Russell Hunt, M.D., who operated the Preventive Medicine and Wellness Clinic in Old Hickory, Tennessee, has signed an agreed order (shown below) under which he surrendered his license and was assessed $10,000 in civil penalties, plus costs. These penalties were applied because the Tennessee Board of Medical Examiners found him guilty of (a) unprofessional, dishonorable or unethical conduct; (b) making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice, or being guilty of fraud or deceit in the practice of medicine; and (c) conviction of a felony. The unprofessional conduct included treating a patient with chelation therapy, intravenous hydrogen peroxide, and insulin potentiation therapy. His criminal conviction was for conspiring to submit false information to Medicare which paid approximately $92,000 for screening tests that were not medically necessary, were not performed, and/or were miscoded.
STATE OF TENNESSEE
DEPARTMENT OF HEALTH
IN THE MATTER OF:
RUSSELL WAYNE HUNT, M.D.
BEFORE THE BOARD OF
Comes now the Division of Health Related Boards of the Tennessee Department of Health (hereinafter “Division”), by and through the Office of General Counsel, and Respondent Russell Wayne Hunt, M.D. (hereinafter “Respondent”), and respectfully move the Tennessee Board of Medical Examiners (hereinafter “Board”) for approval of this Agreed Order affecting Respondent’s medical license in the State of Tennessee.
The Board is responsible for the regulation and supervision of medical doctors licensed to practice in the State of Tennessee. See Tennessee Medical Practice Act, Tennessee Code Annotated Section (hereinafter “TENN. CODE ANN. §”) 63-6-101, et seq. It is the policy of the Board to require strict compliance with the laws of this State, and to apply the laws so as to preserve the quality of medical care provided in Tennessee. It is the duty and responsibility of the Board to enforce the Tennessee Medical Practice Act in such a manner as to insure that physicians promote and protect the public health, safety, and welfare, including by disciplining medical doctors who violate the provisions of TENN. CODE ANN. § 63-6-101, et seq.
Respondent, by his signature to this Agreed Order, waives the right to a contested case hearing and any and all rights to judicial review in this matter. Respondent agrees that presentation to and consideration of this Agreed Order by the Board for ratification and all matters divulged during that process shall not constitute unfair disclosure such that the Board or any of its members shall be prejudiced to the extent that requires their disqualification from hearing this matter should this Order not be ratified. Likewise, all matters, admissions, and statements disclosed or exchanged during the attempted ratification process shall not be used against Respondent in any subsequent proceeding unless independently entered into evidence or introduced as admissions.
Respondent expressly waives all further procedural steps and expressly waives all rights to seek judicial review of or to challenge or contest the validity of this Agreed Order. Respondent understands that by signing this Agreed Order, Respondent is allowing the Board to issue its order without further process. In the event that the Board rejects this Agreed Order for any reason, it will be of no force or effect for either party.
I. FINDINGS OF FACT
1. Respondent has been at all times pertinent hereto licensed by the Board as a medical doctor in the State of Tennessee, having been granted license number 27007 by the Board on July 21, 1995.
2. On or about September 8, 2006, Respondent was convicted of one (1) count of conspiracy to commit health care fraud in violation of 18 U.S.C. § 371, which is a felony.
3. On or about September 8, 2006, Respondent was convicted of six (6) counts of health care fraud in violation of 18 U.S.C. § 1347, which are felonies.
4. On or about September 8, 2006, Respondent was convicted of five (5) counts of making false statements relating to health care fraud in violation of 18 U.S.C. § 1035, which are felonies.
5. On or about October 2000, Respondent had a doctor-patient relationship with A.S. [patient initials used to maintain confidentiality].
6. Respondent treated A.S. as his patient for approximately two (2) years.
7. Respondent recommended and A.S. underwent Intravenous Hydrogen Peroxide Therapy, also known as Oxidation Therapy, on at least one occasion.
