Wednesday, August 20, 2003

55 Doctors Disciplined

During its August 14-15 Board meeting, the Texas State Board of Medical Examiners took disciplinary action against 54 licensed physicians, who received one or more of the following actions: 11 surrenders/revocations, with one stayed under certain terms and conditions; 11 suspensions, with three stayed under certain terms and conditions; eight restrictions; and six public reprimands. In addition, the board assessed 19 administrative penalties, for a total of $49,500. The board temporarily suspended the license of one physician since the last board meeting. Disciplinary action was taken against two licensed acupuncturists. At its August 1 meeting, the Texas State Board of Physician Assistant Examiners took disciplinary action against one licensed physician assistant.

New Licenses Issued
 

During its August 14-15 Board meeting, the Board approved the licensure applications of 550 physicians.

Rule Changes
 

The Board adopted the following rule changes that were published in the Texas Register:
Chapter 165, Medical Records: Amendments to §§165.1, 165.3, and 165.4 regarding definitions and general cleanup. (Note: §§165.2 and 165.5 were withdrawn and will be reconsidered by the board at a future meeting.) Chapter 171, Postgraduate Training Permits: Amendment to §171.6 regarding faculty temporary permits that would allow active military physicians, holding part-time appointments at Texas medical schools, to be eligible for faculty temporary permits.

Chapter 183, Acupuncture: Amendments to §§183.10 and 183.20 and new §183.22 concerning written instructions in medical records and continuing acupuncture education. Chapter 190, Disciplinary Guidelines: the repeal and new sections were withdrawn and will be republished - see proposed rule changes below for detail.

Chapter 193, Standing Delegation Orders: Amendments to §§193.2 and 193.6 regarding the delegation of prescriptive authority as mandated by House Bill 1095 of the 78th Legislature. New §193.11 regarding delegation and supervision of the use of lasers.

Proposed Rule Changes
The Board proposed the following rule changes for publication in the Texas Register and comment:
Chapter 162, Supervision of Medical School Students: Rule review, repeal of §§162.2 and 162.3, and amendments to §162.1 to clarify the requirements for Texas physicians who supervise medical school students in Texas.

Chapter 163, Licensure: Amendments to §§163.1 and 163.6 regarding definitions and administration of the jurisprudence examination. Amendments to §§163.10 and 163.13 regarding relicensure and expedited licensure process that will add language to be consistent with the mandates of Senate Bill 104 and Senate Bill 558 of the 78th Legislature.

Chapter 166, Physician Registration: Amendments to §§166.1-166.6 regarding physician registration. The amendments will make the rules consistent with Senate Bill 104 of the 78th Legislature and establish a biennial registration system for physicians.

Chapter 171, Postgraduate Training Permits: Amendments to §171.2 regarding qualifications for postgraduate permit holders and temporary permits.

Chapter 173, Physician Profile: Amendments to §§173.1, 173.3, and 173.4 that will make the sections consistent with requirements of Senate Bill 104 of the 78th Legislature to remove the 10-year limitation related to malpractice information and outline the timeline for updating the profile following the filing of formal complaints.

Chapter 175, Fees, Penalties, and Applications: Amendments to §§175.1, 175.2, and 175.4 that will make the sections consistent with the requirements of Senate Bill 104 and House Bill 2985 of the 78th Legislature. The changes include the creation of biennial registration fees for physicians; increased penalty fees for late physician registration; surcharges for physician assistant, acupuncture, and acudetox renewal; and registration and penalty fees for surgical assistants. In addition, the board proposes an amendment to §175.1 to add a $50 fee for approving a continuing acupuncture education provider.

Chapter 178, Complaints: New §§178.1-178.8 regarding procedures for initiation, filing, and appeals of complaints.

Chapter 179, Investigations: Extensive rewrite of the chapter with new chapter title. 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 of the 78th Legislature. The new sections will establish procedures, qualifications and duties of these professionals serving as expert panel members, consultants and expert witnesses to the board.

Chapter 184, Surgical Assistants: Amendments to §184.8 and 184.25 regarding biennial registration for surgical assistants and annual continuing education requirements; and repeal of §§184.10 and 184.11 in order to move the surgical assistant fees to Chapter 175 of the board rules.

Chapter 185, Physician Assistants: Amendment to §185.7 regarding the Board of Physician Assistant Examiners' designee being allowed to issue temporary licenses.

