Texas Medical Board Bulletin
Spring
2005 Issue, Vol. 2, No. 2
Governor
Names Dr. Kalafut Board President
Governor
Rick Perry has named Roberta M. Kalafut, D.O., as president of the Board.
Dr. Kalafut, of Abilene,
earned her medical degree from Ohio University College of Osteopathic Medicine
and completed her residency in physical medicine and rehabilitation at Johns
Hopkins Hospital and Sinai Hospital of Baltimore, Maryland. She maintains a
private practice in physical medicine and rehabilitation in Abilene. She is a
national examiner for the American Board of Physical Medicine and
Rehabilitation, and is board-certified in Pain Medicine and Physical Medicine
and Rehabilitation. She joined the Board in January, 2002. Dr. Kalafut takes
over from Lee S. Anderson, M.D., who has served on the Board since 1997 and as
president since 2000. His decision to step down after five years as president
was based on his desire to turn the reins over to someone else after a period
of tremendous growth and change for the Board and the agency. He will continue
to serve on the Board.
The
board also elected officers at its June 2-3 board meeting. They are Vice
President Larry Price, D.O., of Temple, who was re-elected, and Eddie Miles
Jr., a public member from San Antonio, who was elected secretary-treasurer of
the Board.
Dr.
Price is a cardiac electrophysiologist employed by Texas Cardiac Arrhythmia, a
division of Texas Cardiovascular Consultants based in Austin. He is an
assistant professor at Texas A&M University Health Science Center College
of Medicine and was Chief of the Section of Cardiac Electrophysiology at Scott
& White Clinic in Temple for 18 years. He is board certified in Internal
Medicine, Cardiology, Critical Care Medicine and Cardiac Electrophysiology. He
earned his medical degree from the University of North Texas Health Science
Center in Fort Worth. He has served on the board since 1997.
Mr.
Miles, who also joined the board in 1997, is the Director of Community Projects
for the Bexar County District Attorney’s Office, as well as a part-time faculty
member of San Antonio College, Palo Alto College and St. Philip’s College. He
earned a bachelor’s degree from North Carolina A&T State University and
master’s degrees from Troy State University, the University of Oklahoma and
Phillip’s University. He is a former Mayor Pro Tem of Live Oak, and he serves
on the Board of Trustees of the United Way and as a member of the Greater San
Antonio Crime Prevention Commission. He is past president of the Academy
Advisory Corporate Council of the Academy of Creative Education, an alternative
high school for the North East Independent School District. He was appointed by
Governor Perry to the executive committee of the Office of Patient Protection.
The
Texas State Senate recently confirmed eight board members. They are Dr.
Anderson, a Fort Worth ophthalmologist; Christine Canterbury, M.D., an OB/GYN
from Corpus Christi; Melinda S. Fredricks, a public member from Conroe; Keith
E. Miller, M.D., a family practice physician from Center; Amanullah Khan, M.D.,
an oncologist from Dallas; Dr. Price; Annette P. Raggette, a public member from
Austin; and Timothy J. Turner, a public member from Houston .
TMB Sunset Bill Passes; Includes Name Change
The
Texas State Board of Medical Examiners will become the Texas Medical Board
effective September 1, one of the statutory changes included in the agency’s
sunset legislation, Senate Bill 419. “Examiners” will also be dropped from the
name of the Physician Assistant Board.
The legislation is the result
of an extensive two-year sunset review of the Medical Board, Physician
Assistant Board, Acupuncture Board and Surgical Assistants statutes and
operations. The 111-page bill officially continues the operations of all the
boards. Most provisions of the bill are minor adjustments to clarify existing
statutes, such as the expert physician panel review process created last
session.
Among
the most significant licensure provisions of the bill is the creation of three
new types medical license:
·
An
institutional license for eminent physicians;
·
A
faculty temporary license;
·
A
limited license for administrative medicine.
Applicants
for PA and Acupuncture licenses will now be required to pass a jurisprudence
examination.
Over
the next six months, the agency will be developing rules to implement
provisions of the bill and will be developing a new process for early
involvement of interested individuals and groups in the rulemaking process.
Rule workgroups will focus on licensure, discipline and compliance issues.
The
bill also requested that the legislature create an interim committee to study
issues surrounding medical peer review, including the use of peer review
information in the disciplinary process, the adequacy of the peer review
process in institutions, and the appropriate role of the board in oversight of
misuse of the process.
S.B.
419 was authored by Senator Jane Nelson. Sen. Nelsonalso authored S.B. 104 last session, greatly strengthening the
agency’s regulatory laws and resources. The House sponsor for S.B. 419 was
Representative Burt Solomons. Staff for both legislators worked closely with
agency staff as the legislation was developed.
“I
am very pleased with the bill as it was finally passed. There are many small,
but significant, provisions in the bill that will help us better do our job to
protect the public and fairly regulate the profession,” said Dr. Donald
Patrick, agency executive director.
A
full summary of S.B. 419 and the text of the bill can be found on the agency
web site at http://www.tsbme.state.tx.us/rules/sb.htm.
Former Board Member Paul Meyer Dies
Condolences
to the friends and family of former board member Paul Meyer, M.D., who died
March 3 at the age of 64. Dr. Meyer, a neurosurgeon, served on the board from
1995 until 2000. Dr. Meyer taught neurological surgery at Texas Tech University
Health Sciences Center, where he served as chief of neurosurgery.
DSHS Requests Stakeholder Input for Improving and
Preparing for Expansion of Newborn Screening in Texas
If you are involved with
Texas’ newborn screening program, be on the lookout for a survey. If you do not
receive one directly and are involved with NBS and are interested in an
opportunity to improve the program and plan for expansion, go to www.dshs.state.tx.us/lab/survey.shtm for online submission. For
more information, contact Margaret Bruch at 512-458-7111 ext. 3045 or Margaret.bruch@dshs.state.tx.us .
Each
year in Texas approximately 375,000 infants are born and a total of 750,000
screens are done within their first two weeks of life to identify potential
disorders that with treatment can improve the child’s health outcomes. Every
year approximately 10,000 abnormal screens are identified and require some
level of follow up.
Currently,
legislation as well as agency plans anticipate expanding the number of
disorders that are screened. In anticipation of these efforts, the DSHS invited
the National Newborn Screening and Genetic Resource Center to conduct a
technical review of the DSHS Newborn Screening Program. The review was held
from February 28 to March 2.
The
NNSGRC provides technical reviews to states through a cooperative agreement
between the federal Maternal and Child Health Bureau Genetic Services Branch of
the Health Resources and Services Administration and the University of Texas
Health Science Center at San Antonio Department of Pediatrics. Eight
professionals from across the country, including representatives from HRSA and
the Centers for Disease Control and Prevention, conducted the review and held
internal and external stakeholder meetings in Austin, Houston, San Antonio, and
Dallas. Approximately 51 external stakeholders representing 20 unique interest
groups participated.
DSHS
received the draft consultation NNSGRC report on April 20. The draft provides
comments from the team and stakeholders, responses to specific questions, and
recommendations for enhancing newborn screening in Texas. DSHS staff has
initiated a project to review the report and make appropriate recommendations
to improve services provided to infants born in Texas.
As
one of the mechanisms to fulfill this project’s goal, DSHS is seeking additional
stakeholder input in the form of survey responses to specific considerations
raised in the report. The department is attempting to contact all types of
professionals who interface with NBS, whether as a specimen collector,
physician or nurse following up on abnormal screens, a physician doing
confirmatory testing and/or treating these infants, or someone involved in
locating families and explaining the screening that is done and the importance
of follow-up.
Rule Changes
To see the full rules, go to the TMB web site at www.tsbme.state.tx.us and click on “Board Rules.”
Chapter
162, Supervision of Medical Students.Amendments to §162.1 repealing requirement that
supervising physician hold clinical faculty appointment and new §162.2 adding
provisions of Chapter 186, Supervision of Physician Assistant Students.
Chapter
163, Licensure. Amendments to §§163.1, 163.5, 163.6, 163.10, 163.13 regarding general
cleanup of the sections; and changes relating to relicensure and the expedited
licensure process consistent with the mandates of Senate Bill 104 and Senate
Bill 558 of the 78th Legislature. Amendments to §163.1(13) regarding the
definition of substantial equivalence and the repeal of §163.15 regarding visiting
physician permits.
Chapter
166, Physician Registration. Amendments to §§166.1-166.6 regarding biennial
registration as mandated by Senate Bill 104. Rule review and amendments to
§166.1 relating to licensees notifying board of changes in professional names.
Chapter
168, Persons with Criminal Backgrounds. Rule review and repeal of §168.1. The text of the
repeal will be incorporated into the new Chapter 190.
Chapter
171, Postgraduate Training Permits.Amendments to §171.2 regarding qualifications for
postgraduate permit holders and temporary permits.
Chapter
172, Temporary Licenses. Amendments to §172.10 relating to Department of State Health Services
(DSHS) Medically Underserved Area (DSHS-MUA) temporary licenses.
Chapter
173, Physician Profiles. Amendments to §§173.1, 173.3, and 173.4 that will make the sections
consistent with the requirements of Senate Bill 104 to remove the 10-year
limitation in §173.1(b)(18)-(21) and add paragraph (25) regarding malpractice
information, and outline the timeline for updating the profile following the
filing of formal complaints.
Chapter
175, Fees, Penalties and Applications.Rule review and amendments to §175.1 regarding fees
for Physician In Training permits. Amendments to §§175.1, 175.2 and 175.4
regarding biennial registration fees for physicians; increased penalty fees for
late physician registration; surcharges for physician assistant, acupuncture,
and acudetox renewal; registration and penalty fees for surgical assistants;
and fees for approval of continuing acupuncture education providers.
Chapter
178, Complaints. New §§178.1-178.8 concerning procedures for initiation, filing, and
appeals of complaints. In addition, Chapter 188 of this title (relating to
Complaint Procedure Notification) will be repealed and the text regarding the
process for complaint procedure notification will be incorporated into this new
chapter.
Chapter
179, Investigations Repeal of §§179.1-179.5 and new §§179.1-179.7 regarding a system of
procedures for the investigation of jurisdictional complaints.
Chapter
182, Use of Experts. New §§182.1-182.6 regarding the use of experts consistent with the
requirements of Senate Bill 104. The new sections will establish procedures,
qualifications and duties of these professionals serving as expert panel
members, consultants and expert witnesses to the board. Addition of §182.7
regarding the use of Executive Committee members to make interim appointments
of expert panelists until the next board meeting.
Chapter
183, Acupuncture. Amendments to §183.2(19) concerning full NCCAOM examination. Amendment
to §183.20(c) relating to reporting of continuing acupuncture education for
acupuncturists on-line.
Chapter
184, Surgical Assistants. Amendments to §§184.8 and 184.25 regarding biennial registration and
annual continuing education requirements and repeal of §§184.10 and 184.11
regarding fees related to the renewal of expired licenses and schedule of fees.
The repealed sections will be moved to Chapter 175 relating to Fees, Penalties,
and Applications.
Chapter
185, Physician Assistants. Amendments to §185.7 regarding the Physician Assistant Board’s
designee being allowed to issue temporary licenses.
Chapter
186, Supervision of Physician Assistant Students. Repeal of chapter.
Chapter
187, Procedural Rules. Amendments to §§187.2, 187.9, 187.13, 187.16, 187.18, 187.24, 187.44,
187.56, 187.57, 187.60 and the repeal of §§187.5 and 187.40 concerning the
timeline for scheduling informal settlement conferences; temporary suspension
or restriction of licenses; required suspension or revocation of licenses for
certain offenses; and ineligibility determinations for licensure applicants.
Chapter
190, Disciplinary Guidelines.Repeal of §190.1; and new Subchapter A,
§§190.1-190.2; new Subchapter B, §190.8; and new Subchapter C, §§190.14-190.16
regarding disciplinary guidelines in licensure and disciplinary matters.
Chapter
192, Office-Based Anesthesia.Amendments to §§192.2-192.4 and 192.6 regarding
general cleanup of the sections and to create a process for biennial
registration consistent with Senate Bill 104.
Chapter
193, Standing Delegation OrdersAmendment to §193.6 regarding delegation of
carrying out or signing of prescription drug orders to Physician Assistants and
Advanced Nurse Practitioners
Chapter
196, Voluntary Surrender of a Medical License. Amendments to §§196.1-196.3
for general cleanup of the chapter.
Texas Medical Rangers Seek Volunteers
In
the wake of the September 11, 2001, attacks on the East Coast and other events
threatening homeland security,many
people wish for ways to serve Texas communities in need as volunteer public
health professionals.
As the all-volunteer Medical Reserve Corps, organized under the Governor’s
Office, the Texas Medical Rangers voluntarily respond across
the state to major public health disasters or emergencies at
the Governor’s call. The Medical Rangers volunteer only within
Texas. All health professionals and individuals interested in
health-related training or service are encouraged to join. For
further information on joining or engaging the Medical Rangers,
please call (866) 835-8936 or contact them by e-mail at TexMedRangers@uthscsa.edu. Among the practical resources available to you at http://www.texasmedicalrangers.com/training.html
are more than 1,000 disaster-related links
and current national guidance, as well as emergency phrase translation guides
for 37 languages. The Texas Medical Rangers ask that you come ride with them as
they serve Texas with pride, competence, and character!
Formal Complaints
Name, License No., Date filed, Allegations
Julio C. Arauz, M.D., J5247 4-21-05
Failure
to maintain adequate medical records; nontherapeutic prescribing; failure to
adequately supervise those acting under his supervision.
Beauford
Basped, M.D., E3813 5-27-05
Nontherapeutic
prescribing; failure to meet the standard of care.
Michael
W. Berg, M.D., F3683 4-21-05
Inappropriate behavior; failure to
effectively communicate with patients; complaints by patients of rough
treatment and handling.
