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BEFORE E ARIZONA STATE BOARD OF DTATRY EXAMINERS

In the Matter of: ) CASE NO. t 7 .. 07-B )

LOREN SCOTT WESSEL, DP ) CONSENT AGREEMENT Holder of License No. 0367 ) AND ORDER

) For the Practice of Podiatry ) In the State of Arizona )

)

RECITALS

In the interest of a prompt d judicious settlement of the above-captioned matter before

the Arizona State Board of Podiat Examiners ('4Board"). and in the interest of protecting the

12 people of the State of Arizc.mai co sislent with the statutory requirements and responsibilities of

13 the Board pursuant to A.R.S. § 3 -801, et seq. and A.R.S. § 41-1092.07 (F)(5), Loren Scott

Wessel, DPM ("Respondent"), hol er of 1icense number 0367 to practice podiatry in the State of 14

15 Arizona. and the Board enter in o the following Consent Agreement for Findings of Fact,

16 Conclusions of T ..aw, and Order for Suspension and Probation (''Consent Agreement .. ) as the final

17 disposition of the matter regardin the Board's concern that Respnndcnt may suffer habitual

substance abuse and be engaged in the abuse of controlled substances or prescription-only drugs. 18

19 I. Respondent has the right to consult with an attorney prior to entering into this

Consent Abrreement. Respondent 20

read and understands this Consent Agreement as set forth

21 herein, and has had the opportunity to discuss this Consent Agreement wilh an attorney or has

waived the opportunity. Respon ent voluntarily enters into this Consent Agreement for the 22

purpose of avoiding the expense a d uncertainty of an administrative hearing. 23

24 2. Re:,;pondent unders nds that he has a right to a public administrative hearing

concerning each and every alleg ion set forth in the above-captioned matter, at which time 25

26 Respondent could present eviden and cross-examine witnesses. By entering into this Consent

Agreemen4 Respondent freely an voluntarily relinquishes all rights to such an administrative

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1 hearing, as well as all rights of re earing, review, reconsideration, appeal, judicial review, or

2 any other administrative, and/or. judicial action concerning the matters set forth herein.

3 Respondent affirmatively agrees at this Consent Agreement shall be irrevocable and any

4 modifications to this original doc ment arc ineffective and void unless mutually approved by

5 the parties in writing.

6 3. Respondent agrees t at the Board may adopt this Consent Agreement or any part

7 of this agreement under A.R.S. § · 32-852 and 32-852.01. Respondent understands that the

8 Board may consider thjs Consent greement or any part of it in any future disciplinary action

9 against him.

10 4. Respondent unders ands that this Consent Agreement does not constitute a

11 dismissal or resolution of other ma ters currently pending before the Board, if any, and docs not

12 constitute any waiver, express or implied, of the Board's statutory authority or jurisdiction

13 regarding any other pending or fut re investigation, action, or proceeding.

14 5. Respondent underst ds that acceptance of the Consent Agreement does not

15 preclude any other agency, subdi ·sion, or officer of this state from instituting other civil or

16 criminal proceedings with respect t the conduct that is the subject of this Consent Agreement.

17 6. ·nic Consent Agre ment shall be effective immediately once signed by the

18 President of the Board or the Exec tive Director of the Board, on behalf of the President. In the

19 event that the Board does not adop this Consent Agreement, it is withdrawn and shall be of no

20 evidentiary value and shall not be lied upon nor introduced in any action by any party. The

21 parties agree that if the lloard rejec s this Consent Agreement and this case proceeds to hearing,

22 Respondent shall assert no claim t at the Board was prejudiced by its review and discussion of

23 this document or any other records elating thereto.

24 7. Respondent underst nds that suspension and probation constitute disciplinary

25 actions. Respondent furthel" unders ands that any disciplinary action taken against a licensee by

26 the Board must he reported to the ational Practitioner Data Bank, in accordance with federal

regulations.

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l 8. Respondent unders nds that this Consent Agreement is a public record that rnay

2 be publicly disseminated as a form 1 acti()n of the Board.

3 9. Respondent under ds that any violation of this Consent Agreement could be

4 grounds for further disciplinary ac on by the Board pursuant to A.R.S. § 32-854.01(21).