Chapter 187, Procedural Rules: Amendments to §§187.2, 187.9, 187.13, 187.15, 187.16, 187.18, 187.24, 187.44, 187.56, 187.57, and 187.60; and repeal of 187.5 and 187.40. The amendments and repeals will address the following: schedule of disciplinary sanctions the board may impose; 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 §§190.1-190.2, 190.8, and 190.14-190.16 regarding general provisions, violation guidelines, and sanction guidelines.

Chapter 192, Office-Based Anesthesia: Amendments to §§192.2, 192.3, 192.4, and 192.6 for general cleanup and to create a process for biennial registration.

Chapter 196, Voluntary Surrender of a Medical License: Amendments to §§196.1, 196.2 and 196.3 for general cleanup of the sections.

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 pat.wood@tsbme.state.tx.us

Disciplinary Actions
 

Ahmad, Sohail S., M.D., Rancho Mirage, CA, Lic. #L1509
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to disciplinary action by peers.

Arrambide, George, M.D., Bulverde, TX, Lic. #D5668
An Agreed Order was entered on 8-15-03 restricting the physician's license for three years under certain terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Baluch, Abdul R., M.D., Austin, TX, Lic. #F7693
An Agreed Order was entered on 8-15-03 revoking the physician's license. Action due to conviction of a felony.

Basco, Michael A., M.D., Colleyville, TX, Lic. #H5151
An Agreed Order was entered on 8-15-03 in which the physician received a public reprimand. Action due to disciplinary action by peers and unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public.

Baxt, Brian, M.D., Torrington, CT, Lic. #L0022
An Agreed Order was entered on 8-15-03 suspending the physician's license; however, the suspension was stayed and the physician was placed on probation for five years under certain terms and conditions. Action due to unprofessional or dishonorable conduct.

Beck, Terry L., M.D., Midland, TX, Lic. #H9786
An Agreed Order was entered on 8-15-03 restricting the physician's license for seven years under certain terms and conditions. Action due to intemperate use of alcohol or drugs that could endanger a patient's life; unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; inability to practice medicine with reasonable skill and safety to patients because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or another substance, or as a result of any mental or physical condition; and disciplinary action by peers.

Blick, Mark B., M.D., Houston, TX, Lic. #G3933
An Agreed Order was entered on 8-15-03 placing the physician's license under certain terms and conditions for three years. Action due to 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 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 the narcotic drugs, controlled substances, or dangerous drugs.

Brink, Ronald H., M.D., Montgomery, TX, Lic. #G2332
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rule 165.2 relating to allowable charges for medical records.

Brown, John D., M.D., Houston, TX, Institutional Permit No. 40159
An Agreed Order was entered on 8-15-03 suspending the physician's Institutional Permit. Action due to inability to practice medicine with reasonable skill and safety to patients because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or another substance, or as a result of any mental or physical condition.

Bui, Tony T., M.D., Dallas, TX, Lic. #K2314
An Agreed Order was entered on 8-15-03 placing the physician's license under certain terms and conditions for five years. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public.

Cantu, Rudolf, D.O., Kingwood, TX, Lic. #H7709
An Agreed Order was entered on 8-15-03 in which the physician voluntarily surrendered his Texas medical license. Action due to disciplinary action by peers; and unprofessional conduct that is likely to deceive, defraud, or injure the public.

Castilleja, Jerry, M.D., Seguin, TX, Lic. #H9456
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $7,500. Action due to failure to release medical records upon request and failure to respond to a Board subpoena.

Cline, Mark A., M.D., Nacogdoches, TX, Lic. #J8492
An Agreed Order was entered on 8-15-03 publicly reprimanding the physician. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Conanan, Margarita L., M.D., Richardson, TX, Lic. #D7790
An Agreed Order was entered on 8-15-03 in which the physician voluntarily and permanently surrendered her license. Action due to unprofessional conduct that is likely to deceive, defraud, or injure the public.

Conner, Margaret E., M.D., Alpine, TX, Lic. #H6126
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $5,000. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public.

Dickinson, Robert S., M.D., Houston, TX, Lic. #E6064
An Agreed Order was entered on 8-15-03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $5,000. Action due to unprofessional conduct, 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 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 the narcotic drugs, controlled substances, or dangerous drugs; and failure to practice medicine consistent with public health and welfare.

Di Bona, Daniel J., M.D., Austin, TX, Lic. #H0294
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $5,000. Action due to failure to timely provide the Board with requested information.

Ellis, Michael, M.D., Marshall, TX, Lic. #D1205
An Agreed Order was entered on 8-15-03 in which the physician voluntarily and permanently surrendered his Texas medical license. Action due to disciplinary action by another state.

