STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF PROFESSIONAL LICENSING BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE In the Matter of CHRISTOPHER PETER LOMBARDO, M_D., Complaint No. 43-16-144673 License No. 43-01-101636 / CONSENT ORDER AND STIPULATION CONS! RDER ‘An administrative complaint was filed with the Disciplinary Subcommittee of the Board of Medicine on April 25, 2018, charging Christopher Peter Lombardo, MLD. (Respondent) with having violated sections 16221(a) and (b)(i) of the Public Health Code, 1978 PA 868, as amended, MCL 333.1101 et seq. The parties have stipulated that the Disciplinary Subcommittee may enter this consent order. The Disciplinary Subcommittee has roviewed the stipulation contained in this document and agrees that the public interest is best served by resolution of the outstanding complaint. Therefore, the Disciplinary Subcommittee finds that the allegations of fact contained in the complaint are true and that Respondent has violated sections 16221(a) and (b)(i) of the Public Health Code. ‘Accordingly, for these violations, IT IS ORDERED: Respondent is placed on PROBATION for a minimum period of one (1) day not to exceed one (1) year, commencing on the effective date of this order. Respondent shall be automatically discharged from probation upon theDepartment's receipt of satisfactory written evidence of Respondent's successful compliance with the terms and conditions as provided below, provided compliance occurs within one (1) year. If Respondent fails to complete any term or condition of probation as set forth in this order within one (1) year of the effective date of this order, Respondent will be in violation of Mich Admin Code, R 338.1632 and section 16221(h) of the Public Health Code. The terms and conditions of the probation are as follows: A. ANGER MANAGEMENT COURSE. Within ninety (90) days of the effective date of this order, Respondent shall contact the Ad Novick Group, Ine, at (949) 715-2694, and enroll in the in-person Physician Anger Management and Coaching for Disruptive Behavior program. ‘This course is approved by the Federation of State Medical Boards. A copy of the program is attached. ‘The program shall be conducted at Respondent's expense and Respondent shall ensure that a copy of the progress reports are provided to the Department. Respondent shall successfully complete the program, and shall promptly notify the Department in writing upon successful completion. Any violation of the Public Health Code by Respondent during the period of probation shall be deemed a violation of probation and constitute grounds for further disciplinary action. Respondent is FINED One Thousand and 00/100 Dollars ($1,000.00) to be paid by check, money order or cashier's check made payable to the State of Michigan (with complaint number 43-16-144673 clearly indicated on the check or money order), and shall be payable within ninety (90) days of the effective date of this order. The timely payment of the fine shall be Respondent’s responsibility.Respondent shall mail the fine to: Department of Licensing and Regulatory Affairs Bureau of Professional Licensing, Enforcement Division, Compliance Section, P.O. Box 30189, Lansing, Michigan 48909. Respondent shall be responsible for all costs and oxpenses incurred in complying with the terms and conditions of this consont order. Respondent shall be responsible for the timely compliance with the terms of this consent order, including the timely filing of any documentation. Failure to comply within the time limitations provided will constitute a violation of this order. If Respondent violates any term or condition sot forth in this order, Respondent will be in violation of Mich Admin Code, R. 838.1632, and section 16221(h) of the Public Health Code. ‘This order shalll be effective thirty days from the date signed by the Chairperson of the Disciplinary Subcommittee or the Disciplinary Subcommittee's authorized representative, as sot forth below. Signed on_7722407 MICHIGAN BOARD OF MEDICINE By__ Chairperson, Pistiplinary Subcommittee STIPULATION Tho parties stipulate as follows: 1. The facts alleged in the complaint are true and constitute a violation of the Public Health Code.2. Respondent understands and intends that, by signing this stipulation, he is waiving the right under the Public Health Codo, rules promulgated under the Public Health Code, and the Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.201 et seq., to require the Department to prove the charges set forth in the complaint by presentation of evidence and legal authority, and to present a defense to the charges before the Disciplinary Subcommittee or its authorized representative. Should the Disciplinary Subcommittee reject the proposed consent order, the parties reserve the right to proceed to hearing 3. The Disciplinary Subcommittee may enter the above Consent Order, supported by Board conferee Michael Chrissos, M.D. Dr. Chrissos or an attorney from the Licensing and Regulation Division may discuss this matter with the Disciplinary Subcommittee in order to recommend acceptance of this resolution. 4. Dr. Chrissos and the partios considered the following factors in reaching this agreement: A. Respondent was remorseful for his actions. He indicated that he recognizes that he stepped over the line, and that he has taken action, and undergone therapy as a result. CONTINUES ON NEXT PAGEBy signing this stipulation, the parties confirm that they have read, understand and agree with the terms of the consent order. AGREED TO BY: AGREED TO BY: EE OC f ’ Phowhandy MD Erie M. St. Onge (P56630) Christopher Peter Lombardo, M.D. Assistant Attorney General Respor Aor be epg vous 6 2] | ZEEE Ea Aaron J. Kemp (P65238) Attorney for, ondent, Dated: [U, 2018-0218431-VLombardo, Chrintopher Poter, MD., 144678/Consent— Ordor and Stipulation - 2039.04.90,STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF PROFESSIONAL LICENSING BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE In the Matter of CHRISTOPHER PETER LOMBARDO, M.D. License No. 43-01-101636, Respondent. File No, 43-16-144673 ADMINISTRATIVE COMPLAINT. The Michigan Department of Licensing and Regulatory Affairs, by Cheryl Wykoff Pezon, Acting Director, Bureau of Professional Licensing, complains against Respondent as follows: 1. The Michigan Board of Medicine is an administrative agency established by the Public Health Code, MCL 333.1101 ef seq. Pursuant to MCL 333,16226, the Board's Disciplinary Subcommittee is empowered to discipline persons for violations of the Public Health Code, 2. Respondent is currently licensed to practice medicine in the state of Michigan and has a controlled substance license. 