HAGÅTÑA (The Guam Daily Post) — The Guam Board of Medical Examiners reached a milestone, closing a case involving a doctor with a substance abuse disorder who has completed all conditions set by the board to maintain his license and practice medicine on the island.
The doctor’s name was not disclosed, but, according to the medical board, he was flagged for a substance abuse disorder two years ago and has done a “remarkably good job” on the path toward recovery.
The complaint was reported to the board in January 2022 and investigated by Dr. Nathaniel Berg, board chair.
“This is the physician who had the addiction impairment – or substance abuse disorder rather – that has done a remarkably good job considering the length of his illness,” Berg reported.
The man has been a doctor for many years but had a run-in with the law relative to driving under the influence. Berg said the physician underwent therapy and recently found work again.
“(The doctor) is happily re-employed and I have heard nothing negative. So, that case there we had agreed that I would talk to the employee, and I have. I think at this point, there’s no active issue,” Berg said.
The physician underwent specialized inpatient treatment for health care professionals with a substance abuse disorder and has been compliant with instructions provided to him at discharge late last year.
When the case was up for action by the board, Berg was initially hesitant to close the case, as this was the first time the board had seen a physician through treatment in a case like this.
“I would want to table that and then revisit it in six months rather than keep this person constantly active. Table it, follow up in six months on this with the employer. The employer already knows to report to me personally … if there are any issues that arise,” Berg said. “I think it takes a little pressure off somebody, rather than constantly be every month reporting this person has done a good job in compliance with all of the instruction we gave from the beginning. Not one thing did that physician not comply with.”
While Berg made a motion to that extent, board member Dr. Annette David asked, “Is there reason to drag it out for another six months? Why not just close the case? I think he’s completed all the requirements.”
“That’s not all the requirements. It is true, and I thought about that. We’ve talked about that before, whether to just close the case given that the employer knows to notify us and is monitoring. I am open for discussion. I don’t know. We’ve not had this situation before. So it’s kind of uncharted waters for us,” Berg said.
David, however, believed that tabling it for another six months was “a bit of an injustice for the person.”
“I mean he’s complied with everything we’ve requested, and there is a safety net with the employment environment to catch any recidivism,” David said.
Legally, the case was adjudicated in the Superior Court of Guam.
“I think he pled no contest, if I recall. The attorney general’s office, when we had them before, they were OK with our plan. There were no issues there,” Berg said.
While the legal finding does not have weight in the board case, the board waited to see how the criminal case would play out in court.
Ultimately, the medical board closed the case.
Nathaniel Berg