Viraf
Cooper, M.D., G4553 12-28-05
Failure
to meet the standard of care in four surgical cases, resulting in patient harm
and death; peer review disciplinary action.
Johnston
Cox, M.D., applicant 11-18-08
Petition
in opposition to relicensure, after his license was suspended and then lapsed,
based on diverting drugs for his own use; and providing false or misleading
information on his application for relicensure.
Carlos
H. Fernandez, M.D., D9438 5-17-05
Failure
to meet the standard of care in back surgery cases and in delegating
postoperative care to a lesser-trained individual.
Lewis
J. Frazee, M.D., G1289 12-6-04
Failure
to properly examine a patient prior to LASIK surgery; failure to diagnose
cataracts; failure to examine a patient postoperatively; failure to properly
supervise subordinates; and improper delegation.
John
D. Huff, M.D., D7993 4-21-05
Failure
to take and pass SPEX exam and pay $29,000 penalty in accordance with previous
Board order; disciplinary action in another state.
Albert
C. Knoerr, M.D., D3301 4-21-05
Failure
to maintain adequate medical records; prescribing narcotics without objective
medical evidence to support their use.
Robert C. Kuhne, M.D., H2519
4-28-05
Inappropriate sexual comments to a patient.
Roby
D. Mitchell, M.D., H4560 1-31-05
Failure
to meet the standard of care in using traditional or alternative treatments;
failure to comply withApril 14, 2003,
order.
Walter
W. Montesinos, M.D., H5011 11-22-04
Sexually
inappropriate behavior toward a patient; failing to maintain confidentiality of
a patient.
John
E. Perry, M.D., D3747 4-21-05
Aiding
or abetting the practice of medicine by a person or entity that is not licensed
by the Board; failure to release medical records within 15 days after the
request.
Robert
C. Snip, M.D., F3622 5-17-05
Failure
to supervise adequately those acting under his supervision in the case of a
LASIK surgery patient.
Suraphandhu
Srivathanakul, M.D., E7288 2-7-05
Nontherapeutic
prescribing; care and treatment below the standard of care; failure to keep
adequate medical records; failure to maintain acceptable physician-patient
boundaries.
Fortunato
O. Sunio, M.D., D5646 12-21-04
Sexually
inappropriate behavior toward patients; termination from Terrell State
Hospital.
Thomas Tung Tran, M.D., J6043 5-24-05
Creating fraudulent medical records.
Michael B. Williams, M.D.,Prmt. 100004600 5-9-05
Failure to comply with
non-public rehabilitation order; failure to cooperate with Board staff.
Disciplinary Actions
The board has taken the following
disciplinary actions since publication of the Fall 2004 Medical Board Bulletin against 187 physicians and
one non-certified radiologic technician. The Texas State Board of Acupuncture
Examiners disciplined two acupuncturists; and the Texas State Board of
Physician Assistant Examiners took disciplinary action against six physician
assistants.
ADAMS, JOHN JAMES, M.D., PASADENA, TX,
Lic. #D0771
On
June 3, 2005, the Board and Dr. Adams entered into an Agreed Order requiring
Dr. Adams to obtain continuing medical education including 10 hours of ethics
and 10 hours in medical recordkeeping in courses or programs approved by the
Executive Director; to apprise the requesting physician of the status of
records that were requested; and assessing an administrative penalty of $1,000.
The action was based on allegations that Dr. Adams failed to respond to
requests from another physician to supply medical records.
AGUILAR, MARIA ISABEL, M.D., SAN ANTONIO,
TX, Lic. #BP40019871
On
April 8, 2005, the Board and Dr. Aguilar entered into an Agreed Order assessing
an administrative penalty of $500. The action was based on allegations that she
improperly failed to report an arrest for shoplifting on her application for
licensure.
AL-SHALCHI, NAJAH MUHAMAD, M.D., SAN
ANTONIO, TX, Lic. #G1809
On
April 8, 2005, the Board and Dr. Al-Shalchi entered into an Agreed Order
requiring Dr. Al-Shalchi to complete 10 hours of ethics courses and assessing
an administrative penalty of $5,000. The action was based on allegations that
Dr. Al-Shalchi failed to adequately explain, when he renewed his license, his
prior knowledge of a federal government investigation into Medicare claim
improprieties and his being disciplined by Methodist Health Care System for
failing to disclose this knowledge.
ALLEN, DALE RAY, M.D., ARLINGTON, TX, Lic.
#D4590
On
April 8, 2005, the Board and Dr. Allen entered into an Agreed Order assessing
an administrative penalty of $500. The action was based on allegations that Dr.
Allen failed to document a physical examination appropriate to a patient’s
history.
ALEXANDER, PRESTON CLAY, M.D.,
RICHARDSON, TX, Lic. #G4779
On
February 4, 2005, the Board and Dr. Alexander entered into an Agreed Order
assessing a $500 administrative penalty. The action was based on allegations
that Dr. Alexander failed to complete timely required continuing medical
education in ethics.
ASMUSSEN, MAURICE DWAYNE, M.D.,
LUBBOCK, TX, Lic. #H7873
On
December 10, 2004, the Board and Dr. Asmussen entered into an Agreed Order
suspending Dr. Asmussen’s license. The action was based on Dr. Asmussen’s drug
addiction.
BACON, ROBERT J., JR., M.D.,
HOUSTON, TX, Lic. #F0861
On
December 10, 2004, the Board and Dr. Bacon entered into an Agreed Order
assessing a $500 administrative penalty. The action was based on allegations
that Dr. Bacon did not complete required CME hours in a timely manner.
BAKER, RAY DON, M.D.,
TOPEKA, KS, Lic. #C4983
On
December 10, 2004, the Board and Dr. Baker entered into an Agreed Order
requiring Dr. Baker to surrender his Drug Enforcement Administration license.
The action was based on an Order issued by the Kansas Board of Healing Arts,
also requiring Dr. Baker to surrender his DEA license.
BARRERA, RODOLFO CANTU, D.O., AUSTIN, TX,
Lic. #F3737
On
June 3, 2005, the Board and Dr. Barrera entered into an Agreed Order requiring
Dr. Barrera to complete 10 hours of continuing medical education in
recordkeeping/documentation and assessing an administrative penalty of $750.
The action was based on allegations of insufficient documentation of a physical
exam of a patient who presented with abdominal pain.
BARRETT, DAVID BENJAMIN, M.D.,
ATHENS, TX, Lic. #G7987
A
Temporary Restriction Order was entered on November 15, 2004, limiting Dr.
Barrett’s practice to an office practice and instructing Dr. Barrett not to
apply for, accept, or maintain privileges at any hospital. The Temporary
Restriction Order shall remain in force and effect until superseded by a new
Order. The action was based on allegations that Dr. Barrett’s treatment fell
below the standard of care, including evidence that he failed to properly
diagnose and treat multiple patients and displayed poor medical judgment.
BARST, GEOFFREY STEPHEN, M.D., FORT WORTH,
TX, Lic. #F0866
On
June 3, 2005, the Board and Dr. Barst entered into an Agreed Order assessing an
administrative penalty of $500. The action was based on allegations that Dr.
Barst failed to provide properly requested medical records on a timely basis
and failed to maintain the medical records for the seven years required by
Board rule.
BASS, JAMES RICHARD, M.D.,
LAFAYETTE, LA, Lic. #J5257
On
December 10, 2004, the Board and Dr. Bass entered into an Agreed Order
suspending Dr. Bass’ license. The action was based on allegations that Dr. Bass
suffers from drug and alcohol addiction and relapsed, violating a probation
order issued by the Louisiana State Board of Medical Examiners.
BATTLE, CLINTON CHARLES, M.D.,
ARLINGTON, TX, Lic. #F1368
On
December 10, 2004, the Board and Dr. Battle entered into an Agreed Order
requiring Dr. Battle to attend a boundaries course, complete CME in medical
recordkeeping, and pay a $3,000 administrative penalty. The action was based on
allegations that Dr. Battle signed a document, later offered in a court
proceeding, stating that a patient was totally incapacitated without adequate
medical records to substantiate the statement.
BELL, ROBERT STEVEN, M.D., HOUSTON, TX,
Lic. #J0441
On
June 3, 2005, the Board and Dr. Bell entered into an Agreed Order publicly
reprimanding Dr. Bell and placing him on probation for five years under terms
and conditions, including that Dr. Bell not supervise a physician assistant;
that he continue to receive care from his treating psychiatrist; that he obtain
a complete forensic evaluation from a board-designated psychiatrist; and that
he successfully complete, within 180 days, the Anger Management for Healthcare
Professionals course offered by the University of California at San Diego
Physician Assessment and Clinical Education Program or an equivalent course.
The action was based on allegations that Dr. Bell became inappropriately angry
with hospital personnel before and after his performance of surgery and
interacted inappropriately with such personnel.
BEREZOSKI, ROBERT N. JR., M.D., SUGAR
LAND, TX, Lic. #E0812
On
April 8, 2005, the Board and Dr. Berezoski entered into an Agreed Order
terminating his October 30, 2002, suspension and placing Dr. Berezoski on
probation under terms and conditions for 10 years, including the following:
that he not supervise a physician assistant; his practice will be monitored by
another physician; his practice setting will be approved by the executive
director and Dr. Berezoski must associate with at least one other physician; he
will obtain 100 hours of continuing medical education in addition to regular
CME requirements, including at least 30 hours in risk management and 20 hours
in pharmacology; and he shall undergo a complete eye examination by an
independent ophthalmologist. The 2002 suspension was based on allegations that
Dr. Berezoski failed to meet the standard of care during an outpatient nasal
surgery, after which the patient died.
BHULLAR, INDERMEET SINGH, M.D.,
HUNTSVILLE, AL, Lic. #BP20015330
On
April 8, 2005, Dr. Bhullar and the Board entered into an Agreed Order placing
Dr. Bhullar on probation for 10 years, requiring abstinence from alcohol and
drugs and participation in drug and alcohol testing and the activities of his
county medical society and Alcoholics Anonymous. The action was based on
allegations of intemperate use of drugs and alcohol, including an arrest for
driving while intoxicated.
BLESSING, WILLIAM SCOTT, M.D., DALLAS, TX,
Lic. #E0820
On
April 6, 2005, the Board entered an Order temporarily suspending Dr. Blessing’s
license. The action was based on the following: On February 27, Dr. Blessing
allegedly assaulted his wife, threatened her with a gun and told her he was
going to kill her. She reported the assault to the Highland Park Department of
Public Safety, and a warrant was issued for Dr. Blessing’s arrest. Dr. Blessing
threatened to kill a detective who contacted him and anyone who stepped on his
property. The Dallas Tactical Swat Team was called and after a period of
negotiation Dr. Blessing surrendered. He was arrested and charged with
aggravated assault with a deadly weapon. In addition, Dr. Blessing failed to
inform the Board of his manic depressive disorder and provided false
information to the Board regarding his hospital privileges.
BOYLES, RICK ALLEN, M.D., SEABROOK, TX,
Lic. #J6345
On
April 8, 2005, the Board and Dr. Boyles entered into an Agreed Order suspending
Dr. Boyles’ license for a minimum of 18 months from September 9, 2004, and
until he demonstrates to the Board he is physically, mentally and otherwise
competent to safely practice medicine, and requiring that he abstain from the
consumption of drugs and alcohol and undergo drug and alcohol testing. The
action was based on allegations that Dr. Boyles abused cocaine and was arrested
for tampering/fabrication of evidence and that he failed to report to the Board
his arrests for DWI and for evading arrest with a motor vehicle.
BRAMANTI, HENRY R., M.D., AUSTIN, TX, Lic.
#E3214
On
April 8, 2005, the Board and Dr. Bramanti entered into an Agreed Order
assessing an administrative penalty of $500. The action was based on
allegations that Dr. Bramanti failed to complete the one-hour medical ethics
course required by Board rules.
BRYAN, GARY LEE, M.D., PLANO, TX, Lic.
#M0024
On
March 31, 2005, the Board entered an Order temporarily suspending Dr. Bryan’s
license. The action was based on his evading arrest after being seen leaving a
crack house, being found with cocaine, and failure to comply with his current
board order, which includes a provision that he abstain from the consumption of
alcohol and drugs.
BUIE, JOSEPH, M.D., HOUSTON, TX, Lic.
#K5469
On
April 8, 2005, the Board and Dr. Buie entered into an Agreed Order requiring
that his practice be monitored by another physician for three years; that he
maintain adequate medical records; pass the Medical Jurisprudence Examination;
successfully complete a two-day intensive course in the area of recordkeeping;
attend five hours of ethics courses or programs; and complete a course in risk
management of at least 15 hours. The action was based on Dr. Buie’s improper
dispensing of methadone to patients at his methadone clinic without proper
certification from the Texas Department of Health and for medical recordkeeping
that did not meet the standard of care.
BURNS, DAVID ERIN, M.D.,
HOUSTON, TX, Lic. #G7498
On
February 4, 2005, the Board and Dr. Burns entered into an Agreed Order
restricting the doctor’s license for three years. The action was based on
allegations that Dr. Burns violated the standard of care in his treatment of
five patients by inadequate diagnostic workup and treatment and poor
documentation of treatment modalities.
BUTTS, JEFFREY L., D.O.,
AUSTIN, TX, Lic. #H7939
On
February 4, 2005, the Board and Dr. Butts entered into an Agreed Order
suspending his license until at least June 3, 2005. The action was based on
allegations that Dr. Butts ingested cocaine, in violation of a prior board
order.
