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MINUTES OF THE PUBLIC BOARD MEETING OF THE ARIZONA BOARD ... Flipbook PDF
B. Welcome to the Medical Students – Arizona College of Osteopathic Medicine at Midwestern University, the Kirksville Co
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ARIZONA BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY 9535 EAST DOUBLETREE RANCH ROAD SCOTTSDALE, ARIZONA 85258 PH (480) 657-7703 | FX (480) 657-7715 www.azdo.gov | [email protected]
Board Members Scott Steingard, D.O., Pres Douglas Cunningham, D.O., V.P. Mary Ann Picardo, D.O. Jon B. Fiegen, J.D. Michael P. Ward, D.O. Jerry G. Landau, J.D. Vas Sabeeh, D.O.
Governor
Executive Director
Janice K. Brewer
Jenna Jones
MINUTES OF THE PUBLIC BOARD MEETING OF THE ARIZONA BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY Saturday, May 19, 2012 BOARD MEMBERS PRESENT:
President Scott Steingard, D.O. Vice President Douglas Cunningham, D.O. Jon B. Fiegen, J.D. Mary Ann Picardo, D.O. Jerry G. Landau, J.D. Michael P. Ward, D.O. Vas Sabeeh, D.O.
STAFF / OTHERS PRESENT:
Jenna Jones, Executive Director Barbara Meyers, Deputy Director Barbara Prah, D.O., Board Medical Consultant Kathy Fowkes, Licensing Administrator Marc Ollison, Admin Assistant Anne Froedge, Assistant Attorney General Mary L. Davis, RPR, Certified Court Reporter, Ottmar & Associates
1.
CALL TO ORDER The Board President, Dr. Scott Steingard, called the meeting to order at 8:07 a.m.
2.
ROLL CALL AND REVIEW OF AGENDA The Executive Director took the roll. All Board Members were present, establishing quorum for the meeting. The Executive Director reviewed the agenda.
3.
CALL TO THE PUBLIC A.
Dr. Steingard welcomed the new Executive Director, Jenna Jones.
B.
Welcome to the Medical Students – Arizona College of Osteopathic Medicine at Midwestern University, the Kirksville College of Osteopathic Medicine, and School Osteopathic Medicine Arizona at A.T. Still University.
C.
The Board’s custom is to ask members of the public to speak when the agenda item of interest to the person is called. If you want to address the Board on an issue not on the agenda, you will be asked to speak prior to the adjournment. All people wishing to speak should fill out a speaker form and give it to a staff member.
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 2 of 10
4.
REVIEW, CONSIDERATION AND APPROVAL OF MINUTES March 24, 2012 Open Session Minutes
MOTION: Dr. Picardo moved to accept the minutes. Dr. Cunningham seconded. VOICE VOTE: Motion passed 7-0. March 24, 2012 Executive Session Minutes
MOTION: Mr. Landau moved to accept the minutes. Dr. Picardo seconded. VOICE VOTE: Motion passed 7-0. REVIEW, DISCUSSION, AND ACTION ON CASE REVIEWS OF ALLEGATIONS OF UNPROFESSIONAL CONDUCT A.R.S. § 32-1855 (C through F). Case Reviews Eunlee Chung, DO
Case No. DO-10-0121A
License No. 4662
Dr. Chung was present with attorney Steve Myers. The Complainant was also present. The Medical Consultant reviewed the case. Dr. Chung answered the Board’s questions. The Complainant addressed the Board. The Board discussed the case. The Board advised staff to refer this matter to the Arizona Medical Board regarding the ER doctor and cardiologist.
Dr. Sabeeh
X
Mr. Landau
ABSTAIN/RECUSE ABSENT
0 0
X
Dr. Ward
X
Mr. Fiegen
3 4
Dr. Picardo
YES NO
Dr. Cunningham
Dr. Steingard
MOTION: Dr. Picardo moved for DISMISSAL. Dr. Cunningham seconded. ROLL CALL VOTE: Motion failed 4-3.
Vote
X X
X
X
NO ABSTAIN/RECUSE ABSENT
4 3
X
X
Dr. Sabeeh
Mr. Landau
X
Dr. Ward
X
X
Mr. Fiegen
Dr. Picardo
YES
Dr. Cunningham
MOTION: Dr. Ward moved for a LETTER OF CONCERN for failure to order necessary tests, and failure to adequately review patient records. ROLL CALL VOTE: Motion passed 4-3.
Dr. Steingard
A.
Vote
5.
