ALABAMA STATE BOARD OF MEDICAL EXAMINERS, BEFORE THE MEDICAL LICENSURE Complainant, COMMISSION OF ALABAMA vs. CASE NO. 18 - MICHAEL D. DICK, M.D., Respondent. ADMINISTRATIVE COMPLAINT AND. PETITION FOR SUMMARY SU: Comes now the Alabama State Board of Medical Examiners (hereinafter “the Board”), and submits herein its sworn petition pursuant to the authority of Ala. Code §§ 34-24-361(e) and (D, and respectfully represents to the Medical Licensure Commission (hereinafter “the Commission”) the following: 1. On June 26, 1998, the Respondent, Michael D. Dick, M.D., was issued a license to practice medicine in the State of Alabama, license number MD.21873. 2. The Board has caused an investigation to be made conceming Dr. Dick, and, based on that investigation, has concluded that there is probable cause to believe that the Respondent has committed the following violations of Ala, Code § 34-24-360: &. —_ Unprofessional conduct, specifically relating to his interaction(s) with Patient One, as defined in Ala. Code § 34-24-360(2) or in the rules and regulations promulgated by the Commission, specifically, Commission Rules '545-X-4-.06(9) and/or (17) and/or Rule 545-X-4-.07; b. — Unprofessional conduct, specifically relating to his interaction(s) with Patient Two, as defined in Ala. Code § 34-24-360(2) or in the rules and regulations promulgated by the Commission, specifically, Commission Rules 545-X-4-.06(9) and/or (17) and/or Rule 545-X-4-.07; c. Unprofessional conduct, specifically relating to his interaction(s) with Patient Three, as defined in Ala. Code § 34-24-360(2) or in the rules andregulations promulgated by the Commission, specifically, Commission Rules $45-X-4-,06(9) and/or (17) and/or Rule $45-X-4-.07; 4. Being convicted of a crime or offense which reflects his inability to practice medicine with due regard for the health or safety of his patients, as prohibited by Ala. Code § 34-24-360(5), to wit: Harassment in Case No. 18CRMO190 in the Decatur Municipal Court; ©. Being convicted of a crime or offense which reflects his inability to practice medicine with due regard for the health or safety of his patients, as prohibited by Ala. Code § 34-24-360(5), to wit: Harassment in Case No. 18CRMO191 in the Decatur Municipal Court; and/or f Being convicted of a crime or offense which reflects his inability to practice medicine with due regard for the health or safety of his patients, as prohibited by Ala. Code § 34-24-360(5), to wit: Harassment in Case No. 18CRMI175 in the Decatur Municipal Court. 3. In support of the allegations of the violations of Ala. Code §§ 34-24-360(2) and (8), the Board alleges the following: a. Dr. Dick, who specializes in rheumatology, practices at Alabama Medicine and Rheumatology, which is located at 2828 Highway 31 South, Suite 112 in Decatur, Alabama. ‘The Board of Medical Examiners received a complaint from Patient One on February 1, 2018, a complaint from Patient Two on February 5, 2018, and a complaint from Patient Three on June 25,2018. b. On or about September 28, 2018, Dr. Dick was convicted in the Decatur Municipal Court of three separate charges of Harassment (Ala. Code § 13A-11-8). Patient One is the victim in Case No. 18CRM0190, Patient Two is the victim in Case No. 18CRM0191, and Patient Three is the victim in Case No. 18CRM1175. Each of these convictions is a violation ofAla. Code § 34-24-360(5). Dr. Dick has appealed each of these convictions to the Morgan County Cireuit Court, ¢. The Board’s investigation revealed that on or about January 22, 2018, Dr. Dick did engage in sexual contact with Patient One by kissing her on the lips, without her consent, during a patient visit at his clinic, thereby committing sexual misconduct, a violation of Ala. Code § 34-24-360(2) and Medical Licensure Commission Rules 540-X-4-.06(9), (17), and/or 540-X-4-.07. 4. The Board’s investigation also revealed that on or about November 1, 2017 and/or December 11, 2017, Dr. Dick did engage in sexual contact with Patient Two, during 4 patient visit at his clinic, by touching her breasts, abdomen, and pelvic areas and placing his hhands undemeath her garments, none of these actions having been taken for any legitimate medical purpose. Dr. Dick also kissed Patient Two on her lips, without her consent, and touched his genital area against her leg. In committing any of this conduct, Dr. Dick thereby committed sexual misconduct, a violation of Ala. Code § 34-24-360(2) and Medical Licensure Commission Rules 540-X-4-.06(9), (17), and/or $40-X-4-.07. e. The Board’s investigation also revealed that on or about October 18, 2017, Dr. Dick grabbed Patient Three by the face, looked into her eyes, and stated “you are so beautiful,” thereby committing sexual misconduct, a violation of Ala. Code § 34-24-360(2) and Medical Licensure Commission Rules 545-X-4-.06(9), (17), and/or 545-X-4-.07. 4. The Board of Medical Examiners finds and certifies to the Medical Licensure Commission that the continuation of the authority of Dr. Dick to practice medicine in Alabama