Mark-Leeson-1-SubstanceAbuse-UnjustifiedPrescriptions[smallpdf.com].pdf

8/14/2019 Mark-Leeson-1-SubstanceAbuse-UnjustifiedPrescriptions[smallpdf.com].pdf

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STEPnCONSENT AGREEMENTBETWEENMARK C. LEESON, M.D.,AND

THE STATE MEDICAL BOARD OF OHIO

This Consent Agreement is entered into by and between Mark C. Leeson, M.D. [Dr. Leeson], andthe State Medical Board of Ohio [Board], a state agency charged with enforcing Chapter 4731.,Ohio Revised Code.Dr. Leeson enters into this Consent Agreement being fully informed of his rights under Chapter119., Ohio Revised Code, including the right to representation by counsel and the right to aformal adjudicative hearing on the issues considered herein.

BASIS FOR ACTIONThis Consent Agreement is entered into on the basis of the following stipulations, admissionsand understandings:

A. The Board is empowered by Section 4731.22(B), Ohio Revised Code, to limit,revoke, suspend a certificate, refuse to register or reinstate an applicant, or reprimandor place on probation the holder of a certificate for violation of Section4731.22(B)(26), Ohio Revised Code, for "impairment ofability to practice accordingto acceptable and prevailing standards of care because of habitual or excessive use orabuse of drugs, alcohol, or other substances that impair ability to practice;" and/orSection 4731.22(B)(10), Ohio Revised Code, "[c]ommission of an act that constitutesa felony in this state, regardless of thejurisdiction in which the act was committed."

B. The Board enters into this Consent Agreement in lieu of formal proceedings basedupon the violations of Section 4731.22(B)(26), Ohio Revised Code; and Section4731.22(B)( 10), Ohio Revised Code, to wit: Deception to Obtain a Dangerous Drug,Section 2925.22, Ohio Revised Code, Illegal Processing of Drug Documents, Section2925.23, Ohio Revised Code, and/or Theft, Section 2913.02, Ohio Revised Code, asset forth in Paragraph E of the Step I Consent Agreement Between Mark C. Leeson,M.D., and the State Medical Board of Ohio, effective August 11,2010 [August 2010Step I Consent Agreement], and as set forth in Paragraph E below. The Boardexpressly reserves the right to institute formal proceedings based upon any otherviolations of Chapter 4731. of the Revised Code, whether occurring before or after theeffective date of this Agreement. Such express reservation includes, but is not limitedto, violations based on any methods used by Dr. Leeson to obtain controlledsubstances and/or dangerous drugs for self-use, and/or acts involving patient care or


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STEP H CONSENT AGREEMENTMARKC.LEESON, M.D.PAGE 2

otherwise involving patients, other than as particularly referenced or described inParagraph E of the August 2010 Step I Consent Agreement.

C. Dr. Leeson is seeking reinstatement of his certificate to practice medicine and surgery,license number 35.042998, which was indefinitely suspended, but not less than 180days, pursuant to the August 20 I0 Step I Consent Agreement, a copy of which isattached hereto and incorporated herein.

D. Dr. Leeson states that he is also licensed to practice medicine and surgery in the Stateof West Virginia

E. Dr. Leeson admits that after entering residential treatment for chemical dependencyon or about July 16, 2010, at Shepherd Hill, a Board-approved treatment provider inNewark., Ohio, he was discharged, treatment complete, on or about August 27, 2010.Dr. Leeson states, and the Board acknowledges receipt of information to support, thatsince being discharged from Shepherd Hill, he has remained compliant with theaftercare contract he entered on or about September 15,2010, including attending andparticipating in at least three 12-step meetings per attending at least oneaftercare meeting per week. and submitting to random drug and alcohol testing. Dr.Leeson admits that the aforementioned aftercare contract remains in effect.Dr. Leeson states, and the Board acknowledges, that Richard N. Whitney, M.D.,Medical Director at Shepherd Hill, has provided a written report indicating that Dr.Leeson's ability to practice has been assessed and that he has been found capable ofpracticing according to acceptable and prevailing standards of care, so long as certaintreatment and monitoring conditions are in place. Dr. Leeson further states, and theBoard acknowledges, that Alan Shein, M.D., Medical Director of Ignatia Hall at St.Thomas Hospital, a Board-approved treatment provider in Akron, Ohio, has provideda written report indicating that Dr. Leeson 's ability to practice has been assessed andthat he has been found capable of practicing according to acceptable and prevailingstandards of care, so long as certain treatment and monitoring conditions are in place,including that Dr. Leeson restrict his hours to no more than forty hours per week forthe first eighteen months from the date of his sobriety.Accordingly, Dr. Leeson states, and the Board acknowledges receipt to information tosupport, that Dr. Leeson has substantially fulfilled the conditions for reinstatement ofhis certificate to practice medicine and surgery in the State of Ohio, as established inthe above-referenced August 2010 Step I Consent Agreement.

AGREED CONDITIONSWherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and inlieu of any formal proceedings at this time, the certificate of Dr. Leeson to practice medicine and


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LTEP II CONSENT AGREEMENTMARKC.LEESON, M.D.PAGE 3 JAN 3 1 2surgery in the State of Ohio shall be REINSTATED, and Dr. Leeson knowingly and voluntarilyagrees with the Board to the following PROBATIONARY terms, conditions and limitations:

1. Dr. Leeson shall obey all federal, state, and local laws, and all roles governing thepractice of medicine in Ohio.

2. Dr. Leeson shall submit quarterly declarations under penalty of Board disciplinaryaction and/or criminal prosecution, stating whether there has been compliance with allthe conditions of this Consent Agreement. The first quarterly declaration must bereceived in the Board's offices on the date his quarterly declaration would have beendue pursuant to his August 2010 Step I Consent Agreement with the Board, or asotherwise requested by the Board. Subsequent quarterly declarations must bereceived in the Board's offices on or before the first day of every third month.

