A Utah cosmetic surgeon accused of performing “numerous” breast lifts and augmentations that resulted in “infections, necrosis, misconfiguration and/or significant scarring” entered into a disciplinary agreement with the Utah Division of Professional Licensing this week.
As part of the agreement, Dr. Christopher Kelly’s licenses – both to practice as a surgeon and to administer and prescribe controlled substances – will be put on probation for five years. He’ll also be required to undergo a mental health evaluation and complete an ethics course, among other requirements.
“I wish they could do more,” said Roiann Marrelli, a Saratoga Springs resident who faced severe complications after her breast augmentation with Kelly in 2021. “But I’m grateful that they’re doing something about it.”
Kelly has faced previous actions against his license in Utah, Washington and Michigan. He’s also been sued by five of his former patients for medical malpractice. Three of those lawsuits are ongoing, while two – including one filed by Marrelli – have settled, court documents show.
Under the disciplinary document he signed with the Utah Division of Professional Licensing, or DOPL, this week, Kelly has agreed not to perform any surgery without supervision unless he becomes board certified in the operation and is credentialed in a hospital. Until that point, he will be allowed to perform surgeries only under direct supervision and as part of a training program to become board eligible.
As the popularity of plastic surgery has risen in Utah and beyond, board certification has become an increasingly important metric for patients looking to vet their cosmetic surgeons.
Most experts recommend patients choose a doctor who’s been certified by the American Board of Plastic Surgery — a stamp of approval that means the provider has received a minimum of three years’ training in the field. Certified physicians also agree to complete ongoing continuing education requirements and to follow the board’s code of ethics.
While some people think their doctor has to be board certified to do plastic surgery, that isn’t the case. In Utah, cosmetic surgeries could be performed by providers trained as gynecologists, general surgeons or family practitioners — so long as they had some form of general surgery or plastic surgery rotation in their training, according to DOPL.
Kelly’s application for licensure in Utah says he took the written test for board certification with the American Board of Plastic Surgery in 2010, according to a copy of the document obtained through an open records request. A representative from the board told FOX 13 News previously that she could not release confidential exam results or confirm why someone did not ultimately become certified.
Mark Steinagel with the Utah Division of Professional Licensing urges members of the public to do their research before choosing a medical provider:
‘A chance to rehabilitate’
The investigation into Kelly was spurred by several complaints about the doctor received by DOPL from late 2021 to the end of 2022, according to a copy of the agreement Kelly signed this week. The division ultimately determined Kelly had engaged in “unprofessional conduct” under Utah law.
The division’s investigation found a pattern of complications among Kelly’s patients after he performed their breast augmentations and other forms of cosmetic surgery. It found, too, that Kelly failed to keep adequate records, including “missing operative notes.”
The doctor also improperly prescribed opioids to one patient “on multiple occasions and for an extended period of time without checking the Controlled Substances Database” as required, according to the investigation. And the division said it believed there was evidence in other instances that Kelly had prescribed controlled substances to people he didn’t have a formal medical relationship with.
FOX 13 News reached out to Kelly’s attorney for additional comment on this story. He said in an email that “Dr. Kelly has been advised to not comment by the Division” of Professional Licensing.
Marrelli said she was glad to see the state take action against Kelly. But she told FOX 13 News in an interview last fall that she hoped to see a permanent revocation of his license, rather than probation.
“I think that it’s something that does need to be an indefinite thing,” she argued. “Because I feel like you’re just giving them the opportunity to start doing this all over again. If it didn’t change now, what’s going to change in a couple years?”
Marrelli is not one of the nine patients whose cases were included in the division’s original complaint against Kelly, but her experience mirrors those included as part of the division’s investigation.
She alleged in her lawsuit – which settled out of court for an undisclosed amount and with no admission of liability from Kelly – that her surgery led to an infection that opened gaping wounds in her chest and turned her breasts black from necrosis.
“I just cried all the time, because it was the most excruciating pain I’ve ever felt in my life,” she said in a previous interview, noting that her wounds were open for about six months.
While Marrelli hoped to see a harsher punishment, Mark Steinagel, DOPL’s director, said it’s more common in these types of cases for the agency to put a provider’s license on probation.
“Where appropriate and when the public can be protected, we want to give people a chance to rehabilitate,” he said. “We shouldn’t do that if they can’t. But if they can, we should give them a chance.”
Kelly was originally scheduled to defend himself before the state’s medical licensing board during a four-day hearing this week but entered into an agreement with the state instead.
That’s fairly common, according to Steinagel, who said most licensees end up settling with the state before a case goes to a hearing.
"People don’t like going to a hearing if our evidence is strong,” he said. “And usually if we’re getting to the point of filing a petition, it’s because we and our attorney general representative believe the evidence is strong.”
Kelly’s disciplinary agreement with the state began immediately after he signed it, and his license could face further limitations or revocation if he fails to meet any of its conditions.
Read more of our coverage of Utah’s plastic surgery industry here:
- As plastic surgery booms, experts urge patients to use caution
- Utah cosmetic surgeon sued for medical malpractice may lose license as new allegations surface
- Here’s how experts say you can vet your plastic surgeon
- Utah teens among thousands of adolescents seeking plastic surgery nationwide each year
- Utah cosmetic surgeon has faced multiple malpractice lawsuits from patients