Emerson, Timothy Joe, M.D., San Angelo, TX, Lic. #G8831
An Order was entered on 8-15-03 suspending the physician's license. Action due to incarceration in federal prison.

Fowler, Stephen R., M.D., Dallas, TX, Lic. #H9514
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to unprofessional or dishonorable conduct and violation of Board rule 189.10 relating to drug screens.

Furniss, Wilburn E. II, M.D., Nacogdoches, TX, Lic. #D7575
An Agreed Order was entered on 8-15-03 suspending the physician's license; however, the suspension was stayed and the physician was placed on probation for three years under certain terms and conditions. Action due to 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 failure to keep adequate medical records.

Guajardo, Frank, D.O., Uvalde, TX, Lic. #K4072
An Agreed Order was entered on 8-15-03 suspending the physician's license. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public; and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Herman, James, M.D., Arlington, TX, Lic. #E0977
An Agreed Order was entered on 8-15-03 suspending the physician's medical license, staying the suspension, and placing the physician on probation for three years under certain terms and conditions. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; and intemperate use of alcohol or drugs.

Huff, John D., M.D., Fairfield, IA, Lic. #D7993
An order was entered on 8-15-03 restricting the physician's Texas medical license under certain terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare. 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.

Ketterer, Cynthia L., M.D., Spring, TX, Lic. #K3771
An Agreed Order was entered on 8-15-03 suspending the physician's license. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; failure to practice medicine in an acceptable professional manner consistent with public health and welfare; and intemperate use of alcohol or drugs.

Kilian, Robert J., M.D., Lake Jackson, TX, Lic. #D9333
An Agreed Order was entered on 8-15-03 restricting the physician's license for five years under terms and conditions. Action due to violation of Board rule relating to failure to keep adequate medical records and treatment of intractable pain; and prescribing or administering a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered.

King, Dennis M., M.D., Killeen, TX Lic. #D7122
An order was entered on 8-15-03 revoking the physician's Texas medical license. Action based on unprofessional or dishonorable conduct that is likely to defraud, deceive or injure the public because of violations of a previous Board Order, and use of alcohol or drugs in an intemperate manner that could endanger a patient's life. 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.

Landefeld, Ronald A., M.D., Marion, OH, Lic. #E3988
An Order was entered on 8-15-03 suspending the physician's license. Action required because of physician's incarceration in Federal prison. A second Order was entered in which the Board voted to enter a default judgment against the physician for failure to respond to Board staff's filing of a complaint with the State Office of Administrative Hearings. The default judgment resulted in the revocation of the physician's license. Revocation was required because of physician's final felony conviction under the Drug Abuse Prevention and Control Act of 1970 (21 U.S. Code Section 801 et seq).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.

Maly, Ronald F., M.D., Grand Prairie, TX, Lic. #D5298
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $500. Action due to violation of Board rule 166.2 relating to annual CME requirements.

Martin, Pamela M., M.D., Tempe, AZ, Lic. #H8232
An Agreed Order was entered on 8-15-03 publicly reprimanding the physician and placing physician's license under certain terms and conditions. Action due to unprofessional conduct that is likely to deceive, defraud, or injure the public.

Maynard, Daniel A., D.O., Dallas, TX, Lic. #E1669
A Temporary Suspension Order was entered on 6-20-03 temporarily suspending the physician'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 temporary suspension order shall remain in effect until such time as it is superseded by a subsequent order of the Board.

McDonough, Frederick, D.O., Bonham, TX, Lic. #H2586
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $500. Action due to failure to release medical records in a timely manner.

McGanity, Peter L.J., M.D., San Antonio, TX, Lic. #E4515
An Agreed Order was entered on 8-15-03 restricting the physician's license for five years under certain terms and conditions. Action due to disciplinary action by peers.

Murray, James L. III, M.D., Bellaire, TX, Lic. #G4358
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rule 166.2 relating to annual CME requirements..

Neece, Stephen R., M.D., Wichita Falls, TX, Lic. #E1910
An Agreed Order was entered on 8-15-03 suspending the physician's license. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; intemperate use of alcohol or drugs; 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 writing false or fictitious prescriptions.

Nguyen, Hung Ba, M.D., Wailuku, Mani, Hi, Lic. #H6468
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Okoro, Chijioke V., M.D., Houston, TX, Lic. #H5598
An order was entered on 8-15-03 revoking the physician's Texas medical license. Action based on conviction of a felony. 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.