3. Dr. Leeson shall appear in person for an interview before the full Board or itsdesignated representative. The flfSt such appearance shall take place on the date hisappearance would have been scheduled pursuant to his August 2010 Step I ConsentAgreement with the Board. Subsequent personal appearances must occur every threemonths thereafter, and/or as otherwise requested by the Board. If an appearance ismissed or is rescheduled for any reason, ensuing appearances shall be scheduledbased on the appearance date as originally scheduled.

4. Dr. Leeson shall obtain permission from the Board for departures or absences fromOhio. Such periods of absence shall not reduce the probationary term, unlessotherwise determined by motion of the Board for absences of three months or longer,or by the Secretary or the Supervising Member of the Board for absences ofless thanthree months, in instances where the Board can be assured that probationarymonitoring is otherwise being performed. Further, the Secretary and SupervisingMember of the Board shall have the discretion to grant a waiver of part or all of theprobationary terms set forth in this Consent Agreement for occasional periods ofabsence of fourteen days or less. Inthe event that Dr. Leeson resides and/or isemployed at a location that is within fifty miles of the geographic border of Ohio andany of its contiguous states, Dr. Leeson may travel between Ohio and that contiguousstate without seeking prior approval of the Secretary or Supervising Member providedthat Dr. Leeson is able to otherwise maintain full compliance with all other terms,conditions and limitations set forth in this Consent Agreement.

5. In the event Dr. Leeson is found by the Secretary of the Board to have failed tocomply with any provision of this Consent Agreement, and is so notified of thatdeficiency in writing, such period(s) of noncompliance will not apply to the reductionof the probationary period under this Consent Agreement.


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STEP II CONSENT AGREEMENTMARKC.LEESON, M.D.PAGE 4

MONITORING OF REHABILITATION AND TREATMENTDl1Ig Associated RestrictioDs

6. Dr. Leeson shall keep a log of all controlled substances prescribed. Such log shall be in the format approved by the on the date upon which Dr.Leeson's

quarterly declaration is due, or as otherwise directed by the Board. Further, Dr.Leeson shall make his patient records with regard to such prescribing available forreview by an agent of the Board immediately upon request.

7. Dr. Leeson shall not, without prior Board approval, administer,personally furnish, orpossess (except as allowed under Paragraph 8 below) any controlled substances asdefined by state or federal law. In the event that the Board agrees at a future date tomodify this Consent Agreement to allow Dr. Leeson to administer or personallyfurnish controlled substances, Dr. Leeson shall keep a log of all controlled substancesprescribed, administered or personally furnished. Such log shall be submitted in theformat approved by the Board and shall be submitted to the Board no later than thedate upon which Dr.Leeson's quarterly declaration is due, or as otherwise directed bythe Board. Further, Dr.Leeson shall make his patient records with regard to suchprescribing, administering, or personally furnishing available for review by an agentof the Board immediately upon request.

Sobriety8. Dr.Leeson shall abstain completely from the personal use or personal possession of

drugs, except those prescribed, dispensed or administered to him by another soauthorized by law who has full knowledge of Dr. Leeson's history of chemicaldependency. Further, in the event that Dr.Leeson is so prescribed, dispensed oradministered any controlled substance, carisoprodol, or tramadol, Dr.Leeson shallnotify the Board in writing within seven days, providing the Board with the identity ofthe prescriber; the name of the drug Dr.Leeson received; the medical purpose forwhich he received said drug; the date such drug was initially received; and the dosage,amount, number of refills, and directions for use. Further, within thirty days of thedate said drug is so prescribed, dispensed, or administered to him, Dr.Leeson shallprovide the Board with either a copy of the written prescription or other writtenverification from the prescriber, including the dosage, amount, number of refills, anddirections for use.

9. Dr. Leeson shall absta in completely from the use of alcohol.Drug and Alcohol ScreenslDrug Testing Facility and Collection Site

10. Dr. Leeson shall submit to random urine screenings for drugs and alcohol at least twotimes per month, or as otherwise directed by the Board. Dr. Leeson shall ensure that


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STEPII CONSENTAGREEMENTMARKC. LEESON,M.D.PAGES 1 10/ i

all screening reports are forwarded directly to the Board on a quarterly basis. Thedrug testing panel utilized must be acceptable to the Secretary of the Board, and shallinclude Dr. Leeson's drug(s) of choice.Dr. Leeson shall abstain from the use of any substance and the consumption of poppyseeds or any other food or liquid that may produce a low level positive result in atoxicology screen. Dr. Leeson acknowledges that he understands that theconsumption or use of such substances, including but not limited to substances suchas mouthwash or hand cleaning gel, may cause a positive drug screen that may not beable to be differentiated from intentional ingestion, and therefore such consumption oruse is prohibited under this Consent Agreement.All such urine screenings for drugs and alcohol shall be conducted through a Boardapproved drug testing facility and collection site pursuant to the global contractbetween said facility and the Board, that provides for the Board to maintain ultimatecontrol over the urine screening process and to preserve the confidentiality of allpositive screening results in accordance with Section 4731.22(FX5), Ohio RevisedCode, and the screening process shall require a daily call-in procedure. Further, in theevent that the Board exercises its discretion, as provided in Paragraph 11 below, toapprove urine screenings to be conducted at an alternative drug testing facility and/orcollection site or a supervising physician, such approval shall be expressly contingentupon the Board retaining ultimate control over the urine screening process in amanner that preserves the aforementioned confidentiality of all positive screeningresults.Dr. Leeson shall submit, at his expense and on the day selected, urine specimens fordrug and/or alcohol analysis. All specimens submitted by Dr. Leeson shall benegative, except for those substances prescribed, administered, or dispensed to him inconfonnance with the tenns, conditions and limitations set forth in this ConsentAgreement. Refusal to submit such specimen, or failure to submit such specimen onthe day he is selected or in such manner as the Board may request, shall constitute aviolation of this Consent Agreement.Further, within thirty days ofthe effective date of this Consent Agreement, Dr.Leeson shall enter into the necessary financial and/or contractual arrangements withthe Board-approved drug testing facility and/or collection site in order to facilitate theurine screening process in the manner required by this Consent Agreement. Further,Dr. Leeson shall promptly provide to the Board written documentation ofcompletionof such arrangements, including a copy of any contract entered into between Dr.Leeson and the Board-approved drug testing facility and/or collection site. Dr.Leeson's failure to timely complete such arrangements, or failure to timely providewritten documentation to the Board of completion of such arrangements, shallconstitute a violation of this Consent Agreement However, Dr. Leeson and theBoard further agree that in the event Dr. Leeson previously entered into the


