‘BEFORE THE MEDICAL LICENSURE COMMISSION OF ALABAMA ALABAMA STATE BOARD OF ) ‘MEDICAL EXAMINERS, } ‘Complainant, ) y : Y ) ) — CASE.NO.: 2021-048 ROBERT PEARCE BOLLING, M.D, } ) Respondent, ij ORDER TEMPORARULY SUSPENDING LICENSE AND SETTING HEARING Upon the verified Administrative Complaint of the Alabama Stafe Board of Medical Examiners, and pursuant to the authority of Als, Code § 34-24-361(f) and 41-22-19(d), it is the ORDER ofthe Commission that the license to practice medicine or osteopathy, license certifieate umber 24251, of ROBERT PEARCE BOLLING, M.D,, be, and the same is hereby, immediately suspended. ROBERT PEARCE BOLLING, M.D., is hereby ORDERED and DIRECTED to sorrender the said license certificate to fed by [K {cate ‘yopnian oly authorized agent of the Medical Licensure Commission, ROBERT PEARCE BOLLING, M.D., is hereby ORDERED to immediately CEASE and DESIST from the practice of medicine in the State of Alabama until such time as the Administeative Complaint of the Alabame State Board of Medical ‘Examiners shall be heard by the Commission and a decision rendered thereon. ‘This action is made consistent with the Rules and Regulations of the Board of Medical Examiners and the Medical Licensure Commission and Ala, Code § 34-24-361(9, based upon the fequest of the Alabama State Board of Medical Examiners upon the Board’s finding and certification that the Board presently has evidence in its possession thet the continuance in practice of ROBERT PEARCE BOLLING, M.D., may constitute an immediate danger to his patients and the pubic. "iIt is the further ORDER of the Medical Ligensure Commission that the Administrative Complaint ofthe Alabama State Board of Medical Bxaminers be, and the same is hereby, set for hearing on the olay of Auge st AOA} a _LD.Q0_ Am, atthe offices of the Medical Licensure Commission, 848 Washington Avenue, Montgomery, Alabama. ROBERT PEARCE BOLLING, MD., is ORDERED to eppear before the Commission at the aforesaid time and date to answer the allegations of the Administrative Complaint filed by the Alabama State Board of Medical Examiners. It is the further ORDER of the Commission that a copy of the verified Administrative ‘Complaint of the Alabama State Board of Medical Examiners and a copy of this order shall be forthwith served upon ROBERT PEARCE BOLLING, M.D, by personally delivering the same to him at his office or a his residence or sach place as he may be found in the State of Alabama, or by certified mail, return receipt requested, to his last known address if he cannot be found in the State of Alabama. The Commission further directs that the service of process shall be made by Led&xNiut Chapit,. is designated as the duly authorized agent of the Medical Licensure Commission, It is further ordered that the parties and their attorneys immediately check their calendars for scheduling conflicts, No request for coatinuances based upon scheduling conflicts ofattorneys or partes will be considered unless such request is mde forty-five (4S) days prio to the scheduled hearing date, ORDERED at Montgomery, Alabang this SLSIA day of n Ay 2022. 2“This Administrative Complaints a pubic document under Alabaralaw. The Medical Licensure Corsmission of ‘Alabama makes tis document avaiable on ts wob ste asa service to the publ “The mater set outin the Administrative Complaintarealagatins. The censee who she subjectof this ‘Administrative Compainihas the rghtto.a hearing. al which the Alabarra Board of Medical Examiners may present ‘evidence supparing he alogatons the asegatons are sUbstated, the Medical Leensure Commission of ‘Nabama may mpose sanctions onthe loensoes conse to practice medicine n Alabama BEFORE THE MEDICAL LICENSURE COMMISSION OF ALABAMA ALABAMA STATE BOARD OF ) MEDICAL EXAMINERS, ) ) Complainant, ) ) % ) ) + 2021-048 ROBERT PEARCE BOLLING, MD, ) d Respondent. y ADMINISTRATIVE COMPLAINT AND PETITION FOR SUMMARY SUSPENSION OF LICENSE, COMES NOW the Alabama State Board of Medical Examiners (hereinafter “the Board”), by and through its counsel, and submits this Ach istrative Complaint and Petition for Summary Suspension of License, to summarily suspend and revoke or sanetion ROBERT PEARCE BOLLING, M:D.’s (hereinafter “Respondent”) medical license under Ala. Code § 34-24-361(). JURISDICTION 1. On or about September 26, 2001, Respondent, ROBERT PEARCE BOLLING, MLD, Was issued license number MD.24251, to practice medicine in the state of Alabama. He has maintained an Alabama medical license since 2001 and was licensed at all times suaterial to this complaint. FACTS 2. Onoxabout November 15,2019, the Board received a patient complaint concerning Respondent's quality of care provided to her following her breast reduction procedure. Respondent isa plastic surgeon with office locations in Foley, Alabama and Fayette, Alabama. Patient alleged Respondent did not see her until five weeks post-surgery. During her visit, Respondent discovered that Pationt’s surgery wound was infected and instructed Patient to put zine ointment on it, Shortlythereafter, Patient went to her primary care physicta who instructed hee to immediately see a wound care physician, Patient alleged it took approximately four weeks after receiving