BEFORE THE VIRGINIA BOARD OF MEDICINE INRE: SHANNON MICHAEL FINCH, M.D. License Number: — 0101-223610 ‘Case Numbers: 189522, 189238 CONSENT ORDER JURISDICTION AND PROCEDURAL HISTORY ‘The Virginia Board of Medicine (“Board”) and Shennon Michael Finch, M.D., as evidenced by their signatures hereto, in lieu of proceeding to a formal administrative proceeding, enter into the following Consent Order affecting Dr. Finch’s license to practice medicine and surgery in the Commonwealth of Virginia. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1, Shannon Michael Finch, M.D., was issued License Number 0101-23610 to practice medicine and surgery on October 15, 1999, which was summarily suspended by Order of the Board, entered October 4, 2018. 2. Dr. Finch violated Virginia Code § 54.1-2915,A(3), (12), (13), (16), (18), and (19) and 18 VAC 85-20-100.A and B of the Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry and Churopractic (“Regulations”) in that, between on or about May 4, 2018 and on or about July 20, 2018, Dr. Finch engaged in sexual contact intended for his sexual arousal or gratification with Patient A, concurrent with and by virtue of the practitioner-patient relationship and/ or, during the course of the practitioner/patient relationship, otherwise engaged in conduct of a sexual nature that a reasonable patient would consider lewd and offensive. Specifically: & On or about May 4, 2018, Patient A presented to Dr. Finch for treatment of chronic pain, degeneration of lumbar intervertebral disc, fibromyalgia, and migraine headaches,‘Shannon Michael Finch, M.D. CONSENT ORDER Page? of 8 including pain from a recent back injury. Under the guise of a physical examination of Patient A’s back, Dr. Finch pushed up the sports bra Patient A was wearing, exposing her breasts. Dr Finch then tumed Patient A so that she was facing him and placed his mouth on her breast, while also guiding her hand to his penis. b. — Onor about June 5, 2018, Patient A again presented to Dr. Finch for a treatment visit. At this time, Dr, Finch unbuttoned and unzipped Patient A's pants, and attempted to remove them, Dr. Finch then placed his hand inside Patient A's underwear and attempted to stimulate her sexually. Dr. Finch moved Patient A so that she was seated in a chair in front of him, unzipped his pants, and moved his penis to her mouth. c At the direction of the Bristol Virginia Police Department (‘BVPD"), Patient A again presented to Dr. Finch for a treatment visit on or about July 20, 2018, with audio and video surveillance equipment provided by BVPD. The surveillance footage shows Dr. Finch pulling down Pationt A's shorts and underwear, touching her bare buttocks, and guiding her hand to his penis, d. In interviews with a Senior Investigator for the Department of Health Professions (“Investigator”) on or about July 30 and 31, 2018, Dr. Finch admitted that he engaged in sexual contact with Patient A during her last three office visits, including touching her buttocks, putting his mouth on her breast, guiding her hand to his penis, and placing his penis in her mouth, as described above. 3. Dr. Finch violated Virginia Code § 54.1-2915.A(3), (12), (13), (16), (18), and (19) and 18 VAC 85-20-100.A and B of the Regulations in that, between in or about March 2015 and in or about June 2016, Dr. Finch engaged in sexual contact intended for his sexual arousal ot gratification with‘Shannon Michael Finch, M.D. CONSENT ORDER Page 3 of 8 Patient B, concurrent with and by virtue of the practitioner-patient relationship and/or, during the course of the practitioner/patient relationship otherwise engaged in conduct of a sexual nature that @ reasonable patient would consider lewd and offensive. Specifically: a. During a regular office visit, Dr. Finch asked to “look at” Patient B's breasts. Assuming that Dr. Finch intended to perform a breast examination, Patient B lifted her shirt and unhooked her bra. Rather than perform a clinical examination, Dr. Finch began caressing Patient B's breasts with both hands, Patient B immediately requested that Dr. Finch stop, which he did. b. Subsequently, Dr. Finch would ask to “feel” Patient B's breasts at some office visits, which she declined. Dr. Finch regularly made comments about her breast implants looking nice and told her that she was pretty. On another occasion, ostensibly while conducting an examination of Patient B’s back, Dr. Finch rubbed Patient B's buttocks. ©. Approximately three to four months after the events described in paragraph 3(2), supra, Patient B again presented to Dr, Finch’s office for a routine medical appointment, When Dr. Finch entered the examination room, Patient B was seated in a chair and Dr. Finch sat in front of a computer and began asking questions about Patient B's health. Dr. Finch stood and approached Patient B with his penis exposed. Before Patient B could react, Dr. Finch moved his penis to Patient B’s mouth. An employee of Dr. Finch’s practice then knocked on, and opened, the door to the examination room, Dr. Finch attempted to replace his clothing and retum to his seat,