BEFORE THE NORTH CARLINA MEDICAL BOARD. In Re: ) ) Michael Alson Smith, M.D., ) NOTICE OF CHARGES AND ) ALLEGATIONS; NOTICE OF Respondent.

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1 BEFORE THE NORTH CARLINA MEDICAL BOARD In Re: ) ) Michael Alson Smith, M.D., ) NOTICE OF CHARGES AND ) ALLEGATIONS; NOTICE OF Respondent. ) HEARING ) The North Carolina Medical Board ( Board ) has preferred and does hereby prefer the following charges and allegations: 1. The Board is a body duly organized under the laws of North Carolina and Chapter 90 of the North Carolina General Statutes. 2. Michael Alson Smith, M.D. ( Dr. Smith ) is a physician licensed by the Board on January 28, 1989, license number At the times relevant herein, Dr. Smith practiced family medicine at Mt. Holly Family Practice, Inc. in Mount Holly, North Carolina. 4. Dr. Smith is the only physician and the only male working at Mt. Holly Family Practice, Inc. FIRST CHARGE 5. Paragraphs one through four (4) are re-alleged and incorporated herein by reference. 6. Patient A, a female, suffers from a multitude of medical conditions including chronic back pain, depressive disorder, and schizoaffective disorder, bipolar type. Notice of Charges Michael Alson Smith, M.D. Page 1 of 6

2 7. Dr. Smith has provided treatment to Patient A for medical conditions ranging from gastroesophageal reflux disease and idiopathic peripheral neuropathy to chronic back pain and schizoaffective disorder, bipolar type. Dr. Smith prescribed Percocet (oxycodone and acetaminophen), a Schedule II controlled substance, to treat Patient A s chronic back pain and Zyprexa (olanzapine) to treat Patient A s schizoaffective disorder, bipolar type. 8. During a regularly scheduled office visit in August 2017, Dr. Smith, by force or coercion, engaged in a sexual act 1 and had sexual contact 2 with Patient A. 9. There was no legitimate medical purpose for Dr. Smith to engage in a sexual act or have sexual contact with Patient A and he did so for his own personal gratification. 10. By engaging in a sexual act and having sexual contact with Patient A, Dr. Smith committed unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6), and grounds exist under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition, or limit Dr. Smith s license to practice medicine issued to him by the Board 1 Sexual act means cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person s body: provided, that it shall be an affirmative defense that the penetration was for accepted medical purposes. 2 Sexual contact means (i) touching the sexual organ, anus, breast, groin, or buttocks of any person, (ii) a person touching another person with their own sexual organ, anus, breast, groin, or buttocks, or (iii) a person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person. Notice of Charges Michael Alson Smith, M.D. Page 2 of 6

3 or to deny any application he might make in the future for a license to practice medicine. SECOND CHARGE 11. Paragraphs one through ten (10) are re-alleged and incorporated herein by reference. 12. By engaging in a sexual act and having sexual contact with Patient A, Dr. Smith engaged in immoral and dishonorable conduct within the meaning of N.C. Gen. Stat (a)(1), which is grounds under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition, or limit Dr. Smith s license to practice medicine issued by the Board or to deny any application he might make in the future for a license to practice medicine. THIRD CHARGE 13. Paragraphs one through twelve (12) are re-alleged and incorporated herein by reference. 14. Patient B has been diagnosed with various medical conditions and ailments including anxiety disorder, opioid dependence, and drug dependence. Dr. Smith treated Patient B s anxiety disorder by prescribing Klonopin (clonazepam), a benzodiazepine and Schedule IV controlled substance. Dr. Smith treated Patient B s drug dependence by prescribing Subutex (buprenorphine), a Schedule III controlled substance. Notice of Charges Michael Alson Smith, M.D. Page 3 of 6

4 15. In September 2017, during a regularly scheduled office visit for opioid management medication review, and perhaps on other occasions, Dr. Smith engaged in vaginal intercourse with Patient B in an examination room. 16. There was no legitimate medical purpose for Dr. Smith to engage in vaginal intercourse with Patient B and he did so for his own personal gratification. 17. By engaging in vaginal intercourse with Patient B, Dr. Smith committed unprofessional conduct within the meaning of N.C. Gen. Stat (a)(6), and grounds exist under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition, or limit Dr. Smith s license to practice medicine issued to him by the Board or to deny any application he might make in the future for a license to practice medicine. FOURTH CHARGE 18. Paragraphs one through seventeen (17) are re-alleged and incorporated herein by reference. 19. By engaging in vaginal intercourse with Patient B, Dr. Smith engaged in immoral and dishonorable conduct within the meaning of N.C. Gen. Stat (a)(1), which is grounds under that section of the North Carolina General Statutes for the Board to annul, suspend, revoke, condition, or limit Dr. Smith s license to practice medicine issued by the Board or to deny any Notice of Charges Michael Alson Smith, M.D. Page 4 of 6

5 application he might make in the future for a license to practice medicine. NOTICE TO DR. SMITH Pursuant to N.C. Gen. Stat , it is hereby ordered that a hearing on the foregoing Notice of Charges and Allegations will be held before the Board, or a panel thereof, at 8:00 a.m., Thursday, December 14, 2017, or as soon thereafter as the Board may hear it, at the offices of the Board at 1203 Front Street, Raleigh, North Carolina, to continue until completed. The hearing will be held pursuant to N.C. Gen. Stat. 150B-40, 41, and 42, and N.C. Gen. Stat , 14.3, 14.4, 14.5, 14.6 and You may appear personally and through counsel, may cross-examine witnesses and present evidence in your own behalf. You may, if you desire, file written answers to the charges and complaints preferred against you within thirty (30) days after the service of this notice. The identities of Patients A and B are being withheld from public disclosure pursuant to N.C. Gen. Stat However, this information will be provided to you or your attorney upon request. Pursuant to N.C. Gen. Stat. 150B-40(c)(5) and 21 NCAC 32N.0110(c), it is further ordered that the parties shall arrange a pre-hearing conference at which they shall prepare and sign a Notice of Charges Michael Alson Smith, M.D. Page 5 of 6

6 stipulation on pre-hearing conference. The pre-hearing stipulation shall be submitted to the undersigned no later than seven (7) days prior to the hearing date. The right to be present during the hearing of this case, including any such right conferred or implied by N.C. Gen. Stat. 150B-40(d) and N.C. Gen. Stat. 14.2, shall be deemed waived by a party or his counsel by voluntary absence from the Board s office at a time when it is known that proceedings, including deliberations, are being conducted, or are about to be conducted. In such event, the proceedings, including additional proceedings after the Board has retired to deliberate, may go forward without waiting for the arrival or return of counsel or a party. This the 24th day of October, NORTH CAROLINA MEDICAL BOARD By: Eleanor E. Greene, M.D. President Notice of Charges Michael Alson Smith, M.D. Page 6 of 6