the wound care treatment for her wound to heal. 3. While the Board was investigating the quality-of-care complaint against Respondent, it received correspondence from Respondent on or about February 9, 2021, wherein he self-reported a misdemeanor charge against him for inappropriately touching a former RR fil2c! « complaint of sexual misconduct in the District Court of Fayette, Alabama, on January 27, 2021, In her complaint, KEE |leged employee at a private resident that Respondent's conduct consisted of “grabbing/touching of the buttocks and vaginal area as well as forceful kissing ... without her consent.” On the date of the incident, Respondent had texted WR 0 his way to the residence stating, “Don’t be mad if I kiss you” and telling her that he was intoxicated and would “feel her up.” 4 At its June 17, 2021, meeting, after consideration of its investigation materials refating to the quality-of-care complaint, the Board voted to invite Respondent to appear for an interview before the Credentials Committee. 5. On July 27, 2021, the district court issued an order in the sexual misconduct matter finding Respondent guilty to a lessor charge of Harassment 3 and suspended his three-month jail sentence in consideration of an unsupervised probation period off 12 months. Respondent was further ordered to have no direct or indirect contact with [i 6. Respondent appeared for an interview before the Credentials Committee on January: 19, 2022, to discuss issues relating to the quality-of-care complaint brought against him. Respondent reported a pattern of practice of having patients send him photos of their breasts or other sensitive body parts to his personal cell phone so that he could provide “follow-up” care.After consideration of the interview and investigative materials, the Board voted to issue Respondent a letter of concern for his poor medical record documentation and lack of appropriate patient follow up. 7. After consideration of its investigation into Respondent's sexual misconduct, the following day at its meeting, the Board yoted to also issue n Board Order requiting Respondent submit to a complete evaluation for professional sexual misconduct at Pine Grove Behavioral Health or Acumen Assessments, Respondeit was served with the Board Order on or about February 8, 2022, 8. After Respondent’s Fanmary 19, 2022, interview before the Credentials Committee, in which he disclosed his involvement with the Alabama Professionals Health Program (“APHP"), the Board leamed of additional information relating to Respondent's history of sexval misconduct. This additional information included the following: on August 6, 2021, 1-0: 5720 7-10, 2, AsI ©: 005 1 2021, Repent eer 02 Desens 10-12, 2021, spon attended a PBI Professional Boundaries and Ethics Course. 9, In fight of this new information, the Board voted at its February 17, 2022, meeting to rescind its previous order requiring Respondent submit to a complete evaluation for professional sexual misconduct and give him the opportunity to voluntarily cease the practice of medicine until he completed an inpatient treatment at Pine Grove and was approved to return to the practice of medicine by the Board, Respondent and the Board agreed that the treatment would occur at Acumen Assessments rather than Pine Grove after discussing how he could comply with the Board's orders, 10. Respondent was evaluated at Acumen Assessments curing the week of March 7, 2022. During the evaluation, he was given a polygraph examination whervin be demonstrated a * to w question which asked, “Have you ever inappropriately touched or fondled a patient while conducting an examination or providing medical treatment”? Additionally, Respondent admitted to engaging in a wide range of risky sexual behavicr, including masturbating with strangers over the internet begiming in 2000, and mecting individuals through the internet for mutual masturbation and anonymous sex. Notably, fhe admitted to engaging in cightextramarital affairs, with five of these affairs occurring with patients or former patients, and three aifairs occurring with colleagues or employees. He reported a specific incident in which a neighbor came to his office for a Botox injection followed by sex. 11, On April 8, 2022, the evaluating professionals at Acumen Assessments issued a report in which they concluded that Respondent is “unfit for duty 82 20" Gorter sated that Respondent “has engaged in professional sexual misconduct with at least five patients and three employees/eolleagues in which he utilized his position of power to influence these individuals into having sexual encounters. .. . he continues {o find himself acting out and looking for individuals to groom.” CHARGES 12, The Board has investigated Respondent and has concluded that there is probable cause to believe that he has violated Ala, Code § 34-24-360. COUNT ONE — UNPROFESSIONAL CONDUCT 13. On or about April 24, 2020, ROBERT PEARCE BOLLING, M.D., engaged in unprofessional conduct, specifically, conduct with is immoral and which is willful, shameful, and which shows a moral jifference to the standards and opinions of the community, when he cngaged in sexually harassing behavior with MEME n violation