South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDHEC vs. Barron S. Nason, MD and Nason Medical Center

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
South Carolina Department of Health and Environmental Control

Respondent:
Barron S. Nason, MD and Nason Medical Center
 
DOCKET NUMBER:
06-ALJ-07-0569-CC

APPEARANCES:
n/a
 

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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