BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) Robert Francis Perry, M.D., ) ) Respondent. ) CONSENT ORDER This matter is before the North Carolina Medical Board (hereinafter Board) on information regarding Robert Francis Perry, M.D. (hereinafter Dr. Perry). Dr. Perry admits, and the Board finds and concludes, that: Whereas 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 in Article 1 of Chapter 90 of the North Carolina General Statutes, and Whereas, Dr. Perry is a physician first licensed to practice medicine and surgery on November 19, 1994, license number 9401472, and Whereas, during the times relevant herein, Dr. Perry practiced medicine in Wilmington, North Carolina, and Whereas, Patient A was a patient of Dr. Perry, and Whereas, Dr. Perry asked Patient A whether she ever considered being a model and that if she would he could arrange to have her photograph taken by a professional photographer, and Consent Order - Robert Francis Perry, M.D. Page 1 of 5
Whereas, Patient A eventually agreed to have her picture taken by the photographer and Dr. Perry arranged for Patient A to have her picture taken at Dr. Perry's medical practice, and Whereas, Patient A's husband was also a patient of Dr. Perry's practice, along with the couple's children, and Whereas Dr. Perry developed emotional feelings for Patient A and they started emailing each other about personal matters, and Whereas Dr. Perry sent numerous emails to Patient A which contained sexual overtones, and Whereas, on October 7, 2008, Dr. Perry surrendered his North Carolina medical license, and Whereas Dr. Perry's conduct, as described above, constitutes unprofessional conduct in that it is a departure from, or the failure to conform to, the ethics of the medical profession, irrespective of whether or not a patient is injured thereby, or the committing of any act contrary to honesty, justice, or good morals, whether the same is committed in the course of the physician's practice or otherwise, and whether committed within or without North Carolina, within the meaning of N.C. Gen. Stat. 90-14(a)(6), which is grounds for the Board to annul, suspend, Consent Order - Robert Francis Perry, M.D. Page 2 of 5
or revoke his license or to deny any application he might make in the future or then have pending for a license, and Whereas Dr. Perry would like to resolve this matter without the need for more formal proceedings, and Whereas the Board has determined that it is in the public interest to resolve this case as set forth below; Now, therefore, with Dr. Perry' consent, it is ORDERED that: 1. Dr. Perry' North Carolina medical license is hereby INDEFINITELY SUSPENDED, effective October 7, 2008. 2. Dr. Perry shall obey all laws. Likewise, he shall obey all rules and regulations involving the practice of medicine. 3. Dr. Perry shall notify the Board in writing of any change in his residence or practice addresses within ten (10) days of the change. 4. Dr. Perry shall meet with the Board or members of the Board for an informal interview at such times as requested by the Board. 5. If Dr. Perry fails to comply with any of the terms of this Consent Order, that failure shall constitute unprofessional conduct within the meaning of N.C. Gen. Stat. S 90-14(a)(6) and shall be grounds, after any required notice and hearing, for the Board to annul, Consent Order - Robert Francis Perry, M.D. Page 3 of 5
suspend, or revoke his license to practice medicine and surgery and to deny any application he might make in the future or then have pending for a license. 6. This Consent Order shall take effect immediately upon its execution by both Dr. Perry and the Board, and it shall continue in effect until specifically ordered otherwise by the Board. 7. Dr. Perry hereby waives any requirement under law or rule that this Consent Order be served on him. 8. Upon execution by Dr. Perry 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 by and permitted by law including, but not limited to, the Federation of State Medical Boards, the National Practitioner's Data Bank, and the Healthcare Integrity and Protection Data Bank. Consent Order - Robert Francis Perry, M.D. Page 4 of 5
This the 15th day of January 2009. NORTH CAROLINA MEDICAL BOARD By: George L. Saunders, III, MD President Consented to this the day, 2009.,f0fl,r1W / 4,Alla Ai Francis e Tair D. State of of Cc lpi,;s6,_ County of 1.3a.VA..._ j1/4.1vee._, a Notary Public for the above named County and State, do hereby certify that Robert Francis Perry, M.D., personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal This the 941.. day of le...rt, 2009. IV2A1,(,,o Notary Public 0 q-,01/4,fr O C.) U (SEAL) r4ke CO!0/ My Commission expires: u 9' Consent Order - Robert Francis Perry, M.D. Page 5 of 5