CALVILLO, OCTAVIO J., M.D., HOUSTON, TX,
Lic. #G6062
On
June 3, 2005, the Board and Dr. Calvillo entered into a three-year Agreed Order
requiring that Dr. Calvillo successfully complete at least 10 hours of
continuing medical education in the area of recordkeeping; that his practice be
monitored by another physician; that within 90 days Dr. Calvillo present a
protocol establishing guidelines for the proper monitoring of patients for
potential abuse of medications with addictive potential; and that within 30
days he present documentation that he has completed the minimum continuing
medical education requirements for the years 2003 and 2004. The action was
based on allegations that Dr. Calvillo did not sufficiently monitor the overuse
of medications for one patient, including Zydone, Lexapro, Soma, Roxicet,
OxyContin, Restoril, Norco and Duragesic patches.
CAPLAN, STEVEN CHAIM, M.D.,
HOUSTON, TX, Lic. #G8038
On
December 10, 2004, the Board and Dr. Caplan entered into an Agreed Order
accepting the voluntary surrender of Dr. Caplan’s license. The action was based
on Dr. Caplan’s serious illness.
CARDOSI, BETH LOUISE, D.O., MYRTLE BEACH,
SC, Lic. #K2866
On
April 8, 2005, the Board and Dr. Cardosi entered into an Agreed Order requiring
Dr. Cardosi to comply with terms and conditions, including abiding by the terms
and conditions of a five-year order she entered into with the South Carolina
Board of Medical Examiners on December 2, 2003, and appearing before the Board
before practicing in Texas to ensure continued compliance with the terms and
conditions of the Agreed Order, which runs concurrently with the South Carolina
order. The action was based on her being placed under order by the South
Carolina Board for alcohol abuse and the writing of fraudulent prescriptions
for hydrocodone for her own use.
CARTWRIGHT, GREGORY BRYAN, M.D.,
ARLINGTON, TX, Lic. #H7544
On
December 10, 2004, the Board and Dr. Cartwright entered into an Agreed Order
revoking Dr. Cartwright’s license for 15 years, but probating the revocation
for 15 years, requiring abstinence, drug testing, psychiatric evaluation and
treatment, and inpatient evaluation for substance abuse.
CHASE, C. C., M.D., SAN ANTONIO, TX, Lic.
#K5080
On
June 3, 2005, the Board and Dr. Chase entered into an Agreed Order assessing an
administrative penalty of $500. The action was based on allegations that, for
certain drugs that Dr. Chase required a patient to pick up at his office, he
charged an amount in excess of the cost of the drugs in order to cover the cost
of monitoring the use of the drugs, in violation of Board Rules.
CHHIKARA, SUBIR, M.D.,
AUSTIN, TX, Lic. #J6378
On
December 10, 2004, the Board and Dr. Chhikara entered into an Agreed Order
assessing a $1,500 administrative penalty. This action was based on allegations
that Dr. Chhikara may have inappropriately accessed medical records of a family
member.
CHITALE, ANIRUDDHA ASHOK, M.D.,
WAXAHACHIE, TX, Lic. #K5864
On
February 17, 2005, the Board entered an Order temporarily suspending Dr.
Chitale’s license after he was arrested on February 4 by the Ennis Police
Department and charged with sexual assault on a patient on whom he had
performed a colonoscopy. After the alleged assault, the patient went to Ennis
Police and Ennis Regional Hospital, where physical evidence was collected. DNA
analysis matched known specimens of Dr. Chitale; the patient and her husband
were excluded as matches. On June 3, 2005, the Board and Dr. Chitale entered
into an Agreed Order whereby Dr. Chitale voluntarily and permanently
surrendered his Texas medical license. The action was based on allegations that
Dr. Chitale groped the breasts of a female patient who had been under
anesthesia and placed his penis against her cheek and mouth.
CHU, KHOI BA, M.D., FORT WORTH, TX, Lic.
#K4027
On
April 8, 2005, the Board and Dr. Chu entered into an Agreed Order assessing an
administrative penalty of $500. The action was based on allegations that Dr.
Chu failed to provide documentation of completion of a required one-hour
medical ethics course.
CLARK, ALAN SCOTT, M.D.,
WHITEHOUSE, TX, Lic. #K5489
On
February 4, 2005, the Board and Dr. Clark entered into an Agreed Order
assessing a $500 administrative penalty. The action was based on an allegation
that Dr. Clark did not timely complete his required CME in ethics.
COLLINS, DAVID BURRELL, D.O., GRANBURY,
TX, Lic. #F6538
On
February 17, 2005, the Board entered an Order temporarily suspending Dr.
Collins’ license. The action was taken because, following an investigation of
his alcohol abuse, he failed to respond to an offer of an Agreed Order to
voluntarily surrender his license or to otherwise respond to Board
communications. On June 3, 2005, the Board and Dr. Collins entered into an
Agreed Order whereby Dr. Collins voluntarily surrendered his Texas medical
license. The action was based on allegations that he is impaired from illness
or drunkenness or excessive use of drugs, narcotics, chemicals or another type
of substance, or as a result of a mental or physical condition, and is unable
to treat patients with reasonable skill.
COLLINS, RANDY EARL, D.O., GLENDALE, AZ,
Lic. #E6053
On
March 14, 2005, the Board and Dr. Collins entered into an Agreed Order
suspending his license, staying the suspension and placing Dr. Collins on
probation for five years under terms and conditions, including that Dr. Collins
abide by the terms and conditions of his November 10, 2004, order of the
Arizona Board of Osteopathic Examiners, not terminate drug testing with the
State of Arizona and, if he wishes to practice in Texas before the expiration
of the order, to personally appear before the Board and provide clear and
convincing evidence that he is competent to safely practice medicine. The
action was based on his being placed on probation by the Arizona Board for
intemperate use of alcohol that may have impaired his ability to practice
medicine.
COOKE, KATHRYN ESTRADA, M.D., HOUSTON, TX,
Lic. #G4931
On
April 8, 2005, the Board and Dr. Cooke entered into an Agreed Order assessing
an administrative penalty of $1,000. The action was based on allegations that
Dr. Cooke failed to complete the required amount of continuing medical education.
CRAWFORD, JOHN C., M.D., LAKE CHARLES, LA,
Lic. #H9056
On
April 8, 2005, the Board and Dr. Crawford entered into an Agreed Order whereby
Dr. Crawford voluntarily surrendered his Texas medical license. The action was
based on the temporary suspension of Dr. Crawford’s license by the Louisiana
State Board of Medical Examiners after it determined that he may be incompetent
to practice medicine because of psychiatric instability.
CROWLEY, WILLIAM JAMES III, M.D., AUSTIN,
TX, Lic. #J6097
On
June 3, 2005, the Board and Dr. Crowley entered into an Agreed Order assessing
an administrative penalty of $750. The action was based on allegations that Dr.
Crowley discussed a patient’s medical information in front of visitors in the
patient’s hospital room without asking permission of the patient.
CURTIS, ROBERT BURNELL, M.D.,
AMARILLO, TX, Lic. #H6143
On
February 4, 2005, the Board and Dr. Curtis entered into an Agreed Order
requiring the doctor to complete 20 hours of CME in management of difficult
patients and issues related to emergent GI bleeds, and assessing a $1,000
penalty. The action was based on allegations that Dr. Curtis did not adequately
investigate the severity of a patient’s GI bleed, which resulted in the patient
returning to the emergency room with a subsequent admission to the intensive
care unit.
DALKOWITZ, MARCUS BROWN, M.D., SAN
ANTONIO, TX, Lic. #C3625
On
April 8, 2005, the Board and Dr. Dalkowitz entered into an Agreed Order
accepting Dr. Dalkowitz’s voluntary surrender of his medical license. Dr.
Dalkowitz is physically unable to satisfactorily continue in the practice of
medicine and wished to voluntarily surrender his medical license and retire.
DAVIES, DALE CURTIS, M.D., SHERMAN, TX,
Lic. #K1409
On
April 8, 2005, the Board and Dr. Davies entered into an Agreed Order publicly
reprimanding Dr. Davies, requiring him to complete 25 hours of continuing
medical education, and assessing an administrative penalty of $3,000. The
action was based on allegations Dr. Davies failed to meet the standard of care
by prescribing antidepressants to a patient without personally conducting an
initial evaluation and assessment of the patient.
DAVIS, HOWELL EUGENE, D.O., ARLINGTON, TX,
Lic. #H2109
On
March 4, 2005, the Board entered an Order suspending Dr. Davis’ license. The
action was based on allegations that Dr. Davis had violated his December 12,
2003, Agreed Order by ingesting butalbital, a barbiturate.
DICKEY, WILLIAM JAMES JR., M.D., HOUSTON,
TX, Lic. #D0445
On
April 8, 2005, the Board and Dr. Dickey entered into an Agreed Order subjecting
Dr. Dickey to terms and conditions for two years from the date of the order,
including a requirement that Dr. Dickey’s practice be monitored by another
physician and that he surrender his DEA and DPS controlled substances
registration certificates. The action was based on allegations that Dr. Dickey
prescribed habit-forming medications over a long period of time to a patient
displaying drug-seeking behavior without appropriate physical examinations,
evaluations or workups.
DONNELL, DAVID NORMAN, M.D., DALLAS, TX,
Lic. #H8006
On
April 8, 2005, the Board and Dr. Donnell entered into an Agreed Order
suspending Dr. Donnell’s license, staying the suspension and placing him on
probation for five years under terms and conditions, includingthat he not possess Schedule II medications
at his office; that he keep a log of all prescriptions for controlled
substances and dangerous drugs with addictive potential; that he complete 10
hours of continuing medical education in pain management; that his practice be
monitored by another physician; and that he pay an administrative penalty of
$5,000. The action was based on allegations that Dr. Donnell failed to keep
adequate drug records and failed to keep adequate receipts and distribution logs
of numerous controlled substances and dangerous drugs and, in one instance,
improperly ordered a controlled substance in the name of an employee instead of
the name of the patient for whom the medication was intended.
DORMAN, JOHN WESLEY, M.D., WICHITA
FALLS, TX, Lic. #D5375
On
December 10, 2004, the Board and Dr. Dorman entered into an Agreed Order
issuing a public reprimand, requiring a boundaries course, additional CME in
ethics and risk management, and assessing a $2,500 administrative penalty. The
action was based on allegations that Dr. Dorman displayed a lack of sensitivity
to patient modesty by making inappropriate comments during three physical
examinations.
DYER, MORGAN C. D., M.D., MIDLAND, TX,
Lic. #F3111
On
June 3, 2005, the Board and Dr. Dyer entered into an Agreed Order whereby Dr.
Dyer voluntarily and permanently surrendered his Texas medical license. The
action was based on allegations that Dr. Dyer was indicted for, and tried and
convicted of, “possession of visual depiction of minors engaged in sexually
explicit conduct.”
EARGLE, CANTRAL LESTER JR., M.D., IRVING,
TX, Lic. #G0694
On
June 3, 2005, the Board and Dr. Eargle entered into an Agreed Order whereby the
Board accepted the permanent and voluntary surrender of Dr. Eargle’s Texas
medical license. The action was based on allegations that Dr. Eargle prescribed
controlled substances to five patients without taking a proper history, without
a proper physical examination and without maintaining adequate medical records
to support the prescriptions.
EISENBERG, ANDREW COLE, M.D.,
MADISONVILLE, TX, Lic. #J6937
On
April 8, 2005, the Board and Dr. Eisenberg entered into an Agreed Order
requiring Dr. Eisenberg to obtain an additional 10 hours of continuing medical
education in medical recordkeeping and assessing an administrative penalty of
$2,500. The action was based on allegations that Dr. Eisenberg failed to timely
comply with a Board subpoena and failed to maintain a contemporaneous medical
record on one patient.
ELBAOR, JAMES EDWARD, M.D., ARLINGTON, TX,
Lic. #E7062
On
June 3, 2005, the Board and Dr. Elbaor entered into a Mediated Agreed Order
assessing an administrative penalty of $10,000 and requiring Dr. Elbaor to
enter into a contract with a medical services management firm to provide
billing and coding services. The action was based on allegations of failure to
use diligence in the management of his medical records.
ELDER, JAMES EVERETT JR., M.D.,
DALLAS, TX, Lic. #K5289
On
December 3, 2004, a Temporary Suspension Order was entered suspending Dr.
Elder’s license without notice due to evidence that the physician’s
continuation in the practice of medicine would constitute a continuing threat
to public welfare. The allegations that led to the Temporary Suspension Order
will be the subject of a Temporary Suspension Hearing with notice as soon as
can be scheduled. The Temporary Suspension Order shall remain in full force and
effect until such time as it is superseded by a subsequent Order of the Board.
The action was based on allegations that Dr. Elder diverted an associate’s
triplicate prescription pad to prescribe medications for himself and family
members, wrote false and fictitious prescriptions, and had hospital staff
privileges summarily suspended. A Temporary Suspension Order was entered on
January 24, 2005, finding that Dr. Elder poses a continuing threat to public
welfare. The suspension was based on Dr. Elder’s diversion of another
physician’s triplicate prescription pad to prescribe medications to himself and
family members; his resignation from Green Oaks Hospital while under
investigation; his improper termination of a physician-patient relationship
(the patient was a minor child whom he was treating for bipolar disorder); and
his failure to provide medical records to a patient. The suspension order will
remain in effect until such time as it is superseded by a subsequent board
order.
ENGLAND, RICHARD WAYNE, M.D.,
BEAUMONT, TX, Lic. #E0902
On
December 10,2004, the Board and Dr. England entered into an Agreed Order
accepting the voluntary surrender of Dr. England’s license. The action was
based on Dr. England’s physical impairment.
ENI, IKEDINOBI UGOCHUKWU, M.D.,
WOODLAND, TX, Lic. #K6843
On
December 10, 2004, the Board and Dr. Eni entered into an Agreed Order requiring
Dr. Eni to complete 15 hours of CME in emergency medicine and assessing a
$1,000 administrative penalty. The action was based on allegations that Dr. Eni
did not meet the standard of care in treating an ER patient who presented with
abdominal and testicular pain. As a
result, the patient’s left testicle had to be surgically removed.
