REPRESENTATIVE SCOTT DESJARLAIS Representative Scott DesJarlais (R-TN) is a two-term member of Congress, representing Tennessees 4th congressional district.

Rep. DesJarlais also is a licensed physician, and his ethics issues stem from two affairs he conducted with patients and his later efforts to cover up his misconduct. Unlawful Affairs with Patients Rep. DesJarlais has been a licensed physician in Tennessee since 1993. 1 In and around 2000, while married to Susan DesJarlais, Rep. DesJarlais engaged in a sexual relationship with a patient. 2 The initial news reports revealing Rep. DesJarlais relationship with the patient quoted extensively from a transcript of a telephone call, which Rep. DesJarlais recorded, between Rep. DesJarlais and the woman. 3 During the call, Rep. DesJarlais and the patient discussed her apparent pregnancy, and Rep. DesJarlais urged her to get an abortion. 4 Rep. DesJarlais responded to the news reports less than a month before he stood for reelection in 2012. 5 In an open letter posted on his campaigns Facebook page, Rep. DesJarlais asserted he had not recorded the telephone conversation with his patient, claiming: The media wrongly reported that I recorded the conversation myself. I was recorded unknowingly and without my consent. 6 This claim is directly contradicted, however, by Rep. DesJarlais sworn testimony in his 2001 divorce. 7 During that proceeding, Rep. DesJarlais testified under oath that he and his wife recorded the phone conversation to find out whether the girl was telling the truth or not. 8 Rep. DesJarlais also engaged in an inappropriate sexual relationship with another patient, prescribed pain-killers for her during the course of their sexual relationship, maintained sexual relationships with at least three co-workers and a pharmaceutical sales representative, and urged
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Tennessee Department of Health: Licensure Verification, Licensee Lookup, Scott DesJarlais, available at http://health.state.tn.us/licensure/default.aspx. 2 Chas Sisk, Rep. Scott DesJarlais Urged Woman to Have an Abortion, Transcript Says, Tennessean, October 11, 2012; Chris Carroll and Kate Harrison, Scott DesJarlais Supported Ex-Wifes Abortions, Slept with Patients, Divorce Transcript Shows, Chattanooga Times Free Press, November 15, 2012. 3 Michael McAuliff, Scott DesJarlais, Pro-Life Republican Congressman and Doctor, Pressured Mistress Patient to Get Abortion, Huffington Post, October 10, 2012. 4 Id.; Sisk, Tennessean, Oct. 11, 2012. 5 Andy Sher, No Pregnancy and No Abortion, Scott DesJarlais Says, Chattanooga Times Free Press, October 12, 2012. 6 Scott DesJarlais, Open Letter to My Supporters, October 12, 2012. 7 Carroll and Harrison, Chattanooga Times Free Press, Nov. 15, 2012. 8 Id.; Erik Schelzig, Tenn. GOP Congressmans Ex-Wife Had 2 Abortions, Associated Press, November 16, 2012; James Harrison, Rep. Scott DesJarlais Quiet as Records Contradict Recent Comments, Nooga.com, November 16, 2012.