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DATED: ~-__._----..,;:,__i._-=----1

APPROVED S TO FORM:

Attorney for Respon

FINDINGS OF FACT

1. The Arizona State oard of Podiatry Examiners is the duly constituted agency for

licensing and regulating the practic of podiatry in the State of Arizona and has jurisdiction over 14

Respondent and the subject matter ursuant to A.R.S. § 32M801, et seq. 15

2. Loren Seott Wessel DPM is the holder of License Number 0367, which enables 16

him to practice podiatry in the Stat of Arizona. 17

18 3. Respondent has continuously licensed to practice podiatry in the State of

Arizona since December 12, 1991 Respondent's license to practice podiatry was renewed on 19

June 30, 2016 and is effective until · ugust 31, 2017. 20

4. On or about Septe ber I, 2016, Respondent waIS arrested in Pima County, 21

Arizona by the Arizona Attorney G neral's Office. 22

5. The Board review d the information provided to it by the investigating law 23

enforcement agencies at its Septem r 14, 2016 regular Board Meeting and expressed a concern 24

25 that Respondent's possible habit al intemperance and abuse of controlled substances or

26 prescription-only drugs may endan er the public health, safety, or welfare.

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ONCLUSIONS OF LAW

2 1. The Board posses es jurisdiction over the subject matter hereof' and over

3 Respondent pursuant to A.R.S. § 3 -801, et seq.

4 2. The conduct desc 'bed in the Findings of Fact above, if proven true, may

5 constitute grounds for disciplinar action pursuant to A.RS. §§ 32-852 and 32-852.01 and the

6 provisions of A.R.S. § 32-854.01( 2) which states, "Habitual intemperance in the use of alcohol

7 or habitual substance abuse."

8 3. The conduct desc 'bed in the Findings of Fact above, if proven true, may

9 constitute grounds for disciplinar action pursuant to A.R.S. §§ 32-852 and 32-852.01 and the

10 provisions of A.R.S. § 32-854.01 ( 3) which states, "Use of controlled substances or prescription-

1 1 only drugs except if provided b a physician for use during a prescribed lawful course of

t 2 treatment."

13 4.· The conduct desc ibed in the Findings of Fact above, if proven true, may

14 constitute grounds for disciplin· action pursuant to A.R.S. §§ 32-852 and 32-852.01 and the

15 provisions of A.R.S. § 32-854.01 22) which states, "Violating or attempting to violate, directly

16 or indirectly, or assisting in or ab tting the violation of or conspiring to violate any provision of

17 this chapter."

J 8 ORDER

19 Based upon the foregoin findings of Fact and Conclusions of Law, IT IS HEREBY

20 ORDERED THAT, EFFECT! IMMEDIATELY, Loren Scott Wessel, DPM, holder of

21 license number 0367, shall be su ·ect to the following:

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1. Respondent's license s SUSPENDED and Respondent is prohibited from engaging

in the practice of podi try in the State of Arizona as set forth in A.R.S. § 32-801, et

seq., subject to the llowing terms and conditions, and until such time that the

Roard receives a re rt from a Board-approved addiction medicine specialist or

other Board-approv and certified or licensed substance abuse evaluator

affirmatively stating hat in his or her professional opinion, he or she believes

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Respondent is physical y and mentally able to safely and coni.petently return to the

practice of podiatry, t Board reviews the aforementioned report, and the Board

approves Respondent's equest to return to the practice of podiatry.

a. Respondent shall o tain a substance abuse/addiction evaluation from a Board-

approved and certi ed or licensed substance abuse evaluator. Respondent shall

execute all appropr ate release of infonnation forms to permit the evaluator to

communicate with and forward infonnation regarding the evaluation to the

Board. Responden shall comply with all recommendations made by the

evaluator for treatm nt.

h. During the period o · SUSPENSION, Respondent shall comply with all terms of

probation below re arding participation in AA/NA, drug testing, abstaining from

alcohol and unauth rized drug use/proof of prescription, release of information

forms. interview wi h the Executive Director, obey all laws, costs, and violation

of probation.

