Health care — Oregon Medical Board says Dr. William Bailey guilty of dishonorable conduct, gross negligence

In October, Newberg physician William Bailey signed a stipulated order with the Oregon Medical Board for unprofessional or dishonorable conduct and gross or repeated acts of negligence.

The order required a $5,000 penalty, a consultant to review his office and management policies, and for Bailey to complete a physician assessment at the Center for Personalized Education for Physicians in Colorado.

The orders stem from an April OMB investigation following the death of a patient.Bailey

“In this case and most of our cases, they settle,” said Kathleen Haley, OMB executive director. “He agreed to the settlement, he agreed to the terms to be reprimanded, pay a penalty and go to the Colorado program center for personalized education.”

The investigation was two pronged. The first was a competency issue. A patient Bailey treated presented with abdominal pain on several occasions spanning 2006 to 2008. The patient later died in 2010 from colon cancer. According to the investigation, “(Bailey) failed to adequately work up Patient A’s unresolved symptoms of a 25-pound weight loss and persistent abdominal pain, to include failing to develop a differential diagnosis, failing to schedule Patient A for regular follow-up in order to peruse the symptoms to establish a conclusive diagnosis, to include endoscopy of the colon.”

Haley said the board looked at cases involving patients with similar symptoms to see if there was a pattern of “substandard care” or if this was an isolated incident. The board found there was indeed a pattern and Bailey failed to develop a differential diagnosis and plan regular follow-up for five additional known patients.

Haley said a competency investigation was fairly standard, but the second aspect of the investigation was something she hadn’t seen in her 20 years on the board.

“What is different or unique to this case is the piece about having an employee and trying to teach her to do enemas on him,” she said.

In 2008, a 22-year-old employee was hired as a medical assistant at Bailey’s office. As a medical assistant, she was directed to perform digital rectal examinations (DRE) and enemas on patients.

“In what he described as an effort to instruct (the employee, Bailey) asked (her) to perform a DRE on him and to administer an enema,” according to the investigation documents. “On a different occasion, (he) had (the employee) administer a second enema to him. On another occasion, (he) offered to administer an enema to (the employee) and she declined.”

“We’re hoping both the consultant piece and the boundaries course, and reprimand would address those concerns,” Haley said.

In the proposed sanctions, it was recommended that in addition to the other consequences, Bailey’s medical license be revoked.

“One of the things that’s happened recently is that the board has to put all potential sanctions in the complaint notice; we never had to do that before,” Haley said. “Given that our mission is to protect the public first and foremost, part of our mission is access to care, and the concern that there are enough physicians. If the physician’s career can be saved, we want to do that.”

Bailey said he’s cooperating with the board.

“I’m going through the things they’ve asked me to do. I’ve tried to be completely cooperative, and I don’t completely agree with their assessment, but I’ve tried to get this behind me,” he said. “The more it comes out the more I wish I hadn’t done that.”

Bailey has 180 days from the date of the stipulated order to complete the review of his office and policies, and complete the physician assessment, which he said he has not yet completed.

Bailey is currently practicing at the Chehalem Medical Clinic.

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