BEFORE THE NORTH CAROLINA MEDICAL BOARD. This matter is before the North Carolina Medical Board. on the application of Brent Ashley Westbrook, P.A.
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1 BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: Brent Ashley Westbrook, P.A., Respondent. CONSENT ORDER This matter is before the North Carolina Medical Board ("Board" on the application of Brent Ashley Westbrook, P.A. ("Mr. Westbrook" for reinstatement of his physician assistant license. Mr. Westbrook admits and the Board finds and concludes that: 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 it in Article 1 of Chapter 90 of the North Carolina General Statutes and the rules and regulations promulgated thereto. FINDINGS OF FACT Mr. Westbrook was first issued a physician assistant license by the Board on September 22, 2006, license number During the time relevant herein, Mr. Westbrook performed medical acts, tasks and functions as a physician assistant in Newton Grove, North Carolina. Consent Order - Brent Ashley Westbrook, P.A. Page 1 of 7
2 Mr. Westbrook suffers from a chemical dependency that, if left untreated, could impair his ability to practice medicine safely. On October 1, 2013, Mr. Westbrook voluntarily surrendered his physician assistant license. Mr. Westbrook successfully completed a twenty-eight day inpatient treatment at Fellowship Hall in November In November 2013, Mr. Westbrook entered into a five-year monitoring contract with the North Carolina Physicians Health Program ("NCPHP". On June 16, 2014, Mr. Westbrook entered into a Consent Order ("June Consent Order" whereby his physician assistant license was indefinitely suspended. Mr. Westbrook has fully complied with the terms of his NCPHP monitoring contract and NCPHP advocates that Mr. Westbrook is safe to resume performing medical acts, tasks and functions as a physician assistant. CONCLUSIONS OF LAW Mr. Westbrook suffers from a chemical dependency that makes him potentially unable to perform medical acts, tasks and functions as a physician assistant with skill and safety to patients by reason of illness or excessive use of drugs, within the meaning of N.C. Gen. Stat (a (5 and grounds exist Consent Order - Brent Ashley Westbrook, P.A. Page 2 of 7
3 under that section of the North Carolina General Statutes for the Board to deny his application for reinstatement. PROCEDURAL STIPULATIONS Mr. Westbrook acknowledges and agrees that the Board has jurisdiction over him and over the subject matter of this case. Mr. Westbrook knowingly waives his right to any hearing and to any judicial review or appeal in this case. Mr. Westbrook acknowledges that he has read and understands this Consent Order and enters into it voluntarily. Mr. Westbrook would like 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 Mr. Westbrook's consent, it is ORDERED that: 1. Mr. Westbrook's North Carolina physician assistant license is hereby REINSTATED. 2. Mr. Westbrook shall maintain his current contract with NCPHP and abide by its terms, including the timely payment of any fees required by NCPHP. 3. Unless lawfully prescribed for him by someone other than himself, Mr. Westbrook shall refrain from the use or Consent Order - Brent Ashley Westbrook, P.A. Page 3 of 7
4 possession of alcohol and all other mind- or mood-altering substances and all controlled substances including but not limited to, sedatives, stimulants, and pain medication. 4. Mr. Westbrook shall notify the Board in writing within ten (10 days of his use of such medication or alcohol. This notice shall include, but shall not be limited to, identification of the prescribing physician and of the pharmacy filling the prescription. 5. Upon request by the Board, Mr. Westbrook shall supply urine, blood, hair, or any other bodily fluid or tissue sample the Board might reasonably require for the purposes of analysis to determine if he has consumed any of the substances mentioned above. 6. Mr. Westbrook shall obey all laws. Likewise, he shall obey all rules or regulations involving the practice of medicine. 7. Mr. Westbrook shall notify the Board in writing of any change in his residence or practice addresses within ten (10 days of the change. 8. Mr. Westbrook shall meet with the Board or members of the Board for an informal interview at such times as requested by the Board. Consent Order - Brent Ashley Westbrook, P.A. Page 4 of 7
5 9. Upon an ex parte determination of probable cause by the Board that Mr. Westbrook failed to comply with any of the terms and conditions of this Consent Order, that determination shall constitute grounds for the Board to summarily suspend Mr. Westbrook's North Carolina physician assistant license pursuant to N.C. Gen. Stat. 150B-3(c. Should Mr. Westbrook's physician assistant license be summarily suspended by means of this provision of this Consent Order, Mr. Westbrook shall be entitled to a hearing within ninety (90 days pursuant to the applicable provisions of the Medical Practice Act with the issue to be decided at such hearing being whether Mr. Westbrook violated the terms and conditions of this Consent Order. Furthermore, if Mr. Westbrook fails to comply with any of the terms and conditions of this Consent Order that failure shall constitute unprofessional conduct within the meaning of N. C. Gen. Stat (a (6 and shall be additional grounds for the Board to suspend or revoke his license or to deny any application he might make in the future or then have pending for a license. 10. This Consent Order shall take effect immediately upon its execution by both Mr. Westbrook and the Board, and it shall continue in effect until specifically ordered otherwise by the Board. Consent Order - Brent Ashley Westbrook, P.A. Page 5 of 7
6 11. Mr. Westbrook hereby waives any requirement under any law or rule that this Consent Order be served on him. 12. Upon execution by Mr. Westbrook and the Board, this 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 National Practitioners Data Bank and the Health Integrity and Protection Data Bank. By Order of the North Carolina Medical Board this the 11th day of February, NORTH CAROLINA MEDICAL BOARD By: Cheryl L. Walker-McGill, M.D. President Consent Order - Brent Ashley Westbrook, P.A. Page 6 of 7
7 . '*"' Consented to this the~ day of February, Brent Ashley Westbrook, P.A. State of County of I, v\e\1ricb.'s'o,j0hn>un a Notary Public for the above named County and State, do hereby certify that Brent Ashley Westbrook, P.A. personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the ~.t\j day of February, Consent Order - Brent Ashley Westbrook, P.A. Page 7 of 7
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