STATE OF WASHINGTON DEPARTMENT OF HEALTH Olympia, Washington 98504 RE: Jason L. Davis, MD Master Case No.: M2011-1653 Document Statement of Allegations Regarding your request for information about the above-named practitioner; attached is a true and correct copy of the document on file with the State of Washington Department of Health, Adjudicative Clerk Office. These records are considered Certified by the Department of Health. Certain information may have been withheld pursuant to Washington state laws. While those laws require that most records be disclosed on request, they also state that certain information should not be disclosed. The following information has been withheld: NONE Ifyou have any questions or need additional information regarding the information that was withheld, please contact: Customer Service Center P.O, Box 47865 Olympia, WA 98504-7865 Phone: (360) 236-4700 Fax: (360) 586-2171 You may appeal the decision to withhold any information by writing to the Privacy Officer, Department of Health, P.O. Box 47890, Olympia, WA 98504-7890STATE OF WASHINGTON DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE COMMISSION In the Matter of the License to Practice as a Physician and Surgeon of. No. M2011-1653 JASON L. DAVIS, MD License No. MD00046375 STATEMENT OF ALLEGATIONS AND SUMMARY OF EVIDENCE Respondent The Disciplinary Manager of the Medical Quality Assurance Commission (Commission), on designation by the Commission, makes the allegations below, which are supported by evidence contained in Commission file number 2011-152843. 4, ALLEGATIONS 1.1 On April 24, 2006, the state of Washington issued Respondent a license to. practice as a physician and surgeon. Respondent's license is currently active. Respondent is a board-certified cardiologist. 4.2. Respondent is a Major in the US Amy. Respondent has served as a cardiologist at Madigan Army Medical Center (Madigan) since completing six years of medical training at Brooke Army Medical Center at Fort Sam Houston in 2004 1.3 Respondent became Madigan’s Chief of Cardiology in ‘ate 2008. 1.4 Respondent was one of only two cardiac surgeons at Madigan who controlled whether a patient would be recommended for an implantable cardiac pacemaker or defibrillator and which manufacturer's device would be selected for a Madigan patient. 4.5 _ Inviolation of federal law and Army regulations, Respondent accepted a salary, meals, wine, alcohol, travel, and entertainment from a wholly-owned subsidiary of Boston Scientific, a manufacturer of cardiac rhythm management devices. Specifically, Respondent was paid an illegal salary by Boston Scientific to conduct training during surgery that Respondent performed as part of his official duties as an Army cardiologist. " W ‘STATEMENT OF ALLEGATIONS AND SUMMARY OF EVIDENCE PAGE 1 OF 4 NO. M2011-1653 ORIGINAL Son=Aev 2071.8 _ In response to allegations concerning Respondent, the Department of Defense and US Army initiated an investigation of Boston Scientific. In October 2010, Boston Scientific’s subsidiary reached a settlement with the US Attomey in which the company agreed to pay the United States $600,000. The settlement agreement was premised on the US Attomey's allegations that Boston Scientific’s subsidiary had provided gratuities and payments to Respondent “for or because of official acts that [the company} hoped [Respondent] would perform or had performed relating to [Madigan’s] purchase of [the company's] products.” 1.7 On January 10, 2011, in the US District Court for the Wester District of Washington the US Attorney charged that Respondent: “was an officer ... of the United States Government; ... that he received a salary, contribution to his salary, or ‘supplementation to his salary as compensation for his services; and ... that the contribution, supplementation, or additional payment came from a source other than the United States.” 1.8 On January 12, 2011, Respondent pled guilty to the federal equivalent of a gross misdemeanor for having accepted the illegal salary from Boston Scientific. As part of that agreement the United States agreed “not to prosecute all of the criminal charges the evidence establishe[d] were committed by" Respondent. Respondent was sentenced on October 7, 2014 2, SUMMARY OF EVIDENCE 2.1 Respondent's Plea Agreement with the US Attorney (USA v. Davis, CR11- 5039JRC). 2.2 The US Attomey’s Sentencing Memorandum conceming Respondent 2.3. Transcript of an excerpt from Respondent's sentencing hearing, provided to the Commission by the Respondent. 2.4 — Respondent's statement to the Commission, dated February 14, 2011 2.5 Commission file number 2011-152843. 3. ALLEGED VIOLATIONS 3.1 The facts alleged in Section 1, if proven, would constitute unprofessional conduct in violation of RCW 18.130.180(1), (7), and (17) which provide in part: ‘STATEMENT OF ALLEGATIONS AND SUMMARY OF EVIDENCE. PAGE 2 OF 4 NO. M2011-1653 ‘808-REV 207