COMMONWEALTH of VIRGINIA 2 W. Owens Di t of Health Pre : ne W. ‘epartment of Health Professions stevia ow Director Perimeter Center 19960 Mayand Drive, Sulte 300 ‘Henvico, Virginia 23283-1463 February 1, 2023 PHONE (804) 367-4400 Michael L. Goodman, Esquire Goodman Allen Donnelly Via Email & Fi 4050 Innslake Dr., Ste. 200 mgoodman @goodmanallen.com Glen Allen, VA 23060 RE: John S, Mancoll, M.D. / License No.: 0101-05410; Case No. 213726 Continuance of Informal Hearing Dear Mr. Goodman: ‘The Virginia Board of Medicine (“Board”) is in receipt of your email correspondence on January 31, 2023, whereby you request a continuance of Dr. Mancoll’s informal conference, which is currently scheduled to convene on March 16, 2023, ‘After careful consideration, it has been determined that your request should be granted. Therefore, Dr. Mancoll’s informal'conference will be rescheduled. You and Dr. Mancoll-will receive written notification regarding the future date and time. Ifyou have any questions regarding this decision, please contact Jennie F. Wood, Discipline Case Manager, at (804) 367-4571; or jennie. wood @dhp virginia. gov Sincerely, ( (h bi x4 Lig heres 4 Vas Lb MS Deputy Executive Director, Discipline VirginialBoard of Medicine ce: John Stuart Mancoll, M.D. ‘Anne Joseph, Adjudication Consultant, APD Lorraine McGehee, Deputy Director, APD Meghan Wingate, Sr. Investigator, ENF India Clark, Discipline Support Specialist - FOIA ‘art of Auisogy & Speceh Language Pathology Boar of Counsling — Boar of Densty- Boars of Furera Dictors& Emtsimers cord of ton Team Care Acne Boat of Medesne Bote of using ~ Boar of Optometry ~ Bos of Phamacy ‘od of Physca Therapy ~ Board of Peyenoloy Board o Soil Werk ~ Bods ofVtwrnary Neticne~ Board f Heal ProfessionsCOMMONWEALTH of VIRGINIA ‘mo W. Owens Department of Health Professions swede gou . oon a a go ee ss scape ine te January 13,2023 Jobn Stuart Mancoll, M.D. UPS OVERNIGHT MAIL 2017 Fisher Arch Virginia Beach, VA 23456 RE: Case Number 213726 Dear Dr. Mancoll: Attached is a Notice of Informal Conference and Statement of Allegations. Information regarding the following may be found at wow.dhp. virginia. gov/medicine/medicine_Hearings.btm: Frequently Asked Questions about Disciplinary Proceedings; Directions to the Department of Health Professions Conference Center; Instructions for Requesting Subpoenas; The Board’s Sanctioning Reference Points; ‘The text of the Administrative Process Act; The text of all statutes and regulations cited herein. Ifyou have any questions, you may contact Jennie F. Wood, Discipline Case Manager, at (804) 367-4571 or jennie. wood@dhp.virginia.gov. Please notify the Board office of your intent to attend this proceeding, Sincerely, (nk An Gch ws nnifer DéS¢henes, J.D., M.S. uty Exeéutive Director Virginia Board of Medicine ‘Board of Ausclogy& Speech-Language Pathology ~ Boar of Counsetng— Board of Deny - Boar of Funeral Directors & Enbalmors Boars o Lng Tem Care emai Board of Medne - Board! Nursing Boas of Optometry ~ Bos of Phemmsay Board st Pale! Terany Board of Paychaogy Board of Sotel Work Beare of Veemary Modice - Soe of Heath ProfessioneJohn Stuart Mancoll, M.D. ~ NOTICE OF INFORMAL CONFERENCE. ‘Case Number 213726 January 13, 2023 PAGE20F2 ce: Anne Joseph, Adjudication Consultant, Administrative Proceedings Division Lorraine McGehee, Deputy Director, Administrative Proceedings Division Meghan Wingate, Senior Investigator, Division of Enforcement Michael Goodman, Counsel for RespondentBEFORE THE VIRGINIA BOARD OF MEDICINE IN RE: JOHN STUART MANCOLL, M.D. License Number: Issue Date: Expiration Date: Case Number: 0101-054100 May 31, 1996 April 30, 2024 213726 NOTICE OF INFORMAL CONFERENCE, AND STATEMENT OF ALLEGATIONS You are hereby notified that an informal conference has been scheduled before the Board of Medicine (“Board”) regarding your license to practice medicine in the Commonwealth of Virgi [TYPE OF PROCEEDING: __| This is an informal conference before a Special Conference | Committee ("Committee") of the Board. DATE AND TIME: Mareh 16, 2023 — —_ 00 A.M. - _ | PLACE: Virginia Department of Health Professions Perimeter Center - 9960 Mayland Drive | 2 Flot - Virginia Conference Center Henrico, Virginia 23233 LEGAL AUTHORITY AND JURISDICTION: 1. This informal conference is being held pursuant to Virginia Code §§ 2.2-4019 and 54.1- 2400(10). This proceeding will be convened as a public meeting pursuant to Virginia Code § 2.2-3700. 