Why aren’t these doctors in prison?
Smith, Barlow, M.D., Lic. #F9026, Marble Falls TX
On June 29, 2009, the Board and Dr. Smith entered into an agreed order of public reprimand requiring that, within one year, he complete the professional boundaries course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program or the Vanderbilt Center for Professional Health and that he pay an administrative penalty of $3,000 within 180 days. The action was based on Dr. Smith’s repeated sexual contact with a psychiatric patient who had a history of being sexually abused, and on his telling his fiancée, who called the patient and insulted her.
Mullen, John B., M.D., Lic. #G1123, Mount Pleasant TX
On August 21, 2009, the Board and Dr. Mullen entered into a five-year agreed order requiring that he abstain from prohibited substances; that he establish a physician-patient relationship and undergo a complete examination by both a board-certified internal medicine physician and board-certified cardiologist approved by the Executive Director, and if continuing care is recommended Dr. Mullen shall undergo continuing care and treatment by either or both of the physicians for the treatment of any condition that, without adequate treatment, could adversely affect his ability to safely practice medicine; that he obtain an independent medical evaluation from an evaluating psychiatrist; that he continue seeing his counselor; and that he participate in AA at least six times a month. The action was based on Dr. Mullen’s treatment of an emergency room patient while he was intoxicated, resulting in his inability to intubate a patient in respiratory distress. After three unsuccessful attempts the patient died. In addition, Dr. Mullen has serious cardiac issues he has been treating himself.
Turner, Richard T., M.D., Lic. #G9237, Valley Mills TX
On August 21, 2009, the Board and Dr. Turner entered into an agreed order of restriction by which Dr. Turner agrees not to resume the practice of medicine until he appears before the board and presents evidence that he is competent to practice medicine. The action was based on his inability to practice because of a physical condition and his abuse of alcohol.

Klem, Jeffrey, M.D., Lic. #L2379, Beaumont TX
On August 21, 2009, the Board and Dr. Klem entered a 15-year agreed order of public reprimand in which Dr. Klem’s license was suspended, the suspension was stayed and Dr. Klem was placed under the following conditions: Dr. Klem may not have direct or indirect contact with patients under the age of 21; when treating patients 21 and older, Dr. Klem must have a chaperone present; he must practice in a group or institutional setting; within 30 days he must submit names of treating psychiatrists to be approved for care and treatment, and within 30 days of approval must begin care and treatment with a psychiatrist and follow the psychiatrist’s recommendations; within one year he must take and pass the Texas Medical Jurisprudence Examination; within one year he must complete the professional boundaries course offered by Vanderbilt Medical Center for Professional Health or the similar course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE); he must present copies of the order to his probation officers in Harris and Jefferson Counties and present his probation orders to his TMB compliance officer; and within 90 days he must pay an administrative penalty of $5,000. The action was based on Dr. Klem’s guilty plea in Beaumont to injury to a child based on three allegations of unwanted sexual contact with a minor child, for which he served six months in Jefferson County Jail, and his guilty plea of injury to a child, a third-degree felony, in 176th District Court in Harris County
Olmsted, William R., M.D., Lic. #J1550, Georgetown TX
On August 21, 2009, the Board and Dr. Olmsted entered into an agreed order of public reprimand revoking his license, staying the revocation and placing him on probation for 10 years under the following terms and conditions: that he have an independent psychiatric evaluation; that he limit his practice to a group or institutional setting; that within one year he complete the professional boundaries courses offered by Vanderbilt University Medical Center for Professional Health or the University of California San Diego Physician Assessment and Clinical Education (PACE) program; that within 180 days he pay an administrative penalty of $5,000; and that he comply with the terms of his plea agreement in Criminal District Court in Dallas County, including paying a fine, registering as a sex offender, obtaining counseling, performing community service and ceasing contact with children except his own. The action was based on Dr. Olmsted’s nolo contendere plea of indecency with a child by contact, a second degree felony.

http://www.tmb.state.tx.us/news/press/2009/082809.php