Brent Korn, D.O., Severely Disciplined
by Arizona Medical Board

Stephen Barrett, M.D.


In 2014, the Arizona Board of Osteopathic Examiners censured Brent Korn, D.O., and ordered him to stop diagnosing and treating Lyme disease. The order (shown below) was based on the board's conclusion that he had diagnosed and treated a patient for nonexistent Lyme disease. The board ordered Korn to pay an administrative fine of $1,500 plus investigative costs of $1,030. Korn operated New Life Medical in Gilbert, Arizona for many years. In 2016, to settle charges that he had mistreated six patients with cancer and one with a severe spinal infection, Korn signed a consent agreement and order under which he was fined another $1,000 and his osteopathic medical license was suspended for a minimum of four years. Korn treated the cancer patients while practicing at Envita Natural Medical Centers of America.


BEFORE THE ARIZONA BOARD OF OSTEOPATHIC EXAMINERS

IN MEDICINE AND SURGERY

IN THE MATTER OF:

BRENT KORN, D.O.
Holder of License No. 4328

For the practice of osteopathic medicine
in the State of Arizona


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Case No.: D0-11-0159A

FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
ORDER FOR DECREE OF CENSURE AND
RESTRICTION

On September 23, 2011, the Arizona Board of Osteopathic Examiners (hereafter "Board") received a complaint against Brent Korn, D.O. (hereafter "Respondent"). On October 5, 2011, the Board noticed Respondent of an investigation into that complaint. On December 21, 2011, the Board received Respondent's Response to the complaint.

On May 6, 2013, the Board invited Respondent to attend an Investigative Hearing on this matter. The initial review was June 22, 2013. Respondent was present, participated in the Investigative Hearing and was represented by counsel, David Williams. The matter was continued for further information. The continuation was held on January 25, 2014, Respondent was present and participated in the Investigative Hearing and was represented by counsel, David Williams.

After hearing testimony from Respondent and considering the documents and evidence submitted, the Board voted to enter the following Findings of Fact, Conclusions of Law, and Order for Decree of Censure and Restriction.

JURISDICTIONAL STATEMENTS

1. The Board is empowered, pursuant to A.R.S. § 32-1800 et seq., to regulate the practice of osteopathic medicine in the State of Arizona, and the conduct of the persons licensed, registered, or permitted to practice osteopathic medicine in the State of Arizona.

2. Respondent is the holder of License No. 4328 issued by the Board for the practice of osteopathic medicine in the State of Arizona.

FINDINGS OF FACT

3. On September 23, 2011, the Board received a complaint against Respondent from patient, C.H., alleging improper care and treatment.

4. Patient C.H. began treatment with Respondent on November 30, 2010 for lyme disease. Respondent was practicing as an osteopathic physician.

5. Respondent treated patient C.H. for lyme disease without appropriate diagnostic criteria.

6. Respondent engaged in the practice of medicine in a manner that harms or may harm a patient or that the Board determines falls below the community standard. The standard of care for patients with lyme disease is to make a diagnosis based upon the combination of clinical findings and the appropriate positive diagnostic tests and developing an appropriate treatment regimen.

7. Respondent represented that a manifestly incurable disease, injury, ailment or infirmity can be permanently cured within a stated time.

8. Respondent conducted himself in a manner that endangers a patient's or the public's health or may reasonably be expected to do so.

9. Respondent deviated from the standard of care as noted in the medical consultant's reports indicating that the patient did not have lyme disease and was treated with unconventional therapies.

CONCLUSIONS OF LAW

10. The conduct described above constitutes unprofessional conduct and is a violation of A.R.S. § 32-1854 (6), which states "Engaging in the practice of medicine in a manner that harms or may harm a patient or that the board determines falls below the community standard."

11. The conduct described above constitutes unprofessional conduct and is a violation of A.R.S. § 32-1854 (11), which states "Representing that a manifestly incurable disease, injury, ailment or infirmity can be permanently cured or that a curable disease, injury, ailment or infirmity can be cured within a stated time, if this is not true.

12. The conduct described above is also a violation of unprofessional conduct pursuant to A.R.S. § 32-1854 {38), which states "Any conduct or practice that endangers the public's health or may reasonably be expected to do so."

