ORDERS:
CONSENT ORDER OF DISMISSAL
This
matter arises from the Request for Contested Case Proceedings filed by the
Respondents Barron S. Nason, M.D. and Nason Medical Center (“Dr. Nason”) for
administrative review of the June 9, 2006 order of the Petitioner South
Carolina Department of Health and Environmental Control (the “Department”)
directing Dr. Nason to cease and desist using certain terminology and signage
to describe Dr. Nason’s provision of emergency medical services. Dr. Nason,
who is board certified in Emergency Medicine, disputes the Department’s
jurisdiction over his physician’s office, contending that he and his practice
are exempt from coverage by the State Certification of Need and Health Facility
Licensure Act pursuant to S.C.Code Ann. § 44-7-170 (1976, as amended). A
hearing in this matter was scheduled to begin on March 21, 2007.
It
now appears that the parties have resolved their dispute by way of mutual consent and agreement and hereby request
that the Court enter this Consent Order of Dismissal memorializing the
agreement between them. Therefore, the parties agree to and the Court
hereby approves the following agreement:
1. As a physician who is Board Certified in
Emergency Medicine, Dr. Nason may use the words “emergency”, “emergency
medicine”, “emergency care” and similar phrases in promotional material and in
the operation of his practice at Nason Medical Center.
2. Dr. Nason will refrain from using the words and phrases “emergency room” “ER” and “emergency
department” in any promotional material and in the operation of his practice at
Nason Medical Center.
3. Dr. Nason further agrees that there will be at least one physician on site at Dr. Nason’s practice located at 1101 Bowman Road, Mt. Pleasant, South Carolina during all times
the “Emergency” sign on the premises is illuminated. Conversely, Dr. Nason agrees that any time there are no physicians on site at the practice, the “Emergency”
sign will be turned off and not illuminated.
4. In
consideration of the above, the Department agrees to dismiss its June 9, 2006 cease and desist order against Dr. Nason.
WHEREFORE, the Court, having reviewed the agreement,
hereby makes it the Order of this Court.
IT
IS THEREFORE ORDERED that this case be and hereby is dismissed,
except that the Court shall retain jurisdiction over this matter for the
purpose of resolving any problems or disputes arising out of the settlement between
the parties as set forth in this Order.
IT IS SO ORDERED.
_____________________________________
Marvin F. Kittrell
Chief
Administrative Law Judge
Columbia, South Carolina
March 28, 2007
WE CONSENT:
_____________________________________
David B. Summer, Jr.
Faye A. Flowers
Parker
Poe Adams & Bernstein, LLP
Post Office Box 1509
Columbia, SC 29202
Attorneys for Barron S. Nason, M.D.
and Nason Medical Center
_____________________________________
Barron S. Nason, M.D./Nason Medical Center
P.O. Box 1372
1101 Bowman Road
Mt. Pleasant, SC 29465
_______________________________________
Ashley C. Biggers, Esquire
Office of General Counsel
South Carolina Department of
Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201
________________________________________
Dennis L. Gibbs
Director, Division of Health
Licensing
South Carolina Department of
Health
and Environmental
Control
1777 St. Julian Place, Suite 201
Columbia, SC 29204
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