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BEFORE THE NORTH CAROLINA MEDICAL BOARD In re: ) ) ) ) ) Phillip Barton Land, P.A., Respondent. NOTICE OF CHARGES AND ALLEGATIONS; NOTICE OF 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 is the proper party to bring this proceeding under the authority granted it in Article 1 of Chapter 90 of the North Carolina General Statutes. 2. perform On July medical 24, acts, 1999, tasks the Board and issued functions as a license a to physician assistant to Phillip Barton Land (“Mr. Land”), license number 102750. 3. During the times relevant herein, Mr. Land performed medical acts, tasks and functions as a physician assistant in Denton, North Carolina. 4. In April 2006, Mr. Land was arrested by Greensboro police officers for assault by pointing a gun and going armed in the terror of the public. The charges arose out of Mr. Land pointing a gun during a confrontation with an employee while ordering food at a restaurant drive-through window. Notice of Charges – Phillip Barton Land, P.A. Page 1 of 5 5. When he was arrested, Mr. Land appeared impaired and he informed the officers that he was taking Bupap® (butalbital), a controlled substance, for headaches. 6. Later that same day, the Greensboro police responded to second call involving Mr. Land. During this call, Mr. Land was found lying on the bed of his residence and had told officer that he “had taken over 100 pills and wanted to die.” Mr. Land was transported to a local hospital and treated for a suicide attempt involving an intentional drug overdose, having suicidal thoughts and depression. 7. Mr. Land resolved his criminal charges by agreeing to a one year deferred prosecution agreement. In June 2007, Mr. Land completed his one year deferred prosecution agreement and the charges were dismissed. 8. In October 2006, Mr. assistant license with the Board. Land renewed his physician In his October 2006 license renewal form, Mr. Land was asked the following: “Since you LAST REGISTERED with the N.C. Medical Board have you been charged with (arrested, indicted or arraigned), convicted of, or pled guilty or nolo contendre (no contest) to a crime?” Mr. Land answered “No.” REGISTERED with Mr. the Land North also was Carolina asked: “Since you Medical Board, have LAST you engaged in the excessive use of alcohol or prescription drugs, Notice of Charges – Phillip Barton Land, P.A. Page 2 of 5 or the use of illegal drugs, or treatment for alcohol or drug use?” 9. These answers were false. 10. Mr. Land suffers from received any therapy or Again, he answered “No.” opiate dependence. In two separate drug screens, one conducted by the Board and another conducted by the North Carolina Physicians Health Program, Mr. Land tested positive for the following controlled substances, phentermine, butalbital, phenobarbital and propoxyphene. Prior to his drug screens Mr. Land did disclose his use of phentermine but did not disclose his other drug use to Board staff or NC PHP staff. With the exception of phentermine, Mr. Land did not possess a valid prescription for the controlled substances identified in the drug screens. 11. On May 12, 2008, Mr. Land surrendered his North Carolina physician assistant license. 12. Mr. Land’s conduct, as described above, constitutes unprofessional conduct within the meaning of N.C. Gen. Stat. § 90-14(a)(6) and 21 NCAC 32S.0113(1), and grounds exist under those sections of the North Carolina Administrative Code and the North Carolina General Statutes for the Board to annul, suspend, revoke, or limit Mr. Land’s physician assistant license issued by the Board or to deny any application he might make in the future. Notice of Charges – Phillip Barton Land, P.A. Page 3 of 5 13. Mr. Land, as evidenced by the above, is unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of alcohol, drugs, chemicals, or any other type of material or by reason of any physical or mental abnormality, within the meaning of N.C. Gen. Stat. § 90-14(a)(5) and 21 NCAC 32S.0113(1), and grounds would exist under that section of the General Statutes and the North Carolina suspend, Administrative revoke, or limit Code Mr. for Land’s the Board license to to annul, practice medicine as a physician assistant issued by the Board or to deny any application he might make in the future, and NOTICE TO MR. LAND Pursuant to N.C. Gen. Stat. § 90-14.2, 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, on Wednesday, October 15, 2008, at 8:00 a.m. 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. § 90-14.2, 14.4, 14.5, and 14.6. You may appear personally and through counsel, may cross-examine witnesses and present evidence in your own behalf. Notice of Charges – Phillip Barton Land, P.A. Page 4 of 5 You may, if you desire, file written answers to the charges and complaints preferred against you within 30 days after the service of this notice. Pursuant to N.C. Gen. Stat. § 150B-40(c)(5), it is further ordered that the parties shall arrange a prehearing conference at which they shall prepare and sign a stipulation on prehearing conference. The prehearing stipulation shall be submitted to the undersigned no later than seven 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), 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 28th day of July, 2008. NORTH CAROLINA MEDICAL BOARD By: ____________________________ Janelle A. Rhyne, M.D. President Notice of Charges – Phillip Barton Land, P.A. Page 5 of 5