This story has been updated.
Former West Linn doctor David Farley, who is now the subject of a lawsuit alleging repeated sexual assault of four patients, earlier this year admitted to the Oregon Medical Board that he photographed the breasts and genitalia of multiple underage girls for a study on puberty, but could not provide proof of the consent he said he recieved from the girls' guardians.
The West Linn Police Department announced Oct. 28 that it was investigating the allegations against Farley. According to West Linn Public Information Officer Jeff Halverson, WLPD has been looking into Farley "for a while."
Halverson said Farley had not been arrested or charged with any crimes. With the investigation ongoing, he also said WLPD would not be providing any more information at this time, but said anyone with information about possible inappropriate conduct by Farley can contact the detective leading the investigation at 503-742-6134.
Earlier this year, the Oregon Medical Board determined that treatment provided by Farley, who relocated to St. Anthony, Idaho, following his sudden retirement from West Linn Family Health Center in August, constituted sexual misconduct and repeated negligence.
A stipulated order from the board outlined troubling descriptions of Farley's care of multiple underage girls.
According to the stipulated order, Farley admitted to photographing the breasts and genitals of five girls under 18 with his personal cell phone for "an educational exercise to document sexual development."
Farley reportedly told the board he obtained written consent from each girl and their guardians for the photographs, but said he shredded all consent forms and records related to the study. He also said he deleted all the photographs from his phone.
A blank consent form obtained by the board stated that that "photos and videos obtained by Licensee (Farley) become Licensee's property and may be used for educational purposes as determined by Licensee."
According to the board, Farley's solicitation of these patients for the study, as well as using his personal cell phone to photograph the patients and his deletion of the records regarding the study, all violated the American Medical Association's Code of Ethics.
The stipulated final order stated Farley's actions constituted "unprofessional or dishonorable conduct, including sexual misconduct, and is grossly negligent."
The board also found that Farley failed to establish a reasonable need for the study, and ensure his research protocol was scientifically sound and met the requirements for studies with human participants. He did this knowing that informed consent can never be used to justify an unethical study design, according to the board.
The stipulated order also addressed Farley's treatment of three other underage female patients.
The board wrote he, "exposed these patients to the risk of harm by having these patients, who were all under the age of 21, undergo Pap smears and unnecessary and recurring pelvic and breast examinations, and by conducting these examinations without the presence of a medically trained chaperone."
The lawsuit against Farley also alleged that the West Linn Family Health Clinic, Willamette Falls Medical Center in Oregon City and Legacy Meridian Park Hospital in Tualatin failed to protect patients by neglecting to adequately address previous allegations of sexual misconduct by Farley.
The lawsuit was filed in Multnomah County Court because one of the defendants (Legacy) is primarily based in Multnomah and Multnomah County's court has more resources to deal with such cases than Clackamas County, according to attorney Tom D'Amore, who, along with John Manly, is representing the victims.
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