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IISTEP II CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE 7

submit to the Board in writing for its prior approval the identity of either analternate drug testing facility and collection site, or the name of a proposedsupervising physician, to whom Dr. Leeson shall submit the required minespecimens. In approving a facility, entity, or an individual to serve in thiscapacity, the Board will give preference to a facility located near Dr. Leeson'sresidence or employment location, or to a physician who practices in the samelocale as Dr. Leeson. Dr. Leeson shall ensure that the urine screening processperformed through the alternate drug testing facility and/or collection site, orthrough the supervising physician, requires a daily call-in procedure; that theurine specimens are obtained on a random basis; and that the giving of thespecimen is witnessed by a reliable person. In addition, Dr. Leesonacknowledges that the alternate drug testing facility and collection site, or thesupervising physician, shall assure that appropriate control over the specimen ismaintained and shall immediately inform the Board of any positive screeningresults.

b. Dr. Leeson shall ensure that the alternate drug testing facility and/or collectionsite, or the supervising physician, provides quarterly reports to the Board, in aformat acceptable to the Board, verifYing whether all urine screens have beenconducted in compliance with this Consent Agreement, and whether all urinescreens have been negative.

c. In the event that the designated alternate drug testing facility and/or collectionsite, or the supervising physician, becomes unable or unwilling to so serve, Dr.Leeson must immediately notify the Board in writing. Dr. Leeson shall furtherensure that the previously designated alternate drug testing facility andcollection site, or the supervising physician, also notifies the Board directly ofthe inability to continue to serve and the reasons therefore. Further, in order toensure that there will be no interruption in his urine screening process, upon thepreviously approved alternate drug testing facility, collect ion site, or supervisingphysician becoming unable to serve, Dr. Leeson shall immediately commenceurine screening at the Board-approved drug testing facility and collection sitechosen by the Board, until such time, if any, that the Board approves asubsequent alternate drug testing facility, collection site, or supervisingphysician, if requested by Dr. Leeson.

d. The Board expressly reserves the right to disapprove any entity or facilityproposed to serve as Dr. Leeson's designated alternate drug testing facilityand/or collection site, or any person proposed to serve as his supervisingphysician, or to withdraw approval of any entity, facility or person previouslyapproved to so serve in the event that the Secretary and Supervising Member ofthe Board determine that any such entity, facility or person has demonstrated alack ofcooperation in providing information to the Board or for any otherreason.


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STEP IT CONSENT AGREEMENTMARK C. LEESON, M.D. LPAGE 8 fv, 1 it12. All screening reports required under this Consent Agreement from the

approved drug testing facility and/or collection site, or from the alternate drug testingfacility and/or collection site or supervising physician, must be received in theBoard's offices no later than the due date for Dr. Leeson's quarterly declaration. It isDr. Leeson's responsibility to ensure that reports are timely submitted.

13. The Board retains the right to require, and Dr. Leeson agrees to submit , blood, urine,breath, saliva and/or hair specimens for screening for drugs and alcohol, for analysisof therapeutic levels of medications that may be prescribed for Dr. Leeson, or for anyother purpose, at Dr. Leeson's expense upon the Board's request and without priornotice. Dr. Leeson's refusal to submit a specimen upon request ofthe Board shallresult in a minimum of one year of actual license suspension. Further, the collectionof such specimens shall be witnessed by a representative of the Board, or anotherperson acceptable to the Secretary or Supervising Member of the Board.

Mo itoring Physician14. Before engaging in any medical practice, Dr. Leeson shall submit to the Board in

writing the name and curriculum vitae of a monitoring physician for prior writtenapproval by the Secretary or Supervising Member of the Board. In approving anindividual to serve in this capacity, the Secretary and Supervising Member will givepreference to a physician who practices in the same locale as Dr. Leeson and who isengaged in the same or similar practice specialty.The monitoring physician shall monitor Dr. Leeson and his medical practice, andshall review Dr. Leeson's patient charts. The chart review may be done on a randombasis, with the frequency and number of charts reviewed to be determined by theBoard.Further, the monitoring physician shall provide the Board with reports on themonitoring of Dr. Leeson and his medical practice, and on the review of Dr. Leeson'spatient charts. Dr. Leeson shall ensure that the reports are forwarded to the Board ona quarterly basis and are received in the Board's offices no later than the due date forDr. Leeson's quarterly declaration.In the event that the designated monitoring physician becomes unable or unwilling toserve in this capacity, Dr. Leeson must immediately so notify the Board in writing. Inaddition, Dr. Leeson shall make arrangements acceptable to the Board for anothermonitoring physician within thirty days after the previously designated monitoringphysician becomes unable or unwilling to serve, unless otherwise determined by theBoard. Furthermore, Dr. Leeson shall ensure that the previously designatedmonitoring physician also notifies the Board directly of his or her inability to continueto serve and the reasons therefore.


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STEP II CONSENT AGREEMENTMARK C. LEESON, M.D. lPAGE 9 , I V . 1 2 I I,The Board expressly reserves the right to disapprove any person proposed toserve as Dr. Leeson's designated monitoring physician, or to withdraw approvalof any person previously approved to serve as Dr. Leeson's designatedmonitoring physician, in the event that the Secretary and Supervising Memberof the Board detennine that any such monitoring physician has demonstrated alack of cooperation in providing infonDation to the Board or for any otherreason.

Rehabilitation Program15. Dr. Leeson shall maintain participation in an alcohol and drug rehabilitation program,such as A.A., N.A., C.A., or Caduceus, no less than three times per week.

