BEFORE THE STATE OF ARIZONA BOARD OF CHIROPRACTIC EXAMINERS In the Matter of: James C. Pierce, D.C. Holder of License No. 8359 For the Practice of Chiropractic In the State of Arizona Case No.: 2015-080 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR CIVIL PENALTY INTRODUCTION Pursuant to A.R.S. 32-924 (F, the State of Arizona Board of Chiropractic Examiners ( Board held a Formal Interview for James C. Pierce, D.C. (Respondent on August 17, 2016. Respondent knowingly and voluntarily appeared before the Board, and was represented by legal counsel. Respondent was properly notified of the Formal Interview and the allegations against him. After due consideration and deliberation of the facts and law applicable to this matter, the Board voted to issue the following Findings of Fact, Conclusions of Law and Order. FINDINGS OF FACT 1. On or about February 5. 2015, Respondent submitted his 2015 license renewal application. Respondent disclosed he had not completed his required continuing education (CE for 2013 and 2014. 2. Respondent stated his son became critically ill, requiring long term hospitalization and 24-hour care. As such, due to time and money constraints, Respondent did not fulfill his CE requirements. 3. In April of 2015, Respondent was issued a subpoena by the Board for a response to the complaint filed against him and documentation of continuing education. 1
Respondent was required, pursuant to the subpoena, to provide a response and the documentation to the Board within 10 days. 4. On or about March 11, 2016, the Board issued Respondent a subpoena for the additional documentation of continuing education for 2013, 2014, and 2015. The subpoena also requested documentation to establish the good cause extension for compliance with Continuing Education because of a documented disability of the licensee s child. 5. As of April 6, 2016, Respondent had not provided the subpoenaed information and documentation. 6. On or about April 13, 2016, the Board reviewed case # 2015-080 during the Initial appearance of this matter. On or about April 13, 2016, Respondent provided documentation of 30 hours of Continuing Education. The Board noted that he needed to provide a total of 36 hours of approved Continuing Education. 7. On or about August 17, 2016, Respondent voluntarily appeared before the Board during the Formal Interview of this matter. On or about August 17, 2016, Respondent provided documentation of 6 additional hours of Continuing Education. Respondent failed to provide the additional documentation requested by the subpoena issued in March 11, 2016. CONCLUSIONS OF LAW 1. The conduct and circumstances described above in paragraphs 1, 3-7 of the Findings of Fact constitute a violation of A.R.S. 32-924 (A (5, unprofessional or dishonorable conduct of a character likely to deceive or defraud the public or tending to discredit the profession. 2
2. The conduct and circumstances described above in paragraphs 1, 3-7 of the Findings of Fact constitute a violation of A.A.C R4-7-801, To be eligible to renew a license, a licensee shall complete 12 credits of continuing education between January 1 and December 31 of each year, and document compliance with continuing education requirements on the license renewal application as required by R4-7- 503(C. Continuing education credit shall be given for a minimum of fifty minutes of continuous study for each class hour. No credit shall be allowed for breaks or for time expended for study outside of the classroom. 3. The conduct and circumstances described above in paragraphs 1, 3-7 of the Findings of Fact constitute a violation of A.R.S. 32-924 (A (5, specifically A.A.C. R4-7- 902 (36, Violating any federal or state statute, rule, or regulation applicable to the practice of chiropractic. 4. The conduct and circumstances described above in paragraphs 1, 3-7 of the Findings of Fact constitute a violation of A.R.S. 32-924 (A (5, specifically A.A.C. R4-7- 902 (14, Failing to timely comply with a board subpoena pursuant to A.R.S. 32-929 that authorizes Board personnel to have access to any document, report, or record maintained by the chiropractic physician relating to the chiropractic physician's practice or professional activities. 5. The conduct and circumstances described above in paragraphs 1, 3-7 of the Findings of Fact constitute a violation of A.R.S. 32-924 (A (16, Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this chapter or any board order. 3
ORDER Based upon the above Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED: 1. Within SIXTY (60 days of the effective date of this Consent Agreement, Respondent shall pay a CIVIL PENALTY in the amount of five hundred ($500.00 dollars. Payment shall be made by cashier s check or money order to the Board. 2. In the event that Respondent moves out of state or ceases to practice chiropractic in Arizona, he shall notify the Board of these events in writing, within twenty (20 days, and the Board may stay the terms and conditions of this order until Respondent returns to practice chiropractic in Arizona. 3. Respondent shall meet all requirements to renew his license for each year that this order is in effect and shall keep his license current by submitting a complete license renewal application to the Board prior to January 1. 4. Respondent shall obey all federal, state and local laws and all rules governing the practice of chiropractic in Arizona. The Board shall consider any violation of this paragraph as a separate violation of the Chiropractic Practice Act. 5. The Board retains jurisdiction over Respondent and may take additional remedial or disciplinary action against his license if it determines that he has committed subsequent violations of this Order or of the chiropractic practice act. Respondent shall appear in person before the Board to respond to questions or concerns regarding his compliance with this Order when requested. 6. This Order is a public record that may be publicly disseminated as a formal action of the Board, and shall be reported as required by law to the National Practitioner Data Bank. 4
Notice of Right to Request Rehearing or Review Either party has the right to request rehearing or review of this Order. Pursuant to A.R.S. 41-1092.09 the request must be filed with the Board within thirty (30 days of the service of this Order. A.A.C. R4-7-305. Service of this Order is effective upon personal delivery or five (5 days from the date of mailing. A.A.C. R4-7-302. The request must set forth legally sufficient reasons for granting the rehearing or review. The filing of a request for rehearing or review is required to preserve any rights of appeal to the Superior Court that the party may wish to pursue. This Order shall be effective and in force upon the expiration of the above time period for filing a motion for rehearing or review with the Board. Dated this 29 of August, 2016 STATE OF ARIZONA BOARD OF CHIROPRACTIC EXAMINERS By: James Badge, D.C., Chair State of Arizona Board of Chiropractic Examiners Original of the foregoing filed this 24 day of August, 2016 with: State of Arizona Board of Chiropractic Examiners 1951 West Camelback Road, Suite 330 Phoenix, AZ 85015 Executed Copy of the foregoing mailed by U.S. Certified mail (Return receipt requested This 24 day of August, 2016 Certificate No. 7013 2630 0002 3135 7197 to: 5
James C. Pierce, D.C. 7838 N. Via de la Luna Scottsdale, AZ 85258 Respondent Executed Copy of the foregoing sent electronically This 24 day of August, 2016 to: Mona Baskin Assistant Attorney General 1275 W. Washington, CIV/LES Phoenix, AZ 85007 Attorney for the State Justin Bohall, Executive Director Board Operations 5277150 6