Texas
News Release
FOR IMMEDIATE RELEASE
Wednesday, September 10, 2008 *
Media contact: Public
Information Officer Jill Wiggins at jill.wiggins@tmb.state.tx.us or (512)
305-7018.
Medical Board Disciplines 70 Doctors and Issues 700 Physician
Licenses
At its August 27-29
meeting, the Texas Medical Board took disciplinary action against 70 licensed
physicians.
The
actions included 12 violations based on quality of care; six actions based on unprofessional
conduct; three actions based on violation of probation or prior board order; nine
actions based on inadequate medical records violations; five actions based on
impairment due to alcohol or drugs or mental/physical condition; one action
based on non-therapeutic prescribing; one action based on failure to properly
supervise or delegate; five voluntary surrenders; one order modification; two
temporary suspensions and 25* administrative orders based on minimal statutory
violations. In addition, the board issued two cease and desist orders against
unlicensed physicians. At its meeting
July 25, the Texas Physician Assistant Board took action against two physician
assistants.
At its August
27-29 meeting, the Texas Medical Board issued 700 physician licenses, for a
total of 3,621 physician licenses issued in Fiscal Year 2008. (See previous
release at http://www.tmb.state.tx.us/news/press/2008/090808a.php
)
Proposed
Rule Changes
Rule
Review and proposed changes to the following chapters in Title 22 of the Texas
Administrative Code will be published in the Texas Register for comment:
Chapter 165 – Medical Records: Rule Review; 165.1(b)(7) – adds that destruction of records is to be done
to ensure confidentiality of records; 165.5(b)(1) – requires
physicians to allow for the transfer of records to another physician if they
are no longer going to able to see patients; 165.5(d) – amends language such
that any surrender of a license, regardless of whether it is for disciplinary
reasons or not requires that the physician obtain a custodian for the records.
Chapter 169 – Authority of Physicians to Supply Drugs: Rule Review; 169.2 – update of name of Medical Board; 169.7 – update of citation for DPS rules.
Chapter 178 – Complaints: Rule Review; 178.1 – gives statutory authority for chapter.
Chapter 179 – Investigations: Rule Review; 179.1 – gives statutory authority for chapter; 179.4(c)(2)(H)
– adds that probable cause for requesting an evaluation may be based on
statements or actions by a person at a hearing; 179.6 – clarifies that an
investigation may not be completed within 180 days if DPRC or the Board’s
internal QA committee determines further investigation is required.
Chapter 180 – Rehabilitation Orders:
Rule review;
grammatical edits.
Chapter 182 – Use of Experts: Rule review; 182.1 – gives statutory authority for chapter; 182.8 –
clarifies that expert physician reviewers are to be in same specialty as that
declared by licensee.
Chapter 187 – Procedural Rules: Rule review; 187.3 – allows for rules on extensions; 187.4 – grammatical
change; 187.14 – deletion of provisions on admin penalties since inconsistent
with newly adopted rules; 187.18 – clarifies that it’s not only witnesses who
can testify outside the presence of the Respondent but also the complainant,
which is consistent with what we already do; 187.24 – name update of
Medical Board; 187.29 – grammatical correction; 187.59 – adds language to
mirror 2001.081 of the APA; 187.70-.73 – allows for the automatic suspension of
licenses after a hearing based on convictions of certain offenses and not just
based on incarceration and how the suspension may be lifted.
Chapter 190 – Disciplinary Guidelines: Rule review; 190.1 – provides for statutory
authority for chapter; 190.8(1)(J) – clarifies that reasonable notice of
termination of physician-patient relationship is 30 days; (J) termination of
patient care without providing reasonable notice to the patient of at least 30
days or otherwise obtaining the patient's consent to termination of care.
190.14 – amends sanction guidelines for violations that are grounds for admin
penalty orders, such that other sanctions other than the admin penalties are
removed. This covers:
- failure to timely
provide medical records, or overcharging for medical records
- failure to comply
with board subpoena
- conviction of a
misdemeanor
- failure to
obtain/document CME
- failure to report
healthcare liability claim
- failure to notify
of address change
- failure to display
notice concerning complaints
- use of misleading
information in advertising relating to board certification
- submission of
false or misleading statement in initial application or renewal of
license
Chapter 192 – Office-Based Anesthesia: Rule review; 192.2(c)(1)(B)(iv) – deletion of requirement for
premeasured doses of epinephrine, etc. with regard to Level 1 services.
