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Medical board approves amended consent order for Dr. Leonard, reducing penalty after debate
Summary
The Medical Licensing Board approved an amended consent order for Dr. Leonard, which reduced a proposed $5,000 civil penalty after board members questioned proportionality and counsel negotiated a revised settlement. Two members recorded opposition; the amended order passed by roll call.
The Medical Licensing Board approved an amended consent order for Dr. Leonard on a majority roll-call vote after board members debated the size of the civil penalty and parties submitted a revised agreement.
The Department of Public Health counsel, Attorney Newton, told the board that the consent order addressed Dr. Leonard's failure to timely report vaccine administration between Nov. 20, 2021 and Aug. 2022, and that "the consent order includes a reprimand and a $5,000 civil penalty." Respondent counsel, Attorney McCann, said Dr. Leonard "admits that" his reporting was untimely but that he has since provided the state with the vaccine information and noted pandemic-era staffing constraints.
Several board members questioned whether $5,000 was proportionate. "I would suggest a decrease in the civil penalty from $5,000 maybe to, let's say, 2,000 to 2,500," said Dr. Green, prompting both procedural guidance and a negotiated amendment. Attorney Bannon advised the board that an amendment to a consent order is an agreement between the Department and the respondent that should be returned to the board for approval once the parties reach terms.
Counsel uploaded a modified consent order to the board's secure site before the board reconvened the matter at the end of the agenda. The transcript shows the modified document referenced as "25100," which the parties and multiple speakers discussed during the meeting as a reduction to $2,500; the article uses $2,500 as the corrected amount and notes the transcript notation for transparency.
A member moved and a second was recorded to approve the amended consent order. During the roll-call, multiple members voiced "approve," while two members explicitly recorded nonapproval: Ms. Jacqueline said "Not approve" and Dr. Wolf said "Don't approve." The chair announced that the amended consent order had been approved.
The board's action resolved the consent order submitted by the Department and the respondent without proceeding to a contested hearing. The board and counsel emphasized that earlier communication between parties would have been preferable, and several members asked staff to ensure amended agreements are available to members in advance of votes.
The next procedural steps identified in the meeting record are the Department's filing of the approved consent order and any compliance monitoring the consent order requires.
