Texas
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IMMEDIATE RELEASE
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contact: Public Information Officer
(512)
305-7018.
Medical
Board Disciplines 88 Doctors and Licenses a Record Number of Physicians
At
its August 23-24 meeting, the Texas Medical Board took disciplinary action
against 88 licensed physicians.
Actions
included 11 violations based on quality of care; seven actions based on
unprofessional conduct; five actions based on violation of probation or prior
board orders; four actions based on inadequate medical records violations;
three actions based on impairment due to alcohol or drugs; three action based
on nontherapeutic prescribing; one action based on inadequate supervision; two
actions based on violations of board rules; seven voluntary surrenders; four
advertising violations; one action based an another state board’s action; one
temporary restriction and 39 minimal statutory violations by 38 physicians. The
board issued two cease and desist orders against unlicensed practitioners.
New
Licenses Issued; Record High Total Number of Licenses Issued
The board issued 980
physician licenses at the August 23-24 meeting. This brings the total number of
physician licenses issued in Fiscal Year 2007 to 3,324, compared to 2,516 for
FY-2006. This was accomplished with additional resources from the 80th
Legislature, along with grant money to allow for hiring temporary workers and
paying overtime, while maintaining the same high standards of evaluation for
licensure applicants, assuring that public protection is maintained by
licensing only qualified applicants to practice medicine in
Rule
Changes Adopted
The board adopted the following rule
changes that were published in the
Chapter 161, General
Provisions, proposed amendments to§161.3, Organization
and Structure, regarding standards of conduct for
Board members, including prohibiting expert testimony by board members in cases
in which a licensee is a party and in which the expert testimony relates to the
standard of care or medical malpractice.
Chapter
176, Health Care Liability Lawsuits and Settlements,
to include rule review and amendments to §176.1 Definitions; §176.2 Reporting
Responsibilities; §176.4 Timeframes and Attachments; §176.6 Penalty;
§176.8 Board Review of Health Care Liability Lawsuits and Settlements;
and §176.9 Reporting Form.
Provides statutory references to Chapter 74 of the Texas Civil Practices
and Remedies Code and Chapters 82 and 1901 of the Insurance Code, and updates
name of Texas Medical Board.
Chapter
181, Contact Lens Prescriptions, to include
rule review and amendments to §181.2 Definitions; §181.3 Release of
Contact Lens Prescription; and §181.6 Physician’s Prescriptions:
Delegation. relating to establishing that the
verification of a contact lens prescription may substitute for an original
signature to create a valid contact lens prescription.
Chapter 191, District
Review Committees, to include rule review of 191.1-191.5, and amendments to
§191.4 Activities and Scope of Authority.
Deletes provision that allows District Review Committee (DRC)
members to evaluate medical competency of physicians under investigation.
Establishes DRC members are allowed to participate in mediation and requires
DRC members to have the same qualifications as expert panel members.
Chapter
194, Non-certified Radiologic Technicians, to include
rule review of 194.1-194.11 and amendments to §194.2 Definitions; §194.3 Registration;
§194.4 Annual Renewal; §194.5 Non-Certified Technician’s Scope of
Practice; §194.6 Suspension, Revocation or Nonrenewal of Registration.
Provides updates regarding the names of the Texas Medical Board and Department
of State Health Services, and clarifies that NCT registrations that are not
renewed within 90 days will be considered expired.
Chapter 197,
Emergency Medical Service, to include rule review §197.1-197.6 and
amendments to §197.1 Purpose; §197.2 Definitions; §197.3 Off-line
Medical Director; and §197.4 On-Line Medical Director. Provides
updates regarding the names of the Texas Medical Board and Department of State
Health Services, requires that EMS medical directors report to the board the
names and license numbers of all emergency medical personnel who work under a
medical director’s supervision, and removes the requirement that on-line physicians be familiar with the capabilities of the
pre-hospital providers, as well as local
Chapter
200, Standards for Physicians Practicing
Complementary and Alternative Medicine, to include rule
review. No
proposed changes.