X X
0 0 2
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 3 of 10
B.
Paul Geimer, DO
Case No. DO-11-0060A
License No. 1509
Dr. Geimer nor the Complainant were present. The Complainant’s attorney Nic Vakula was present. The Medical Consultant reviewed the case. Mr. Vakula addressed the Board.
NO ABSTAIN/RECUSE ABSENT
C.
X
X
Dr. Sabeeh
X
Mr. Landau
Mr. Fiegen
X
Dr. Ward
Dr. Picardo
5 2
Dr. Cunningham
YES
Dr. Steingard
Vote
MOTION: Dr. Ward moved for DISMISSAL. Dr. Sabeeh seconded. ROLL CALL VOTE: Motion passed 5-2
X
X
X
0 0
E. Griffin Cipolla, DO
Case No. DO-10-0029A
License No. 2811
Dr. Cipolla was present with attorney Fred Cummings. The Medical Consultant reviewed the case. Dr. Cunningham recused himself from the case. The Board recessed to Executive Session at 9:33 a.m. for legal advice and resumed Open Session at 9:40 a.m. Dr. Cipolla answered the Board’s questions. The Board directed staff to obtain the protocol for the use of gloves for genital exams and to contact Respondent’s preceptors regarding protocol taught for the use of gloves. MOTION: Mr. Landau moved that this case be heard at an Investigative Hearing. Dr. Sabeeh seconded. VOICE VOTE: Motion passed 6-0. Reviews of Executive Director Dismissals: Thomas Kotoske, DO
Case No. DO-11-0173A
License No. 3065
Dr. Kotoske was not present. The Complainant was present. The Medical Consultant reviewed the case. The Complainant answered the Board’s questions, and the Board discussed the case.
ABSTAIN/RECUSE ABSENT
X
X
X
X
X
Dr. Sabeeh
Mr. Fiegen
X
Mr. Landau
Dr. Picardo
7
Dr. Ward
Dr. Cunningham
YES NO
Dr. Steingard
MOTION: Dr. Picardo moved to uphold the Executive Director DISMISSAL. Dr. Cunningham seconded. ROLL CALL VOTE: Motion passed 7-0.
Vote
A.
X
0 0 0 3
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 4 of 10
REVIEW, DISCUSSION AND ACTION ON INVESTIGATIVE HEARINGS PURSUANT TO A.R.S. § 32-1855(E) ONLY. A.
Brian Page, DO
Case No. DO-10-0082A
License No. 3416
Dr. Page was present with attorney Teresita T. Mercado and was sworn in. The Medical Consultant reviewed the case. Dr. Page answered all questions posed by the Board.
B.
Dr. Picardo
Mr. Fiegen
X
X
X
X
NO ABSTAIN/RECUSE
0 0
ABSENT
0
Brian Page, DO
X
X
Dr. Sabeeh
Dr. Cunningham
7
Mr. Landau
Dr. Steingard
YES
Dr. Ward
Vote
MOTION: Dr. Cunningham moved for a DISMISSAL. Dr. Picardo seconded. ROLL CALL VOTE: Motion passed 7-0.
X
Case No. DO-10-0102A
License No. 3416
Dr. Page was present with attorney Teresita T. Mercado and was sworn in. The Deputy Director reviewed the case. Dr. Page answered all questions posed by the Board.
NO ABSTAIN/RECUSE ABSENT
X
X
X
Dr. Sabeeh
X
Mr. Landau
Mr. Fiegen
X
Dr. Ward
Dr. Picardo
5 2
Dr. Cunningham
YES
Dr. Steingard
MOTION: Dr. Cunningham moved for a DISMISSAL. Dr. Sabeeh seconded. ROLL CALL VOTE: Motion passed 5-2.
Vote
6.
X
X
0 0
The Board recessed for a short break at 10:30 a.m. and returned to Open Session at 10:44 a.m. C.
Denise Viola, DO
Case No. DO-11-0052A
License No. 4819
Dr. Viola was present with attorney Tom Slutes and was sworn in. The Medical Consultant reviewed the case. Dr. Viola answered the Board’s questions. The complainant was present with her husband. They were sworn in by the court reporter, and answered the Board’s questions. Board recessed to Executive Session for legal advice at 10:50 am and returned to Open Session at 10:55 am.
4
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 5 of 10
D.
