L. MITCHELL JONES (USB No. 5979) Assistant Attorney General SEAN D. REYES (No. 7969 ) Utah Attorney General Commercial Enforcement Division 160 East 300 South, 5" Floor Box 140872 Salt Lake City, Utah 84114-0872 Telephone: (801) 366-0310 Email: mitchelljones@utah. gov BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE STATE OF UTAH IN THE MATTER OF THE LICENSE OF 7 ADAM TAE KYUN LIM EMERGENCY ORDER UTAH LICENSE #5894622-3103 TO PRACTICE AS A REGISTERED NURSE 7 Case No. DOPL 2016- GO - IN THE STATE OF UTAH ‘The Division of Occupational and Professional Licensing of the Department of Commerce of the State of Utah (the "Division") initiated an Emergency Adjudicative Proceeding pursuant to Utah Code Ann. § 63G-4-502, the Utah Administrative Procedures Act; Utah Code Ann. § 58-1-108(2), the Division of Occupational and Professional Licensing Act; and Utah Administrative Code § R156-1-206, of the Division of Occupational and Professional Licensing Act Rules. The Division initiated the Emergency Administrative Proceeding upon evidence that the continued practice of Adam Tae Kyun Lim (“Respondent”) as a registered nurse represented an immediate and significant danger to the public health, safety, and welfare; and that the threat required immediate action by the agency.Before taking this action, the Chair of the Utah Board of Nursing appointed a three- ‘member committee to review with the Division the proposed action in this matter, pursuant to Utah Code Ann, § 58-1-108(2) Pursuant to the Open and Public Meetings Act, Utah Code Ann. § 52-4-1, the Division provided notice of the meeting of the committee for 10:00 am. on Wednesday, September 20, 2016, at the Heber M. Wells Building located at 160 East 300 South, Salt Lake City, Utah. Notice of the Emergency Hearing was published on the Utah Public Meeting website in the early morning of September 20, 2016. Notice of the Emergency Meeting was provided to the Salt Lake Tribune and Deseret News on September 19, 2016. Notice of the Emergency Hearing was formation website on placed in the lobby of the Heber Wells Building and on the DOPL/publis or about September 20, 2016. The committee convened at the appointed date and time, The meeting of the committee was closed pursuant to Utah Code Ann. § 52-4-205(1)(a) in order to discuss the professional competence and character of an individual. The presiding committee member affirmed under oath that the meeting was closed for that purpose. The committee reviewed the Division’s proposed action and considered information in the form of testimony and exhibits. The Division, having considered the committee's recommendations, makes the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT 1. On or about May 5, 2005, Respondent was first licensed to practice as a registered nurse in the State of Utah, license number 5894622-3102.2. Patient AJ stated to the emergency panel that Respondent inappropriately touched her vagina, lay on top of her with his pants down, and tried to kiss her, while Respondent was treating Patient AJ as a nurse at a Utah hospital in December 2006. 3. Patient MH stated to a Division investigator that Respondent inappropriately touched her vagina and her breasts while Respondent was treating Patient MH as a nurse at a Utah hospital in January 2007. 4, Patient DH made a complaint to hospital staff at a Utah hospital that Respondent had ‘massaged her, told her she was "beautiful," and made her feel uncomfortable by getting close to her mouth while Respondent was treating Patient DH as a nurse at a Utah hospital in January 2007. 5. Patient AT stated to a Division investigator that Respondent inappropriately touched her vagina while Respondent was treating Patient AT as a nurse at a Utah hospital in April 2008. 6. Patient SA stated to a Division investigator that Respondent inappropriately touched her breasts while Respondent was treating Patient SA as a nurse at a Utah rehabilitation center in December 2008. 7. Patient LO stated to the emergency panel that Respondent inappropriately touched her vagina while Respondent was treating Patient LO as a nurse at a Utah hospital in January 2009. 8, Patient GB made a complaint to hospital staff that Respondent had inappropriately touched and kissed her body while treating patient GB as a nurse at a Utah hospital in February 2011. 9. Patient KP made a complaint to police that Respondent had engaged in non- consensual intercourse with her and touched her breasts while she had passed out at her home inJune 2011. P: nt KP stated that Respondent met P: ent KP while Patient KP was a patient at a Utah hospital in about November 2010 and Respondent provided Patient KP with nursing services. Patient KP stated that Respondent began contacting her at a motel where Patient KP ‘was staying and the two began a months-long friendship. When interviewed by police, Respondent admitted to treating Patient KP at the hospital in November 2010; stated that Patient KP was often highly intoxicated; admitted that he followed Patient KP to a motel after she was discharged from the hospital; stated that he was concerned about Patient KP; admitted to taking her to Walmart to buy shoes; admitted that the two had telephone conversations about her family problems over the next months; admitted that he went to her home in about May 2011 and took her out to eat at Arby's; admitted that Patient KP told him she loved him; admitted to initially lying to police about never lying down with Patient KP; admitted he frequently hugged Patient KP; admitted he put Patient KP in bed; admitted that he and Patient KP laid together while wearing only their underwear; admitted that he may have had sex with Patient KP in about May 2011; admitted he was uncertain about whether he penetrated Patient KP; admitted that about a week after the first sexual incident, Patient KP allowed Respondent to touch her breasts; admitted that the times he had sex with Patient KP she was intoxicated, but that she was always conscious and consented to the sexual activity. Patient KP died in approximately August 2011. 10. Patient CC stated to the emergency panel that Respondent inappropriately inserted his fingers into her vagina, just after Patient CC had her leg amputated, while Respondent was treating Patient CC as a nurse at a Utah hospital in February 2014. 