EVANGELISTA, ANTHONY WILLIAM, M.D.,
ARLINGTON, TX, Lic. #K0028
On
April 8, 2005, the Board and Dr. Evangelista entered into an Agreed Order
publicly reprimanding Dr. Evangelista and assessing an administrative penalty
of $25,000. The action was based on allegations Dr. Evangelista disseminated
advertisements that violated Board rules regarding making claims and
representations that are not subject to substantiation or verification.
FISHER, JAMES FORREST, M.D.,
SEGUIN, TX, Lic. #E6077
On
February 4, 2005, the Board and Dr. Fisher entered into an Agreed Order
publicly reprimanding Dr. Fisher, assessing a $10,000 penalty, requiring an
additional 50 hours of CME per year for three years, and successful passage of
the medical jurisprudence examination within one year. The action was based on
allegations that Dr. Fisher acquiesced to a parent’s request that he prescribe
Zoloft for a pediatric patient. The parent requested Zoloft in the mistaken
belief that it was an antihistamine.
FITZPATRICK, T. SEAN, M.D.,
AUSTIN, TX, Lic. #L8056
On
December 10, 2004, the Board and Dr. Fitzpatrick entered into an Agreed Order
suspending Dr. Fitzpatrick’s license. The action was based on allegations that
Dr. Fitzpatrick relapsed while under a Rehabilitation Order.
FRAGUA, PAUL LOUIS, M.D., BROWNWOOD, TX,
Lic. #D9441
On
April 8, 2005, the Board and Dr. Fragua entered into an Agreed Order assessing
a $500 administrative penalty. The action was based on allegations that an
advertisement placed by Dr. Fragua incorrectly implied that he was board
certified.
FRY, ROBERT BRYANT JR., M.D.,
TEXARKANA, TX, Lic. #E4339
On
February 4, 2005, the Board and Dr. Fry entered into an Agreed Order requiring
the doctor to obtain an additional 20 hours of CME in medical record
documentation. The action was based on allegations that Dr. Fry failed to
document adequately his examination and care of one patient.
GALINDO, CONRADO G. III, M.D., DEL RIO,
TX, Lic. #F0189
On
April 8, 2005, the Board and Dr. Galindo entered into an Agreed Order modifying
his existing order by extending his probationary status for an additional two
years. The action was based on Dr. Galindo’s admission that he sipped champagne
on two occasions in violation of his order and that he subsequently submitted a
urine sample that tested positive for Ethylglucuronide.
GERSHON, JULIAN ROBERT JR., D.O.,
DENTON, TX, Lic. #G9462
On
December 10, 2004, the Board and Dr. Gershon entered into an Agreed Order
assessing a $1,500 administrative penalty. The action was based on allegations
that Dr. Gershon engaged in a boundary violation.During a fitness for duty examination, Dr. Gershon asked the
patient to attend an out of town football game with him. Further, Dr. Gershon
later called the patient and asked her out for a date.
GIBSON, MICHAEL LOUIS, M.D., DALLAS, TX,
Lic. #E7409
On
April 8, 2005, the Board and Dr. Gibson entered into a Mediated Agreed Order
publicly reprimanding Dr. Gibson and extending the period of restriction in his
existing Agreed Order by two years. Additionally, the Mediated Agreed Order
requires Dr. Gibson to pass the Medical Jurisprudence Exam within one year and
assesses an administrative penalty of $12,500. The action was based on
allegations that Dr. Gibson failed to comply with all of the requirements of
his existing order.
GILLILAND, MARK DOUGLAS, M.D., HOUSTON,
TX, Lic. #G2088
On
March 18, 2005, the Board entered an Order temporarily suspending Dr.
Gilliland’s license. The action was based on the following allegations: On May
24, 2004, Dr. Gilliland was arrested for driving while intoxicated and
subsequently falsely stated to the Board in his online license renewal that he
had not been arrested. On March 9, 2005, after a hit-and-run accident in which
two pedestrians were seriously injured, Dr. Gilliland was followed to his
residence by an off-duty policy officer. He failed a field sobriety test and
was arrested and charged with felony intoxicated assault and failure to stop
and render aid.
GINZBURG, EUGENIA I., M.D.,
HOUSTON, TX, Lic. #G8853
On
December 10, 2004, the Board and Dr. Ginzburg entered into an Agreed Order
assessing a $500 administrative penalty. The action was based on Dr. Ginzburg’s
mistaken belief that she had obtained one hour of CME in ethics.
GORDON, WILLIAM HYATT JR., M.D., LUBBOCK,
TX, Lic. #D0890
On
April 12, 2005, the Board took action to suspend Dr. Gordon’s license until
further order of the Board. This action results from the prior Agreed Order
entered into on December 12, 2003, between the Board and Dr. Gordon that is
based on Dr. Gordon’s failure to practice in a professional manner and his
aiding an unlicensed person in the practice of medicine. Under the terms of the
2003 order, Dr. Gordon was required to take and pass the Medical Jurisprudence
exam in three attempts within one year. As set out in the order, if Dr. Gordon
failed to take and pass the exam, his license would be suspended after a panel
of Board representatives considered the relevant information. Dr. Gordon failed
to meet the requirement.
GRANEK, HAROLD, M.D., FORT
WORTH, TX, Lic. #F8495
On
February 4, 2005, the Board and Dr. Granek entered into an Agreed Order issuing
a public reprimand and assessing a $1,000 administrative penalty. The action
was based on allegations that Dr. Granek failed to disclose material
information on an application for medical staff privileges. Also on February 4,
2005, the Board modified an order entered on September 23, 2002, adding three
years to Dr. Granek’s probated suspension, thereby placing his license on
probation for six years. The action was based upon findings that Dr. Granek
violated a prior Order of the Board when he examined and treated female
patients. Dr. Granek’s motion for rehearing was denied and the order was final
effective March 18, 2005. Dr. Granek appealed the decision of the Board to the
126th Judicial District Court, Travis County, Texas.
GROSS, ROBERT HADLEY, M.D.,
WYNNEWOOD, PA, Lic. #G5125
On
December 10, 2004, the Board and Dr. Gross entered into an Agreed Order
revoking his license, staying the revocation and placing Dr. Gross on probation
for 12 years, including restrictions that he not practice medicine until he
proves to the Board that he is competent to do so; that he undergo psychiatric
evaluation; that he attend the Colorado Institute for Physician Evaluation and
complete any needed assessments; and that he successfully pass the Special
Purpose Examination and the Medical Jurisprudence Examination. The action was
based on a felony conviction.
GUILLET, GLEN GORDON, M.D.,
BEAUMONT, TX, Lic. #D2445
On
December 10, 2004, the Board and Dr. Guillet entered into an Agreed Order
placing Dr. Guillet on probation for three years, requiring eight hours of
ethics CME each year, issuing a public reprimand, and assessing a $5,000
administrative penalty. The action was based on allegations that Dr. Guillet
asked a patient to invest $10,000, promising a return of $30,000. No return of
the invested money or the profits has been made to the patient.Such conduct violates Board rules concerning
financial dealings with patients.
GULLAPALLI, UMA RANI, M.D., VICTORIA, TX,
Lic. #J1256
On
April 8, 2005, the Board and Dr. Gullapalli entered into an Agreed Order
assessing an administrative penalty of $1,000. The action was based on
allegations that Dr. Gullapalli allowed incorrect biographical information to
be published on two web sites.
HALL-HERPIN, CALLIE O., M.D.,
HOUSTON, TX, Lic. #K5306
On
October 15, 2004, a Temporary Suspension Order was entered suspending Dr. Hall-Herpin’s
license without notice due to evidence and information that the physician’s
continuation in the practice of medicine would constitute a continuing threat
to public welfare. The allegations that led to the Temporary Suspension Order
will be the subject of a Temporary Suspension Hearing with notice in the
future. The Temporary Suspension Order shall remain in force and effect until
such time as it is superseded by a subsequent Order of the Board. The action
was based on Dr. Hall-Herpin’s indictment for providing narcotic medications to
individuals for cash payments, writing prescriptions to individuals whose names
Dr. Hall-Herpin had taken from the telephone book, and writing prescriptions
for individuals with whom Dr. Hall-Herpin had never established a
doctor-patient relationship.
HANSEN, HENRY ANDREW II, M.D., LUBBOCK,
TX, Lic. #E4384
On
April 8, 2005, the Board and Dr. Hansen entered into an Agreed Order requiring
Dr. Hansen to complete 25 hours of ethics courses or programs. The action was
based on allegations that Dr. Hansen violated the confidentiality of patient
records in one instance.
HARMAN, ROGER DUANE, M.D., BROWNSVILLE,
TX, Lic. #F4049
On
April 8, 2005, the Board and Dr. Harman entered into an Agreed Order
restricting Dr. Harman’s license under terms and conditions for five years,
including that Dr. Harman obtain board certification in pain management; that
he not treat chronic pain patients; that he have his practice monitored by
another physician; that he complete 12 hours of ethics courses or programs each
year for three years; and that he pay an administrative penalty of $5,000. The
action was based on allegations of nontherapeutic prescribing of large amounts
of controlled substances without complete or consistent medical records.
HARRIS, MICHAEL SPELLMAN, M.D.,
DALLAS, TX, Lic. #D3255
On
February 4, 2005, the Board and Dr. Harris entered into an Agreed Order
requiring Dr. Harris to complete an additional 10 hours of CME in risk
management and assessing a $2,500 administrative penalty. The action was based
on allegations that Dr. Harris violated the standard of care when he failed to
perform timely a pre-operative examination on a patient undergoing cataract
surgery.
HATCH, MARK EDWARD, M.D., ARLINGTON, TX,
Lic. #G8863
On
April 8, 2005, the Board and Dr. Hatch entered into an Agreed Order suspending
Dr. Hatch’s license for a minimum of six months from the date of his signing
the order and until such time as he provides clear and convincing evidence to
the Board adequately indicating he is competent to safely practice medicine,
and further requiring Dr. Hatch to abstain from the consumption of alcohol and
drugs and to undergo alcohol and drug screening and a psychiatric evaluation.
The action was based on Dr. Hatch’s admitted abuse of hydrocodone and Xanax and
admitted ordering of large quantities of these drugs under false pretenses for
his own use.
HENDERSON, HAROLD CLAY, M.D., DALLAS, TX,
Lic. #G3937
On
April 8, 2005, the Board and Dr. Henderson entered into an Agreed Order
requiring him to obtain 20 hours of continuing medical education approved for
Category I credits by the American Medical Association and/or the American
Osteopathic Association in thyroid disease issues (10 hours) and risk
management (10 hours). The action was based on allegations that Dr. Henderson
failed to meet the standard of care by not adequately following up on a patient
who was prescribed thyroid medication.
HENDERSON, ROBERT BENSON, M.D., SOUTHLAKE,
TX, Lic. #J6482
On
April 8, 2005, the Board and Dr. Henderson entered into an Agreed Order
publicly reprimanding Dr. Henderson, requiring him to complete a course or
courses in the treatment of malignant head and neck tumors of at least 25 hours
and assessing an administrative penalty of $3,000. The action was based on
allegations Dr. Henderson violated the standard of care for removal of a benign
pleomorphic adenoma of the parotid gland because an adequate margin of normal
tissue was not removed in conjunction with the tumor to lessen the risk of
recurrence. It did recur, requiring more extensive surgery.
HOLLINS, BLANCHARD TUCKER, M.D., HOUSTON,
TX, Lic. #C7219
On
June 3, 2005, the Board and Dr. Hollins entered into an Agreed Order requiring
that Dr. Hollins’ practice be monitored by another physician for up to three
years. The action was based on allegations the Board expert determined that Dr.
Hollins failed to meet the standard of care by not referring patients with
chronic pain, anxiety and depression to specialists.
HOLT, BYRON BUSBY, M.D., HOUSTON, TX, Lic.
#D2460
On
June 3, 2005, the Board and Dr. Holt entered into an Agreed Order assessing an
administrative penalty of $2,000. The action was based on allegations that Dr.
Holt failed to maintain adequate medical records for one patient.
HORTON, STEPHEN HOWARD, M.D., SOUTHLAKE,
TX, Lic. #L1345
On
April 8, 2005, the Board and Dr. Horton entered into an Agreed Order suspending
Dr. Horton’s license for 90 days, then staying the suspension and placing Dr.
Horton on probation under terms and conditions, including requiring Dr. Horton
to enter an inpatient drug treatment facility; undergo psychiatric treatment;
abstain from the consumption of alcohol and drugs; submit to screening for
alcohol and drugs; and participate in the activities of his county medical
society and Alcoholics Anonymous. The action was based on Dr. Horton’s
intemperate use of alcohol, including an arrest for operating a motor vehicle
in a public place while intoxicated and causing serious bodily injury to
another.
HOUSE, CHARLES HAROLD, M.D., KILLEEN, TX,
Lic. #D0390
On
June 3, 2005, the Board and Dr. House entered into an Agreed Order indefinitely
restricting Dr. House’s license under terms and conditions, including the
following: Dr. House is not permitted to supervise or delegate prescriptive authority
to a physician assistant or advanced practice nurse; he may not prescribe
controlled substances and must surrender his controlled substances
certificates; he must enroll in the “CPEP” program (now the Center for
Personalized Education for Physicians) and implement recommendations of that
program and not treat any patient for pain for more than 30 days. The terms and
conditions also require that Dr. House’s practice be monitored by another
physician and that he attend at least 50 hours of continuing medical education
and perform one hundred hours of community service each year. The action was
based on allegations that Dr. House nontherapeutically prescribed controlled
substances to 13 patients and failed to take proper histories or maintain
adequate medical records on the patients.