ABSENT
0
X
X
X
Bart Eng, DO
Dr. Sabeeh
X
Mr. Landau
X
2 0
Dr. Ward
Dr. Cunningham
5
NO ABSTAIN/RECUSE
Mr. Fiegen
Dr. Steingard
YES
Dr. Picardo
Vote
MOTION: Dr. Steingard moved for a LETTER OF CONCERN for lack of documentation in the medical records, and ten (10) hours CONTINUING MEDICAL EDUCATION in the area of record keeping to be approved by the Executive Director to be completed within six (6) months in addition to the statutory requirements. Dr. Cunningham seconded. ROLL CALL VOTE: Motion passed 5-2.
X
X
Case No. DO-10-0135A
License No. 1776
Dr. Eng was present and was sworn in by the court reporter. The Medical Consultant reviewed the case. Dr. Eng answered the Board’s questions.
NO ABSTAIN/RECUSE ABSENT
E.
Christine Brass-Jones, DO
X
X
Dr. Sabeeh
X
Mr. Landau
X
Dr. Ward
X
Mr. Fiegen
Dr. Picardo
6 1
Dr. Cunningham
YES
Dr. Steingard
Vote
MOTION: Dr. Ward moved for DISMISSAL. Dr. Cunningham seconded. ROLL CALL VOTE: Motion passed 6-1.
X
X
0 0
Case No. DO-09-0064A
License No. 3135
Dr. Brass-Jones was present with attorney Michael R. Golder and was sworn in. The Medical Consultant reviewed the Outside Specialist Reviewer’s report. Dr. Brass-Jones answered the Board’s questions. The Outside Specialist Reviewer, Arlene England, DO, was present and sworn in. At the Board’s request, Dr. England provided a detailed review of standard of care for labor and delivery including fetal monitoring. Dr. England answered the Board’s questions. MOTION: Dr. Picardo moved for a DISMISSAL. Mr. Landau seconded. ROLL CALL VOTE: Motion failed 5-2.
5
ABSTAIN/RECUSE ABSENT
X
Dr. Sabeeh
X
X
Mr. Landau
X
Dr. Ward
5 0
Mr. Fiegen
X
2
Dr. Picardo
Dr. Cunningham
YES NO
Dr. Steingard
Vote
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 6 of 10
X X
0
0 0
X
X
Dr. Sabeeh
X
Mr. Landau
Dr. Picardo
X
Dr. Ward
ABSTAIN/RECUSE ABSENT
X
Mr. Fiegen
5 2
Dr. Cunningham
YES NO
Dr. Steingard
Vote
MOTION: Dr. Sabeeh moved for a LETTER OF CONCERN for failure to recognize fetal distress and for Respondent to obtain 10 hours CONTINUING MEDICAL EDUCATION in the area of fetal monitoring to be completed in six months in addition to the statutory requirements. Dr. Cunningham seconded. ROLL CALL VOTE: Motion passed 5-2.
X X
The Board recessed for Lunch at 12:40 pm and returned to Open Session at 1:19 pm. Richard Settles, DO
Case No. DO-10-0061A
License No. 2686
Dr. Settles was present with attorney Brenda Shafer and was sworn in by the court reporter. The Medical Consultant reviewed the case. The attorney addressed the Board. The Board recessed to Executive Session at 1:40 pm for the purpose of obtaining legal advice and returned to Open Session at 2:07 pm.
ABSTAIN/RECUSE ABSENT
X
X
X
X
X
Dr. Sabeeh
Mr. Fiegen
X
Mr. Landau
Dr. Picardo
7
Dr. Ward
Dr. Cunningham
YES NO
Dr. Steingard
MOTION: Dr. Ward moved for findings of Unprofessional Conduct, which are violations of A.R.S. §321854(6) and (38). ROLL CALL VOTE: Motion passed 7-0
Vote
F.
X
0 0 0
MOTION: Dr. Ward requested to amend his motion. Dr Cunningham seconded. VOICE VOTE: Motion passed 7-0 6
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 7 of 10
MOTION: Dr. Ward moved for finding of UNPROFESSIONAL CONDUCT, to include violations of A.R.S. §32-1854(6) and (38). The respondent fell below the standard of care, as noted as concerns in the Medical Consultant’s reports dated Feb 4, 2012 as well as June 29, 2010: • Prescribing excessive controlled substances to chronic pain patients • Pharmacy inquiries and drug screens were ignored in patients that were clearly diverting, and • Respondent failed to: o stop prescribing controlled substances for patients that had overdosed; o recognize drug seeking behavior in patients; o request prior medical records; o obtain appropriate laboratory testing; o conduct a physical exam in at least one patient; o obtain consultations; o follow the directions of specialists or recommendations when consultations were obtained. • The respondent fell below the standard of care by failing to conduct an adequate medical evaluation prior to initiating treatment with testosterone. The aforementioned behavior resulted in the respondent practicing medicine in a manner that harmed or had potential to harm patients and fell below the community standard as noted in the Medical Consultant’s reports, and further this conduct endangered a patient or the public’s health. Dr. Cunningham seconded.
