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In re Medical License of Woolley8/30/2005
By writ of certiorari, relator challenges the decision of the Minnesota Board of Medical Practice (board) revoking his license to practice medicine in the state of Minnesota. Relator argues that the board (1) assumed facts beyond those originally agreed on for purposes of summary disposition, (2) erred by misconstruing the term "patient" and by misapplying certain provisions of the Medical Practices Act, and (3) abused its discretion by revoking his medical license. We affirm.
FACTS
Pro se relator Robert J. Woolley, M.D., was licensed to practice medicine on June 30, 1990. In 1993, patient #1 began her employment as an X-ray technician at the Boynton Health Service (BHS) of the University of Minnesota (university). Patient #1 has suffered from a number of serious health problems since an early age, including cataracts, blood clots, and severe asthma. In 1994, relator began practicing medicine at BHS. On July 16, 1997, relator, along with a colleague, first treated patient #1 for an asthma attack. That summer, relator sent an email, offering a theater ticket to his work colleagues; patient #1 accepted the offer. Over the course of the next year and a half, relator treated patient #1 on six separate occasions, although both parties acknowledge that relator was not patient #1's primary physician.
Although relator was married, his friendship with patient #1 developed into a sexual relationship. At first, the touching involved back rubs over patient #1's clothing, but eventually relator encouraged patient #1 to remove her blouse and reassured her by explaining that he was a doctor and that he had "seen thousands of breasts." Patient #1 complied with relator's request, and he proceeded to "massage front and suck breasts." During some of their encounters, patient #1 was hospitalized and under heavy medication. For example, in a notarized statement, patient #1 explained:
9. In April 1999, I was hospitalized for severe asthma at the University of Minnesota Hospital. I was on IV prednisone and was receiving oxygen through a nasal cannula. [Relator], who has privileges at this hospital, came to my room wearing his work clothes and asked if I wanted a back rub. He pulled up my gown, caressed other areas and sucked my breasts trying to stimulate them. I nudged his hand away and he stated that he was trying to make me feel good.
10. In November of 1999, I was hospitalized for an exacerbation of my asthma and was also suffering from bronchitis. I was in a double room with another patient. I was receiving IV medications and was on oxygen. [Relator] came in and started to caress and suck my breasts. He also stated he wanted to make me feel better and asked if I ever had oral sex. I said "no" and he put his head down by my vagina. I said "no" and put my hand near my vaginal region. Again, [relator] stated that he just wanted to give me pleasure.
As late as February 2001, relator sent patient #1 a note that read:
Yesterday's great big hug apparently didn't cure you. So today I'm giving you a great big pair of lips, with which to administer a great big "kiss better." Medical science has demonstrated that this remedy is infallible. However, you will have to administer the treatment yourself since I don't know all the places [you are] hurt. Just press the great big lips to any affected areas. Get better soon. I hate having you sick and in pain.
(Emphasis added.) Patient #1 alleged a number of other incidents, and relator has admitted to having a sexual relationship with her.
In March or April 2001, the sexual relationship ended when relator told patient #1 that he had disclosed their relationship to hi
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