In 2006, Jimmy Diaz, M.D., who practiced in Kingsland, Georgia, signed a consent agreement (shown below) to settle allegations that he had engaged in sexual intercourse with a married woman whom he was treating for hormonal problems. He did not admit any wrongdoing or contest the charges but agreed to pay a $5,000 administrative penalty and take 20 hours of continuing education in the area of ethics.
BEFORE THE COMPOSITE STATE BOARD
OF MEDICAL EXAMINERS
STATE OF GEORGIA
|IN THE MATTER OF
JIMMY DIAZ, M.D.
License # 026097,
|DOCKET NO. 20060106|
PUBLIC CONSENT ORDER
By agreement of the Composite State Board of Medical Examiners and Jimmy Diaz, M.D., Respondent, the following disposition of this matter is entered pursuant to O.C.G.A. § 50-13-13 (a) (4).
FINDINGS OF FACT
At all relevant times, Respondent was licensed to practice medicine in the State of Georgia.
On or about March 2005, patient S.A. came into Respondent’s office, complaining of having no sexual desire, and that she had hormonal problems. Patient P.A. had a hysterectomy in 2003, and gastric bypass in November 2004. Patient S.A. also said that she and her husband were having marital problems. Respondent diagnosed patient S.A. with a thyroid problem and gave her hormone pills.
During June of 2005, Respondent and patient S.A. had a chance encounter at a social event, spent much of the evening together, held hands, and nothing else happened. Respondent gave patient S.A. his telephone number. A week later, after patient S.A. and her husband had an argument, she called Respondent, and Respondent invited patient S.A. to his home. Patient S.A. did go to Respondent’s home, where they engaged in sexual intercourse. On a second occasion, they saw each other again at Respondent’s home, and again engaged in sexual intercourse.
Respondent’s involvement in this relationship with a patient violates Medical Board Rule 360-3-.02(8).
For the purpose of entering into this Consent Order, the Respondent does not contest the above allegations. The Respondent understands that by so doing, he is not admitting the truth of any of the allegations or acknowledging any impropriety, but is agreeing that the Board may enter an Order based upon the allegations without the necessity of receiving any evidence in support thereof. The Respondent makes no admissions herein and reserves the right to contest all allegations against him in any other proceeding.
CONCLUSIONS OF LAW
Respondent’s conduct constitutes sufficient grounds for the imposition of sanctions upon Respondent’s license to practice medicine in the State of Georgia under O.C.G.A. Chs. 1 and 34 T. 43, as amended. Respondent hereby waives any further conclusions of law with respect to the above-styled matter.
The Composite State Board of Medical Examiners, having considered the particular facts and circumstances of this case, hereby orders, and Respondent hereby agrees to the following:
Respondent shall obtain twenty (20) hours of continuing medical education (“CME”) in the area of ethics in addition to the CME required of all Georgia physicians. Respondent shall complete said additional twenty hours within one year from the docketing of this order. Prior to obtaining the CME, Respondent shall submit the title of the course(s) he plans to attend and information concerning the course(s) to the Board. Within one year from the docketing of this consent order, Respondent shall submit proof of completion of said additional twenty hours to the Board.
Respondent shall pay a fine to the Board in the amount of five thousand dollars ($5,000.00), payable by certified check or money order to the Composite State Board of Medical Examiners within ninety (90) days of the effective date of this Order. Failure to pay the entire amount by the ninetieth (90th) day shall be considered a violation of this Order and shall result in further sanctioning of Respondent’s license, including revocation, upon substantiation thereof.
Respondent understands that pursuant to O.C.G.A. Title 43, Chapter 34A, the contents of this order shall be placed on Respondent’s Physician Profile. Furthermore, by executing this Consent Order, Respondent hereby agrees to permit the Board to update the Physician’s Profile reflecting this Consent Order.
Respondent shall abide by all State and Federal laws regulating his practice as a physician, the Rules and Regulations of the Composite State Board of Medical Examiners and the terms of this Consent Order. If Respondent shall fail to abide by such laws, rules or terms, or if it should appear to the Board that Respondent is otherwise unable to practice with reasonable skill and safety to patients, or should Respondent violate the criminal laws of this state, including any term of probation, if any, Respondent’s license shall be subject to further discipline, including revocation, upon substantiation thereof after notice and hearing, and if revoked, the Board in its discretion may determine that the license should be permanently revoked and not subject to reinstatement. Respondent further agrees that any violation of this Consent Order shall be deemed to be sufficient to authorize the Board to order summary suspension of Respondent’s license, pending further proceedings, pursuant to the provisions of the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-18(c)(l), or any other statute authorizing emergency action, but Respondent understands that Respondent shall be entitled to an expedited hearing to substantiate such violation(s), if the Board exercises such right.
Respondent acknowledges that Respondent has read this Consent Order and understands its contents. Respondent understands that he has the right to a hearing in this matter, and freely, knowingly and voluntarily waives such right by entering into this Consent Order. He understands that this Consent Order will not become effective until approved and docketed by the Composite State Board of Medical Examiners. He further understands and agrees that a representative of the Department of Law may be present during presentation of this Consent Order to the Board and that the Board shall have the authority to review the investigative file and all relevant evidence in considering this Consent Order. Respondent further understands that this Consent Order, once approved, shall constitute a public record that may be disseminated as a disciplinary action of the Board. However, if the Consent Order is not approved, it shall not constitute an admission against interest in this proceeding, or prejudice the right of the Board to adjudicate this matter. Respondent consents to the terms and conditions contained herein.
Approved, this 8th day of June, 2006.
COMPOSITE STATE BOARD OF
M. VINAYAK KAMATH, M.D.
JIMMY DIAZ, M.D.