3. At all relevant times, Alpena Regional Medical Center (facility) in Alpena, Michigan, employed Respondent as a surgeon. ‘Administrative Complaint Fila No, 43-16-144673 Page 1 of 54, On October 6, 2016, patient A.B. presented fo the facility to undergo a left mastoidectomy, @ surgical procedure on part of the skull near the ear. In the pre- operative area, Respondent placed a small dot behind patient A.B.’s left ear to identify the surgical site, The charge nurse present for the surgery requested several times that Respondent place his initials at the surgical site, per facility policy. Instead of complying, Respondent aggressively wrote his initials across patient A.B.'s cheek, circled the initials, and threw the marker across the room, Respondent then became irate, ranted about the facility's site marking policy while screaming and swearing for approximately three minutes. The circulating nurse was able to completely remove the marker from patient A.B.'s face before the procedure began. Approximately five minutes later, Respondent returned to the operating room and the surgery proceeded without incident. 5. Later, facility management conducted an investigation of the incident and discussed the findings with the facility's Medical Executive Committee (MEC) on October 17, 2016. 6. On October 18, 2016, based on the facility's investigative findings and the decision of the MEC, Respondent was disciplined, as follows: a) Respondent's clinical privileges were suspended for 30 days beginning on October 19, 2016; b) Respondent was required to complete a pre-approved corrective action plan which included a psychiatric evaluation and ongoing surveillance by November 11, 2016; ©) Respondent received a Letter of Reprimand to remain as part of his permanent record; Adnninistrative Complaint Flig No. 43-16-144673 Page 2 of 5d) Reinstatement on November 15, 2016 predicated on the MEC acceptance of Respondent's psychiatric evaluation and ongoing surveillance; and ©) Respondent's facility clinical privileges were restricted. 11. On October 25, 26, and 28, 2016, Respondent underwent a psychosocial evaluation and met with the evaluator for psychosocial testing, 12, On November 18, 2016, as a result of Respondent's failure to comply with facility management's and the MEC’s request to complete an action plan by November 11, 2016, Respondent's facility clinical privileges were suspended, 13. On January 16, 2017, the facility's MEC reinstated Respondent's clinical privileges with probation until July 30,2017. The terms of probation included the ‘submission of quarterly reports from Respondent's treatment team to the MEC and the submission of monthly monitor reports from Respondent's monitor. Respondent was required to participate in monthly discussions with the designated monitor. Any incidents deemed a major violation by the MEC, or a pattem of minor violations during the probationary period, would result in the automatic relinquishment of privileges, 14 On January 20, 2017, facility management notified Respondent that his employment with the facility would be terminated at the end of 90 days. 15. As part of the investigation into Respondent's above conduct, the Department obtained an expert to review the matter. Upon review, the retained expert concluded that Respondent failed to exercise due care and departed from the minimal ‘Administrative Complaint File No. 43-16-144673 Page dof 5standards of care when he failed to comport to the facility's policy for surgical site marking and that Respondent's showing of disrespect for the anesthetized patient and arguing with facility staff placed patient A.B. at risk for a medical error. 16. (On May 26, 2017, in an interview with a Department investigator, Respondent admitted that he wrote his initials across patient A.B’s cheek and circled them, Respondent acknowledged that the purpose of the facility policy was to minimize mistakes. Respondent's conduct, as set forth above, evidences a violation of general duty, consisting of negligence or failure to exercise due care, including negligent delegation to or supervision of employees of other individuals, whether or not injury results, or any conduct, practice, or condition which impairs, or may impair, the ability to safely and skillfully engage in the practice of the health profession, in violation of MCL. 333,16221(a). COUNT II Respondent's conduct, as set forth above, evidences a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for the health profession, whether or not actual injury to an individual occurs, in violation of MCL 333.16221 (b)(i). Administrative Complaint File No. 43-16-144673 Page 4 of 5RESPONDENT |S NOTIFIED that, pursuant to MCL 333.16231(8), Respondent has 30 days from the date of receipt of this Complaint to answer this Complaint in writing and to show compliance with all lawful requirements for licensure, Respondent shall submit the response to the Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, P.O. Box 30670, Lansing, Ml 48909. Respondent's failure to submit an answer within 30 days is an admission of the allegations in this Complaint, If Respondent fails to answer, the Department shall transmit this Complaint directly to the Board's Disciplinary Subcommittee to impose a sanction, pursuant to MCL 333.16231(9). LFM Administrative Compiaint File No, 43-16-144673 Page 6 of 5