Proposed Rule Changes Withdrawn
Chapter
172, Temporary Licenses, proposed amendments
to §172.14 Limited License for Practice of Administrative Medicine.
Chapter
182, Use of Experts, proposed new rule §182.9. Selection
of Reviewers in Cases of Utilization, provides
that review of cases regarding the assessment and/or determination of the
medical necessity of treatment will be referred to experts randomly selected
from among those experts who participate in making such decisions for another
individual, entity, or organization.
Chapter
190, Violation Guidelines, sets forth standard procedures
necessary to make a reasoned medical decision in the assessment and/or
determination of the medical necessity of treatment for another individual,
entity, or organization.
Proposed Rules and Rule Review
The following proposed
rules and rule reviews will be published in the Texas Register for
comment, in accordance with §2001.039, Gov’t Code:
Chapter 162,
Supervision of Medical Students, to include changes
in §162.1, relating to supervision of medical students.
Chapter 164, Physician Advertising,
rule review.
Chapter 173, Physician Profiles,
to include changes to §173.1 relating to Profile contents, §173.2, Profile
Update and Correction Form, and §173.5, Updates to the Physician’s
Profile Due To Information Received by a Third Party.
Chapter 196, Voluntary Surrender or Relinquishment
of a Medical License, to include changes to §196.2, Surrender
Associated with Disciplinary Action and §196.3, Surrender Associated
with Impairment.
Chapter 198, Unlicensed Practice,
rule review and proposed amendment to include changes to §198.2, Complaints,
and §193.3, Investigation of Complaints.
Chapter
199, Public Information, rule review and proposed amendments to
include changes to §199.3 relating to Requests for Information; §199.4
relating to Charges for Copies of Public Records,
and amendment to §199.5, Notice of Ownership Interest in a Niche Hospital.
Open
records requests for orders may be made to openrecords@tmb.state.tx.us. Media
contact
DISCIPLINARY ACTIONS
QUALITY OF CARE VIOLATIONS
- CARLSON, DAVID W.,
On - CHANG, JUNE-CHIEH,
M.D.,
On August 24, 2007, the Board and Dr. Chang entered into a three-year Agreed Order requiring that he have his practice monitored by another physician, complete a course in record-keeping, and complete an additional 10 hours of CME in pain management for each year of the order. The action was based on Dr. Chang’s failure to maintain adequate medical records, failure to examine whether treatment followed was effective and if there were any alternatives to that treatment, and inadequate monitoring of medications prescribed.
On- ELDERS, GREGORY J.,
M.D., GRAPEVINE, TX, Lic. #L8677
On August 24, 2007, the Board and Dr. Elders entered into a three-year Agreed Order requiring that Dr. Elder not treat or provide medications to his immediate family or himself, that he maintain a logbook of all prescriptions for controlled substances or dangerous drugs with addictive potential or potential for abuse, and that he complete an eight hour course in medical record-keeping and an eight hour course in ethics/risk management. The action was based on Dr. Elders’ inappropriate prescribing of medications to family members without maintaining medical records. - HOZDIC, RICHARD L.