his then-wife to have two abortions. 9 The second patient with whom Rep. DesJarlais had a relationship reported she met him when she was his patient in the mid-1990s and began dating him about five years later. 10 She explained she recalled feeling strange about a general practitioner who encouraged her to call him at home. Eventually he phoned her and invited her over. 11 Further, the woman said Rep. DesJarlais had prescribed pain medication for her on dates at his home. 12 Although she retained Rep. DesJarlais as her doctor for some time after the affair ended, she eventually found another doctor because he persistently tried to rekindle their relationship. 13 It was not until after the 2012 election that Rep. DesJarlais sworn testimony in which he admitted recording the call with the first patient was made public. 14 Rep. DesJarlais then retreated from his earlier statements that he had not participated in recording the conversation, claiming he had made a mistake and had commented to the press before he had the opportunity to go back and read the transcript of his testimony. 15 Rep. DesJarlais also claimed and continues to claim the woman recorded on the call was never pregnant and did not have an abortion. In the open letter posted on Facebook and in comments to the media, Rep. DesJarlais claimed there was never any pregnancy and there was no abortion. 16 This is contradicted by the womans testimony in the divorce case where she asserted under oath that, indeed, she had been pregnant. 17 The patient refused to answer questions about the outcome of the pregnancy, but said she didnt have a child by Rep. DesJarlais even though she was pretty much sure he was the father. 18 Despite this sworn testimony, Rep. DesJarlais continued to insist he had not impregnated the woman. 19 She was not pregnant by me, he said in November 2012. 20 I dont think she was pregnant period. 21 Status of Investigation In October 2012, CREW filed two complaints with the Tennessee Board of Medical Examiners against Rep. DesJarlais regarding his misconduct. 22 On May 23, 2013, the Board approved a consent order reached with Rep. DesJarlais. 23 The order stipulates that while a
Schelzig, Associated Press, Nov. 16, 2012; Carroll and Harrison, Chattanooga Times Free Press, Nov. 15, 2012. Chris Carroll, 2nd Scott DesJarlais Girlfriend Talks, Chattanooga Times Free Press, October 28, 2012. 11 Id. 12 Id. 13 Id. 14 Schelzig, Associated Press, Nov. 16, 2012. 15 Michael Collins, DesJarlais: Regret Past Actions, No Plans to Resign, Knoxville News, November 22, 2012. 16 DesJarlais, Open Letter to My Supporters, Oct. 12, 2010; Erik Schelzig and Lucas L. Johnson II, Congressman: Mistress Wasnt Pregnant, No Abortion, Associated Press, October 12, 2012. 17 Carroll and Harrison, Chattanooga Times Free Press, Nov. 15, 2012. 18 Id.; Harrison, Nooga.com, Nov. 16, 2012. 19 Collins, Knoxville News, Nov. 22, 2012. 20 Id. 21 Id. 22 Tennessee Board of Medical Examiners Complaint filed by CREW, October 12, 2012, available at http://www.citizensforethics.org/page/-/PDFs/Legal/Investigation/10_15_12_DesJarlais_Complaint.pdf?nocdn=1; Tennessee Board of Medical Examiners Complaint filed by CREW, October 31, 2012, available at http://www.citizensforethics.org/page/-/PDFs/Legal/Letters/10-31-12_DesJarlais-Second-Complaint.pdf?nocdn=1. 23 In the Matter of Scott DesJarlais, M.D., Board of Medical Examiners, State of Tennessee, Case Nos. 2012022411, 2012020671, 2012026471 (May 23, 2013).
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licensed physician, Rep. DesJarlais had sexual relationships with two female patients in the first six months of 2000. 24 The Board therefore found Rep. DesJarlais had engaged in unprofessional conduct in violation of section 63-6-214(b)(1) of the Tennessee Code. 25 Rep. DesJarlais was reprimanded and agreed to pay a fine of $250 for each patient as well as a maximum of $1,000 in costs. 26 Potential Violations Violations of the Tennessee Medical Practice Act According to the Tennessee State Board of Medical Examiners Sexual Misconduct Statement and Policy, [i]t is the physicians responsibility to maintain the boundaries of the professional relationship by avoiding and refraining from sexual contact with patients. 27 Therefore, sexual contact with a patient is misconduct and is considered to be a violation of T.C.A. Section 63-6-214(b)(1). 