HOWARD, ANNETTE M., M.D., HOUSTON, TX,
Lic. #J5161
On
March 9, 2005, the Board entered an Order temporarily suspending Dr. Howard’s
license. The action was based on Dr. Howard’s failure to comply with the
requirements of a previous order and her failure to cooperate with Board staff
and with staff’s attempts to help her comply with the order.
HUGHES, KEITH PATRICK, M.D., LINCOLN, NE,
Lic. #K3246
On
April 8, 2005, the Board and Dr. Hughes entered into an Agreed Order requiring
Dr. Hughes to comply with all the terms and conditions of an order of the State
of Nebraska Department of Health and Human Services Regulation and Licensure
Division. Dr. Hughes’ Nebraska order was based on allegations of dependence on
or an active addiction to controlled substances.
HURLEY, DOUGLAS LEE, M.D.,
TEMPLE, TX, Lic. #E4861
On
December 10, 2004, the Board and Dr. Hurley entered into an Agreed Order
placing Dr. Hurley on probation for five years, requiring a psychiatric
evaluation, abstinence, and drug testing. The action was based on allegations
that Dr. Hurley was convicted of driving while intoxicated and may have issues
with depression.
INBODY, STEVEN BRYCE, M.D.,
HOUSTON, TX, Lic. #G7443
On
February 4, 2005, the Board and Dr. Inbody entered into an Agreed Order
suspending Dr. Inbody’s license, but probating the suspension for 10 years. The
action was based on allegations that Dr. Inbody self-prescribed and was
addicted to a hydrocodone-containing medication.
JACKSON, CLEMIS LARAINE, M.D., KATY, TX, Lic.
#H5147
On
December 10, 2004, the Board and Dr. Jackson entered into an Agreed Order
revoking Dr. Jackson’s license. The action was based on Dr. Jackson’s felony
convictions for conspiracy, health care fraud, and money laundering.
JAFRI, ADNAN ZIA, M.D., BEAUMONT, TX, Lic.
#K8229
On
April 8, 2005, the Board and Dr. Jafri entered into an Agreed Order assessing
an administrative penalty of $1,000. The action was based on allegations that
Dr. Jafri failed to sign a death certificate on a timely basis.
JALALI, HAMID REZA, D.O., MAURICEVILLE,
TX, Lic. #H0491
On
June 3, 2005, the Board and Dr. Jalali entered into an Agreed Order requiring
Dr. Jalali’s practice to be reviewed by another physician for one year and
requiring Dr. Jalali to obtain at least 10 hours of continuing medical
education in recordkeeping or risk management. The action was based on
allegations that Dr. Jalali failed to appropriately document the need and
rationale for drugs prescribed to a patient who died while under Dr. Jalali’s
care.
JIA, ZAISHUI, M.D., HOUSTON, TX, Lic.
#K3765
On
April 8, 2005, the Board and Dr. Jia entered into an Agreed Order assessing a
$500 administrative penalty. The action was based on allegations that Dr. Jia
overcharged for medical records.
JOHNSON, TERRY LEE, M.D., WICHITA FALLS,
TX, Lic. #J5795
On
June 3, 2005, the Board and Dr. Johnson entered into an Agreed Order suspending
Dr. Johnson’s license, staying the suspension after 90 days and placing him on
probation under terms and conditions for 15 years. The terms and conditions
include abstinence from alcohol and drugs, alcohol and drug testing, continuing
psychiatric treatment, participation in Alcoholic’s Anonymous, and that he not
serve as a physician for his immediate family. Dr. Johnson’s previous Confidential
Nonpublic Agreed Rehabilitation Order of August, 2004, was also made public.
The action was based on allegations that Dr. Johnson violated his August, 2004,
Order for hydrocodone abuse by testing positive for Fentanyl and his admission
that he had worn a Fentanyl patch while on a medical mission out of the
country.
JOHNSON-CALDWELL, JENNIFER LAVETTE, M.D.,
HOUSTON, TX, Lic. #K5571
On
April 8, 2005, the Board and Dr. Johnson-Caldwell entered into an Agreed Order
assessing a $500 penalty. The action was based on the failure of Dr.
Johnson-Caldwell to show completion of required continuing medical education.
JOSEPH, PHILMORE JOSLEY, M.D.,
HUMBLE, TX, Lic. #E1210
On
December 10, 2004, the Board and Dr. Joseph entered into an Agreed Order
assessing a $500 administrative penalty. The action was based on allegations
that Dr. Joseph failed to release medical records in a timely fashion.
KERN, SUSAN B., M.D.,
HOUSTON, TX, Lic. #G6785
On
February 4, 2005, the Board and Dr. Kern entered into an Agreed Order publicly
reprimanding Dr. Kern, requiring an additional 20 hours of CME for three years,
and requiring Dr. Kern’s practice to be monitored for one year. The action was
based on allegations that Dr. Kern altered a medical record after she became
aware that the Board was investigating an allegation that Dr. Kern failed to
treat a patient within the standard of care. On June 3, 2005, the Board and Dr.
Kern entered into an Agreed Order suspending Dr. Kern’s license for a minimum
of 60 days and until such time as Dr. Kern personally appears before the Board
and provides clear and convincing evidence that she is competent to safely
practice medicine. The action is based on allegations that Dr. Kern prescribed
numerous medications to herself without having medical records, kept class
three controlled substances in unlocked cabinets, prescribed medication to a
patient without keeping a medical record and was subject to numerous
allegations from former employees as to improper office practices and altering
of medical records.
KHAN, RABIA AWAN, M.D.,
IRVING, TX, Lic. #K4103
On
December 10, 2004, the Board and Dr. Khan entered into an Agreed Order
requiring Dr. Khan to obtain an additional 10 hours of CME in medical
recordkeeping for three years. The action was based on allegations that Dr.
Khan added information to a patient’s chart without properly identifying and
dating the additional information.
KHATAMI, MANOOCHEHR, M.D., DALLAS, TX,
Lic. #F8781
On
April 8, 2005, the Board and Dr. Khatami entered into an Agreed Order requiring
Dr. Khatami to obtain an additional 10 hours of continuing medical education in
the law concerning release of medical records and assessing an administrative
penalty of $1,000. The action was based on allegations Dr. Khatami failed to timely
comply with a request to provide medical records.
KING, CLARENCE GORDON JR., M.D., SAN
ANTONIO, TX, Lic. #E1883
On
April 8, 2005, the Board and Dr. King entered into an Agreed Order assessing an
administrative penalty of $3,000. The action was based on allegations that Dr.
King failed to cause his physician to notify the Board, as required by an
existing board order, that he had prescribed a controlled substance for Dr.
King.
KING, MICHAEL WILLIAM, M.D., PORT ARTHUR,
TX, Lic. #F1709
On
April 8, 2005, the Board and Dr. King entered into an Agreed Order suspending
Dr. King’s license, staying the suspension and placing him on probation for
four years under terms and conditions, including that he undergo a complete
examination by a physician; that he undergo an assessment by the Institute for
Physician Evaluation in Dallas and complete any education recommended by IPE;
that he complete a course in pain management of at least eight hours and appear
before the Board at least once every six months. The action was based on
allegations of nontherapeutic prescribing of controlled substances and failure
to practice medicine in an acceptable professional manner consistent with
public health and welfare.
KLEIMAN, DAVID A., M.D., ARLINGTON, TX,
Lic. #F4167
On
April 8, 2005, the Board and Dr. Kleiman entered into an Agreed Order publicly
reprimanding Dr. Kleiman and assessing an administrative penalty of $25,000.
The action was based on allegations Dr. Kleiman disseminated advertisements
that violated Board rules regarding making claims and representations that are
not subject to substantiation or verification.
KOLLAUS, KENNARD LEE, M.D.,
SEGUIN, TX, Lic. #G8222
On
January 24, 2005, the Board and Dr. Kollaus entered into an Agreed Order
wherein the doctor was publicly reprimanded and assessed a $5,000 penalty. The
action was based on allegations that Dr. Kollaus failed to supervise adequately
advanced practice nurses, including leaving presigned prescription pads in
clinics.
KONDEJEWSKI, RICHARD JOSEPH, M.D., LEAGUE
CITY, TX, Lic. #F0548
On
December 10, 2004, the Board and Dr. Kondejewski entered into an Agreed Order
assessing a $1,000 administrative penalty. The action was based on allegations
that Dr. Kondejewski failed to release medical records in a timely fashion.
KUSMIERZ, ZBIGNIEW, M.D., McALLEN, TX,
Lic. #K9829
On
June 3, 2005, the Board entered into an Agreed Order with Dr. Kuzmierz,
suspending his license, staying the suspension and placing him on probation for
10 years under terms and conditions, including abstinence from drugs and
alcohol, drug and alcohol testing, psychiatric evaluation and treatment,
attendance at Narcotics Anonymous or a similar program, and limitations on his
practice of anesthesiology, including that he not directly dispense or
administer controlled substances to patients or be the only person qualified to
dispense or administer anesthetic drugs present in an operating room. The
action was based on allegations that Dr. Kusmierz abused the drug Fentanyl.
LAKSHMIKANTH, BANGALORE NARAYAN, M.D.,
BROWNSVILLE, TX, Lic. #G4632
On
June 3, 2005, the Board and Dr. Lakshmikanth entered into a two-year Agreed
Order requiring that Dr. Lakshmikanth successfully complete 35 hours of
continuing medical education each year and assessing an administrative penalty
of $5,000. The action was based on allegations that Dr. Lakshmikanth failed to
meet the standard of care in his treatment of a 51/2-year-old patient who
sustained an open fracture of his right forearm at the elbow and who, following
treatment and application of a long-arm cast, developed a life-threatening
infection and required amputation of the arm at the shoulder.
LEA-STOKES, MICHELE JOANNE, M.D., MOUNT
GRETNA, PA, Lic. #G6672
On
April 8, 2005, the Board and Dr. Lea-Stokes entered into a Mediated Agreed
Order requiring that her medical records be monitored for one year; that she
maintain adequate medical records; that she complete an additional 30 hours of
continuing medical education within three years in the areas of risk management
or medical records documentation, treating bipolar disorder and in treating
patients with a history of substance abuse; and assessing an administrative
penalty of $1,000. The action was based on allegations that Dr. Lea-Stokes
failed to meet the standard of care in treating one patient and that her
medical records documentation was inadequate to support the treatment rationale
for that patient.
LEAVITT, LEWIS A. III, M.D.,
HOUSTON, TX, Lic. #F9718
On
February 4, 2005, the Board and Dr. Leavitt entered into an Agreed Order
suspending Dr. Leavitt’s license, but probating the suspension for five years,
issuing a public reprimand, limiting Dr. Leavitt’s prescribing privileges,
requiring 15 hours of CME in ethics for each year of the probation, assessing a
$2,500 administrative penalty, and requiring the doctor to take and pass the
medical jurisprudence examination. The action was based on allegations that Dr.
Leavitt prescribed hydrocodone and benzodiazepine to a family member without
maintaining a medical record.
LeBLANC, MARY MARTHA, M.D., MCALLEN, TX,
Lic. #H4481
On
March 4, 2005, the Board and Dr. LeBlanc entered into an Agreed Order publicly
reprimanding Dr. LeBlanc, suspending her license, staying the suspension and
placing her on probation for five years under terms and conditions, including
that Dr. LeBlanc adequately supervise the activities of all her employees; that
she pass the Medical Jurisprudence Examination within three attempts; and that
she complete a 10-hour course or courses in recordkeeping and risk management.
The order also assessed an administrative penalty of $5,000. The action was
based on allegations that Dr. LeBlanc allowed a member of her staff to engage
in the unauthorized practice of medicine, specifically, that she allowed her
husband, who had a Ph.D. in hypnotherapy, to call himself “Doctor” and to
perform a breast and pelvic exam on a female patient.
LEHANE, DANIEL EDWARD, M.D., HOUSTON, TX,
Lic. #E1650
On
April 8, 2005, the Board and Dr. Lehane entered into an Agreed Order assessing
a $500 penalty. The action was based on allegations that Dr. Lehane failed to
provide medical records on a timely basis.
LEONARD, PHILIP JOSEPH, M.D.,
AUSTIN, TX, Lic. #E8662
On
December 10, 2004, the Board and Dr. Leonard entered into an Agreed Order
restricting Dr. Leonard’s license for 10 years, including a prohibition from
any contact with female patients. The action was based on allegations that Dr.
Leonard made bodily contact of a sexual nature with multiple female patients.
LEWIS, JEFFREY EARL, M.D., HIGHLAND
VILLAGE, TX, Lic. #F8555
On
May 16, 2005, the Board and Dr. Lewis entered into an Agreed Order publicly
reprimanding Dr. Lewis, assessing an administrative penalty of $1,000 and
requiring him to take and pass the Medical Jurisprudence Exam within one year.
The action was based on allegations that Dr. Lewis did not effectively address
a patient’s post-surgery complications.
LIGHT, KEVIN D., D.O., WEATHERFORD, TX,
Lic. #J9162
On
March 4, 2005, the Board entered an Order suspending Dr. Light’s license. The
action was based on allegations that Dr. Light violated his December 13, 2002,
order by ingesting alcohol.
LITTLE, HUGH ROBINSON, M.D., HOUSTON, TX,
Lic. #L8112
On
April 8, 2005, the Board and Dr. Little entered into an Agreed Order whereby
Dr. Little surrendered his license to practice medicine in Texas. The action
was based on Dr. Little’s being relieved of clinical duties as an emergency
department resident at the University of Texas Health Science Center at Houston
based on allegations of academic and behavioral issues.
LONGMIRE, WARREN T. JR., M.D., HITCHCOCK,
TX, Lic. #D0950
On
April 8, 2005, the Board and Dr. Longmire entered into an Agreed Order
requiring Dr. Longmire to complete at least an additional 25 hours of
continuing medical education in the areas of medical recordkeeping,
preventative medicine and care and treatment of difficult patients. The action
was based on allegations that Dr. Longmire failed to meet the standard of care
in regards to colon cancer screening and prostate cancer screening.
