State Knew Doctor David Livingston Was A Violent Sex Offender

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State Knew Doc Was Violent Sex Offender
Charges Pending Against David Livingston's Medical License
Reported by Sara Dorsey
POSTED: 1:32 pm CST January 26, 2010


NASHVILLE, Tenn. -- The state of Tennessee gave a medical license to a known violent sex offender because state law doesn't necessarily prohibit a sex offender from practicing medicine.

Channel 4 News is protecting a concerned parent's identity because the mother made a shocking discovery after she took her sick 8-year-old daughter to see their doctor.

"I'm outraged. I'm really confused," she said. "Well, first, I got a hunch from him, just a mom hunch. I just really didn't get a good vibe from him."

That hunch took her to the Tennessee Bureau of Investigation sex offender database, and up popped her family practice doctor, Dr. David Livingston.

According to criminal records and charges filed by the Board of Medical Examiners, Livingston has a pending criminal case, and the board is currently moving to suspend or revoke his medical license.

A police report shows that in 1987, while a medical resident in OB/GYN in New York, Livingston was indicted on first-degree rape, sodomy and sexual abuse charges after at least a six-year sexual relationship with his 15-year-old stepdaughter.

Livingston pleaded guilty to a lesser charge of sexual misconduct -- a misdemeanor.

"Why, if he's on a sex offender list for violating children, how he could be practicing medicine, seeing children?" said the parent.

Other states didn't think Livingston should be practicing. By his own statement in his license file, he was denied licenses in both Connecticut and Massachusetts. But Tennessee gave him one, knowing he was a sex offender, because state law doesn't necessarily prohibit a sex offender from practicing medicine. The state then renewed his license even after the TBI listed him as a violent sex offender.

That classification requires Livingston to re-register as a sex offender four times a year for life.

There's a section on the Department of Health's Web site where medical license information includes criminal offenses.

The Tennessee Board of Medical Examiners wouldn't discuss Livingston because of the charges pending against his license. The board did tell Channel 4 that only felony information stays on the medical license file permanently; misdemeanors drop off after 10 years. In Livingston's case, even though his crimes earned him a listing as a violent sex offender, his 1987 conviction was a misdemeanor.

"The people who are there to protect the doctors and protect us are allowing this to happen, and something needs to change," the parent said.

There are no accusations that Livingston acted inappropriately with any patients in Tennessee; in fact, there are letters in from other Tennessee doctors stating that Livingston interacted with female patients in a "very appropriate and professional manner."

Sen. Diane Black is a key lawmaker in toughening state sex offender laws.

"I think when we know someone has offended and it's clear they have to register for the sex offender registry, that information is something that should be provided when they look for a health care provider," said Black.

Livingston got a license in 1992. The board said that was before it was legally able to require background checks and before the state's sex offender registry existed.

But after reviewing his medical license file, the Channel 4 I-Team learned the board had full knowledge of Livingston's crime. His file includes everything from detailed police reports of the sexual abuse to Livingston's own application statement that he'd been in trouble and had been denied licenses in other states.

"What comes to mind is how many doctors and nurses are out there that the medical licensing board is allowing to practice medicine knowing they are sex offenders," said the parent.

That's a question the board couldn't answer. The I-Team found five other doctors on the sex offender registry. In those five cases, the state revoked the doctors' medical licenses.

But in Livingston's cases, he kept working, and the trouble kept coming

Documents filed by the medical board itself said that when Livingston moved to Tennessee, he failed to register as a sex offender until law enforcement contacted him.

Then, according to the medical board charges, from 2006 to 2008, he worked for family medical centers in Hermitage and never notified his bosses of his sex offender status. Once his bosses found out, he didn't comply with their order to have a chaperone when he consulted with female patients, and he was fired.

Then, in February 2009, police arrested Livingston after he set up private practice well within the 1,000-foot limit of a day care.

"It seems like we should be acting on this immediately to keep him from being close to children, those who are most vulnerable," said Black. "I'm very concerned we have not acted and reacted appropriately on this."

Livingston's license is still valid. The hearing over disciplining his license was supposed to take place last July but has been postponed at least twice. It's now scheduled for March.

Livingston and his attorney didn't respond to Channel 4's request for an interview

Livingston is expected in court Thursday on charges of violating the sex offender registry.

What the hell?????? It's to the point where you need to think twice before going to the doctor, or do a background check first!!

As a registered sex offender is required to not LIVE within 2000 ft of a school or daycare center. That law does not specify a business address. I agree with Wrap. This is . I will be sticking with the Dr I know for Katie. If that should ever change after reading this I will check the sex offender site. This is just unbelievable.

this is sickening!!! you just cannot trust ANYONE any more! what is this world coming too?!