II, M.D.,
On - MASSEY, WARNER,
M.D., GRAND SALINE, TX, Lic. #D6084
On August 24, 2007, the Board and Dr. Massey entered into an Agreed Order which is an addendum to his February 16, 2007 Order and requires that Dr. Massey complete an additional 10 hours CME per year in pain management, 15 hours CME per year in the areas of psychiatry or psychiatric illnesses, and that he purchase and use a PDA in his regular practice with PDR/medical software installed. The action was based on Dr. Massey’s failure to adequately treat two patients with chronic headaches and anxiety. - MONTELONGO, JUAN
A., M.D.,
On August 24, 2007, the Board and Dr. Montelongo entered into an Agreed Order publicly reprimanding Dr. Montelongo and requiring the completion of 30 hours total in courses related to risk management, pediatric emergencies, and pediatric surgical conditions; passage of the Texas Medical Jurisprudence examination with a score of at least 75 within three attempts; completion of an Advanced Pediatric Life Support Course and Pediatric Life Support certification. The action was based on Dr. Montelongo’s failure to meet the standard of care by sending a child patient, who presented with bowel obstruction and gastroenteritis, to the ICU without obtaining an emergent surgical consultation to evaluate for an acute abdomen as a possible source of sepsis. - PETEREK, WILLIAM,
M.D.,
On - ROJAS, PETER P.,
M.D.,
On - SMITH, JEFFREY S.,
M.D.,
On August 24, 2007, the Board and Dr. Smith entered into a three-year Mediated Agreed Order requiring that Dr. Smith’s practice be monitored by another physician, that he complete a course in spinal surgery of at least 20 hours and a course in medical record-keeping of at least 10 hours, and that he pay an administrative penalty of $3,000. The action was based on Dr. Smith’s not obtaining a discography as part of the pre-operative workup for two patients who underwent interbody fusions, and for pre-operative documentation for a patient that did not consistently document the presence of radiculopathy to substantiate surgical intervention. - WIENER, ISIDORO,
M.D.,
On
UNPROFESSIONAL
CONDUCT VIOLATIONS
On- KERN, SUSAN B.,
M.D., KINGWOOD, TX, Lic. # G6785
On August 24, 2007, the Board and Dr. Kern entered into an Agreed Order requiring that Dr. Kern limit her practice to research medicine and see patients only as part of institutional research and medicine and that she may not prescribe or authorize approval or refills of dangerous drugs. The action was based on allegations that she violated her December 2005 order by prescribing and refilling, on several occasions, controlled substances and dangerous drugs with addictive or abusive potential. - KEY, JAMES D. SR,
M.D.,
On - LINDLEY, HERBERT,
M.D.,
On - MAXWELL, SETH C.,
M.D.,
On - RANA, PUSHPA R.,
M.D.,
On - RAPER,
THOMAS B.,
On
VIOLATION OF PROBATION OR PRIOR ORDER
- DEEP, ANTHONY M.,
M.D.,
On - KHAN, RABIA, M.D.,
On - OKOSE, PETER C.,
M.D.,
On - ORTIZ, AURELIO A.,
M.D.,
On - PATTESON, MORRIS
K., M.D.,
On August 24, 2007, the Board and Dr. Patteson entered into a 10-year Agreed Order requiring that he abstain from consuming prohibited substances, including alcohol and drugs not prescribed for him; participate in the Board’s program for testing for drugs and alcohol; undergo an independent psychiatric evaluation; continue receiving care from his current treating psychiatrist at least once per month for the first year of treatment, and thereafter as requested; participate in the activities of Alcoholics Anonymous at least five times per week; continue to participate in the activities of a county or state medical society committee on physician health and rehabilitation; continue to participate in the Texas Medical Association random drug screening program; not treat immediate family or himself; maintain a log for every prescription written for controlled substances or dangerous drugs with addictive potential or potential for abuse; not have access to controlled substances in his office; and limit his practice to no more than 50 hours per week in a group setting. The action was based on Dr. Patterson’s testing positive for Butalbital and EtG after submitting to a random drug screening.
INADEQUATE MEDICAL RECORDS
- BOND, WILLIAM M.,
M.D.,
On - FRANCIS, ALBERTO,
M.D.,
On - McDONALD, BRUCE B.,
M.D.,
On - VEMURU, RAVIKUMAR,
M.D.,
On
IMPAIRMENT DUE TO ALCOHOL OR DRUGS
- LONGMOOR, CHARLES
E., M.D.,
On August 24, 2007, the Board and Dr. Longmoor entered into a seven-year Agreed Order limiting his practice of medicine to a group or institutional setting; requiring he abstain from the consumption of prohibited substances, participate in the Board’s drug screening program, undergo a 96-hour inpatient evaluation for substance abuse, be treated by a psychiatrist and psychotherapist, attend AA at least five times a week, and pay an administrative penalty of $1,000. The action was based on his intemperate use of alcohol and his 30-day jail sentence for violation of his deferred adjudication agreement related to charges of criminal trespass of a habitation. - SILVA, SERGIO,
M.D.,
On - WRIGHT, MARK L.,
M.D.,
On August 24, 2007, the Board and Dr. Wright entered into a 10-year Agreed Order requiring that Dr. Wright abstain from consuming prohibited substances, including alcohol and drugs not prescribed for him; participate in the Board’s program for testing for drugs and alcohol; continue receiving care from his current treating psychiatrist at least one time every other week in group therapy and once a month on an individual basis; and participate in the activities of Alcoholics Anonymous at least three times per week. The action was based on Dr. Wright’s abuse of alcohol.