2. At the conclusion of the proceeding, the Committee is authorized to take any of the following actions: Dismiss the case and exonerate you; Reprimand you; Require you to pay a monetary penalty; Place you on probation and/or under terms and conditions; Refer the matter to the Board of Medicine for a formal administrative hearing. ABSENCE OF RESPONDENT AND RESPONDENT'S COUNSEL: If you and/or your legal counsel do not appear at the informal conference, the Committee may proceed to hear this matter in your absence and may take any of the actions outlined above.John Stuart Mancoll, M.D. — NOTICE OF INFORMAL CONFERENCE Case Number 213726 January 13, 2023 Page 2 of 6 RESPONDENT'S LEGAL RIGHTS: You have the following rights: + The right to the information on which the Committee will rely in making its decision; ‘+ The right to be represented by counsel at this proceeding; + The right to subpoena witnesses and/or documents; and + The right to present relevant evidence on your behalf. INFORMAL CONFERENCE MATERIALS: * The informal conference materials (documents) serve as the basis for the allegations against you. The Committee will consider these materials at the informal conference. * These materials have been sent to you via UPS Overnight Mail. * Bring this Notice and the documents with you to the informal conference. FILING DEADLINES: + The deadline for filing any materials you wish to have considered at the informal conference is February 21, 2023. Please submit eight copies. Your documents may not be submitted by facsimile or email. * Submit all correspondence to Jennie F. Wood, Discipline Case Manager, at the Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, Virginia 23233. * Include the case number in all correspondence. REQUEST FOR A CONTINUANCE + Deadline for requesting a continuance: February 3, 2023. + Must be made in writing to Jennifer Deschenes, Deputy Executive Director, at the Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, Virginia 23233, + Will be granted only for good cause shown—NOTICE OF INFORMAL CONFERENCE John Stuart Mancoll, Case Number 213726 January 13, 2023 Page 3 0f6 STATEMENT OF ALLEGATIONS ‘The Board alleges that: 1. Atall times relevant hereto, John Stuart Mancoll, M.D. (“Respondent”), was licensed to practice medicine in the Commonwealth of Virginia. 2, Respondent violated Virginia Code §§ 54.1-2915(A)(2), (3), (10), (13), and (16), 18.2-248, and 18,2-250 in that he diverted controlled substances for his personal and/or unauthorized use. Specifically: & On August 18, 2021, following a traffic stop, local police and Drug Enforcement Agency (“DEA”) personnel conducted a consent search of Respondents vehicle and found a prescription bottle labeled with Respondent's name, dated August 2020, containing 38 tablets of oxycodone 5/325mg (C-ID, 2 tablets of oxycodone 10/325mg, and 2 tablets of Dilaudid (hydromorphone, C-II). Although Respondent had been prescribed oxycodone 10/325mg in April 2021, he did not have prescriptions for oxycodone 5/325mg or Dilaudid. b. By his own admission to an investigator for the Department of Health Professions (“DHP”), Respondent had a practice of requiring his plastic surgery patients to bring their medications, including narcotic pain medications, to his outpatient surgical practice prior to surgical procedures, ostensibly for the purpose of ensuring that patients had all the correct medications and understood the directions for taking them. On at least three