DISCIPLINARY ACTIONS
Open
records
requests for orders may be made to openrecords@tmb.state.tx.us. Media
contact Jill Wiggins at (512) 305-7018 or jill.wiggins@tmb.state.tx.us.
QUALITY OF CARE VIOLATIONS
ATLAS,
RUTH M., M.D., Lic. #G7616,
On August 29, 2008, the Board and Dr. Atlas entered
into an Agreed Order requiring that for two years Dr. Atlas not self-prescribe
or prescribe to family members; not delegate prescriptive authority to
physician assistants or advance practice nurses; have her medical records
reviewed by a physician monitor; take and pass the medical jurisprudence exam
within one year; obtain 10 hours CME in medical record-keeping, and 10 hours
CME in ethics each year (in addition to annual requirements); and pay an
administrative penalty of $2,000. The action was based on Dr. Atlas’
self-prescribing, failure to keep adequate medical records of medications she
was using to self-treat, failure to adequately supervise a member of her staff,
and delegating medical responsibility to a member of her staff who was not
qualified for such responsibility.
BROWN,
JEFFREY JOHN, M.D., Lic. #L4267,
On August 29, 2008, the Board and Dr. Brown entered
into an Agreed Order requiring that he obtain eight hours of CME in intensive
care within one year (in addition to annual requirements) and pay an
administrative penalty of $1,000. The action was based on Dr. Brown’s failure
to meet the standard of care by not reassessing a patient in-person prior to
the patient suffering a “code blue,” despite being contacted that the patient
was having difficulties.
DIMAZANA,
EPIFANIO V., M.D., Lic. #E2188,
On
GARCIA,
JOSEPH EDWARD, M.D., Lic. #H0368,
On August 29, 2008, the Board and Dr. Garcia entered
into an Agreed Order requiring that he obtain 16 hours CME in general surgery
for soft tissue in extremities within one year (in addition to annual
requirements) and pay an administrative penalty of $500. The action was based
on the finding that Dr. Garcia employed a fluoroscopic probing technique in
close proximity to a nerve that resulted in an injury.
HIRSCH,
DAVID M., D.O., Lic. #J3119,
On August 29, 2008, the Board and Dr. Hirsch entered
into an Agreed Order requiring that he obtain 10 hours CME in minimizing risks
associated with medical procedures within one year (in addition to annual
requirements) and pay an administrative penalty of $2,000. The action was based
on Dr. Hirsch’s having administered an injection on the incorrect side of a
patient’s back.
IBONI,
ROLAND D., D.O., Lic. #L7424,
On
August 29, 2008, the Board and Dr. Iboni entered into an Agreed Order requiring
that he obtain eight hours CME in neurological trauma within one year (in
addition to annual requirements) and pay an administrative penalty of $500. The
action was based on his having failed to properly evaluate and diagnose a
subluxation and spinal fracture in a patient.
MYINT,
DANIEL THET, M.D., Lic. #H8550,
On August 29, 2008, the Board and Dr. Myint entered
into an Agreed Order requiring that he obtain 10 hours CME in the diagnosis and
treatment of an acute abdomen in pediatric patients within one year (in
addition to annual requirements) and pay an administrative penalty of $750. The
action was based on Dr. Myint’s failure to promptly refer a child with an acute
abdomen to an emergency room or surgeon for additional evaluation
PECHERO,
RUBEN DANIEL, M.D., Lic. #D4834,
On
On August 29, 2008, the Board and Dr. Salinas
entered into an Agreed Order requiring that he obtain eight hours CME in
psychiatric interviews/evaluations and four hours CME in physician-patient
communication within one year (in addition to annual requirements) and pay an
administrative penalty of $1,000. The action was based on Dr. Salinas having
failed to thoroughly evaluate a patient on the patient’s initial visit.
SKIE,
GREGORY, M.D., Lic. #G5617,
On August 29, 2008, the Board and Dr. Skie entered
into an Agreed Order requiring the following for two years: that a physician
monitor Dr. Skie’s medical records; that within one year of the Order, Dr. Skie
attend 10 hours CME in medical record-keeping and 10 hours CME in ethics (in
addition to annual requirements); and that he pay an administrative penalty of
$2,500. The action was based on Dr. Skie’s failure to adequately document his
prescription and treatment decisions for the care he provided these patients.
SURAPANENI,
VEENA, M.D., Lic. #K6938,
On August 29, 2008, the Board and Dr. Surapaneni
entered into an Agreed Order requiring that Dr. Surapaneni have her medical
records reviewed by a physician monitor for three years and that she obtain 10
hours CME in patient communications and risk management within one year (in
addition to annual requirements). The action was based on Dr. Surapaneni’s
failure to communicate to her staff a known concern for a patient’s acute risk
related to a diabetic condition.