2. val from the Board permitting Respondent to return to

practice, Respondent's icense will be placed on PROBATION for a period of sixty

(60) months, subject to he following terms and conditions:

a. ::....:..:.==:::....:....=.:.:i== Unless completed during the period of suspension grccment, within seven (7) days of the Board~s affinnative

ndent's ability to return to practice, Respondent shall enter

a state licensed hemical dependency rehabilitation aftercare program. Upon

entry, Respond nt shall execute the appropriate release of information form

allowing the rogram to provide records and inform the Board of

Respondent's e try and progress with the program. Respondent shall also

request the pf gram to submit to the Board. in writing, evidence of

satisfactory p icipation and progress in the program, as well as discharge or

the program. Such reports are due on a quarterly ba.;,is

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b.

from the date o entry into the program for the remainder of the probational"y

period

"-====~~A/N~.!!.A=. Within seven (7) days of the effective date of this

ent, and throughout the tenn of this Consent Agreement,

Respondent s 1 participate, at least weekly, or as recommended by the

rehabilitation p gram or aftercare program, in Alcoholics Anonymous,

Narcotics Ano ymous or an equivalent program, and shall submit to the

Board, in Mit ng, quarterly reports which are initialed by his sponsor

documenting at endance in the program. The first report is due by the end of

the first ca1end month afler the effective date of this Consent Agreement

and quarterly t ereafter. Respondent shall obtain a sponsor within thirty (30)

days of the cffe tive date of this Order. Respondent shall maintain a sponsor

relationship thr ughout the term of this Consent Agreement.

c. Drug Testing. During all times that Respondent is physically present in

the state of A izona, and at such other times as Board staff may direct,

Respondent s Jl promptly comply with requests from the Board or its

Executive Di ctor to submit to witnessed biological fluid coJJection and

testing which s all include, but is not limited to, testing for ethylglucaronide.

Respondent a horizes any person or organization conducting tests ou the

collected sam les to provide testing results to the Board and shall request

that such resu ts are received by the Board within seven (7) days of the

collection dat . If Respondent is unable to submit a specimen on the date

requested due illness, Respondent must provide, in writing, within seven

(7) days of t Je missed specimen, documentation from a state licensed

medical provi er who has personally seen and examined Respondent on the

day of the rcq ested drug test confirming that Respondent was not physica1ly

able to report o the laboratory for drug testing. In addition, any occurrence

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conditions constitutes noncompliance with this Consent

Agreement: a sitive drug test showing evidence of any drug other than an

; submission of a specimen where the integrity has been

compromised, indicated by the presence of adulterants; an abnormal result

for low crcatini e level; and submission of a urine sample that is below the

acceptable volu c or temperature to be tested. A positive drug test showing

drug other than an authorized drug shall result in immediate

Respondent's employer by the Board and may result in

summary susp sion of Respondent's license. Failure to submit to a drug

test on a day hen a test has been required by the Board, its Executive

Director, or the laboratory may he consjdered a positive result and may result

in summary su pension of Respondent's license.

d. Abstain from lcohol Use and Po Seeds. Respondent shall abstain

completely fro the personal use of alcoholic beverages and any beverage or

foodstuff con ning poppy seeds.

e. Abstain from l nauthorized Dru Use/Proof of.Prescription. Respondent

shall abstain c mpletely from the personal use or p0ssessjon of controlled

efined in the State ControJlcd Substances Act, and dangerous

ed by law, or any drugs requiring a prescription. Orders

prohibiting R spondent from personal use or possession of controlled

substances or dangerous drugs do not apply to medications )awfully

espondent for a bona fide illness or conditions by a state

licensed med' al care provider. During the duration of this Consent

Agreement, R spondent shall select one state licensed medical provider to

coordinate his health care needs and to be aware of all prescriptions utilized

by Responde t. Respondent shall immediately submit to that provider a

copy of this onsent Agreement and shall execute all release of information

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fonns as requir d by the Board or Executive Director. Respondent shall

request that the edical provider, within seven (7) days of the effective date

of this Consent Agreement, informs the Board in writing of knowledge of

Respondent's onsent Agreement and provide a fo,t of medications

prescribed for espondent. During the duration of the Consent Agreement,

Respondent sh I request all medical care providers to notify the Board of

any additional edications ordered by the provideJ\ the notification shall be

seven (7) days of the provider's issuance of the

prcscri ption.

f. Rela se Preven ion. Eighteen (18) months prior to the termination of

the Consent A eem.ent, or as requested by the Board or Executive Director,

Respondent sh JI be evaJuate

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program or the y, Respondent shall request the facilitator to submit to the

Board in writin evidence of satisfactory attendance, participation discharge

and successful ompletion of the program. Such reports are due beginning

on a quarterly b is from the date of entry into the program or therapy for the

probationary period or verification of successful completion

g. Release of Info ation Forms. Respondent shall execute all release of

intbnnation fo s as may be requfrcd by the Board or its designce for the

purpose of veri ing his compliance with the terms of this agreement.

h. Interview with he Board or Executive Director. Respondent shall appear in

person, or if r siding out of state telephonically, for interviews with the

Board or Boar staff on at least a quarterly basis, or more often upon request

of the Board or Executive Director with reasonaMe notice.

l, Obe all Laws. Respondent shall obey all federal, state and local

Jaws/rules gov ming the practice of podiatry in this state.