Substitution of any other specific program must receive prior Board approval.Dr. Leeson shall submit acceptable documentary evidence of continuing compliancewith this program, including submission to the Board of meeting attendance logs,which must be received in the Board's offices no later than the due date for Dr.Leeson's quarterly declarations.

Aftercare16. Dr. Leeson shall contact an appropriate impaired physicians committee, approved by

the Board, to arrange for assistance in recovery or aftercare.

17. Dr. Leeson shall maintain continued compliance with the tenns of the aftercarecontract entered into with a Board-approved treatment provider, provided that, wheretenns of the aftercare contract conflict with tenns of this Consent Agreement, thetenDs of this Consent Agreement shall control.

Work Hour Limitation18. Dr. Leeson shall limit his work hours to no more than forty hours of work per week,

until otherwise approved by the Board. Dr. Leeson shall keep a log reflecting thedates, times, and facilities and/or locations at which he works. Dr. Leeson shallsubmit his work log for receipt in the Board's offices no later than the due date for Dr.Leeson 's quarterly declaration.Any request by Dr. Leeson for modification oftbe limitation on work hours set forthin this paragraph shall be accompanied by documentation from a physician affiliatedwith a Board approved treatment provider, or other physician approved by the Boardfor this purpose, who has evaluated Dr. Leeson, indicating that such physiciansupports Dr. Leeson's request for modification.


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STEP II CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE 11 .JAN 1. 2L/

21. Within thirty days of the effective date of this Consent Agreement, Dr. Leeson shallprovide a copy of this Consent Agreement to the proper licensing authority of anystate or jurisdiction in which he currently holds any professional license, as well asany federal agency or entity, including but not limited to the Drug EnforcementAgency, through which he currently holds any license or certificate. Dr. Leesonfurther agrees to provide a copy of this Consent Agreement at time of application tothe proper licensing authority of any state in which he applies for any professionallicense or for reinstatement of any professional license. Further, Dr. Leeson shallprovide the Board with one of the following documents as proofof each requirednotification within thirty days of the date of each such notification: (1) the returnreceipt of certified mail wi thin thirty days of receiving that return receipt, (2) anacknowledgement of delivery bearing the original ink signature of the person towhom a copy of the Consent Agreement was hand delivered, (3) the originalfacsimile-generated report continuing successful transmission of a copy of theConsent Agreement to the person or entity to whom a copy of the Consent Agreementwas faxed, or (4) an original computer-generated printout of electronic mailcommunication documenting the email transmission of a copy of the ConsentAgreement to the person or entity to whom a copy of the Consent Agreement wasemailed.

22. Dr. Leeson shall promptly provide a copy of this Consent Agreement to all personsand entities that provide Dr. Leeson chemical dependency treatment or monitoring.Further, Dr. Leeson shall provide the Board with one of the following docwnents asproofof each required notification within thirty days of the date of each suchnotification: (1) the return receipt of certified mail within thirty days of receiving thatreturn receipt, (2) an acknowledgement of delivery bearing the original ink signatureof the person to whom a copy of the Consent Agreement was hand delivered, (3) theoriginal facsimile-generated report confirming successful transmission of a copy ofthe Consent Agreement to the person or entity to whom a copy of the ConsentAgreement was faxed, or (4) an original computer-generated printout ofelectronicmail conununication documenting the email transmission of a copy of the ConsentAgreement to the person or entity to whom a copy of the Consent Agreement wasemailed.

23. Dr. Leeson shall notifY the Board in writing of any change of principal practiceaddress or residence address within thirty days of such change.FAILURE TO COMPLY

If, in the discretion of the Secretary and Supervising Member of the Board, Dr. Leeson appears tohave violated or breached any term or condition of this Consent Agreement, the Board reservesthe right to institute formal disciplinary proceedings for my and all possible violations orbreaches, including, but not limited to, alleged violations of the laws of Ohio occurring beforethe effective date of this Consent Agreement.


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STEP II CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE 12

If the Secretary and Supervising Member of the Board detennine that there is clear andconvincing evidence that Dr. Leeson has violated any tenn, condition or limitation of thisConsent Agreement, Dr. Leeson agrees that the violation, as alleged, also constitutes clear andconvincing evidence that his continued practice presents a danger of immediate and serious harmto the public for purposes of initiating a summary suspension pursuant to Section 4731.22(G),Ohio Revised Code.

DURAT10NIMODIFICATION OF TERMSDr. Leeson shall not request termination of this Consent Agreement for a minimum of five years.In addition, Dr. Leeson shall not request modification to the probationary terms, limitations, andconditions contained herein for at least one year, except that Dr. Leeson may make such requestwith the mutual approval and joint recommendation of the Secretary and Supervising Member.Otherwise, the above-described terms, limitations and conditions may be amended or tenninatedin writing at any time upon the agreement of both parties.In the event that the Board initiates future formal proceedings against Dr. Leeson, including butnot limited to issuance of a Notice of Opportunity for Hearing, this Consent Agreement shallcontinue in full force and effect until such time that it is superseded by ratification by the Boardof a subsequent Consent Agreement or issuance by the Board of a final Board Order.In the event that any tenn, limitation, or condition contained in this Consent Agreement isdetermined to be invalid by a court of competent jurisdiction, Dr. Leeson and the Board agreethat all other terms, limitations, and conditions contained in this Consent Agreement shall beunaffected.

ACKNOWLEDGMENTSILIABILITY RELEASEDr. Leeson acknowledges that he has had an opportunity to ask questions concerning the tenns ofthis Consent Agreement and that all questions asked have been answered in a satisfactorymanner.Any action initiated by the Board based on alleged violations of this Consent Agreement shallcomply with the Administrative Procedure Act, Chapter 119., Ohio Revised Code.

Dr. Leeson hereby releases the Board, its members, employees, agents, officers andrepresentatives join tly and severally from any and all liability arising from the within matter.This Consent Agreement shall be considered a public record as that tenn is used in Section149.43, Ohio Revised Code. Further, this infonnation may be reported to appropriateorganizations, data banks and governmental bodies. Dr. Leeson acknowledges that his socialsecurity number will be used if this information is so reported and agrees to provide his socialsecurity number to the Board for such purposes.