8. Respondent administered Insulin Potentiation Therapy (IPT) to A.S. on at least seven (7) occasions.
9. Respondent has treated one or more patients, excluding A.S., with Chelation Therapy.
10. Respondent has asserted that he is Board Certified in Chelation Therapy.
II. CONCLUSIONS OF LAW
The facts stated in the Findings of Fact are sufficient to establish violations by Respondent of the following statutes or rules which are part of the provisions of the Tennessee Medical Practice Act, TENN. CODE ANN. § 63-6-101, et seq. for which disciplinary action before and by the Board of Medical Examiners is authorized:
11. The facts stated in paragraphs 2 through 10 inclusive, supra, constitute a violation of TENN. CODE ANN. § 63-6-214(b)(1):
Unprofessional, dishonorable or unethical conduct.
12. The facts stated in paragraphs 2 through 4 inclusive, supra, would constitute a violation of TENN. CODE ANN. § 63-6-214(b)(3):
Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice, or being guilty of fraud or deceit in the practice of medicine.
13. The facts alleged in paragraphs 2 through 4 inclusive, supra, would constitute a violation of TENN. CODE ANN. § 63-6-214(b)(10):
Conviction of a felony, conviction of any offense under state or federal drug laws, or conviction of any offense involving moral turpitude.
III. POLICY STATEMENT
The Tennessee Board of Medical Examiners takes this action in order to protect the health, safety, and welfare of the citizens of the State of Tennessee.
NOW THEREFORE, Respondent, for the purpose of avoiding further administrative action with respect to this cause, agrees to the following:
14. The medical license of Russell Wayne Hunt, M.D., license number 27007, shall be and is hereby SURRENDERED.
15. Respondent is assessed and shall pay twelve (12) Type B Civil Penalties, for the twelve (12) criminal convictions obtained, in the amount of Five Hundred Dollars ($500.00) each, for a total amount of Six Thousand Dollars ($6,000.00), representing the established violations of the Tennessee Medical Practice Act.
16. Respondent is assessed and shall pay four (4) Type A Civil Penalties in the amount of One Thousand Dollars ($1,000.00) each, for one (1) instance of Intravenous Hydrogen Peroxide Therapy and for three (3) instances of Insulin Potentiation Therapy, for a total amount of Four Thousand Dollars ($4,000.00), representing the established violations of the Tennessee Medical Practice Act.
17. Respondent must pay the actual and reasonable costs of prosecuting this cause not to exceed Five Thousand Dollars ($5,000.00). TENN. CODE ANN. § 63-1-144; TENN. CODE ANN. § 63-6-214(k); and TENN. COMP. R. & REGS. 0880-2-.12(j). These costs will be established by an Affidavit of Costs prepared and filed by Counsel for the Department.
18. Any and all civil penalties and/or cost payments shall be made by cashier’s check, money order and/or certified check, payable to the State of Tennessee, Department of Health. Any and all civil penalties and/or cost payments shall be forwarded to the Disciplinary Coordinator, State of Tennessee, Bureau of Investigations, Heritage Place Metro Center, 227 French Landing, Suite 201, Nashville, Tennessee 37243. A notation shall be placed on said check that it is payable for the civil penalties and/or costs of Russell Wayne Hunt, M.D.
This AGREED ORDER was approved by a majority of a panel of the Tennessee Board of Medical Examiners, sitting with a quorum, at a public meeting of the Board and signed this ________ day of _____________________, 2007.
Tennessee Board of Medical Examiners
APPROVED FOR ENTRY:
Russell Wayne Hunt, M.D.
Tennessee Medical License No. 27007
104 Dekewood Drive
Old Hickory, Tennessee 37138
Richard J. Braun, Esquire, B.P.R. #010346
Braun & Crotwell, PLLC
501 Union Street, Suite 500
Nashville, Tennessee 37219
Diona E. Layden, B.P.R. #020746
Assistant General Counsel
Tennessee Department of Health
Office of General Counsel
Plaza I, Suite 210
220 Athens Way
Nashville, Tennessee 37243
CERTIFICATE OF FILING
This Order was received for filing in the Office of the Tennessee Secretary of State, Administrative Procedures Division, and became effective on the 19th day of September, 2007.
Thomas G. Stovall, Director
Administrative Procedures Division
This page was posted on November 4, 2007.