of Ala, Admin Code R. 545- X-4-,06(9) and Ala, Code § 34-2 -360(2).. Coun’ Two - Cranial CONVICTION 14. Onorabout July 27, 2021, ROBERT PEARCE BOLLING, M.D., was convicted in the District Court of Fayette County, Alabama of the misdemeanor crime or offense of harassment, a violation of Ala, Code § 13A-11-8, said crime or offense reficcting his inability topractice medicine with due regard for the health or safety of his patients, in violation of Ala. Code § 34-24-360(5). CouNT THREE ~ INABILITY TO PRACTICE MEDICINE WITH REASONABLE SKILL AND. SAFETY TO PATIENTS 15. Beginning on or about April 8, 2022, and continuing through May 19, 2022, ROBERT PEARCE BOLLING, M.D,, has demonstrated an inability to practice medicine with reasonable skill and safety to his patients as a result ofa mental or physical condition exhibited by his commission of sexual misconduct in the practice of medicine, in violation of Ala. Code § 34- 24-360(19)a, COUNT FOUR —UNPROFESSIONAL CONDUCT. 16. Beginning on or about September 26, 2001, and continuing through May 19, 2022, more specific dates being unknown to the Alabama State Board of Medical Examiners, ROBERT. PEARCE BOLLING, M.D., has engaged in unprofessional conduct by committing one or more acts of sexual misconduct in the practice of medicine, in violation of Ala, Admin, Code R. 545-X- 4,06, Ala. Admin, Code R. 545-X-4-.07, and Ala, Code § 34-24-360(2).. WHEREFORE, the foregoing premises considered, the Alabama State Board of Medical Examiners respectfully requests that the Medical Licensure Commission, pursuant to its authority under Ala, Code §§ 34-24-361(f) and 41-22-19), immediately suspend the ficense to practice medicine in Alabama of ROBERT PEARCE BOLLING, M.D., without a hearing, and order that he immediately cease and desist from the practice of medicine in the State of Alabama and surrender to the Coramission, or a designated agent, his license to practice medicine. Further, the Board requests that the Commission set « hearing on this Administrative Complaint, and order that ROBERT PEARCE BOLLING, M.D., appear and answer the allegations contained in this Administrative Complaint. The Board requests that, at the conclusionof the hearing, the Commission revoke the license to practice medicine of Respondent, assess the maximum fine, and/or take such other actions as the Commission may deem appropriate based upon the evidence presented for consideration. continuing the invest of the Respondent and said investigation may result in additional charges being prepared and filed as an amendment fo this Administrative Complaint ‘The Board requests that administrative costs be assessed against Respondent pursuant to Ala, Code § 34-24-381 and Commission Rule 545-X-3-.08(12)(c). ‘This Administrative Complaint is executed for and on behalf of the Board by its Executive Director pursuant to the instructions of the Board as contained in its resolution of May 19, 2022, a copy of which is attached hereto and incorporated herein. EXECUTED this ZS¢fday of Mey, 2022. QNirnns HN i rocraca a William M. Perkins Executive Director ALABAMA STATE BOARD OF MEDICAL EXAMINERS - Wilddn Hunter General Counsel ALABAMA STATE BOARD OF MEDICAL EXAMINERS P.O, Box 946 Montgomery, AL 36101-0946 ‘Telephone # (334) 242-4116 whunter@albme.govlake T. Henson Associate General Counsel ALABAMA STATE BOARD OF MEDICAL EXAMINERS P.O, Box 946 Montgomery, AL 36101-0946 ‘Telephone # (334) 242-4116 bhenson@albme.govSTATEOF ALABAMA) MONTGOMERY COUNTY ) Before me, the undersigned, personally appeered William M. Perkins, who, being by me first duly swom, deposes and says that he, in his capacity as Executive Director of the Alabama State Board of Medical Examiners, has examined the contents of the foregoing complaint and petition and affirms that the contents thereof are true and correet to the best of his knowledge, information and belief. William M. Perkins Executive Director ALABAMA STATE BOARD OF MEDICAL EXAMINERS, SWORN TO AND SUBSCRIBED before me this tne LYA_ day of May, 2022. Notary Public( My commission expires: | [4]2023STATEOF ALABAMA) ) MONTGOMERY COUNTY ) AFFIDAVIT Before me, the undersigned, personally appeared William M. Perkins, Executive Director of the Alabama State Board of Medical Examiners, who, being by me first duly sworn deposes and says as follows: ‘The Alabama State Board of Medical Examiners in session on May 19, 2022, a quorum of the members of the Board being present, conducted an investigation into the medical practice of ROBERT PEARCE BOLLING, M.D, At the conclusion of the discussion, the Board adopted the following resolution: Robert P. Bolling, MD, Fayette, AL After consideration of investigetive information, the Credentials Committee recommended that an Administrative Complaint and Petition for Summary Suspension of Medical License be filed with the Medical Licensure Commission. The motion was'adopted without objection, | further certify that the foregoing resolution was adopted by the Alabama State Board of Medical Examiners on the 19th day of May, 2022. aes ee See (mms Ser Na William M, Perkins Executive Director ALABAMA STATE BOARD OF MEDICAL EXAMINERS SWORN TO AND SUBSCRIBED before me this the 4Aday of May, 2022. 10