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STEP II CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE 13

EFFECTIVE DATEIt is expressly understood that this Consent Agreement is subject to ratification by the Boardprior to signature by the Secretary and Supervising Member and shall become effective upon the

__LANCE A. TALMASecretary

-F:b. t ;Lo1tATE / DATE I

Attorney for Dr. Leeson

DATE DATE

MARK R. BLACKMEREnforcement Attorney

7DATE


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STEP I CCONSENT AGREEMENT - 1- !.BETWEEN r 'l: =MARK C. LEESON, M.D., ." ...-; -r jAND , I

TH STATE MEDICAL BOARD OF OHIO _ :....>---.1 ,o

This Consent Agreement is entered into by and between Mark C. Leeson, M.D. [Dr. ..othe State Medical Board of Ohio [Board], a state agency charged with enforcing Chapter 4731.,Ohio Revised Code.Dr. Leeson enters into this Consent Agreement being fully informed of his rights under Chapter119., Ohio Revised Code, including the right to representation by counsel and the right to a formaladjudicative hearing on the issues considered herein.

BASIS FOR ACTIONThis Consent Agreement is entered into on the basis of the following stipulations, admissions andunderstandings:

A. The Board is empowered by Section 4731.22(B), Ohio Revised Code, to limit, revoke,suspend a certificate, refuse to register or reinstate an applicant, or reprimand or place onprobation the holder of a certificate for violation of Section 4731.22(B)(26), OhioRevised Code, for "impairment of ability to practice according to acceptable andprevailing standards of care because of habitual or excessive use or abuse of drugs,alcohol, or other substances that impair ability to practice;" and/or Section4731.22(B)(1 0), Ohio Revised Code, "[c]ommission of an act that constitutes a felony inthis state, regardless of the jurisdiction in which the act was committed."

B. The Board enters into this Consent Agreement in lieu of formal proceedings based uponthe violations of Section 4731.22(B)(26), Ohio Revised Code; and Section4731.22(B)(10), Ohio Revised Code, to wit: Deception to Obtain a Dangerous Drug,Section 2925.22, Ohio Revised Code, Illegal Processing of Drug Documents, Section2925.23, Ohio Revised Code, and/or Theft, Section 2913.02, Ohio Revised Code, as setforth in Paragraph E below. The Board expressly reserves the right to institute formalproceedings based upon any other violations of Chapter 4731. of the Revised Code,whether occurring before or after the effective date of this Agreement. Such expressreservation includes, but is not limited to, violations based on any methods used by Dr.Leeson to obtain controlled substances and/or dangerous drugs for self-use other than asparticularly described herein, criminal acts other than as specifically referenced herein,and/or acts involving patient care or otherwise involving patients other than asparticularly described in Paragraph E below.


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t .STEP I CONSENT AGREEMENT. ,MARK C. LEESON, M.D. r . \PAGE 2

C; . 1, I. ) - .z: , Jc. Dr. Leeson is licensed to practice medicine and surgery in the State of Ohio,number 35.042998. nN '._

D. Dr. Leeson states that he is also licensed to practice medicine and surgery in theWest Virginia. - U

E. Dr. Leeson admits that he is chemically dependent, and that he inappropriately obtainedVicodin for his own use. Dr. Leeson further admits that he self-reported to the Boardthat he entered inpatient treatment on or about July 16, 2010, for chemical dependencyat Shepherd Hill, a Board-approved treatment provider in Newark, Ohio, and that suchinpatient treatment continues to date. Dr. Leeson further states that he has notpreviously had any treatment, inpatient or outpatient, for chemical dependency.Dr. Leeson admits that beginning in approximately the early 2000's, he inappropriatelyobtained Vicodin for self-use. Dr. Leeson further admits that he obtained Vicodin forself-use exclusively through the following methods: Dr. Leeson states that in the1990's he was appropriately prescribed Viciodin for pain in connection withdegenerative disk disease and arthritis, and beginning in or around 2000 to 2004, hetook Vicodin, on a few occasions, that had been prescribed to a family member; in oraround 2007 or 2008, he requested a prescription from a family member's treatingphysician for Vicodin, ostensibly for the family member, but he took that medicationhimself; and from approximately 2007 to 2010, Dr. Leeson wrote prescriptions forVicodin by signing the name of his treating physicians to the prescriptions, without theauthority or knowledge of the prescribing physicians. Dr. Leeson specifically deniesobtaining any dangerous drugs or controlled substances for self-use by any othermethods, and he states that at no time did he ever divert, sell or give any dangerousdrugs or controlled substances to anyone else (other than medications that heappropriately provided to patients for legitimate and therapeutic purposes in the courseof medical treatment). Dr. Leeson further states that he never directly or indirectlyinvolved patients in any of his efforts to obtain dangerous drugs or controlledsubstances for self-use. Dr. Leeson further attests that he only took the Vicodin while athome, and he never used it while on call or at work.

AGREED CONDITIONSWherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieuof any formal proceedings at this time, Dr. Leeson knowingly and voluntarily agrees with the Boardto the following terms, conditions and limitations:SUSPENSION OF CERTIFICATE

1. The certificate of Dr. Leeson to practice medicine and surgery in the State of Ohio shallbe SUSPENDED for an indefinite period of time , but not less than 180 days.

Obey all Laws


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STEP I CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE 3

; ,c. :1,J )

2. Dr. Leeson shall obey all federal, state, and local laws. c- '-" 1'[ 1JSobriety

N3. Dr. Leeson shall abstain completely from the personal use or personal possession O@drugs, except those prescribed, dispensed or administered to him by another so

authorized by law who has full knowledge of Dr. Leeson's history of chemicaldependency. Further, in the event that Dr. Leeson is so prescribed, dispensed oradministered any controlled substance, carisoprodol, or tramadol, Dr. Leeson shall notifythe Board in writing within seven days, providing the Board with the identity of theprescriber; the name of the drug Dr. Leeson received; the medical purpose for which hereceived said drug; the date such drug was initially received; and the dosage, amount,number of refills, and directions for use. Further, within thirty days of the date said drugis so prescribed, dispensed , or administered to him, Dr. Leeson shall provide the Boardwith either a copy of the written prescript ion or other written verification from theprescriber, including the dosage, amount, number of refills, and directions for use.

4. Dr. Leeson shall abstain completely from the use of alcohol.Absences from Ohio5. Dr. Leeson shall obtain permission from the Board for departures or absences from Ohio.

Such periods of absence shall not reduce the probationary term, unless otherwisedetermined by motion of the Board for absences of three months or longer, or by theSecretary or the Supervising Member of the Board for absences of less than threemonths , in instances where the Board can be assured that probationary monitoring isotherwise being performed. Further, the Secretary and Supervising Member of the Boardshall have the discret ion to grant a waiver of part or all of the monitoring terms set forthin this Consent Agreement for occasional periods of absence of fourteen days or less. Inthe event that Dr. Leeson resides and/or is employed at a location that is within fiftymiles of the geographic border of Ohio and any of its contiguous states, Dr. Leeson maytravel between Ohio and that contiguous state without seeking prior approval of theSecretary or Supervising Member provided that Dr. Leeson is able to otherwise maintainfull compliance with all other terms, conditions and limitations set forth in this ConsentAgreement.

Releases; Quarterly Declarations and Appearances6. Dr. Leeson shall provide authorization, through appropriate written consent forms, for

disclosure of evaluative reports, summaries, and records, of whatever nature, by any andall part ies that provide treatment or evaluation for Dr. Leeson's chemical dependency orrelated conditions, or for purposes of complying with this Consent Agreement, whethersuch treatment or evaluation occurred before or after the effective date of this ConsentAgreement. To the extent permitted by law, the above-mentioned evaluative reports,


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STEP I CONSENT AGREEMENTMARK C. LEESON, M.D.PAGES

to be conducted at an alternative drug testing facility and/or collection site or a r--:>supervising physician, such approval shall be expressly contingent upon theretaining ultimate control over the urine screening process in a manner that preserves the iaforementioned confidentiality of all positive screening results. ';-) - _ .o , - -Dr. Leeson shall submit, at his expense and on the day selected, urine specimens.for dBlg:and/or alcohol analysis. All specimens submitted by Dr. Leeson shall be - '

except for those substances prescribed, administered, or dispensed to him in 0conformance with the terms , conditions and limitations set forth in this ConsentAgreement. Refusal to submit such specimen, or failure to submit such specimen on theday he is selected or in such manner as the Board may request, shall constitute aviolation of this Consent Agreement.Further, within thirty days of the effective date of this Consent Agreement, Dr. Leesonshall enter into the necessary financial and/or contractual arrangements with theapproved drug testing facility and/or collection site in order to facilitate the urinescreening process in the manner required by this Consent Agreement. Further, Dr.Leeson shall promptly provide to the Board written documentation of completion of sucharrangements, including a copy of any contract entered into between Dr. Leeson and theBoard-approved drug testing facility and/or collection site. Dr. Leeson's failure to timelycomplete such arrangements, or failure to timely provide written documentation to theBoard of completion of such arrangements, shall constitute a violation of this ConsentAgreement.Dr. Leeson shall ensure that the urine screening process performed through theapproved drug testing facility and/or collection site requires a daily call-in procedure;that the urine specimens are obtained on a random basis; and that the giving of thespecimen is witnessed by a reliable person. In addition, Dr. Leeson and theapproved drug testing facility and collection site shall assure that appropriate controlover the specimen is maintained and shall immediately inform the Board of any positivescreening results.Dr. Leeson shall ensure that the Board-approved drug testing facility and/or collectionsite provides quarterly reports to the Board, in a format acceptable to the Board,verifying whether all urine screens have been conducted in compliance with this ConsentAgreement, and whether all urine screens have been negative.In the event that the Board-approved drug testing facility and/or collection site becomesunable or unwilling to serve as required by this Consent Agreement, Dr. Leeson mustimmediately notify the Board in writing, and make arrangements acceptable to theBoard, pursuant to Paragraph 10 below, as soon as practicable. Dr. Leeson shall furtherensure that the Board-approved drug testing facility and/or collection site also notifiesthe Board directly of its inability to continue to serve and the reasons therefore.


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Dr. Leeson acknowledges that the Board expressly reserves the right to withdraw "approval of any drug testing facility and/or collection site in the event that the Secretary .- and Supervising Member of the Board determine that the drug testing facility and/q s ,-collection site has demonstrated a lack of cooperation in providing information to . )Board or for any other reason. - - r t:

N t=10. Dr. Leeson and the Board agree that it is the intent of this Consent Agreement that -oLeeson shall submit his urine specimens to the Board-approved drug testing facility and

collection site chosen by the Board. However, in the event that utilizing saidapproved drug testing facility and/or collection site creates an extraordinary hardshipupon Dr . Leeson, as determined in the sole discretion of the Board, then subject to thefollowing requirements, the Board may approve an alternate drug testing facility and/orcollection site, or a supervising physician, to facilitate the urine screening process for Dr.Leeson:a. Within thirty days of the date upon which Dr. Leeson is notified of the Board's

determination that utilizing the Board-approved drug testing facility and/orcollection site constitutes an extraordinary hardship upon Dr. Leeson, he shallsubmit to the Board in writing for its prior approval the identity of either analternate drug testing facility and collection site, or the name of a proposedsupervising physician, to whom Dr. Leeson shall submit the required urinespecimens. In approving a facility, entity, or an individual to serve in this capacity,the Board will give preference to a facility located near Dr. Leeson's residence oremployment location, or to a physician who practices in the same locale as Dr.Leeson. Dr. Leeson shall ensure that the urine screening process performedthrough the alternate drug testing facility and/or collection site , or through thesupervising physician, requires a daily call-in procedure; that the urine specimensare obtained on a random basis; and that the giving of the specimen is witnessed bya reliable person. In addition, Dr. Leeson acknowledges that the alternate drugtesting facility and collection site, or the supervising physician, shall assure thatappropriate control over the specimen is maintained and shall immediately informthe Board of any positive screening results.