WALLACE,
BRENT HOLMES, M.D., Lic. #F2093,
On
UNPROFESSIONAL CONDUCT VIOLATIONS
HOGAN,
MATTHEW JAMES, M.D., Lic. #H5777,
On
LE BLANC, MARY, M.D., Lic.
#H4481,
On
MIKULECKY,
MICHAEL STEVEN, M.D., Lic. #L6527,
On August 29, 2008, the Board and Dr. Mikulecky
entered into an Agreed Order requiring that he obtain 10 hours CME in ethics
within one year (in addition to annual requirements); pay an administrative
penalty of $2,000; and maintain compliance with the terms and condition of the
Shasta County, California, probation department. The action was based on Dr.
Mikulecky’s
VALADEZ,
JAVIER ARNOLDO, M.D., Lic. #G5719,
On August 29, 2008, the Board and Dr. Valadez
entered into an Agreed Order requiring that he be placed on a five-year
probation, during which he is required to abstain from alcohol and drugs;
submit to random drug screens; attend Alcoholics Anonymous four times per week;
take and pass the medical jurisprudence exam within one year; submit to a
psychiatric evaluation and follow any treatment recommendations; and pay a $5,000
administrative penalty. Dr. Valadez is required to update his Physician Profile
regarding his criminal history within 30 days of the date of the entry of the order.
The action was based on Dr. Valadez’s
arrest for possession of an illegal drug in 2003; his unprofessional conduct in
failing to report the arrest on his license renewal in 2004 and 2005; and his
2007 self-report to the Board of his intemperate use of an illegal drug.
WILLIAMS,
MICHAEL DUANE, M.D., Lic. #E2943,
On
WOODWARD,
JOHN REAGAN, M.D., Lic. #D4884,
On
VIOLATION OF PROBATION OR PRIOR ORDER
CANTU,
DENNIS DAVID, M.D., Lic. #F1430,
On
MILLS,
VIRGINIA M., M.D., Lic. #J2210,
On
WELDON,
BILL E., D.O., Lic. #F4669,
On
INADEQUATE MEDICAL RECORDS
ALONSO,
RAMIRO, M.D., Lic. #D4598,
On
BENSON, ROYAL HENRY III, M.D., Lic. #H0175, Bryan ,
TX
On
CALDWELL,
JODY GREEN, M.D., Lic. #G3409,
On
August 29, 2008, the Board and Dr. Caldwell entered into a Mediated Agreed
Order requiring that she have a physician monitor her charts for one year;
maintain adequate medical records on her patients; attend the University of
California Physician Assessment and Clinical Education (PACE) course in medical
record-keeping within one year; attend 10 hours CME in dermatology within one
year; and pay an administrative penalty of $500. The order was based on Dr.
Caldwell’s failure to document the characteristics of findings, family history,
pertinent positives and negatives, subjective assessments and impressions, or
assessment and treatment plan with regard to a patient who presented with a
cough and scratchy throat, and a skin lesion that was removed and destroyed.
CONTE,
MAURICE S., M.D, Lic. #E7036,
On
FOGEL,
GUY RUTLEDGE, M.D., Lic. #J5322,
On
McMEANS,
PAT MASON, M.D., Lic. #G8916,
On August 29, 2008, the Board and Dr. McMeans
entered into an Agreed Order requiring that he obtain 10 hours CME in medical
record-keeping and 10 hours CME in risk management within one year (in addition
to annual requirements) and pay an administrative penalty of $3,000. The action
was based on Dr. McMeans’ failure to maintain adequate medical record
documentation in the treatment of five weight loss patients.
McNALLY,
On
RAJ,
On
SRIVATHANAKUL,
SURAPHANDHU, M.D., Lic. #E7288,
On
IMPAIRMENT DUE TO ALCOHOL OR DRUGS OR MENTAL/PHYSICAL CONDITION
COLEMAN,
BRENT J., D.O., Lic. #G3241,
On
August 29, 2008, the Board and Dr. Coleman entered into an Agreed Order
requiring that Dr. Coleman obtain an independent medical evaluation and follow
any continuing care and treatment recommendations; abstain from alcohol and drugs
and submit to random alcohol and drug screens; be prohibited from prescribing
or treating himself or his family; be prohibited from prescribing controlled
substances or dangerous drugs to patients except for hospital inpatient
settings; be prohibited from supervising or delegating prescriptive authority
to physician assistants or advance practice nurses; and be subject to quarterly
medical record reviews by a physician monitor. The action was based on Dr.