MAYS, JEFFRY PATRICK, M.D., BRADY, TX,
Lic. #J7815
On
April 8, 2005, the Board and Dr. Mays entered into an Agreed Order requiring
Dr. Mays to complete, within 12 months, courses in gynecological diseases and
recordkeeping, each to be at least 10 hours and in addition to any other
required continuing medical education, and assessing an administrative penalty
of $3,000. The action was based on allegations that Dr. Mays failed to meet the
standard of care in treating an elderly female patient hospitalized with a
two-year history of vaginal discharge and bleeding for which the patient had
refused to seek medical attention and, separately, that he failed to timely
complete a death certificate.
McBRIDE, JOHN CECIL, M.D., HOUSTON, TX,
Lic. #E2288
On
June 3, 2005, the Board and Dr. McBride entered into an Agreed Order requiring
Dr. McBride to publish three times an advertisement informing his former
patients of his cessation of practice, his current mailing address and the
procedure for his patients to obtain their records. The Agreed Order
additionally assessed an administrative penalty of $500. The action was based
on allegations that Dr. McBride closed his private practice without adequately
informing his patients of the closing or where their records could be obtained,
and without informing the Board of his new address.
McCLELLAN, DAVID MARK, M.D.,
CROSBY, TX, Lic. #G0476
On
December 10, 2004, the Board and Dr. McClellan entered into an Agreed Order
probating Dr. McClellan’s license for 10 years, issuing a public reprimand, and
requiring the presence of a chaperone during examinations of female patients.
The action was based on allegations that Dr. McClellan engaged in boundary
violations.
McCRAE, WILLIAM H., M.D., DALLAS, TX, Lic.
#F0576
On
April 8, 2005, the Board and Dr. McCrae entered into an Agreed Order requiring
Dr. McCrae to maintain a logbook of prescriptions written for dangerous drugs
with addictive potential or potential for abuse and assessing an administrative
penalty of $1,000. The action was based on allegations that Dr. McCrae failed
to manage a patient’s medications in an acceptable professional manner
consistent with public health and welfare.
McDONALD, RUSSELL NEIL, D.O.,
GROVES, TX, Lic. #E8705
On
February 4, 2005, the Board and Dr. McDonald entered into an Agreed Order
requiring Dr. McDonald to complete a 20-hour course concerning intake history
and physicals for weight loss patients. The action was based on allegations
that Dr. McDonald treated a patient with weight loss medications for two months,
with no documentation of a physical examination and no labs ordered prior to
treatment.
McGILL, THOMAS WAYNE, M.D., WOLFFORTH, TX,
Lic. #M0169
On
June 3, 2005, the Board and Dr. McGill entered into an Agreed Order superseding
and extending Dr. McGill’s prior October 8, 2004, Order with the Board for
three years under the same terms and conditions, including that Dr. McGill’s
practice be limited to a group or institutional setting and that he have a
chaperone present during any physical examination of a patient. The June 3,
2005, Agreed Order additionally assessed an administrative penalty of $1,000.
The action was based on a finding that Dr. McGill did not obtain prior written
approval from the Executive Director, as required by the October 8, 2004, Order,
before joining a new group practice.
McGRIFF, LLOYD, M.D., DALLAS, TX, Lic.
#J5403
On
April 8, 2005, the Board and Dr. McGriff entered into an Agreed Order whereby
Dr. McGriff voluntarily and permanently surrendered his Texas medical license.
The action was based on Dr. McGriff’s plea of guilty to Medicare fraud and his
desire not to practice medicine in Texas.
McNUTT, STEVEN SCOTT, M.D., POTTSBORO, TX,
Lic. #L0413
On
April 8, 2005, the Board and Dr. McNutt entered into an Agreed Order requiring
Dr. McNutt to complete an additional 56 hours of continuing medical education
in ethics, risk management and recordkeeping; to pass the Medical Jurisprudence
Examination with a score of 75 within one year; and assessing an administrative
penalty of $4,000. The action was based on allegations Dr. McNutt prescribed
medications, which were necessary and proper, to three members of his office
staff and to his wife, but without creating or maintaining a medical record for
those persons.
McWILLIAMS, ROBERT BARTON, M.D., HOUSTON,
TX, Lic. #H5002
On
April 8, 2005, the Board and Dr. McWilliams entered into an Agreed Order
assessing an administrative penalty of $1,000. The action was based on
allegations that Dr. McWilliams failed to timely comply with requirements for
continuing medical education.
MEHAGAN, YVONNE JO, M.D., CLEBURNE, TX,
Lic. #K5674
On
June 3, 2005, the Board and Dr. Mehagan entered into an Agreed Order requiring
Dr. Mehagan to obtain an additional 35 hours of continuing medical education
per year for two years in the areas of pain management, medical records and
office management, and assessing an administrative penalty of $1,000. The
action was based on allegations Dr. Mehagan did not meet the standard of care
in her treatment of a chronic pain patient.
MEKHAIL, MOUNIR MAHER, M.D., TYLER, TX,
Lic. #H2154
On
April 8, 2005, the Board and Dr. Mekhail entered into an Agreed Order publicly
reprimanding Dr. Mekhail and requiring that he not perform any surgical
procedures in-office or in any nonaccredited hospital or nonaccredited
ambulatory surgery center using narcotic or sedating drugs; allowing him to
perform liposuction procedures only in an accredited ambulatory surgical center
or accredited hospital; and assessing an administrative penalty of $2,500. The
action was based on allegations that Dr. Mekhail did not meet the standard of
care in that he failed, on several occasions, to obtain pre-operative
laboratory work before performing tumescent liposuction procedures and, in one
case, failing to monitor a patient’s hemoglobin or hematocrit during multiple
tumescent liposuction procedures.
MILLS, BILLY GERALD, D.O., MESQUITE, TX,
Lic. #D0716
On
April 8, 2005, the Board and Dr. Mills entered into an Agreed Order whereby Dr.
Mills voluntarily and permanently surrendered his Texas medical license,
requiring him to retire from practice on April 7, 2005. The action was based on
allegations that Dr. Mills failed to meet the standard of care in his treatment
of two patients.
MIRZA, HUMAYUN, M.D.,
HOUSTON, TX, Lic. #L6120
On
December 10, 2004, the Board and Dr. Mirza entered into an Agreed Order
requiring Dr. Mirza to attend a boundaries course, to maintain adequate medical
records, and to pay a $1,000 administrative penalty. The action was based on an
order issued by the New York State Board of Professional Conduct, which placed
Dr. Mirza on probation for three years due to inappropriate conduct with a
patient.
MITCHELL, ROBY DEAN, M.D.,
AMARILLO, TX, Lic. #H4560
On
October 27, 2003, a Temporary Suspension Order was entered suspending Dr.
Mitchell’s license due to evidence that the physician’s continuation in the
practice of medicine would constitute a continuing threat to public welfare.
The Temporary Suspension Order shall remain in full force and effect until such
time as it is superseded by a subsequent Order of the Board. The action was
based on Dr. Mitchell’s failure to comply with his Agreed Order dated April 14,
2003, which required that Dr. Mitchell have his patient records monitored by
another physician.
MOREE, LAMAR HOUSTON JR., M.D., ALBANY,
GA, Lic. #F3249
On
April 8, 2005, the Board and Dr. Moree entered into an Agreed Order assessing
an administrative penalty of $1,000. The action was based on allegations that
Dr. Moree, who practices in Georgia, was disciplined by the Georgia Composite
Board of Medical Examiners for delegating to a physician assistant who had
failed to timely renew his license.
MORAN, WILMER JR., M.D., HOUSTON, TX, Lic.
#E1684
On
June 3, 2005, the Board and Dr. Moran entered into an Agreed Order whereby Dr.
Moran voluntarily surrendered his Texas medical license. The action is based on
Dr. Moran’s admission of his present inability to practice medicine because of
poor health.
MORRIS, DARELD RAY, D.O.,
AMARILLO, TX, Lic. #C8589
On
December 10, 2004, the Board and Dr. Morris entered into an Agreed Order
wherein Dr. Morris surrendered his license. The action was based on Dr. Morris’
physical condition.
MONTOYA-ZERMENO, M. CARMEN, M.D., SAN
ANTONIO, TX, Lic. #G6057
On
April 8, 2005, the Board and Dr. Montoya-Zermeno entered into an Agreed Order
suspending Dr. Montoya-Zermeno’s license until such time as she satisfies the
Board she is physically, mentally and otherwise competent to practice medicine.
The action was based on allegations that Dr. Montoya-Zermeno ingested
hydrocodone and hydromorphone in violation of a prior agreed order of the
Board.
MURPHY, JAMES MARK, M.D., TEXARKANA, TX,
Lic. #G6219
On
March 24, 2005, the Board suspended Dr. Murphy’s license until such time as he
provides sufficient evidence to the Board that he is no longer incarcerated or
serving a prison term and is competent to practice medicine safely. The action
was based on the fact that Dr. Murphy is currently incarcerated in federal
prison in Texarkana.
NAMIREDDY, VASANTH REDDY, M.D., FORT
WORTH, TX, Lic. #H9125
On
June 3, 2005, the Board and Dr. Namireddy entered into a three-year Agreed
Order requiring Dr. Namireddy to attend an additional 50 hours of continuing
medical education in pharmacology, pain management, risk management, practice
management and medical records keeping each year and assessing an
administrative penalty of $3,000. The action was based on allegations that Dr.
Namireddy wrote prescriptions for a person he should have known was an abuser
of the narcotic drugs, controlled substances or dangerous drugs prescribed.
NANDETY, RAO K., M.D., KATY, TX, Lic.
#F2819
On
April 8, 2005, the Board and Dr. Nandety entered into an Agreed Order assessing
an administrative penalty of $500. The action was based on allegations that Dr.
Nandety failed to timely complete all required continuing medical education.
NARANG, HARCHARAN SINGH, M.D.,
HOUSTON, TX, Lic. #L5481
On
February 4, 2005, the Board and Dr. Narang entered into an Agreed Order
assessing a $1,000 administrative penalty. The action was based on allegations
that Dr. Narang failed to provide medical records in a timely fashion.
NATALINO, MICHAEL R., M.D., SAN ANTONIO,
TX, Lic. #F2821
On
April 8, 2005, the Board and Dr. Natalino entered into an Agreed Order suspending
Dr. Natalino’s license, staying the suspension and placing him on probation for
three years under terms and conditions, including requirements that Dr.
Natalino’s practice be monitored by another physician and that he obtain an
additional 20 hours of continuing medical education in documentation. Dr.
Natalino was also assessed a penalty of $5,000. The action was based on
allegations that Dr. Natalino did not meet the standard of care in examining,
diagnosing and treating a patient with pulmonary disease.
OLIVARES, JAIRO RAFAEL, M.D.,
GARLAND, TX, Lic. #J9250
On
December 10, 2004, the Board and Dr. Olivares entered into an Agreed Order
requiring attendance at courses in addictionology and recordkeeping, monitoring
by a Board-approved physician, and paying a $3,000 administrative penalty. The
action was based on allegations that Dr. Olivares engaged in nontherapeutic
prescribing of narcotic medications and erred in a diagnosis. Dr. Olivares
referred a patient to hospice on the assumption the patient suffered from
pancreatic cancer, when the patient actually suffered from chronic
pancreatitis.
OLMSTED, WILLIAM ROBERT, M.D., DALLAS, TX,
Lic. #J1550
On
June 3, 2005, the Board and Dr. Olmsted entered into an Agreed Order assessing
an administrative penalty of $500. The action was based on allegations that Dr.
Olmsted failed to supply requested medical records on a timely basis.
ORONOZ, JOAQUIN FRANCISCO JR., M.D.,
LAREDO, TX, Lic. #K9860
On
December 10, 2004, the Board and Dr. Oronoz entered into an Agreed Order
publicly reprimanding Dr. Oronoz, requiring additional CME hours in ethics and
requiring a year of anger management counseling. The action was based on
allegations that Dr. Oronoz engaged in unprofessional conduct by pushing or
striking a surgical technician.
PARKER, THOMAS STERLING, M.D.,
GEORGETOWN, TX, Lic. #F1884
On
December 10, 2004, the Board and Dr. Parker entered into an Agreed Order
assessing a $1,000 administrative penalty. The action was based on failure to
submit CME documentation, failure to comply with reporting requirements of a
prior board order, and erroneously advertising that he was board certified in
vascular medicine. While Dr. Parker is board certified in Internal Medicine,
the American Board of Medical Specialties does not offer a certification in
vascular medicine. On June 3, 2005, the Board and Dr. Parker entered into an
Agreed Order publicly reprimanding Dr. Parker, requiring him to obtain 25 hours
of ethics through courses or programs approved by the Executive Director of the
Board and assessing an administrative penalty of $2,000. The action was based
on allegations that Dr. Parker abetted the practice of medicine by a company
owned by non-physicians.
PAYNE, DONALD EARL, M.D.,
TYLER, TX, Lic. #C5348
On
December 10, 2004, the Board and Dr. Payne entered into an Agreed Order
assessing a $500 administrative penalty. The actions were based on allegations
that Dr. Payne incorrectly documented a physical examination by stating that
the patient’s genitalia were normal, when in fact Dr. Payne did not examine the
genitalia.
PENA, FRANCISCO I., M.D.,
LAREDO, TX, Lic. #F9107
On
December 10, 2004, the Board and Dr. Pena entered into a 10-year Agreed Order
publicly reprimanding Dr. Pena, ordering the doctor not to practice obstetrics,
not to advertise that he is board certified in family practice, requiring an
additional 20 hours of CME each year he is under order, and requiring the Texas
medical jurisprudence exam.