b. Dr. Leeson shall ensure that the alternate drug testing facility and/or collection site,or the supervising physician, provides quarterly reports to the Board, in a formatacceptable to the Board, verifying whether all urine screens have been conducted incompliance with this Consent Agreement, and whether all urine screens have beennegative.

c. In the event that the designated alternate drug testing facility and/or collection site,or the supervising physician, becomes unable or unwilling to so serve, Dr. Leesonmust immediately notify the Board in writing. Dr. Leeson shall further ensure thatthe previously designated alternate drug testing facility and collection site, or thesupervising physician, also notifies the Board directly of the inability to continue toserve and the reasons therefore. Further, in order to ensure that there will be no


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STEP I CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE 7interruption in his urine screening process, upon the previously approved alternate " .drug testing facility, collection site, or supervising physician becoming unable to.: ; .serve, Dr. Leeson shall immediately commence urine screening at the Boarct; =.approved drug testing facility and collection site chosen by the Board, untiltime, if any, that the Board approves a subsequent alternate drug testing facility,collection site, or supervising physician, if requested by Dr. Leeson. r: ?

"W :.TJd. The Board expressly reserves the right to disapprove any entity or facility proposed 0

to serve as Dr. Leeson 's designated alternate drug testing facility and/or collectionsite, or any person proposed to serve as his supervising physician, or to withdrawapproval of any entity , facility or person previously approved to so serve in theevent that the Secretary and Supervising Member of the Board determine that anysuch entity, facility or person has demonstrated a lack of cooperation in providinginformation to the Board or for any other reason.

11. All screening reports required under this Consent Agreement from the Board-approveddrug testing facility and/or collection site, or from the alternate drug testing facilityand/or collection site or supervising physician, must be received in the Board 's officesno later than the due date for Dr. Leeson's quarterly declaration. It is Dr. Leeson 'sresponsibility to ensure that reports are timely submitted.

12. The Board retains the right to require, and Dr. Leeson agrees to submit, blood, urine,breath, saliva and/or hair specimens for screening for drugs and alcohol, for analysis oftherapeutic levels of medications that may be prescribed for Dr. Leeson, or for any otherpurpose, at Dr. Leeson's expense upon the Board's request and without prior notice. Dr.Leeson's refusal to submit a specimen upon request of the Board shall result in aminimum of one year of actual license suspension. Further, the collection of suchspecimens shall be witnessed by a representative of the Board , or another personacceptable to the Secretary or Supervising Member of the Board .

Rehabilitation Program13. Within thirty days of the effective date of this Consent Agreement, Dr. Leeson shall

undertake and maintain participation in an alcohol and drug rehabilitation program, suchas A.A., N.A., C.A., or Caduceus, no less than three times per week. Substitution of anyother specific program must receive prior Board approval.Dr. Leeson shall submit acceptable documentary evidence of continuing compliance withthis program, including submission to the Board of meeting attendance logs, which mustbe received in the Board 's offices no later than the due date for Dr. Leeson 's quarterlydeclarations.

14. Immediately upon completion of any required treatment for chemical dependency, Dr.Leeson shall enter into an aftercare contract with a Board-approved treatment providerand shall maintain continued compliance with the terms of said aftercare contract,


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STEP I CONSENT AGREEMENTMARK C. LEESON, M.D.PAGE8

provided that, where the terms of the aftercare contract conflict with the terms of thisConsent Agreement, the terms of this Consent Agreement shall control.

CONDITIONS FOR REINSTATEMENTJ

15. The Board shall not consider reinstatement or restoration of Dr. Leeson 's certific e topractice medicine and surgery until all of the following conditions are met: Ca. Dr. Leeson shall submit an application for reinstatement or restoration, as N I"":appropriate, accompanied by appropriate fees, if any. .zCJb. Dr. Leeson shall demonstrate to the satisfaction of the Board that he can resumepractice in compliance with acceptable and prevailing standards of care under the

provisions of his certificate. Such demonstration shall include but shall not belimited to the following:1. Certification from a treatment provider approved under Section 4731.25 of

the Revised Code that Dr. Leeson has successfully completed any requiredinpatient treatment, including at least twenty-eight days of inpatient orresidential treatment for chemical abuse/dependence, as set forth in Rules4731-16-02 and 4731-16-08, Ohio Administrative Code, completedconsecutively.

11. Evidence of continuing full compliance with, or successful completion of, apost-discharge aftercare contract with a treatment provider approved underSection 4731.25 of the Revised Code. Such evidence shall include, but notbe limited to, a copy of the signed aftercare contract. The aftercare contractmust comply with rule 4731-16-10 of the Administrative Code .

111. Evidence of continuing full compliance with this Consent Agreement.IV. Two written reports indicating that Dr. Leeson 's ability to practice has been

assessed and that he has been found capable of practicing according toacceptable and prevailing standards of care. The reports shall be made byphysicians knowledgeable in the area of addictionology and who are eitheraffiliated with a current Board-approved treatment provider or otherwise havebeen approved in advance by the Board to provide an assessment of Dr.Leeson. Further, the two aforementioned physicians shall not be affiliatedwith the same treatment provider or medical group practice. Prior to theassessments, Dr. Leeson shall provide the evaluators with copies of patientrecords from any evaluations and/or treatment that he has received , and acopy of this Consent Agreement. The reports from the evaluators shallinclude any recommendations for treatment, monitoring, or supervision of Dr.Leeson, and any conditions, restrictions, or limitations that should be imposed


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on Dr. Leeson's practice. The reports shall also describe the basis for theevaluator's determinations.All reports required pursuant to this paragraph shall be based uponexaminations occurring within the three months immediately precedinganyapplication for reinstatement. Further, at the discretion of the Secretary andSupervising Member of the Board, the Board may request an updatedassessment and report if the Secretary and Supervising Member determinethat such updated assessment and report is warranted for any reason.