Coleman’s substance abuse and substance diversion related to the inappropriate
prescription of controlled substances or dangerous drugs to himself.
GREEN,
DEMETRIS ALLEN, M.D., Lic. #J4168, Spring, TX
On
On
SHIPPEL,
ALLAN HENDLEY, M.D., Lic. #G6613,
On
WHITE,
STEPHEN CURTIS, M.D., Lic. #L3183,
On
NONTHERAPEUTIC PRESCRIBING
Effective August 6, 2008, the Board and Dr. Findlay
entered into an Agreed Order requiring the following for two years: that a
physician monitor Dr. Findlay’s medical records and written practice protocols
for chronic pain prescribing; and that Dr. Findlay attend 10 hours CME in pain
management each year (in addition to annual requirements). The action was based
on Dr. Findlay’s failure to meet the standard of care in prescribing narcotics,
failure to observe pain prescription protocols, and failure to keep adequate
medical records of narcotics prescriptions for two patients.
FAILURE TO PROPERLY SUPERVISE OR DELEGATE
SCHNEE,
MARK J., M.D., Lic. #E9392,
On August 29, 2008, the Board and
Dr. Schnee entered into an Agreed Order requiring that Dr. Schnee
institute corrective actions within 30 days to ensure that his employees follow
his written protocols; that he attend eight hours CME in medical record-keeping
and eight hours in risk management within one year (in addition to annual
requirements); and pay an administrative penalty of $2,500. The action was
based on Dr. Schnee’s failure to ensure that a delegate employee followed his
protocol on prescription refills provided to a patient.
VOLUNTARY SURRENDERS
BISHOP,
ROBERT T., M.D., Lic. #C7545,
On
BOHORQUEZ,
JULIO CESAR, M.D., Lic. #F3414,
On
MOORE,
CHARLES THOMAS, M.D., Lic. #E4539,
On
ROX,
AIMEE KATHRYN, M.D., PIT Permit No. BP10026370,
On
SHEEHAN,
VALERIE AGATHA, M.D., Lic. #C5876,
On
ORDER MODIFICATION
SPINKS,
DAVID WAYNE, D.O., Lic. #F4557,
On
TEMPORARY SUSPENSION ORDERS
CRANDALL, DORA BUSBY, M.D., Lic. #G5884, New Braunfels , TX
On
July 31, 2008 ,
a Disciplinary Panel of the Board issued an Order of Temporary Suspension With
Notice of Hearing that temporarily suspended Dr. Crandall’s medical license
after determining that Dr. Crandall’s medical practice was a continuing threat
to the public. The length of the temporary suspension is indefinite and remains
in effect until the Board takes further action. The temporary suspension was
initiated after the Board investigated Dr. Crandall’s treatment practices in 13
patient cases. Due to Dr. Crandall’s failure to properly evaluate the patients,
failure to document physical examinations, failure to appropriately prescribe
medications, and failure to provide medical justifications for numerous
narcotic prescriptions, Dr. Crandall was found to present a continuing threat
to public safety.
MASSEY, CHARLES R. JR., M.D., Lic. # G5341, Fredericksburg , TX
On
ADMINISTRATIVE ORDERS/MINIMAL STATUTORY VIOLATIONS
Twenty-five*
licensees agreed to enter into administrative orders with the Board for minimal
statutory violations.
CEASE AND DESIST ORDERS
GONZALEZ,
JESSICA, M.D.,
On
CARROLL,
DERRICK LYNN, M.D.,
On
PHYSICIAN ASSISTANTS
At its meeting July 25, the Texas Physician
Assistant Board took action against the following physician assistants:
BENTON, FLOYD H., P.A., Lic. No.
PA00039,
Sterling
City , TX
On
FRYDENDALL, VERN RAYMOND, P.A., Lic. No.
PA00081, Abilene , TX
On July
25, 2008 ,
the Board and Mr. Fryedendall entered into an Agreed Order of Voluntary
Surrender whereby Mr. Frydendall voluntarily and permanently surrendered his
license. The Board’s acceptance of this surrender resulted from Mr.
Frydendall’s self-report and concern regarding a medical disability that could
adversely impact his ability to care for future patients. As a result, Mr.
Frydendall chose to retire from practice.
-30-
*
Amended and re-posted