November 30, 2010

Hearing resume in Dr. Maxey case

By Tara Kaprowy
Staff Writer

LAUREL COUNTY, Ky. — After several weeks of hearings, the Kentucky State Board of Medical Licensure continues to assess the conduct of Dr. Jackie Maxey, whose license was restricted amid allegations he performed pelvic exams inappropriately.

The hearings resume today and continue through Wednesday. Hearings are also scheduled for Dec. 6 to 10.

All told, there will be 15 days dedicated to the hearings.

Lloyd Vest, general council for the Kentucky State Board of Medical Licensure, said the hearings are averaging “five to seven witnesses a day.”

After all the testimony has been heard, “it’s submitted to a hearing officer and he has 60 days to issue a recommendation.”

A medical licensure board panel then has 90 days to issue a final order.

The goal of the hearings is to determine “whether the allegations against the complainant are true or not,” Vest said.

Action from the hearings can range from the restriction being lifted to Maxey having his license revoked. Action can also involve a formal reprimand, probation and indefinite suspension.

In March, the board issued an emergency order of restriction against the family practice physician because of complaints by female patients about the number of and way he performed pelvic exams.

The order stems from a complaint from Dr. Marc Brière, a obstetrician/gynecologist who reportedly treated many of Maxey’s patients. Brière named 11 patients who said Maxey performed “an unusually large number of pelvic examinations and Pap smears, up to 20 to 30 a year in some cases,” the order reads.

Shortly thereafter, the Kentucky State Police launched an investigation into the matter at the request of the Laurel County Commonwealth’s Attorney’s Office.

Since, more than 20 plaintiffs have been added to a potential class-action lawsuit against the local physician.

Because of the medical licensure complaint, Maxey has been restricted from performing pelvic, breast or other sensitive examinations without a chaperone present. In cases when a female patient needs to be fully or partially disrobed, Maxey is also required to have a chaperone in the room. His privileges at Saint Joseph-London were suspended pending results of the Kentucky Board of Medical Licensure investigation.

Staff writer Tara Kaprowy can be reached by e-mail at