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Charges unlikely for Phx. doc who photographed patient's tattooed penis Arizona surgeon who took pics of patient's tattooed genitals is no longer with Mayo Clinic

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PHOENIX — Prosecutors are unlikely to file charges against a former Mayo Clinic surgeon who took a picture of a patient's tattooed penis.

Dr. Adam Hansen could have been prosecuted for violating the patient's rights under federal laws that safeguard a patient's privacy.

The U.S. Attorney's Office enforces the federal Health Insurance Portability and Accountability Act that protects patients' privacy rights.

HIPAA violations are misdemeanors, and no one in Arizona has been prosecuted under the four-year-old statute, said Sandra Raynor, a spokeswoman for the U.S. Attorney's Office in Phoenix.

"HIPAA is not even the point," said Chic Older, executive director of the Arizona Medical Association. "Many ethical boundaries (relating to patient privacy) were crossed."

Older thinks Hansen should have been disciplined.

Older acknowleged that the doctor did not do physical harm to the patient. "He just made a stupid error in judgment," Older said, adding that Hansen is paying a high price.

Hansen could be brought before the Arizona Medical Board for unprofessional conduct, Older said.

Board spokesman Roger Downey said he does not know whether anyone filed a complaint against Hansen.

The licensing board has a range of disciplinary options, including sending a letter to a doctor "to change his practice." License revocation, Downey said, is for very serious infractions.

Last Friday, Mayo Clinic announced that Hansen was no longer practicing at the clinic but would not say whether he resigned or was fired.

Hansen acknowledged to Mayo administrators that he snapped the picture of the patient's penis, which is tattooed with the words "Hot Rod," the clinic said.

The picture was taken Dec. 11 before gallbladder surgery, the clinic said.

After Hansen told him of the picture, patient Sean Dubowik, 37, said he "felt betrayed, violated and disgusted."