Sentencing Memorandum - United States v. Eric Shibley (Doc. 148-2, filed 2022-03-01)

Summary

Exhibit B filed March 1, 2022 as Document 148-2 in Case 2:20-cr-00174-JCC in the U.S. District Court for the Western District of Washington: a certified copy from the State of Washington Department of Health of an Ex Parte Order of Summary Suspension concerning Eric R. Shibley, M.D., Master Case No. M2018-443. The Washington Medical Commission order, on an Ex Parte Motion for Summary Action heard August 14, 2020, states that the Commission issued an Order of Summary Restriction on January 2, 2020 prohibiting Shibley from prescribing controlled substances. Its findings state that, as alleged, Shibley prescribed controlled substances on multiple occasions from January 2, 2020 to July 1, 2020 while under that order. The Commission orders his license to practice as a physician and surgeon summarily suspended pending further disciplinary proceedings and grants a protective order.

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Case 2:20-cr-00174-JCC Document 148-2 Filed 03/01/22 Page1of6

Exhibit B
Case 2:20-cr-00174-JCC Document 148-2 Filed 03/01/22 Page 2of6

STATE OF WASHINGTON

DEPARTMENT OF HEALTH

Olympia, Washington 98504

RE: — Eric R. Shibley, M_D.,
Master Case No.: M2018-443
Document: Summary Action Order

Regarding your request for information about the above-named practitioner; attached is
a true and correct copy of the document on file with the State of Washington,
Department of Health, Adjudicative Clerk Office. These records are considered
Certified by the Department of Health.

Certain information may have been withheld pursuant to Washington state laws. While
those laws require that most records be disclosed on request, they also state that
certain information should not be disclosed.

The following information has been withheld: NONE

lf you have any questions or need additional information regarding the information that
was withheld, please contact:

Customer Service Center
P.O. Box 47865

Olympia, WA 98504-7865
Phone: (360) 236-4700
Fax: (360) 586-2171

You may appeal the decision to withhold any information by writing to the Privacy
Officer, Department of Health, P.O. Box 47890, Olympia, WA 98504-7890.

DOJ-05-0000016140
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STATE OF WASHINGTON
DEPARTMENT OF HEALTH
WASHINGTON MEDICAL COMMISSION

in the Matter of:
Master Case No. M2018-443
ERIC R. SHIBLEY, M.D.,
License No. MD.MD.60108064, EX PARTE ORDER OF

SUMMARY SUSPENSION
Respondent.

COMMISSION PANEL: | Alden Roberts, M.D., Chair
John Maldon, Public Member
Claire Trescott, M.D.

PRESIDING OFFICER: John F. Kuntz, Review Judge

This matter came before the Washington Medical Commission (Commission) on
August 14, 2020, on an Ex Parte Motion for Summary Action (Ex Parte Motion) brought by
the Office of the Attorney General. The Commission issued an Amended Statement of
Charges alleging Respondent violated RCW 18.130.180(9). After reviewing the Amended
Statement of Charges, Ex Parte Motion, and supporting evidence, the Commission
GRANTS the Ex Parte Motion. Respondent’s license to practice as a physician and
surgeon is SUSPENDED pending further action.

|. FINDINGS OF FACT

1.1. Eric R. Shibley, M.D. (Respondent), is a physician and surgeon licensed by

the state of Washington at all times applicable to this matter. Respondent's license is

currently active, but RESTRICTED.

EX PARTE ORDER OF
SUMMARY SUSPENSION Page 1 of 4

Master Case No. M2018-443

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1.2 The Commission issued an Amended Statement of Charges alleging
Respondent violated RCW 18.130.180(6) and (9) in addition to the charges alleged in the
Statement of Charges. The Amended Statement of Charges was accompanied by all
other documents required by WAC 246-11-250.

1.3. On January 2, 2020, the Commission issued a Statement of Charges
alleging Respondent violated RCW 18.130.180(4), (7), and (13); WAC 246-919-853;
246-919-854; 246-919-855; 246-919-857; and 246-919-858. That same day, the
Commission also issued an Order of Summary Restriction, which prohibited Respondent
from prescribing controlled substances. Respondent filed an Answer to the Statement of
Charges and filed a request for a Show Cause Hearing on January 3, 2020.

1.4 As set forth in the allegations in the Amended Statement of Charges, as
well as the Ex Parte Motion, Respondent prescribed controlled substances on multiple
occasions from January 2, 2020, to July 1, 2020, while under the Order of Summary
Restriction. The controlled substances prescribed included buprenorphine-naloxone
(Suboxone), methadone, hydromorphone, hydrocodone-acetaminophen, oxycodone,
oxycodone-acetaminophen, tramadol, diazepam, alprazolam, clonazepam, lorazepam,
zaleplon, dextroamphetamine-amphetamine, and phentermine.

1.5 The Commission’s January 2, 2020 Order of Summary Restriction
demonstrated Respondent’s substandard care of patients with regard to his prescribing
of controlled substances posed an immediate risk to patients and the public welfare.
Because Respondent has continued to prescribe controlled substances in direct violation

of the Commission’s Order, he remains an imminent threat to public safety. Moreover,

EX PARTE ORDER OF
SUMMARY SUSPENSION Page 2 of 4

Master Case No. M2018-443

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due to Respondent's blatant disregard for the Commission’s Order, there is no action the
Commission can take short of immediate suspension of Respondent’s license to ensure
protection of the public.

1.6 The above allegations, supported by the Declaration of Health Care
Investigator in Support of Motion for Summary Action together with the attached exhibits,
justify the determination of immediate danger in this case and a decision to immediately
suspend the credential until a hearing on the matter is held.

ll. CONCLUSIONS OF LAW

2.1. The Commission has jurisdiction over Respondent’s credential to practice
as a physician and surgeon. RCW 18.130.040.

2.2 The Commission has authority to take emergency adjudicative action to
address an immediate danger to the public health, safety, or welfare. RCW 34.05.422(4):
RCW 34.05.479; RCW 18.130.050(8); and WAC 246-1 1-300.

2.3 The Findings of Fact establish the existence of an immediate danger to the
public health and safety unless Respondent's license is suspended. The Findings of Fact
establish that the requested summary action is necessary and adequately addresses the
danger to the public health and safety.

lil. ORDER

3.1. Based on the Findings of Fact and the Conclusions of Law, it is ORDERED

that Respondent's license to practice as a physician and surgeon is SUMMARILY

SUSPENDED pending further disciplinary proceedings by the Commission. Respondent

EX PARTE ORDER OF
SUMMARY SUSPENSION Page 3 of 4

Master Case No. M2018-443

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shall immediately deliver all licenses, (including wall, display, and/or wallet, if any), to the
Commission. The prior Order of Summary Restriction is superseded,

3.2 ltis HEREBY ORDERED that a protective order in this case is GRANTED.
ROW 34.05.446(1) and WAC 246-41-400/2) and (5). This Protective Order prohibits the
release of health care information outside of these proceedings. Unless required by law,
anyone involved in these proceedings must keep confidential and not disclose health care
information obtained through these proceedings. Health care information includes
information in any form “that identifies or can readily be associated with the identity of a
patent and directly relates to the patient's health care.” RCW #0.02.010(16). The parties
may share the information with their attorney, if any.

DATED this 1% day of August, 2020.

Washington Medical Carmmission

ALDEN ROBERT®. MoD.
Panel Chair

Por teare infomation, visit our Web sine at bites/enwy Joh wa cow heirs

EX PARTE ORDER OF
SUMMARY SUSPENSION Page 4 of 4

Master Case Ae, Me01 e144

DOJ-05-0000016144

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