PENDLETON, MICHAEL JEROME, M.D., CORPUS
CHRISTI, TX, Lic. #L4091
On
December 5, 2004, the Board and Dr. Pendleton entered into an Agreed Order
suspending Dr. Pendleton’s license, probating the suspension and placing Dr.
Pendleton under terms and conditions for five years including abstaining from
alcohol and drugs, submitting to random drug testing, and psychiatric
treatment. The action was based on allegations of intemperate use of alcohol
and drugs.
PEREZCASSAR, JOSE ENRIQUE, M.D.,
ORLANDO, FL, Lic. #H7205
On
December 10, 2004, the Board revoked Dr. Perezcassar’s license. The action was
based on allegations that Dr. Perezcassar intubated a patient when not
medically indicated, failed to do an appropriate medical procedure within the
standard of care on a second patient resulting in hospitalization, and failed
to diagnose a fracture in a third patient resulting in subsequent surgery. Dr.
Perezcassar filed a Motion for Rehearing, which was denied by the Board. The
order dated December 10, 2004, was effective January 20, 2005.
PETERS, ALONZO III, M.D., HOUSTON, TX,
Lic. #F5696
On
April 8, 2005, the Board and Dr. Peters entered into an Agreed Order revoking
Dr. Peters’ medical license. The action was based on allegations that Dr.
Peters violated his existing agreed order by prescribing hydrocodone and
promethazine with multiple refills to patients on a routine basis and by
continuing to treat chronic pain patients in violation of his order.
PIERCE, BILLY DON, M.D.,
WEST, TX, Lic. #C6757
On
February 4, 2005, the Board and Dr. Pierce entered into an Agreed Order
publicly reprimanding Dr. Pierce, requiring successful completion of the
medical jurisprudence examination and 16 hours of CME in medical recordkeeping.
The action was based on allegations that Dr. Pierce failed to maintain a
complete medical record on a patient.
PORRAS, ENRIQUE, M.D., EL PASO, TX, Lic.
#J8346
On
April 8, 2005, the Board and Dr. Porras entered into an Agreed Order requiring
Dr. Porras to complete a course in risk management and assessing an
administrative penalty of $1,000. The action was based on allegations that Dr.
Porras did not adequately communicate with a patient’s family regarding her
care and status.
POWELL, BURRELL EDWIN, M.D.,
CONROE, TX, Lic. #C3175
On
November 15, 2004, the Board and Dr. Powell entered into an Agreed Order
requiring Dr. Powell to maintain adequate medical records, maintain a log book
of all prescriptions, disallowing telephone prescriptions, requiring passage of
the Special Purpose Examinationexam,
and requiring the doctor to seek Board approval if he changes his practice
site. The action was based on allegations that Dr. Powell failed to keep
adequate medical records and engaged in nontherapeutic prescribing. On February
4, 2005, the Board and Dr. Powell entered into an Agreed Order wherein the
Board accepted the voluntary and permanent surrender of Dr. Powell’s license.
The action was based on Dr. Powell’s inability to pass the SPEX and his desire
to retire from the practice of medicine.
PRATER, WILLIAM WARREN, M.D., SAN ANTONIO,
TX, Lic. #F4390
On
June 3, 2005, the Board and Dr. Prater entered into a Mandatory Revocation
Order revoking Dr. Prater’s Texas medical license. The terms and conditions of
his August 17, 1996, Agreed Order required Dr. Prater to abstain from alcohol
unless prescribed by a physician and authorized the Board to automatically
revoke his license upon determination by a Board panel that Dr. Prater had
violated the Agreed Order. The action was based on Dr. Prater’s violation on
November 9, 2004, when he tested positive for alcohol.
RAMIREZ-LAVIN, JAVIER, M.D., McALLEN, TX,
Lic. #F7893
On
June 3, 2005, the Board and Dr. Ramirez-Lavin entered into an Agreed Order
publicly reprimanding Dr. Ramirez-Lavin and assessing an administrative penalty
of $1,000. The action was based on allegations that Dr. Ramirez-Lavin
prematurely halted resuscitation on a newborn that he deemed to be stillborn.
The infant still had a heartbeat and gasping respirations for 30 minutes after
Dr. Ramirez-Lavin’s determination, and ultimately the newborn had normal pulse
and breathing.
RAMIREZ-NIETO, MARIA CRISTINA, M.D.,
HOUSTON, TX, Lic. #J4979
On
June 3, 2005, the Board and Dr. Ramirez-Nieto entered into an Agreed Order
assessing an administrative penalty of $1,000. The action was based on
allegations that Dr. Ramirez-Nieto failed to timely provide requested medical
records.
RAPHAEL, PETER, M.D., PLANO, TX., Lic.
#G8361
On
June 8, 2005, the Board ordered that Dr. Raphael’s Texas medical license be
immediately suspended. The action was based on Dr. Raphael’s failure to comply
with all of the terms and conditions of an Order Dr. Raphael entered into with
the Board on December 12, 2003. Subsequently, and also on June 8, the District
Court of the 353rd Judicial District in Travis County, Texas, entered an Order
denying Dr. Raphael’s application for a temporary restraining order against the
enforcement of the Board’s Order.
RASHID, KHUSRO, M.D., SAN
ANTONIO, TX, Lic. #K4203
On
February 4, 2005, the Board and Dr. Rashid entered into an Agreed Order
suspending Dr. Rashid’s license, but probating the suspension for five years.
The action was based on allegations of disruptive behavior and failure to
properly assess two patients before emergency room treatment.
ROBINSON, HERBERT JOEL, M.D., SAN ANTONIO,
TX, Lic. #D5568
On
June 3, 2005, the Board and Dr. Robinson entered into an Agreed Order assessing
an administrative penalty of $500. The action was based on allegations that Dr.
Robinson failed to timely provide requested medical records.
ROBY, RUSSELL R., M.D.,
AUSTIN, TX, Lic. #E1255
On
December 10, 2004, the Board and Dr. Roby entered into an Agreed Order publicly
reprimanding Dr. Roby, requiring a practice monitor, and requiring Dr. Roby to
present an informed consent for Board approval. The action was based on
allegations that Dr. Roby treated a patient’s bacterial infection with dilute
tetanus toxoid injections without informed consent.
ROGLER-BROWN, TIMOTHY LEE, M.D., SAN
BENITO, TX, Lic. #K6918
On
June 3, 2005, the Board and Dr. Rogler-Brown entered into an Agreed Order
assessing an administrative penalty of $1,000. The action was based on
allegations that Dr. Rogler-Brown used an advertising statement that was false,
misleading or deceptive.
SACHDEV, ATUL KUMAR, M.D., HOUSTON, TX,
Lic. #K1294
On
April 8, 2005, the Board and Dr. Sachdev entered into an Agreed Order
suspending Dr. Sachdev’s license, staying the suspension and placing him on
probation for two years; requiring him to complete a 10-hour course in
recordkeeping and a 10-hour course in infectious diseases, both courses to be
approved by the executive director in advance; requiring his practice to be
monitored by another physician and assessing an administrative penalty of
$5,000. The action was based on allegations that Dr. Sachdev failed to elicit
an adequate history and physical for a patient and that his medical records
were incomplete.
SANDERS, PATRICIA FERN, M.D., LONGVIEW,
TX, Lic. #H4674
On
June 3, 2005, the Board and Dr. Sanders entered into an Agreed Order assessing
an administrative penalty of $1,500. The action is based on allegations that
Dr. Sanders failed to timely provide requested medical records.
SARKAR, SONALI, M.D., HOUSTON, TX, Lic.
#BP20019410
On
June 3, 2005, the Board and Dr. Sarkar entered into an Agreed Order requiring
that if Dr. Sarkar seeks a physician in training permit or a medical license,
she must appear before the Licensure Committee of the Board and provide clear
and convincing evidence that indicates to the satisfaction of the Board that
she is physically, mentally, and otherwise competent to safely practice
medicine. The action was based on allegations that Dr. Sarkar suffers from a
mental illness.
SAUCEDA, FRANCISCO BASIL, M.D., SAN
ANTONIO, TX, Lic. #H8375
On
February 17, 2005, the Board entered an Order temporarily suspending Dr.
Sauceda’s license. The action was based on Dr. Sauceda’s arrest for possession
of cocaine and the subsequent discovery of prescription drugs and syringes in
his vehicle. The action was also based on findings by the Board that Dr.
Sauceda is a known drug abuser who had been under two previous Board orders for
substance abuse.
SCALLY, MICHAEL CHARLES, M.D.,
HOUSTON, TX, Lic. #G0066
On
February 4, 2005, the Board revoked Dr. Scally’s license and assessed an
administrative penalty of $190,000 and transcript costs of $12,809.50. The
action was based upon findings that Dr. Scally prescribed anabolic steroids
without a medical purpose, failed to recognize any errors in his treatment
regime, and maintained inadequate medical records. Dr. Scally filed a Motion
for Rehearing, which was denied by Board. The order dated February 4, 2005, was
final effective March 11, 2005. On April 11, 2005, Dr. Scally filed an appeal
to the 353rd Judicial District Court of Travis County, Austin. On April 8,
2005, the Board and Dr. Scally entered into an Agreed Order publicly
reprimanding Dr. Scally. The action was based on allegations that Dr. Scally
offered monetary incentives to patients to recruit other patients for his
practice. Dr. Scally’s license was revoked in a separate matter on February 4, 2005,
but the Board retained jurisdiction to resolve these allegations.
SCHEFFEY, ERIC HESTON, M.D.,
HOUSTON, TX, Lic. #E6607
On
February 4, 2005, the Board revoked Dr. Scheffey’s license and assessed an
administrative penalty of $845,000 and transcript costs of $9,444.55. The
action was based upon findings that Dr. Scheffey performed 29 unnecessary
surgeries on 11 patients and also failed to report medical malpractice
liability claims. Dr. Scheffey filed a Motion for Rehearing, which was denied
by the Board. The order dated February 4, 2005, was effective March 18, 2005.
Dr. Scheffey appealed to the 126th Judicial District Court, Travis County, on
March 31, 2005.
SEUDEAL, INDAL M., M.D., HARLINGEN, TX,
Lic. #J7664
On
June 3, 2005, the Board and Dr. Seudeal entered into an Agreed Order publicly
reprimanding Dr. Seudeal and requiring him to complete 15 hours of continuing
medical education in recordkeeping; to complete an Advanced Trauma Life Support
(ATLS) Course and obtain ATLS certification; and assessing an administrative
penalty of $3,000. The action was based on allegations that Dr. Seudeal failed
to meet the standard of care in managing a newly quadriplegic patient
recovering from surgery by failing to monitor the patient for deterioration of
function of the lungs, failing to order serial x-rays to assess respiratory
status and failing to order pressure-breathing treatments as part of the
critical care treatment plan.
SHAW, JAMES MILLARD, M.D., LAKEWAY, TX,
Lic. #E1128
On
April 8, 2005, the Board and Dr. Shaw entered into an Agreed Order assessing an
administrative penalty of $1,000. The action was based on allegations that Dr.
Shaw failed to timely complete all required continuing medical education.
SILBERG, LOUISE BARBARA, D.O., EL
PASO, TX, Lic. #J9348
On
February 4, 2005, the Board and Dr. Silberg entered into an Agreed Order
accepting the voluntary and permanent surrender of the doctor’s license. The
action was based on Dr. Silberg’s illness.
SILVA, SERGIO, M.D., AUSTIN, TX, Lic.
#J8773
On
April 8, 2005, the Board and Dr. Silva entered into an Agreed Order assessing
an administrative penalty of $5,000. The action was based on allegations that
Dr. Silva did not respond to a subpoena from the Board for medical records or
to follow-up communication from Board staff.
SMITH, JAMES KIRBY JR., M.D., PORT LAVACA,
TX, Lic. #D6178
On
April 8, 2005, the Board and Dr. Smith entered into an Agreed Order requiring
that Dr. Smith complete five hours of courses in records management and that
his practice be monitored by another physician for a period that allows for
four consecutive quarterly reports. The action was based on allegations that
Dr. Smith failed to inquire about allergies to medication prior to having his
staff give an injection to which the patient was allergic.
SNOW, TASCA DARLENE, M.D.,
AUSTIN, TX, Lic. #L3836
On
December 10, 2004, the Board publicly reprimanded Dr. Snow and placed certain
terms and conditions on her license, specifically requiring that she take and
pass the Medical Jurisprudence Examination within one year, and assessing an
administrative penalty in the amount of $5,000. The action was based on
unprofessional conduct in that Dr. Snow closed and moved her practice without
providing required notice to the Board, terminated patient care without
providing reasonable notice to her patients, and failed to provide a means for
patients to obtain their medical records upon closure of her practice. Dr. Snow
did not file a Motion for Rehearing; therefore the order dated December 10,
2004, is effective on January 10, 2005.
SPEAR, DAVE S., M.D., ODESSA, TX, Lic.
#H9719
On
June 3, 2005, the Board and Dr. Spear entered into an Agreed Order assessing an
administrative penalty of $500. The action was based on allegations that Dr.
Spear, as part of an attempt to implement a telemedicine project in an
underserved area, violated a Board rule prohibiting offering rewards to any
person for securing or soliciting a patient.
STEWART, KERBY JAMES, M.D., AUSTIN, TX,
Lic. #J3623
On
March 14, 2005, the Board entered an Order suspending Dr. Stewart’s license.
The action was based on allegations that Dr. Stewart violated his December 12,
2003, agreed order by drinking alcohol.
STAFFORD, NOVARRO CHARLES, M.D.,
HOUSTON, TX, Lic. #H5072
On
February 4, 2005, the Board and Dr. Stafford entered into an Agreed Order
requiring the doctor to obtain an additional 20 hours of CME each year for two
years in pediatric infectious diseases. The action was based on allegations
that Dr. Stafford overutilized tympanograms.