NONTHERAPEUTIC PRESCRIBING
- CABANSAG, DEAN A.,
M.D.,
On August 24, 2007, the Board and Dr. Cabansag entered into a three-year Agreed Order requiring that he limit his practice to a group or institutional setting, that he maintain a logbook of all prescriptions written for controlled substances or dangerous drugs with addictive potential or potential for abuse, that his practice be monitored by another physician, that he pass the Special Purpose Examination, that he personally attend and complete 10 hours of ethics and 10 hours of CME in pain management, and that he pay an administrative penalty of $3,000. The action was based on his failure maintain adequate medical records related for patients with intractable pain, and his nontherapeutic prescribing of medications. - GIBSON, DONALD II,
M.D.,
On August 24, 2007, the Board and Dr. Gibson entered into a five-year Agreed Order requiring that Dr. Gibson become familiar with state and federal law pertaining to dangerous drugs and controlled substances, that his practice be monitored by another physician, that he complete 10 hours of CME in medical ethics and medical record-keeping, and that he complete the process of becoming re-certified by the American Board of Internal Medicine. The action was based on Dr. Gibson’s maintenance of inadequate and illegible medical records for patients with intractable pain and his nontherapeutic prescribing of dangerous or addictive drugs. - MANIA, WILLIAM M.,
M.D.,
On
INADEQUATE SUPERVISION OR DELEGATION
- SCHROEDER, VINITA
B., M.D.,
On
VIOLATION OF BOARD RULES
- OLIVENCIA-YURVATI,
ALBERT H., D.O.,
On August 24, 2007, the Board and Dr. Olivencia-Yurvati entered into an Agreed Order assessing an administrative penalty of $5,000 and requiring that the physician research and write a paper suitable for publication regarding the steps to follow in the diagnosis and treatment of esophageal injuries. The action was based on his failure to use proper diligence in his workup of a patient who required esophageal repair after a perforation by the anesthesiologist during a surgical procedure by another physician. - PIGOTT, SHIRLEY P.,
M.D.,
On August 24, 2007, the Board and Dr. Pigott entered into a Mediated Agreed Order requiring that Dr. Pigott obtain 10 hours of CME in the area of medical record keeping, that she submit written office policies relating to the office’s practice and procedure for managing requests for medical records and lab reports, and that she pay an administrative penalty of $500. The action was based on Dr. Pigott’s failure to timely release certain lab tests to a single patient.
VOLUNTARY SURRENDERS
- BLINKOV, ANDREW,
M.D.,
On
On- CONNER, W. KEITH,
D.O.,
On - CREAMER, DICK O.,
M.D.,
On - GORDON, WILLIAM H.
Jr., M.D.,
On - KHAN, NASIM, M.D.,
SPRING, TX, Lic. #G5947
On - MARRACK, DAVID,
M.D.,
On
ADVERTISING VIOLATIONS
- FAM, FATHI G.,
M.D.,
On August 24, 2007, the Board and Dr. Fam entered into an Agreed Order requiring that he complete 20 hours of CME in medical ethics, that he maintain his web site and printed materials related to skin care classes and services in compliance with Board rules and the he pay a $5,000 administrative penalty. The action was based on his publications of advertisements that contained statements that were confusing, misleading and not readily subject to verification. - TRIGO, LUIS C. III,
M.D.,
On August 24, 2007, the Board and Dr. Trigo entered into an Agreed Order requiring that Dr. Trigo complete eight hours of ethics, that he complete an office management audit, that he revise his CV and office brochure to remove any and all false and/or misleading statements, and that he pay an administrative penalty of $1,000. The action was based on his use of misleading advertisements and his failure to adequately supervise those working under his direction. - TYLOCK, GARY R.,
M.D.,
On - ROBY, RUSSELL R.,
M.D.,
On August 24, 2007, the Board and Dr. Roby entered into a four-year Agreed Order requiring that Dr. Roby provide certain information to the public in all advertisements and print media; that his practice be monitored by another physician; that he successfully complete the medical record-keeping course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program, or an approved equivalent program; that he complete six hours of CME in ethics; that he not treat any patient with thyroid therapy; that he maintain a logbook for each patient of all antigen injections given to that patient; that he provide copies of all proposed clinical studies research projects, IRB proposals, phase 1 and 2 studies/results, and any on-going or proposed research projects; and that he pay a $15,000 administrative penalty. The action was based on misleading advertising about “hormone neutralization therapy.”