ORDER

Pursuant to the authority vested in the Board,

IT IS HEREBY ORDERED that Brent Korn, D.O, holder of osteopathic medical License number 4328 is issued a DECREE OF CENSURE.

1. IT IS HEREBY FURTHER ORDERED that Brent Korn, D.O., holder of osteopathic medical License number 4328 is, beginning on the effective date of is this Order, RESTRICTED from diagnosing and treating lyme disease as an osteopathic physician.

2. IT IS HEREBY FURTHER ORDERED Respondent shall pay a civil penalty in the amount of five hundred ($500.00) dollars per violation for a total of $1,500.00. Payment shall be made to the Board within ninety {90) days of the effective date of this Order.

3. Respondent shall reimburse the Board for payment of the outside medical consultant's fees in regards to this case in the amount of $450.00. Payment shall be made to the Board in the amount of $450.00 within ninety (90) days of the effective date of this Order.

4. Respondent shall reimburse the Board the costs incurred for the court reporter for his case at the June 22, 2013 and January 25, 2014 meetings, $305.00 plus $275.00 for a total of $580.00. Payment shall be made to the Board within ninety {90) days of the effective date of this Order, in accordance with A.R.S. § 32-1855 (I).

5. Costs: Respondent shall bear all costs incurred regarding compliance with this Order.

6. Obey All Laws: Respondent shall obey all federal, state and local laws, and all rules governing the practice of medicine in the State of Arizona.

7. Ceasing Practice in the State of Arizona: In the event that Respondent ceases to practice medicine in the State of Arizona, by moving out of state, failing to renew his license, or maintaining an Arizona license but ceasing to practice clinical medicine or administrative medicine requiring licensure, Respondent shall notify the Board that he has ceased practicing in Arizona, in writing, within 10 days of ceasing to practice. In its sole discretion, the Board may stay the terms of this Order until such time as the Respondent resumes the practice of medicine in Arizona, or may take other action to resolve the findings of fact and conclusions of law contained in this Consent Agreement and Order for Probation.

8. Failure to Comply / Violation: Respondent's failure to comply with the requirements of this Order shall constitute an allegation of unprofessional conduct as defined at A.R.S. § 32-1854(25) and proven violations may be grounds for further disciplinary action (e.g., suspension or revocation of license).

ISSUED THIS 13 DAY OF FEBRUARY, 2014.
ARIZONA BOARD OF OSTEOPATHIC EXAMINERS
IN MEDICINE AND SURGERY

By _______________________C
Jenna Jones, Executive Director

NOTICE OF RIGHT TO REQUEST REVIEW OR REHEARING

Any party may request a rehearing or review of this matter pursuant to A.R.S. § 41- 1092.09. The motion for rehearing or review must be filed with the Arizona Board of Osteopathic Examiners within thirty {30) days. If a party files a motion for review or rehearing, that motion must be based on at least one of the eight grounds for review or rehearing that are allowed under A.A.C. R4-22-106(D). Failure to file a motion for rehearing or review within 30 days has the effect of prohibiting judicial review of the Board's decision. Service of this order is effective five (5) days after date of mailing. A.R.S. § 41-1092.09(C). If a motion for rehearing or review is not filed, the Board's Order becomes effective thirty-five (35) days after it is mailed to Respondent.

Original "Findings of Fact, Conclusions of Law and Order for Decree of Censure and Restriction" filed this 13th day of February, 2014 with:

Arizona Board of Osteopathic Examiners
In Medicine and Surgery
9535 East Doubletree Ranch Road
Scottsdale AZ 85258-5539

Copy of the "Finding of Fact, Conclusions of Law and Order for Decree of Censure and Restriction" sent by certified mail, return receipt requested, this 13th. day of February, 2014 to:

Brent Korn, D.O.
Address of Record

Copies of this "Findings of Fact, Conclusions of Law and Order for Decree of Censure and Restriction" filed/sent this 13th day of February, 2014 to:

David Williams, Esq.
Davis Miles McGuire Gardner
80 E. Rio Salado Pkwy, Ste. 401
Tempe, AZ 85281

Jeanne Galvin, AAG
Office of the Attorney General CIV /LES
1275 West Washington
Phoenix AZ 85007

This page was posted on April 5, 2016.

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