occasions, Respondent was witnessed taking medications from patient bottles. Specifically: i, Inan interview with the DHP investigator on October 14, 2021, Patient A reported that in July 2020, she brought a bottle containing her prescribed narcotic pain medication to Respondent's practice, as instructed, prior to a scheduled surgery. There were 50 pills in the prescription bottle. Prior to the surgery, Respondent poured the pills out from Patient A’s prescription bottle. PatientJohn Stuart Mancoll, M.D. — NOTICE OF INFORMAL CONFERENCE Case Number 213726 January 13,2023, Page 4 0f6 ‘A’s husband later told her that he had observed Respondent placing some of the pills into his pocket. ‘When she retuned home after the surgery, Patient A counted the pills in the prescription bottle and found only 47 pills. ii, Patient A further told the DHP investigator that in May 2021, she brought a bottle containing her prescription pain medication into Respondent’s office prior to another scheduled surgery. Again, Respondent poured all of the medications into his hand. Patient A observed Respondent place several of the pills into his pocket as he was returning the pills to the bottle, Patient A later reported this incident and the July 2020 incident to local police. iii, In an interview with a DEA agent in August 2021, Nurse B, a former employee of Respondent, reported that on an unknown date, she observed Respondent interrupt a surgical procedure and leave the operating room. Nurse B subsequently opened the operating room door and observed Respondent sitting at the nurses’ station with a handful of white pills. When he saw Nurse B, Respondent dropped a prescription bottle on the floor behind his chair and attempted to hide his fist behind his back, He told Nurse B that he was “charting.” prescription pills in the pre-operating area, c. Nurse B further reported that on another unknown date, she again observed Respondent interrupt a surgical procedure and leave the operating room, saying that he was going to check on other patients. Nurse B subsequently left the operating room and observed Respondent going through a patient’s medications. 4, Nurse B further reported that on one occasion, suspecting that Respondent was diverting patients’ medications, she counted the oxycodone tablets in a patient’s prescription bottle before a scheduled surgery but told Respondent that she had not had a chance to count the medications. She then witnessed Respondent interrupt the surgery and leave the operating room. She then texted another staffJohn Stuart Mancoll, M.D. - NOTICE OF INFORMAL CONFERENCE Case Number 213726 January 13, 2023, Page 5 of6 member and instructed her to count the medications in the patient's prescription bottle. The staff member informed her that four tablets of oxycodone were missing, ©. By his own admission to the DHP and DEA investigators, Respondent had a practice of accepting unused medications, including Percocet (oxycodone), Norco (hydrocodone), and Valium (diazepam, C-IV) from patients for disposal, despite the fact that he did not possess a DEA registration to do so, Further, Respondent failed to keep an inventory of these medications, On August 18, 2021, during a search of Respondent's office, DEA agents found several prescription bottles labeled with patients’ names and containing tablets of oxycodone and tramadol (C-IV). 3. Respondent violated Virginia Code § 54.1-2915(A)(5) in that on August 24, 2021, he surrendered his DEA registration to prescribe controlled substances during an investigation by the DEA into his illegal possession of controlled substances. 4. Respondent violated Virginia Code § 54.1-2915(A)(3), (13), and (16) of the Code in that he kept prescription bottles containing narcotic medications in his unlocked desk in his office, accessible to other employees of the practice. ‘See Confidential Attachment for the names of the individuals referenced above. Orson 1/18/2023 .D.. a Date! Jenn} De Vir