STUMHOFFER, ROBERT BRIAN, D.O., HOUSTON,
TX, Lic. #H0857
On
June 3, 2005, the Board and Dr. Stumhoffer entered into an Agreed Order
requiring that Dr. Stumhoffer take and pass the Medical Jurisprudence
Examination within one year and subjecting him to terms and conditions for
three years, including that he must obtain 10 hours each of continuing medical
education in medical records and ethics each year and that he not treat,
prescribe for or otherwise serve as a physician for his immediate family. The
action was based on allegations that Dr. Stumhoffer nontherapeutically
prescribed controlled substances to his wife, without keeping a medical record,
and to himself.
SUOMINEN, DAVID, M.D.,
CORINTH, TX, Lic. #J6752
On
February 4, 2005, the Board and Dr. Suominen entered into an Agreed Order
suspending Dr. Suominen’s license, but probating the suspension for 10 years
and assessing a $10,000 administrative penalty. The action was based on
allegations of unprofessional conduct, including misdemeanor criminal conduct,
self-prescribing, and alcohol abuse.
TAYLOR, JILL ANN, D.O.,
KINGWOOD, TX, Lic. #K2296
On
March 23, 2005, the Board and Dr. Taylor entered into an Agreed Order requiring
Dr. Taylor to ensure that all advertisements for her practice conform to all
provisions of Board rules regulating physician advertising and assessing an
administrative penalty of $1,000. The action was based on allegations that Dr.
Taylor’s advertising regarding board certification was false, deceptive and
misleading.
THIRSTRUP, LARRY GOFFREY, M.D.,
DALLAS, TX, Lic. #K4267
On
November 18, 2004, a Temporary Suspension Order was entered suspending Dr.
Thirstrup’s license without notice due to evidence that the physician’s
continuation in the practice of medicine would constitute a continuing threat
to public welfare. The allegations that led to the Temporary Suspension Order
will be the subject of a Temporary Suspension Hearing with notice in the near
future. The Temporary Suspension Order shall remain in full force and effect
until such time as it is superseded by a subsequent Order of the board. The
action was based on allegations of continued abuse of alcohol and drugs.
THOMAS, FRED C., M.D.,
DALLAS, TX, Lic. #G1785
On
December 10, 2004, the Board and Dr. Thomas entered into an Agreed Order
assessing a $1,000 administrative penalty. The action was based on allegations
that Dr. Thomas failed to provide medical records in a timely fashion.
TORRES, RICHARD R., M.D., MESQUITE, TX,
Lic. #K6943
On
June 3, 2005, the Board and Dr. Torres entered into an Agreed Order assessing
an administrative penalty of $2,000. The action was based on allegations that
Dr. Torres failed to obtain the continuing medical education required by a
prior Agreed Order.
TSE, EDWARD KIN-CHOW, M.D., HOUSTON, TX,
Lic. #G4413
On June 3, 2005, the Board and Dr. Tse entered into a three-year Agreed Order
requiring Dr. Tse’s practice to be monitored by another physician and requiring
Dr. Tse to complete an additional 50 hours of continuing medical education each
year. The action was based on allegations that for one patient Dr. Tse
maintained poor medical records, failed to properly evaluate the patient for
chronic pain and overprescribed antibiotics.
TOVAR, WINFRED SCILLA, M.D., DALLAS, TX,
Lic. #BP20015405
On
April 8, 2005, the Board and Dr. Tovar entered into an Agreed Order requiring
Dr. Tovar to undergo psychiatric evaluation and any treatment recommended as a
result of the evaluation and to participate in the activities of Sexaholics
Anonymous. The action was the result of Dr. Tovar’s arrest and deferred
adjudication for public lewdness.
UGARTE, JOSE M., M.D., KINGSVILLE, TX,
Lic. #E3134
On
April 8, 2005, the Board and Dr. Ugarte entered into an Agreed Order assessing
an administrative penalty of $500. The action was based on allegations that Dr.
Ugarte failed to provide requested medical records on a timely basis.
VAGSHENIAN, GREGORY SIMON, M.D.,
AUSTIN, TX, Lic. #J8155
On
October 19, 2004, the Board and Dr. Vagshenian entered into an Agreed Order
restricting Dr. Vagshenian’s license in that he shall not engage in the
practice of medicine that involves direct patient contact or the prescription
of any drugs or medication for any person. Dr. Vagshenian shall limit his
medical practice to administrative non-clinical medicine only. The action was
based upon conviction of the offense of assault on patients in the course of
his practice.
VAZQUEZ-IBARRA, JESUS R., M.D., EL PASO,
TX, Lic. #E4106
On
April 8, 2005, the Board and Dr. Vazquez-Ibarra entered into an Agreed Order
restricting his license for 10 years under terms and conditions, including that
he is prohibited from practicing interventional cardiology or performing
invasive procedures to diagnose and/or treat heart disease; that he must limit
his practice to clinical cardiology; and that he must obtain continuing medical
education in medical record documentation and in caring for difficult patients.
The action was based on allegations that Dr. Vazquez-Ibarra did not meet the
standard of care in treating five patients, failed to maintain adequate medical
records and had his practice privileges restricted by the Del Sol Medical
Center.
WALKER, McDONALD HUGO, M.D., PLANO, TX,
Lic. #F7658
On June 3, 2005, the Board and Dr. Walker entered into an Agreed Order requiring
Dr. Walker to complete 25 hours of continuing medical education in orthopedics,
emergency medicine and medical recordkeeping within one year and assessing an
administrative penalty of $1,000. The action was based on allegations Dr.
Walker failed to meet the standard of care in evaluating an elderly patient who
presented to the emergency room with complaints of left hip pain after a fall
that caused a broken hip.
WALKER, RANDALL DEAN, M.D.,
MAGNOLIA, TX, Lic. #G5744
On
February 4, 2005, the Board and Dr. Walker entered into an Agreed Order
suspending the doctor’s license for a minimum of 18 months. The action was
based on allegations that Dr. Walker ingested alcohol, contrary to the
requirements of a prior agreed order.
WALSS, RODOLFO J., M.D., BROWNSVILLE, TX,
Lic. #J1423
On
June 3, 2005, the Board and Dr. Walss entered into an Agreed Order assessing an
administrative penalty of $500. The action was based on allegations that Dr.
Walss used an advertising statement that was false, misleading or deceptive.
WELLS, DARREL RICHARD, M.D., HUNTSVILLE,
TX, Lic. #F2099
On May 8, 2005, the Board and Dr. Wells entered into an Agreed Order suspending
Dr. Wells’ license, staying the suspension and placing him on probation for as
long as he holds a Texas medical license, requiring him to abstain from the
consumption of alcohol or other drugs, undergo random drug screening, obtain a
forensic psychiatric evaluation, complete a 60-day inpatient program,
participate in Alcoholics Anonymous and comply with the terms and conditions of
his contract with Huntsville Memorial Hospital. The action was based on
allegations of a long history of drug and alcohol abuse with an April, 2004,
relapse of alcohol abuse.
WHEELER, DOUGLAS WAYNE, M.D., PORT NECHES,
TX, Lic. #F8731
On June 3, 2005, the Board and Dr. Wheeler entered into an Agreed Order replacing
and extending an April 2, 2004, Mediated Order. The Agreed Order, as did the
previous Order, suspends Dr. Wheeler’s license, stays the suspension and places
him on probation for five years under terms and conditions, including that he
not practice obstetrics or surgical gynecology, that his practice be monitored
by another physician, that he perform 100 hours of community service each year,
that he complete at least 50 hours of additional continuing medical education
and that he pay a $5,000 administrative penalty. The action was based on
allegations that Dr. Wheeler had not complied with the terms of his April 2,
2004, Mediated Order in that he had not completed the community service nor
paid all of the administrative penalty.
WHITTAKER HILLIARD, YOLANDA LA VERN, M.D.,
SAN ANTONIO, TX, Lic. #F7302
On
June 3, 2005, the Board and Dr. Hilliard entered into an Agreed Order assessing
an administrative penalty of $1,000. The penalty was based on allegations that Dr.
Hilliard failed to release requested medical records on a timely basis.
WHITE, ROBERT FRANK, M.D., MOUNT
VERNON, TX, Lic. #C7159
On
December 10, 2004, the Board and Dr. White entered into an Agreed Order
assessing a $1,000 administrative penalty. The action was based on allegations
that Dr. White did not timely complete his required CME hours.
WILLIAMS, MICHAEL LEE, M.D., PALESTINE,
TX, Lic. #H5995
On April 8, 2005, the Board and Dr. Williams entered into an Agreed Order
requiring Dr. Williams to obtain 10 hours of continuing medical education in
medical recordkeeping; obtain a letter from the Palestine Regional Medical
Center confirming that he has completed the medical records of his patients
admitted to the Center; and assessing a $1,000 administrative penalty. The
action was based on allegations that Dr. Williams failed to timely complete
medical records of patients admitted to Palestine Regional Medical Center and
that his privileges were temporarily suspended by the Center for such failure
to timely complete records.
WILLIAMSON, MARK ALAN, M.D., FRIENDSWOOD,
TX, Lic. #H4855
On
April 8, 2005, the Board and Dr. Williamson entered into an Agreed Order
suspending Dr. Williamson’s license for 90 days beginning July 1, 2005, staying
the suspension after 90 days and placing him on probation under terms and
conditions for 10 years from the date of the order. The terms and conditions
include a five-day inpatient assessment, a limitation of his practice to an
academic setting, abstinence from the consumption of drugs and alcohol,
participation in Alcoholics Anonymous, and continued psychiatric care. The
action was based on allegations of a long history of alcohol and drug abuse by
Dr. Williamson.
XENAKIS, STEPHEN N., M.D., ARLINGTON, VA,
Lic. #G2061
On April 8, 2005, the Board and Dr. Xenakis entered into an Agreed Order assessing
a $1,000 administrative penalty. The action was based on allegations that Dr.
Xenakis failed to provide proof that he completed 12 hours of continuing
medical education, including one hour in ethics.
ZIMMER, GERALD HARWICK III, M.D., ATHENS,
TX, Lic. #J8853
On April 8, 2005, the Board and Dr. Zimmer entered into an Agreed Order publicly
reprimanding Dr. Zimmer and assessing an administrative penalty of $1,000. The
action was based on allegations Dr. Zimmer refused to provide a patient’s
medical records unless additional payment was made for medical services
provided.
Acupuncturists
KAREEM, ASYA, NORTH RICHLAND HILLS, TX, Lic.
#AC00364
On December 10, 2004, the Board and Ms. Kareem entered into an Agreed Order
assessing a $700 administrative penalty. The action was based on violation of a
previous Order of the Board in which Ms. Kareem failed to pass the TSE with a
score of 45 by April 1, 2003.
WILSON, JANIS PIERCE,
LUBBOCK, TX, Lic. #AC00233
On
December 10, 2004, the Board and Ms. Wilson entered into an Agreed Order
suspending Ms. Wilson’s license. The action was based on allegations of
depression and alcohol dependence.
Physician Assistants
CORDOVA, PHILIP FRANK, CANUTILLO, TX, Lic. #PA01727
On
May 20, 2005, the Board of Physician Assistant Examiners and Mr. Cordova
entered into an Agreed Order assessing an administrative penalty of $500. The
action was based on allegations Mr. Cordova failed to report an arrest on his
2003 annual registration.
HARRIS, SHARYN KAY, CANYON LAKE, TX, Lic.
#PA00262
On
May 20, 2005, the Board of Physician Assistant Examiners and Ms. Harris entered
into an Agreed Order assessing an administrative penalty of $500. The action
was based on allegations that Ms. Harris entered a plea of nolo contendere for
driving while intoxicated on a night when she was on telephone call, though not
required to see patients.
HOUSEMAN, THAD WILLIAM, WHITNEY, TX, Lic.
#PA01862
On
March 22, 2005, the Board of Physician Assistant Examiners and Mr. Houseman
entered into an Agreed Order subjecting him to terms and conditions for five
years, including a forensic psychiatric evaluation and treatment as
recommended; abstinence from the consumption of alcohol and drugs; drug and
alcohol testing; limitations on treating family members; and a requirement to
practice only while under the direct supervision of an on-site physician. The
action was based on allegations of prior drug abuse, writing prescriptions in
his name for controlled substances to be taken by his wife, and violation of a
prior agreed order.
NOLEN, JOHN EDWARD, PALESTINE, TX, Lic.
#PA01635
On
May 20, 2005, the Board of Physician Assistant Examiners and Mr. Nolen entered
into an Agreed Order assessing an administrative penalty of $500. The action
was based on allegations Mr. Nolen failed to report an arrest on his license
renewal application.
FERRILL, ANDREW MARTIN, P.A.,
AUSTIN, TX, Lic. #PA02571
On
November 5, 2004, the Board and Mr. Ferrill entered into an Agreed Order in which
Mr. Ferrill voluntarily and permanently surrendered his Texas Physician
Assistant license. The action was based on allegations of Mr. Ferrill’s
intemperate use of drugs.
WEILAND, BONNIE EILEEN, P.A., AMARILLO, TX, Lic.
#PA03649
On
November 5, 2004, the Board and Ms. Weiland entered into an Agreed Order
requiring 10 hours of medical ethics and assessing a $500 administrative
penalty. The action was based upon allegations that Ms. Weiland failed to
perform a history and physical on three occasions while employed at Amarillo
Veterans Administration.
Non-Certified Radiologic Technician
WHITTEN, LEWIS W., DRIPPING SPRINGS, TX, Lic.
#NC00063
On
February 4, 2005, the Board and Mr. Whitten entered into an Agreed Order
wherein the Board accepted the voluntary surrender of his non-certified
radiologic technician’s license. The action was based on allegations that Mr.
Whitten was convicted of a third-degree felony.