Olivieri, Julio C., M.D., Dallas, TX, Lic. #K2549
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $5,000. Action due to disciplinary action by peers.

Paulk, Mary, M.D., Dallas, TX, Lic. #K3626
An Agreed Order was entered on 8-15-03 publicly reprimanding the physician. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Perry, Robert R., M.D., Plano, TX, Lic. #J8712
An Agreed Order was entered on 8-15-03 revoking the physician's medical license; however, the revocation was stayed and the physician was placed on probation for 10 years under certain terms and conditions. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public, and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Routhouska, Glenn A., D.O., Fairfield, TX, Lic. #J1031
An Agreed Order was entered on 8-15-03 publicly reprimanding the physician. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public.

Rowley, Patricia Ann, M.D., Las Cruces, NM, Lic. #J5001
An Agreed Order was entered on 8-15-03 restricting the physician's license for five years under certain terms and conditions. Action due to disciplinary action by another state.

Rutledge, Brian, M.D., Fort Worth, TX, Lic. #F1958
An Agreed Order was entered on 8-15-03 suspending the physician's license. Action due to inability to practice medicine with reasonable skill and safety to patients because of a mental or physical condition.

Sanchez, Guillermo G., M.D., Austin, TX, Institutional Permit No. PIT-BP2-0004655
An order was entered on 8-15-03 revoking the physician's Institutional Permit. Action based on unprofessional or dishonorable conduct that is likely to deceive, defraud or injure the public; intemperate use of alcohol or drugs; and inability to practice medicine with reasonable skill and safety to patients because of excessive use of drugs, narcotics, chemicals, or another substance. 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.

Seitzinger, Michael R., M.D., Green Lake, WI, Lic. #F5039
An Agreed Order was entered on 8-15-03 in which the physician voluntarily and permanently surrendered his Texas license. Action due to intemperate use of alcohol or drugs, and disciplinary action by another state.

Shaffer, Howard, M.D., Fort Worth, TX, Lic. #E1127
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $5,000. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Sharman, Ralph S., M.D., Houston, TX, Lic. #D7300
An Agreed Order was entered on 8-15-03 suspending the physician's license. Action due to intemperate use of alcohol or drugs.

Siddiqi, Adila, D.O., Arlington, TX, Lic. #K7396
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $500. Action due to violation of Board rule 165.2 for failure to release medical records.

Silberg, Louise B., D.O., El Paso, TX, Lic. #J9348
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $5,000 and placing her license under certain terms and conditions. Action due to disciplinary action by peers.

Smith, James A., D.O., Huntsville, TX, Lic. #G3078
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rule 166.2 relating to annual CME requirements.

Taylor, Barbara D., M.D., Houston, TX, Lic. #H0874
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Trimble, Terrill M. Jr., M.D., Wylie, TX, Lic. #C2008
An Agreed Order was entered on 8-15-03 in which the physician voluntarily and permanently surrendered his medical license. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare, unprofessional conduct that is likely to deceive, defraud or injure the public; and 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 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 the narcotic drugs, controlled substances, or dangerous drugs.

Tuel, David C., M.D., Waco, TX, Lic. #G8468
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rule 166.2 relating to annual CME requirements.

Watkins, Ulysses W., M.D., Houston, TX, Lic. #F8727
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $500. Action due to violation of Board rule 165.2 relating to release of medical records.

Wengroff, Sean D., M.D., Waco, TX, Lic. #L4167
An Agreed Order was entered on 8-15-03 assessing an administrative penalty in the amount of $3,000. Action due to prescribing or administering a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered.

Acupuncture
 

Kang, Ji-Zhou, L.Ac., Houston, TX, Lic. #AC-00189
An Agreed Order was entered on 7-18-03 restricting the acupuncturist's license for three years under certain terms and conditions. Action due to failure to practice acupuncture in an acceptable manner consistent with public health and welfare.

Wang, Nancy Wen Feng, L.Ac., College Station, TX, Lic. #AC-00080
An Agreed Order was entered on 7-18-03 restricting the acupuncturist's license for one year under certain terms and conditions. Action due to failure to practice acupuncture in an acceptable manner consistent with public health and welfare.

Physician Assistant
 

Royster, Willie K., P.A., Rising Star, TX, Lic. #PA-01361
An Agreed Order was entered on 8-1-03 restricting the physician assistant's license for five years under certain terms and conditions. Action due to writing a false or fictitious prescription for a dangerous drug as defined by Chapter 483, Health and Safety Code, and failing to practice as a physician assistant in an acceptable manner consistent with public health and welfare.

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.