.v. In the event that the Board initiates future formal proceedings against Qi;.Leeson, including but not limited to issuance of a Notice of Opportunity'forHearing, Dr. Leeson shall be ineligible for reinstatement until suchproceedings are fully resolved by ratification by the Board of a subsequentConsent Agreement or issuance by the Board of a final Board Order.

c. Dr. Leeson shall enter into a written consent agreement including probationaryterms, conditions and limitations as determined by the Board within 180 days ofthe date upon which all the above-specified conditions for reinstatement orrestoration have been completed or, if the Board and Dr. Leeson are unable to agreeon the terms of a written Consent Agreement, then Dr. Leeson further agrees toabide by any terms, conditions and limitations imposed by Board Order after ahearing conducted pursuant to Chapter 119. of the Ohio Revised Code. The Boardshall provide notice to Dr. Leeson that said hearing has been scheduled, advisingDr. Leeson of his hearing rights, and stating the date, time, and location of thehearing at which the Board will present its evidence, after which the Board willmake a determination of the matter by Board Order.Further, upon reinstatement of Dr. Leeson's certificate to practice medicine andsurgery in this state, the Board shall require continued monitoring which shallinclude, but not be limited to, compliance with the written consent agreemententered into before reinstatement or with conditions imposed by Board Order aftera hearing conducted pursuant to Chapter 119. of the Revised Code. Moreover,upon termination of the consent agreement or Board Order, Dr. Leeson shallsubmit to the Board for at least two years annual progress reports made underpenalty of Board disciplinary action or criminal prosecution stating whether Dr.Leeson has maintained sobriety.

16. In the event that Dr. Leeson has not been engaged in the active practice of medicine andsurgery for a period in excess of two years prior to application for reinstatement, theBoard may exercise its discretion under Section 4731.222, Ohio Revised Code, torequire additional evidence of Dr. Leeson's fitness to resume practice.

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REQUIRED REPORTING BY LICENSEE , ,-c. ) , .17. Within thirty days of the effective date of this Consent Agreement, Dr. Leeson shall I1 -provide a copy of this Consent Agreement to all employers or entities with which he ' .- j

under contract to provide health care services (including but not limited to -payors) or is receiving training; and the Chief of Staff at each hospital where he?ills ,- ;privileges or appointments. Further, Dr. Leeson shall promptly provide a copy Of:lhis :. :Consent Agreement to all employers or entities with which he contracts to provide healthcare services, or applies for or receives training, and the Chief of Staff at each hospitalwhere he applies for or obtains privileges or appointments. In the event that Dr. Leesonprovides any health care services or health care direction or medical oversight to anyemergency medical services organization or emergency medical services provider, withinthirty days of the effective date of this Consent Agreement Dr. Leeson shall provide acopy of this Consent Agreement to the Ohio Department of Public Safety, Division ofEmergency Medical Services. Further, Dr. Leeson shall provide the Board with one ofthe following documents as proof of each required notification within thirty days of thedate of each such notification: (I) the return receipt of certified mail within thirty daysof receiving that return receipt , (2) an acknowledgement of delivery bearing the originalink signature of the person to whom a copy of the Consent Agreement was handdelivered, (3) the original facsimile-generated report confirming successful transmissionof a copy of the Consent Agreement to the person or entity to whom a copy of theConsent Agreement was faxed, or (4) an original computer-generated printout ofelectronic mail communication documenting the email transmission of a copy of theConsent Agreement to the person or entity to whom a copy of the Consent Agreementwas emailed.

18. Within thirty days of the effective date of this Consent Agreement, Dr. Leeson shallprovide a copy of this Consent Agreement to the proper licensing authority of any stateor jurisdiction in which he currently holds any professional license, as well as any federalagency or entity, including but not limited to the Drug Enforcement Agency, throughwhich he currently holds any license or certificate. Dr. Leeson further agrees to providea copy of this Consent Agreement at time of application to the proper licensing authorityof any state in which he applies for any professional license or reinstatement of anyprofessional license. Further, Dr. Leeson shall provide the Board with one of thefollowing documents as proof of each required notification within thirty days of the dateof each such notification: (l) the return receipt of certified mail within thirty days ofreceiving that return receipt, (2) an acknowledgement of delivery bearing the original inksignature of the person to whom a copy of the Consent Agreement was hand delivered,(3) the original facsimile-generated report confirming successful transmission of a copyof the Consent Agreement to the person or entity to whom a copy of the ConsentAgreement was faxed, or (4) an original computer-generated printout of electronic mailcommunication documenting the email transmission of a copy of the Consent Agreementto the person or entity to whom a copy of the Consent Agreement was emailed.


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19. Dr. Leeson shall promptly provide a copy of this Consent Agreement to all and r ,entities that provide Dr. Leeson chemical dependency treatment or monitoring. Further,Dr. Leeson shall provide the Board with one of the following documents as proof.


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I CONSENT AGREEMENT .J. IMARK C. LEESON, M.D.

PAGE 12 r,7

Dr. Leeson hereb y releases the Board , its members, employees, agents, officers and repre:ntati.YFsjointly and severally from any and all liability arising from the within matter. .."

IThis Consent Agreement shall be considered a public record as that term is used in Sectio'rl149.41,Ohio Revised Code . Further , this information may be reported to appropriate organizatiQjp, dat&;banks and governmental bodies. Dr. Leeson acknowledges that his social security number will Deused if this information is so reported and agrees to provide his social security number to the Boardfor such purposes. EFFECTIVE DATEIt is expressly understood that this Consent Agreement is subject to ratification by the Board prior to Member and shall become effective upon the last date ofMARK C. LEESON, M.D . LANCE A. TALMAGE, M.D.

Secretary

DATE I

ttorney for Dr. Leeson

C9 ,DATE DATE '

MA RBCA CKMER ..Enforcement Attorney

DAlt
http:///reader/full/repre%E7%BA%A7ntati.YFshttp:///reader/full/repre%E7%BA%A7ntati.YFs

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