Doctor cleared to practice
By Debra Barayuga
despite incident with girl
Star-BulletinA Honolulu doctor who pleaded guilty to sexual contact with an 8-year-old girl will be allowed to continue practicing medicine, provided another adult is always present when he treats patients who are minors.
Circuit Judge Victoria Marks issued that decision while denying a state motion to revoke probation for Dr. Wesley Young and resentence him to a new probationary term.
However, while Marks did not restrict him from practicing medicine, the state could still revoke his license.
The state's Regulated Industries Complaints Office, the investigative arm of Hawaii's medical board, is investigating a complaint filed this year against Young for professional misconduct.
JoAnn Uchida, RICO complaints and enforcement officer, said Young's case is pending and to comment on the highly confidential nature of the allegations would be inappropriate.
The state sought the revocation after Young's probation officer recently reported the physician had treated minors, and had gone to his home while the victim was at a sleepover there.
Young's attorney, Howard Luke, who opposed the state's motion, sought to clarify the terms and conditions of probation, saying they were ambiguous. One of the conditions requires Young to contact his probation officer each time he comes into contact with the victim or other minors.
Luke said he didn't believe it was necessary to revoke Young's probation, saying his client has been in full compliance and that the court intended for him to practice medicine without restriction. Young, a trained emergency room physician, practices adult medicine, but Luke declined to say where.
Deputy prosecutor Renee Sonobe Hong argued that Young, who was sentenced a year ago to five years' probation after pleading guilty under an agreement, should have known better.
She said his actions put him and the girl in the exact same situation in which the offense occurred, equating that to putting an alcoholic back in a bar.
"Dr. Young is a smart man and he knew full well he was not supposed to have contact with the victim," Hong said. "He went into this with his eyes open."
Hong said Young should not be treating minor patients at all and that the public has cause to worry.
But Luke said the judge made a "responsible, informed decision that Young presents a danger to no one," a conclusion unanimously reached by doctors who are treating him.
Marks said she didn't find it necessary for Young to notify every minor patient he treats of his offense, provided another adult is present.
She praised Young for taking responsibility for his conduct but, to avoid confusion over the court's orders, told him to comply with whatever his probation officer tells him.