Dr. Picardo
Mr. Fiegen
X
X
X
X
NO ABSTAIN/RECUSE
0 0
ABSENT
0
X
X
Dr. Sabeeh
Dr. Cunningham
7
Mr. Landau
Dr. Steingard
YES
Dr. Ward
Vote
ROLL CALL VOTE: Motion passed 7-0.
X
MOTION: Dr. Ward moved for a Summary Suspension and referral to formal hearing for the purpose of Revocation. The motion was not seconded. The Board recessed to Executive Session at 2:42 pm for the purpose of obtaining legal advice and returned to Open Session at 2:49 pm. Dr. Ward withdrew his Motion. MOTION: Dr. Ward moved for: • a DECREE OF CENSURE, • Restriction from prescribing or recommending Schedule I, II, III and IV controlled substances for a period of 2 years, • Restriction from providing chronic pain management or supervising Physician Assistants until otherwise approved by the Board and • PROBATION for a period of 5 years to include the following terms: o a Board approved practice evaluation to be completed at the cost of the physician within 6 months, o thereafter a Board approved practice monitor at the cost of the physician to ensure that: the physician is meeting all statutory requirements obtaining adequate histories 7
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 8 of 10
• •
performing appropriate physical exams obtaining appropriate laboratory testing and imaging instituting the community standard of care obtaining appropriate consultations and to report to the Board quarterly CIVIL PENALTY of $500 per each statutory violation to be paid within 90 days. The respondent will bear all costs associated with the terms of probation.
Dr. Cunningham seconded.
NO ABSTAIN/RECUSE ABSENT
X
X
X
Dr. Sabeeh
X
Mr. Landau
Mr. Fiegen
X
Dr. Ward
Dr. Picardo
X
X
0 0
Jeffrey Proudfoot, DO
Case No. DO-10-0076A
License No. 2668
Dr. Proudfoot was present and was sworn in. The Medical Consultant reviewed the case. Dr. Proudfoot answered the Board’s questions. The Complainant and her son were present. Both the complainant and her son were sworn in by the court reporter. The Complainant addressed the Board and answered the Board’s questions. The Board instructed staff to refer this case to the Arizona Medical Board regarding the hospitalist.
YES NO
2 5
ABSTAIN/RECUSE ABSENT
0 0
X X
X
X
Dr. Sabeeh
Mr. Landau
Dr. Ward
Mr. Fiegen
Dr. Picardo
Dr. Cunningham
Dr. Steingard
MOTION: Dr. Ward moved for a LETTER OF CONCERN for failing to perform an adequate and complete neurological examination. Mr. Fiegen seconded. ROLL CALL VOTE: Motion failed 5-2.
Vote
G.
7 0
Dr. Cunningham
YES
Dr. Steingard
Vote
ROLL CALL VOTE: Motion passed 7-0.
X X
X
MOTION: Dr. Picardo moved for a DISMISSAL. Dr. Cunningham seconded. ROLL CALL VOTE: Motion passed 5-2.
8
ABSTAIN/RECUSE ABSENT
H.
X X
X
X
Dr. Sabeeh
X
Mr. Landau
Dr. Picardo
X
2 0
Dr. Ward
Dr. Cunningham
5
Mr. Fiegen
Dr. Steingard
YES NO
Vote
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 9 of 10
X
0
David Orringer, DO
Case No. DO-11-0027A
License No. 4568
Dr. Orringer was present and was sworn in by the court reporter. The Medical Consultant reviewed the case. Dr. Orringer answered the Board’s questions. The Board recessed to Executive Session at 4:41 pm for the purpose of obtaining legal advice and returned to Open Session at 4:54 pm. MOTION: Dr. Steingard moved that the case be continued for further investigation including, but not limited to, a PACE or CPEP evaluation at the cost of the Respondent, and a minimum of a 15-chart review of aesthetic and cosmetic patients, opioid prescribing. In addition he requested a review of all postgraduate training. Mr. Landau seconded. VOICE VOTE: Motion passed 7-0. The Board President, Dr. Steingard, dismissed the medical students. I
Kenneth Pettit, DO
Case No. DO-10-0158A
License No. 3344
Dr. Pettit was present with attorney Pete Fisher and was sworn in by the court reporter. The Medical Consultant reviewed the case. Dr. Pettit answered the Board’s questions. MOTION: Dr. Ward moved for non-disciplinary CONTINUING MEDICAL EDUCATION in the amount of 10 hours split equally between chronic pain management and boundary issues to be completed in six months. Mr. Landau seconded. VOICE VOTE: Motion passed 7-0. J.