J. Costs. ndcnt shall be.ax all costs of complying with this Consent

Agreement.

k. Prescribe No arcotics. Respondent shall not prescribe any narcotics during

the period or robation. Pursuant to A.R.S. § 32-852.01 (P), the Board shall

notify the Sta e Board of Phannacy of any m@dification to Respondent's

prescription w iting privileges.

1. Respondent shall submit to the

erly ba.~is, written updates regarding the status of any and

all charges fil d against him in relation to Cause Number CR20164096-001

in the Superio Court of Pima County, and the associated disposition of such

charges~ incl ding proof of compliance with any and all sentencing

requirement(s . Respondent understands that the Board is not prevented from

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taking future a ion if Respondent is convicted of a felony, misdemeanor

involving moral turpitude, or misdemeanor involving conduct that may affect

patient safety b any court of competent jurisdiction.

~=~~.,..!....!:~a~ti~o~n. If Respondent is noncompliant "'1ith this Consent

Agreement in a y respect, the Board may revoke probation and take further

disciplinary act on after affording Respondent notice and an opportunity to

be heard. If complaint concerning noncompliance with this Consent

Agreement is Jed against Respondent during the period of probation, the

Board shall ha e continuing jurisdiction until the matter is final and the

period of proba ion shall be extended until the matter js final.

n. Voluntar Su nder of License. Respondent may, at any time this Consent

Agreement is in effect, voluntarily surrender his license with the

understanding hat the same will be treated and considered as a revocation of

the license by e Board

DA ED THIS 9TH DAY OF NOVEMBER 2016.

A ZONA BOARD OF PODIATRY EXAMINERS

By: ----------------~--~ Barbara A. Campbell, D.P.M., Board President

Original Consent Agreement for 21 Suspension and Probation filed t ·s

22 9th day of November 2016 with e:

23 Arizona State Board of Podiatry ~xaminers 1400 West Washington Street, S ite 201

24 Phoenix, Ari2'.ona 85007

25 Copy of the foregoing send by E ectronic, Certified and Regular mail this 9 day

26 ofNovember2016to:

Dr. Loren Scott Wessel, DPM Address of Record

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1 Copy of the foregoing sent by int Agency mail this 9th day of

2 November 2016 to:

3 Frankie Shimt-Eckberg, Assistant ttomey Genera)

4 Office of Arizona Attorney Gener 1275 West Washington Street

5 Phoenix, AZ 85007

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heard. If a complaint concerning noncompliance with this Consent Agreement

is filed against Respondent during the period of probation, the Board shall

have continuing jurisdiction until the matter is final and the period of probation

shall be extended until the matter is final.

n. Voluntary Surrender of License. Respondent may, at any time this Consent

Agreement is in effect, voluntarily surrender his license with the

understanding that the same will be treated and considered as a revocation of

the license by the Board

DATED THIS 12TH DAY OF DECEMBER 2016.

ARIZONA BOARD OF PODIATRY EXAMINERS

By: Barbara A. Campbell, D.P.M., Board President

Original Consent Agreement for Suspension and Probation filed this 12th day of December 2016 with the: Arizona State Board of Podiatry Examiners 1400 West Washington Street, Suite 201 Phoenix, Arizona 85007 Copy of the foregoing sent by Electronic, Regular US and Certified mail 7015 1520 0001 5946 9434 this 12th day of December 2016 to: Loren Scott Wessel, DPM Ajo Podiatry Group 3722 S. 16th Avenue Tucson, AZ 85713 lwessel312@hotmail.com / / / / / / / / /

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Copy of the foregoing sent by Electronic mail This 12th day of December 2016 to: Frankie Shinn-Eckberg, Assistant Attorney General Office of Arizona Attorney General 1275 West Washington Street Phoenix, AZ 85007 frankie.eckberg@azag.gov Bruce D. Crawford, Esq. Crawford & Kline, PLC 1920 E. Southern Avenue, Ste. 101 Tempe, AZ 85282-7537 bcrawford@crawford-kline.com By: