Wednesday, April 2, 2003

43 Doctors Disciplined

During its March 27-28 Board meeting, the Texas State Board of Medical Examiners took disciplinary action against 43 licensed physicians and one licensed non-certified radiologic technician, who received one or more of the following actions: nine surrender/revocations; four suspensions; 14 restrictions; and six public reprimands. At its February 28 meeting, the Texas State Board of Physician Assistant Examiners took disciplinary action against two licensed physician assistants. Twenty administrative penalties totaling $49,750 were assessed against physicians and physician assistants.

New Licenses Issued
 

During its March 27-28 Board meeting, the Board approved the licensure applications of 263 physicians.

Rule Changes

The Board adopted the following proposed rule changes that were published in the Texas Register:
 

Chapter 163, Licensure: amendments to §§163.1 and 163.10 regarding definitions and relicensure requirements.

Chapter 167, Reinstatement and Reissuance: Rule review and amendments to §§163.1-.2 and .4-.6 regarding procedures for reinstatement and reissuance of a license. Chapter 169, Authority of Physicians to Supply Drugs: Rule review and amendments to §§169.1-.5 and 169.7 for general cleanup of the chapter.

Chapter 171, Posgraduate Training Permits: Amendments to §171.1 regarding reporting requirements relating to postgraduate training permits.

Chapter 174, Telemedicine: Amendments to §§174.1-.6, .10, and .12-.14 to clarify definitions and informed consent and for general cleanup of the chapter; and new §174.17 regarding the use of the Internet in medical practice.

Chapter 184, Surgical Assistants: Amendments to §184.25 regarding continuing education for surgical assistants. Chapter 187, Procedural Rules: Amendments to §§187.10, .12, and .13 which will formalize the procedure whereby the Executive Director has the authority to offer restricted licenses and permits. Chapter 196, Voluntary Surrender of a Medical License: Rule review and amendments to §§195.1-.5 for general cleanup of the chapter.

Chapter 198, Unlicensed Practice: Rule review with no changes.

Chapter 200, Integrative and Complementary Medicine: Rule review and amendments to §§200.1-.2 for general cleanup of the chapter (informed consent, treatment plan, adequate medical records, therapeutic validity and clinical investigations). Proposed amendments to §200.3 regarding detailed requirements were withdrawn and will be republished for comment.

Proposed Rule Changes
 

Chapter 163, Licensure: proposed amendment to §163.3 regarding cleanup of language concerning the definition of "graduate of an unapproved foreign medical school."
 

The Board proposed the following rule changes for publication in the Texas Register and comment: Chapter 175, Fees, Penalties, and Applications: proposed amendments to §§175.1 and 175.4 relating to fees and applications required for reissuance of a physician assistant license.

Chapter 179, Investigation Files: proposed amendment to §§179.1-.4, repeal of §179.5 and new §179.5 for general cleanup of the chapter and to update statutory cites.

Chapter 183, Acupuncture, proposed amendment to §183.3 regarding the number of board meetings to be held during a year and proposed amendment to §183.20 regarding continuing acupuncture education requirements.

Chapter 185, Physician Assistants: Proposed amendment to §185.3 regarding the number of board meetings to be held during a year and proposed amendment to §185.16 concerning the supervision of physician assistants by emergency room directors.

Chapter 187, Procedural Rules: proposed amendments to sections 187.18 and 187.58 regarding the role of the board's legal counsel during a hearing.

For copies of rule changes or proposed rules, write the Board at MC 901, P.O. Box 2018, Austin, TX 78768-2018, or e-mail pat.wood@tsbme.state.tx.us

Disciplinary Actions
 

Arango, Luis F., M.D., Mission, TX, Lic. #G2632
An Agreed Order was entered on 3-28-03 restricting the physician's license for five years under certain terms and conditions. Action due to disciplinary action by a state professional medical association or society that was based on unprofessional conduct or professional incompetence that was likely to harm the public and that was appropriate and reasonably supported by evidence submitted to the Board.

Avila, Fernando, M.D., San Antonio, TX, Lic. #G2899
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules relating to release of medical records.

Bailly, George A., D.O., Houston, TX, Lic. #L0009
An Agreed Order was entered on 3-28-03 suspending the physician's medical license. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.

Barzune, Lawrence, M.D., Dallas, TX, Lic. #D5911
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules relating to release of medical records.

Bohan, Timothy P., M.D., Houston, TX, Lic. #H3784
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board Rules relating to failure to deliver the medical records subpoenaed within the required time period.

Bransford, Paris, M.D., Pasadena, TX, Lic. #D7920
An Agreed Order was entered on 3-28-03 in which the physician voluntarily and permanently surrendered his Texas medical license. Action due to physician's inability to practice medicine with reasonable skill and safety due to illness.

Capitaine, Raul, M.D., Corpus Christi, TX, Lic. #H4885
An Agreed Order was entered on 3-28-03 publicly reprimanding the physician, assessing an administrative penalty in the amount of $5,000, and restricting his license under certain terms and conditions. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public; and failure to supervise adequately the activities of those acting under physician's supervision.

Ellis, Neely J., M.D., Houston, TX, Lic. #C3647
On 3-28-03, the Board voted to order the revocation of the physician's Texas medical license and assess an administrative penalty in the amount of $10,000. Action based on unprofessional conduct and nontherapeutic prescribing or treatment. The physician may file a Motion for Rehearing within 20 days of the Order. If a Motion for Rehearing is filed and the Board denies the motion, the Order is final. If a Motion for Rehearing is filed and the Board grants the motion, the Order is not final and a hearing will be scheduled.

Garcia, Francisco J., M.D., San Antonio, TX, Lic. #G8846
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $500. Action due to failure to release medical records in a timely manner.

Grantland, A. Jan, Denison, TX, Permit #NC00732
On 3-28-03, the Board voted to order the revocation of her Non-Certified Radiologic Technician's registration permit. Action based on unprofessional conduct by commission of an act of moral turpitude. The Non-Certified Radiologic Technician may file a Motion for Rehearing within 20 days of the Order. If a Motion for Rehearing is filed and the Board denies the motion, the Order is final. If a Motion for Rehearing is filed and the Board grants the motion, the Order is not final and a hearing will be scheduled.

Grier, Raymond E., M.D., Perris, CA, Lic. #G4586
An Agreed Order was entered on 2-07-03 restricting the physician's license in that he shall not practice medicine in Texas until the Texas Medical Board grants the physician permission to practice medicine. Action due to disciplinary action by another state.

Haji, Asha Karim, M.D., Bryan, TX, Lic. #E2220
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules relating the release of medical records.

Hardy, Robert, M.D., Colleyville, TX, Lic. #E6401
An Agreed Order was entered on 3-28-03 suspending the physician's medical license. Action due to failure to practice medicine in an acceptable manner; use of drugs in an intemperate manner that, in the Board's opinion, could endanger a patient's life; disciplinary action by peers; and unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.

Hearn, R.E., M.D., Houston, TX, Lic. #C3695
An Agreed Order was entered on 3-28-03 ordering the physician to fully comply with the stipulated agreement with the U.S. Attorney's office on behalf of the Drug Enforcement Administration, which requires the physician to pay $75,000 to the United States. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Houchin, Jerry D., D.O., Mount Pleasant, TX, Lic. #D1223
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $2,500, and requiring 50 hours of continuing medical education, with at least one course in the area of risk management. Action due to disciplinary action by peers.

Hughes, Charles V.O., M.D., Levelland, TX, Lic. #G2997
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $5,000. Action due to violation of Board rules.

Johnson, Danny Ray, M.D., Houston, TX, Lic. #H0499
A final Default Judgment Order was entered 3-28-03 revoking the physician's medical license. Action due to nontherapeutic prescribing or treatment.

Jones, Gary R., M.D., Austin, TX, Lic. #D0928
An Agreed Order was entered on 3-28-03 in which the physician voluntarily and permanently surrendered his Texas license effective 01-08-03. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare; and disciplinary action by a licensed hospital or medical staff of a hospital, including suspension of hospital privileges, or other disciplinary action.

Kapusta, Mario O., M.D., Houston, TX, Lic. #F0537
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $500. Action due to failure to complete one hour of ethics training during a reporting year, as required by Board Rule 166.2(a)(2).

Kimmel, Robert B., M.D., San Antonio, TX, Lic. #E6457
An Agreed Order was entered on 3-28-03 revoking physician's medical license based upon his conviction of a felony, Title 18, United States Code, Section 2252(a)(5)(B).

LeBlanc, Mary M., M.D., McAllen, TX, Lic. #H4481
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules relating to release of medical records.

Leonard, Philip J., M.D., Austin, TX, Lic. #E8662
A Temporary Suspension Order was entered on 3-08-03 temporarily suspending the physician's license 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 related to the application for temporary suspension are to be the subject of a disciplinary hearing as soon as can be accomplished under the Administrative Procedure Act and Medical Practice Act. It is further ordered that the Temporary Suspension Order shall remain in effect until such time as it is superseded by a subsequent order of the Board.

McKinney, Michael K., M.D., Cottonwood, AZ, Lic. #G9497
An Agreed Order was entered on 3-28-03 in which the physician voluntarily and permanently surrendered his Texas medical license. Action due to unprofessional conduct.

Meer, Shahid, M.D., Odessa, TX, Lic. #K0931
An Agreed Order was entered on 3-28-03 publicly reprimanding the physician and restricting his medical license for three years under certain terms and conditions. Action due to failure to practice medicine in an acceptable manner; and failure to maintain adequate medical records.

Moran, Wilmer, Jr., M.D., Houston, TX, Lic. #E1684
An Agreed Order was entered on 3-28-03 suspending the physician's medical license. Action due to physical impairment.

Neisner, David R., M.D., Columbus, TX, Lic. #J4383
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $2,500; and requiring 25 hours of continuing medical education in the area of use and prescribing of controlled substances. Action due to writing prescriptions for or dispensing to a person who the physician should have known was an abuser of narcotic drugs, controlled substances or dangerous drugs.

Oliveira, Elizabeth J., M.D., New Orleans, LA, Lic. #C8833
An Agreed Order was entered on 3-28-03 publicly reprimanding the physician, assessing an administrative penalty in the amount of $2,500, and restricting the physician's license under certain terms and conditions. Action due to conviction of a misdemeanor involving moral turpitude.

Pathikonda, Maya, M.D., Victoria, TX, Lic. #J8082
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules relating to the release of medical records.

Pazdral, George H., M.D., Austin, TX, Lic. #F1890
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $750. Action due to failing to provide a medico-legal report to a patient for which the physician had been paid.

Pedraza, Pablo, M.D., Milwaukee, WI, Lic. #D7239
An Agreed Order was entered on 3-28-03 restricting the physician's license in that he shall not practice medicine in Texas. Action due to disciplinary action by another state, and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Pena, Manuel G., M.D., Bacliff, TX, Lic. #D2955
An Agreed Order was entered on 3-28-03 publicly reprimanding the physician, assessing an administrative penalty in the amount of $5,000, and restricting his license under certain terms and conditions. Action due to aiding or abetting the corporate practice of medicine by any person, partnership, association, or corporation that is not duly licensed to practice medicine by the Board.

Platt, Reginald, D.O., Houston, TX, Lic. #D7867
An Agreed Order was entered on 3-28-03 publicly reprimanding the physician and restricting his medical license for three years under certain terms and conditions. Action due to failure to practice medicine in an acceptable manner; and failure to maintain adequate medical records.

Santos, Juan Felipe, M.D., Corpus Christi, TX, Lic. #H2754
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $500. Action due to violation of Board rules.

Sikand, Gurleen, M.D., Shreveport, LA, Lic. #J5643
An Agreed Order was entered on 3-28-03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $2,500. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.

Smith, Frank A. III, M.D., Crockett, TX, Lic. #D7878
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $2,000. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Soto, Leroy T., M.D., Poway, CA, Lic. #G5632
An Agreed Order was entered on 3-28-03 restricting the physician's license in that he shall not practice medicine in Texas until such time as the Board grants him permission to resume the practice of medicine. Action due to disciplinary action in another state that was based on unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public; failure to maintain adequate medical records for each patient; and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Speak, Kenneth E., D.O., Kerens, TX, Lic. #C4555
An Agreed Order was entered on 3-28-03 restricting the physician's license under certain terms and conditions. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public; prescribing or administering a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed; prescribing, administering, or dispensing dangerous drugs or controlled substances in a manner inconsistent with public health and welfare; writing prescriptions for or dispensing to a person who is known to be an abuser of narcotic drugs, controlled substances, or dangerous drugs or to a person who the physician should have known was an abuser of narcotic drugs, controlled substances, or dangerous drugs; and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Taylor, David H., M.D., Paris, TX, Lic. #K5015
An Agreed Order was entered on 3-28-03 restricting the physician's medical license for one year under certain terms and conditions. Action due to disciplinary action taken by a licensed hospital or medical staff of a hospital.

Thompson, Stephen K., M.D., Dallas, TX, Lic. #G2582
An Agreed Order was entered on 3-28-03 revoking the physician's medical license, effective 5-01-03. Action due to failure to maintain adequate medical records; failure to follow guidelines for the treatment of pain; failure to practice medicine in an acceptable professional manner consistent with public health and welfare; unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public; prescribing or administering a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed; and prescribing, administering, or dispensing dangerous drugs or controlled substances in a manner inconsistent with public health and welfare.

Valdez, Pedro, M.D., College Station, TX, Lic. #PPI-4006
A Default Judgment Order was entered 3-28-03 revoking the physician's Texas Physician In Training license. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud or harm the public. The physician may file a Motion for Rehearing within 20 days of the Order. If a Motion for Rehearing is filed and the Board denies the motion, the Order is final. If a Motion for Rehearing is filed and the Board grants the motion, the Order is not final and a hearing will be scheduled.

Walker, Annie C., M.D., Forney, TX, Lic. #C2823
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $1,000. Action due to failure to complete the required yearly amount of Continuing Medical Education.

Wall, Harold J., M.D., Schulenburg, TX, Lic. #F6159
An Agreed Order was entered on 3-28-03 limiting the physician's license for five years under certain terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Williams, Willie Jr., M.D., Fairfield, AL, Lic. #G9247
An Agreed Order was entered on 3-28-03 assessing an administrative penalty in the amount of $2,500. Action due to violation of Board rules relating to continuing medical education.

Williamson, Mark A., M.D., Webster, TX, Lic. #H4855
An Agreed Order was entered on 3-28-03 restricting the physician's license for seven years under certain terms and conditions. Action due to failure to supervise adequately the activities of those acting under physician's supervision; and using alcohol or drugs in an intemperate manner that, in the Board's opinion, could endanger a patient's life.

Physician Assistants

Price-Confer, Lori M., P.A., Dallas, TX, Lic. #PA01972
An Agreed Order was entered on 2-28-03 assessing an administrative penalty in the amount of $500. Action due to the physician assistant's self-prescribing of a scheduled IV controlled drug, which requires a Physician's signature on the prescription.

Volpe, Jennie M., P.A., Edinburg, TX, Lic. #PA03004
An Agreed Order was entered on 2-28-03 assessing an administrative penalty in the amount of $500. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.

 

The Texas State Board of Medical Examiners, 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 Lee S. Anderson, M.D., and Executive Director Donald W. Patrick, M.D., J.D., is strengthening and accelerating the disciplinary process for licensees who fail to meet the required standards of professional proficiency and behavior. The agency is seeking new legislation to expand current statutory authority to better fulfill its mission to ensure only competent licensees are providing medical care.