11. Patient DB stated to the emergency panel that Respondent inappropriately inserted his fingers into her genital area, kissed her on the mouth, and touched her breasts, all without herconsent, while Respondent was treating Patient DB as a nurse at a Utah hospital in November 2015, when Patient DB was age 65. Patient DB stated that Respondent then began calling Patient DB at her home, insisting that Respondent be allowed to come over an visit Patient DB. Patient DB stated that she feared for her safety and that she believed Respondent wanted to have sex with her. 12, Patient AL stated to the emergency panel that Respondent inappropriately touched her breasts without her consent, while Respondent was treating Patient AL as a nurse at a Utah hospital in December 2015. Patient AL. stated that Respondent brought champagne to her hospital room and poured her a cup to drink, even though Patient AL was currently taking controlled substances for pain. 13, Patient MG made a complaint to hospital staff that Respondent had inappropriately touched her breasts without her consent while treating patient MG as a nurse at a Utah hospital in about January 2016. 14, Respondent's employment at a Utah hospital was terminated in February 2016. 15, The witnesses who directly addressed the emergency panel ~- Patients AJ, AT, LO, CC, DB, and AL-- were credible. 16. Respondent denied inappropriately touching any patient when interviewed by police and the Division in August 2016. 17. Descriptions of Respondent's conduct by the witnesses showed a pattern of Respondent approaching female patients alone in their rooms late at night after they had been sedated or were under the influence of mind-altering substances.18. On August 31, 2016, Respondent was charged with two counts of object rape, each a Ist degree felony; and one count of forcible sexual abuse, a 2nd degree felony, in Third District Court, Salt Lake County, Utah. 19, On September 8, 2016 the Division provided Respondent with a proposed agreement whereby Respondent would agree to immediately cease practicing as a nurse in the State of Utah until the alleged misconduct that was the subject of the criminal charges was resolved. As of September 21, 2016, the Division has received no response from Respondent regarding that proposed agreement. 20. Respondent is currently licensed in good standing in the State of Utah. The general public may not be aware of the conduct described above. Respondent could begin working and providing nursing services at any facility where a registered nurse is employed. Respondent could place himself in situations where he is alone with patients, including patients who are undressed, incapacitated, and/or under the influence of anesthesia or drugs. CONCLUSIONS FROM THE FACTS 1. That the Respondent's conduct as described above poses an immediate and significant danger to the public health, safety, and welfare; and requires immediate action by the Division. In particular, Respondent inappropriately touched female patients. ‘The behavior occurred up to a dozen times over a period of nine years. Respondent approaches female patients when they are vulnerable due to physical frailty and when they are under the influence of anesthesia or drugs. Respondent contacts female patients after they are discharged from the hospital. The factspresented show further, that Respondent may continue to be an imminent and significant danger in need of a nurse. to the public since he currently may apply for and work at any faci 2. Respondent has engaged in a pattern of unprofessional behavior. Respondent violated the personal boundaries of patients. Respondent violated public trust. Respondent has exhibited predatory behavior. Respondent had engaged in poor nursing practice. Respondent has denied his own responsibility and misconduct. 3. The Division finds that, pursuant to Utah Code Ann. § 58-1-401(2)(a) and (b), there is 1 factual basis to conclude that the Respondent has engaged in unprofessional and unlawful conduct, that he poses an immediate and significant danger/threat to the public health, safety, and welfare; and that the Division should take immediate action to revoke his professional license. CONCLUSIONS OF LAW 1 ‘The Dit has jurisdiction and authority to act in this matter and has followed appropriate statutory procedures regarding the initiation of emergency adjudicative actions. 2. Utah Code Ann. § 63G-4-502 provides: (1) Anagency may issue an order on an emergency basis without complying with the requirements of this chapter if: (a) _ the facts known by the agency or presented to the agency show that an immediate and significant danger to the public health, safety, or welfare exists; and (b) the threat requires immediate action by the agency. (2) Imissuing its emergency order, the agency shall: (a) __ limit its order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare;(b) __ issue promptly a written order, effective immediately, that includes a brief statement of findings of fact, conclusions of law, and reasons for the agency’s utilization of emergency adjudicative proceedings; and (©) give immediate notice to the persons who are required to comply with the order. (3) Ifthe emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the agency shall commence a formal adjudicative proceeding in accordance with the other provisions of this chapter. 3. The actions of Respondent constitute an immediate and significant danger to the public health, safety, and welfare; and require immediate action to protect the public health, safety, and welfare, 4, That Respondent, by inappropriately touching female patients, has engaged in unprofessional conduct as defined in Utah Code Ann. § 58-1-501(2)(a) and (k). 5. That Respondent's improper conduct may not be generally known to the public or potential employers and he may be employed as a nurse at any facility willing to hire him. 6. That this Order is necessary to prevent harm to the public pending a formal adjudication of the matters addressed in this proceeding. Immediate action is necessary, and this Order is the least restrictive action needed to prevent or avoid the danger to the public health, safety, or welfare. 7. Respondent may challenge the Order pursuant to Utah Admin, Code R1S1- 4-111 as follows: Utah Administrative Code § R151-4-111. Emergency Adjudicative Proceedings. Unless otherwise provided by statute or rule: (2) Upon request for a hearing under this rule, the Division shall conduct a hearing as soon as reasonably practical but not later than 20 days from the receipt ofwritten request unless the Division and the party requesting the hearing agree in writing to conduct the hearing at a later date ORDER 1, The license of Adam Tae Kyun Lim (“Respondent”) to practice as a registered nurse in the State of Utah, license number $894622-3102, shall be immediately suspended. 2. The Division shall proceed with a formal adjudicative proceeding to revoke Respondent’ license to practice as a registered nurse in the State of Utah. 3. Respondent shall immediately cease and desist from the practice of nursing in the State of Utah. DATED this C21 day of Sep rember 2016. DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING Mn MARK B. STEINAGEL Director