28 Whether Rep. DesJarlais or his patient initiated the sexual contact is immaterial as a patients consent to, initiation of or participation in sexual behavior or involvement with a physician does not change the nature of the conduct nor lift the statutory prohibition. 29 Upon a finding that a physician has committed unprofessional conduct by engaging in sexual misconduct, the Board of Medical Examiners will impose such discipline as the Board deems necessary to protect the public. 30 As the consent order he signed stipulates, Rep. DesJarlais had sexual relationships with two female patients in early 2000, and he was reprimanded by the Board and agreed to pay a fine and costs. Conduct Not Reflecting Creditably on the House House Rule 23 requires all members of the House to conduct themselves at all times in a manner that reflects creditably on the House. 31 This ethics standard is considered to be the most comprehensive provision of the code. 32 When this section was first adopted, the Select Committee on Standards of Official Conduct noted it was included within the Code to deal with flagrant violations of the law that reflect on Congress as a whole, which might otherwise go unpunished. 33 This rule has been relied on by the committee in numerous prior cases in which the committee found unethical conduct including: the failure to report campaign contributions, 34 making false statements to the committee, 35 criminal convictions for bribery, 36 accepting illegal
Id. at 2. Id. at 3. 26 Id. at 3-4. 27 Tennessee State Board of Medical Examiners, Sexual Misconduct Statement and Policy. 28 Id. 29 Id. 30 Id. 31 Rule 23, cl. 1. 32 House Ethics Manual, at 12. 33 House Comm. on Standards of Official Conduct, Report Under the Authority of H. Res. 418, H. Rep. No. 1176, 90th Cong., 2d Sess. 17 (1968). 34 House Comm. on Standards of Official Conduct, In the Matter of Representative John J. McFall, H. Rep. No. 951742, 95th Cong., 2d Sess. 2-3 (1978) (Count 1); In the Matter of Representative Edward R. Roybal, H. Rep. No. 95-1743, 95th Cong., 2d Sess. 2-3 (1978). 35 House Comm. on Standards of Official Conduct, In the Matter of Representative Charles H. Wilson (of
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gratuities, 37 and accepting gifts from persons with interest in legislation in violation of the gift rule. 38 The inappropriate relationships in which Rep. DesJarlais engaged with patients took place several years before he was elected to Congress and, therefore, were not within the jurisdiction of the House. During his re-election campaign, however, while serving as a member of Congress, Rep. DesJarlais made numerous untrue statements about this past conduct. By lying to the public about his role in taping a telephone conversation with a patient with whom he had a sexual relationship, Rep. DesJarlais acted in manner that does not reflect creditably on the House. Additionally, if, as it appears, Rep. DesJarlais falsely claimed one of the patients with whom he was involved was never pregnant and did not have an abortion, his conduct does not reflect creditably on the House.

California), H. Rep. No. 95-1741, 95th Cong., 2d Sess. 4-5 (1978); H. Rep. No. 95-1743 (Counts 3-4). 36 House Comm. on Standards of Official Conduct, In the Matter of Representative Michael J. Myers, H. Rep. No. 96-1387, 96th Cong., 2d Sess. 2, 5 (1980); see 126 Cong. Rec. 28953-78 (Oct. 2, 1980) (debate and vote of expulsion); In the Matter of Representative John W. Jenrette, Jr., H. Rep. No. 96-1537, 96th Cong., 2d Sess. 4 (1980) (member resigned); In the Matter of Representative Raymond F. Lederer, H. Rep. No. 97-110, 97th Cong., 1st Sess. 4, 16-17 (1981) (member resigned after Committee recommended expulsion). In another case, the Committee issued a Statement of Alleged Violation concerning bribery and perjury, but took no further action when the member resigned (In the Matter of Representative Daniel J. Flood, H. Rep. No. 96-856, 96th Cong., 2d Sess. 416, 125-126 (1980)). 37 House Comm. on Standards of Official Conduct, In the Matter of Representative Mario Biaggi, H. Rep. No. 100506, 100th Cong., 2d Sess. 7, 9 (1988) (member resigned while expulsion resolution was pending). 38 House Comm. on Standards of Official Conduct, In the Matter of Representative Charles H. Wilson (of California), H. Rep. No. 96-930, 96th Cong. 2d Sess. 4-5 (1980); see 126 Cong. Rec. 13801-20 (June 10, 1980) (debate and vote of censure).