 4. This Amended Consent Order shall take effect immediately upon its execution by both Dr. Navarro-McGuinness, and the Board and it shall continue in effect until specifically ordered otherwise by the Board. 5. Dr. Navarro-McGuinness hereby waives any requirement under any law or rule that this Amended Consent Order be served on him. 6. Upon execution by Dr. Navarro-McGuinness and the Board, this Amended Consent Order shall become a public record within the meaning of Chapter 132 of the North Carolina General Statutes and shall be subject to public inspection and dissemination pursuant to the provisions thereof. Additionally, it will be reported to persons, entities, agencies and clearinghouses as required and permitted by law including, but not limited to, the Federation of State Medical Boards and the National Practitioner Data Bank. Consent Order Cheryl Tan Navarro-McGuinness, D.O. Page 4 of 6

6 Consented to this the day of...,,.k_+1_tu-i-,, l I State County of of I L@(J/eA.I') ~ug")(, a Notary Public for the a ove-named 'es;unty and State, do hereby certify that. Cheryl Tan Navarro-McGuinness, D.O., personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and o%~~alfseal this the ~ day of ~J5, (SEAL) Logan Burk Notaty Public lredelf County North Carolina My Commission Expires: Consent Order - Cheryl Tan Navarro-McGuinness, D.0. Page 6 of 6

BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) Shyam Lal Garg, MD ) CONSENT ORDER ) Respondent. )

BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) Shyam Lal Garg, MD ) CONSENT ORDER ) Respondent. ) This matter is before the North Carolina Medical Board ( Board ) on information received relating to