- DEAN, PATRICK J., M.D.,
On
TEMPORARY RESTRICTION OR SUSPENSION
- WOODWARD, JOHN R.,
M.D.,
On
CEASE AND DESIST ORDERS
The 80th Legislature gave the Texas Medical
Board the authority to issue cease-and-desist orders in cases where it finds
the unlicensed practice of medicine, and the following orders were issued in
accordance with the legislation and with Board Rule Chapter 198, Unlicensed
Practice.
On
On August 24, 2007, the Board and Charles
Richter entered into an Agreed Cease and Desist Order, requiring that Mr.
Richter cease and desist any practice of medicine in the state of Texas,
effective August 7, 2007. The action was based
on his holding himself out as a physician and treating several patients
diagnosed with cancer even though Mr. Richter is not licensed to practice
medicine in
MINIMAL STATUTORY VIOLATIONS
The following
licensees agreed to enter into orders with the Board for minimal statutory
violations:
Hyde, Gregory E., M.D.,
Aguirre, Marisa L., M.D.,
Albertson, Gary R., D.O.,
Arroyo, Carlos, M.D.,
Berman, John, M.D.,
Black, William H., M.D., The
Colony, TX, Lic. #H3980
Bradley, Dale J., D.O.,
Douglas, Howard Thomas III, M.D.,
Edwards, Robert L., M.D.,
Garcia, Jesse, G., M.D.,
Giessel, Barton E., M.D.,
Guitierrez, Carlos A., M.D.,
Hurly, James M., M.D.,
Hyde, Gregory E., M.D.,
Ilahi, Arifa, M.D.,
Joglar, Jeanne M., M.D,
Johnson, Harold E., D.O.,
Johnson, Jerry K., M.D., White Oak, TX, Lic.
#E6442
Kaminsky, Robert I., M.D.,
Lambert, Robert M., M.D.,
Leeah, Benjamin, M.D.,
Kohn, Bernadette G., D.O.,
Major-Kincade, Terri Lynn, M.D.,
McNutt, Steven S., M.D.,
Mosig, David A., D.O.,
Parikh, Ramesh R., M.D.,
Peden, Eric K, M.D.,
Pfeiffer, Ralph B., M.D.,
Pharo, Arlette N., D.O.,
Safarimaryaki, Shahrokh, M.D.,
Sekhavat, Abbass, M.D.,
Shimer, Andrew T., M.D.,
Van de Water, Susan D., M.D.,
Venegas, Eric J., M.D.,
Williams, William G., M.D.,
Zhou, Larry L., M.D., Prospect, KY, Lic. #K8866
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The
Texas Medical Board, the state agency that regulates physicians, physician
assistants, surgical assistants and acupuncturists, provides consumer
protection through licensure, investigation and disciplinary action. The Board,
under President Roberta M. Kalafut, D.O., and Executive Director Donald W.
Patrick, M.D., J.D., and mandated by Senate Bill 104 of the 78th Legislature
and S.B. 419 of the 79th Legislature, is strengthening and accelerating the
disciplinary process for licensees who fail to meet the required standards of
professional proficiency and behavior. Information on filing a complaint is on
the agency web site at www.tmb.state.tx.us
or by calling (800) 201-9353.