Arkansas State Medical Board revokes license of Blytheville physician after watchdog shows videos of sexual conduct in clinic

The Arkansas State Medical Board voted to revoke the license of Dr. Difney after investigators presented surveillance footage and witness testimony showing sexually explicit conduct inside a clinic reception area.

The hearing officer opened the emergency suspension case and the state called Nick Scholl, an investigator with the Arkansas Department of Health, who testified that the board received anonymous videos showing the physician nude in clinic spaces and engaging in sexual acts in front of three women who worked at or were present in the clinic. "It appears that he ejaculates onto patient number 1, her outer shoulder chest," Scholl testified while identifying multiple video exhibits the board had loaded for review. Scholl said he confirmed identities through pharmacy records and interviews and concluded the respondent’s descriptions to investigators were not truthful.

The board also heard expert testimony that the physician’s behavior raised boundary and safety concerns. Bradley Diner, medical director of the Arkansas Medical Foundation, told the board that after reviewing the videos and the physician’s prior interviews he recommended more intensive evaluation because the material suggested compulsive sexual behavior that could cross professional boundaries.

The respondent addressed the board and apologized for what he called "poor choices," describing the incident as an after-hours gathering he now regrets and calling some aspects of the complaint "fabricated." "I regret those actions that night," he said, and asked the board to consider that he had since undergone evaluations and signed a monitoring contract with a professional foundation.

Board members questioned the investigation’s findings, the source and timestamps of the videos, and whether the individuals in the footage were current patients. Investigators produced pharmacy records and other documentation the board said established patient–provider relationships for the individuals in the videos.

After extended deliberation the board first voted that the allegations were proven and the listed conclusions of law were met. A subsequent roll-call vote on disciplinary action resulted in a majority for revocation. The roll call recorded one member voting opposed and one member abstaining from voting; the remaining voting members supported revocation.

The board directed staff to reduce its decision to writing, notify the parties and advise them of appeal rights. The board’s order cites applicable Arkansas statutes and board rules governing sexual contact with patients, exploitation of professional relationships and workplace harassment.

The board announced it would publish the order and serve it on the parties. The revocation followed the board’s determination that the evidence met the preponderance standard for the emergency order allegations and that safeguards for public safety required the most restrictive remedy available to the board.