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“We investigated to the extent that we can investigate without a name,” he said, noting he had spoken with the Faulkner County prosecuting attorney. “He indicated at that time that there were three witnesses involved in the indictment, and two of them he knew for sure were uncomfortable, for whatever reason, with being a witness in front of the medical board. They would not be a witness,” O’Dwyer said. O’Dwyer advised that submitting the criminal affidavits, which contain the allegations told to investigators, could amount to hearsay evidence. The state allows administrative boards to consider hearsay evidence, but O’Dwyer said the board had not allowed similar statements in the past because the defendant’s attorneys cannot cross examine or ask questions. Thursday’s move reduces the suspension to a disciplinary action called a “show cause,” which requires a hearing on a future date. Board members said the show cause would stand until the criminal charges were resolved or until a witness agreed to testify before the board. Patrick Benca, an attorney for Rook, said he would not comment on the board’s decision. Nurses and physician’s assistants dressed in red scrubs along with family members and friends filled the hearing room Thursday in support of Rook.
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