Sophia Fountis, DO
Case No. DO-11-0118A
License No. 2689
Mr. Landau recused himself from this case. Dr. Fountis was present with attorney Andrew Rosenzweig and was sworn in by the court reporter. The Deputy Director reviewed the case. Dr. Fountis answered the Board’s questions. MOTION: Dr. Steingard moved for DISMISSAL. Dr. Cunningham seconded. VOICE VOTE: Motion passed 6-1.
7.
REVIEW, DISCUSSION AND ACTION ON PROPOSAL FOR TRAINING PROGRAM PURSUANT TO R4-22-110 (A)(4) and (B) A.
Request for approval of training program for medical assistants from Mark C. Carnett, DO MOTION: Dr. Picardo moved to refer this matter to the Commission on Accreditation of Allied Health Education Programs (CAAHEP) and the American Association of Medical Assistants. Dr. Ward seconded. VOICE VOTE: Motion passed 7-0. 9
8.
AZ Board of Osteopathic Examiners in Medicine and Surgery Board Meeting Minutes for May 19, 2012 Page 10 of 10
REPORTS FROM EXECUTIVE DIRECTOR, BOARD MEMBERS, and ASST ATTORNEY GENERAL A.
Report on ED Dismissed Complaints th
Ms. Jones reported 12 cases have been dismissed since the March 24 meeting. B.
President & Board Member reports Dr. Steingard gave a brief update on the FSMB meeting and that Mr. Landau has been elected to the nominating committee.
C.
Update on Legislation No report was given.
Meeting adjourned at 6:14 p.m.
10
ARIZONA BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY 9535 EAST DOUBLETREE RANCH ROAD SCOTTSDALE, ARIZONA 85258 PH (480) 657-7703 | FX (480) 657-7715 www.azdo.gov | [email protected]
Board Members Scott Steingard, D.O., Pres Douglas Cunningham, D.O., V.P. Mary Ann Picardo, D.O. Jon B. Fiegen, J.D. Michael P. Ward, D.O. Jerry G. Landau, J.D. Vas Sabeeh, D.O.
Governor
Executive Director
Janice K. Brewer
Jenna Jones
MINUTES OF THE PUBLIC BOARD MEETING OF THE ARIZONA BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY Saturday, May 19, 2012 BOARD MEMBERS PRESENT:
President Scott Steingard, D.O. Vice President Douglas Cunningham, D.O. Jon B. Fiegen, J.D. Mary Ann Picardo, D.O. Jerry G. Landau, J.D. Michael P. Ward, D.O. Vas Sabeeh, D.O.
STAFF / OTHERS PRESENT:
Jenna Jones, Executive Director Barbara Meyers, Deputy Director Kathy Fowkes, Licensing Administrator Anne Froedge, Assistant Attorney General
1.
CALL TO ORDER The Board President, Dr. Scott Steingard, called the meeting to order at 6:14 p.m.
2.
ROLL CALL AND REVIEW OF AGENDA The Executive Director took the roll. All Board Members were present, establishing quorum for the meeting. The Executive Director reviewed the agenda.
3.
REPORTS FROM EXECUTIVE DIRECTOR, BOARD MEMBERS, AND ASST ATTORNEY GENERAL A.
Report on renewals 2011-2012 (FY12) No report was given.
B.
Asst. Attorney General’s report on Lynne Pirie, DO/Case No. DO-08-4058 Ms. Froedge informed the Board that the Superior Court upheld the revocation of license number 1878 issued to Lynne Pirie, DO.
C.
Letter from Leon Cattolico, DO. Dr. Cattolico has asked the Board to encourage use of the Prescription Monitoring Program.
D.
Consideration of committee to update pain management guidelines. The committee will be asked to convene and begin work as the new guidelines are out. 1
H.
ED Report on AIM and FSMB meetings (April 25-28, 2012) There was no discussion of the report.
9.
ADJOURNMENT The meeting adjourned at 6:28 pm.
2