Thursday, February 13, 2003

32 Doctors Disciplined

During its February 6-7 Board meeting, the Texas State Board of Medical Examiners took disciplinary action against 32 licensed physicians, who received one or more of the following actions: four surrender/revocations; three suspensions, of which one was stayed and probated under various terms and conditions; four restrictions; and eight public reprimands. Eighteen administrative penalties totaling $45,500 were assessed.

New Licenses Issued
 

During its February 6-7 Board meeting, the Board approved the licensure applications of 344 physicians.

Rule Changes
 

The Board adopted the following proposed rule changes that were published in the Texas Register: Chapter 164, Physician Advertising: Rule review with no recommended changes. Chapter 183, Acupuncture: Amendment to §§183.1-183.4 and 183.6-183.18 for general cleanup of the chapter. Chapter 184, Surgical Assistants: Amendments to §§184.4, 184.6 and 184.8 regarding licensure documentation, license renewal, and examinations. Chapter 187, Procedural Rules: Amendments to §§187.18 and 187.39 regarding costs of administrative hearings and informal settlement conferences based on personal appearance. Chapter 190, Disciplinary Guidelines: Rule review with no recommended changes. Chapter 191, District Review Committees. Rule review and proposed amendments to §§191.1 and 191.3-191.5 for general cleanup of the chapter. Chapter 193, Standing Delegation Orders: Amendments to §193.6 regarding supervision waiver requests.

Proposed Rule Changes
 

The Board proposed the following rule changes for publication in the Texas Register and comment: Chapter 163, Licensure. Proposed amendments to §§163.1 and 163.10 regarding definitions and relicensure requirements.

Chapter 167, Reinstatement and Reissuance. Rule review and proposed amendments to §§167.1-.2 and .4-.6 regarding procedures for reinstatement and reissuance of a license.

Chapter 169, Authority of Physicians to Supply Drugs. Rule review and proposed amendments for general cleanup of the chapter.

Chapter 171, Postgraduate Training Permits. Proposed amendments to §171.1 regarding reporting requirements relating to postgraduate training permits.

Chapter 174, Telemedicine. Proposed 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. Proposed amendments to §§184.6 and 184.25 regarding licensure documentation for examination results and continuing education for surgical assistants.

Chapter 187, Procedural Rules. Proposed 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 proposed amendments to §§196.1-.5 for general cleanup of the chapter.

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

Chapter 200, Integrative and Complementary Medicine. Rule review and proposed amendments to §§200.2-.3 for general cleanup of the chapter, including detailed requirements regarding informed consent, treatment plan, adequate medical records, therapeutic validity, and clinical investigations. The chapter title will be changed to Complementary and Alternative Medicine.

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
 

Ahmed, Faiz, M.D., Houston, TX, Lic. #J4683
An Agreed Order was entered on 02-07-03 restricting the physician's license for 10 years under certain terms and conditions, including that he not provide care to any female patients. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; and disciplinary action by peers.

Aitken, Phil A., M.D., South Burlington, VT, Lic. #D4008
An Agreed Order was entered on 02-07-03 indefinitely suspending the physician's medical license. Action due to disciplinary action by another state and unprofessional or dishonorable conduct.

Alsop, Ernest C., M.D., Rockport, TX, Lic. #J6300
An Agreed Order was entered on 02-07-03 indefinitely suspending the physician's license. Action due to intemperate use of alcohol or drugs; inability to practice medicine with reasonable skill and safety because of illness or substance abuse; unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; and failure to practice medicine consistent with public health and welfare.

Baker, David R., M.D., Sulphur, OK, Lic. #D3142
An Agreed Order was entered on 02-07-03 suspending the physician's medical license; however, the suspension was stayed and the physician was placed on probation for seven years under certain terms and conditions, including restriction of prescriptive authority and 24 hours CME each year in addiction medicine and medical record-keeping. Action due to violation of Board rules relating to medical records and pain treatment; and unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public.

Bowman, Albert, M.D., Houston, TX, Lic. #D3161
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $2,500 and requiring 20 hours CME in record-keeping and risk management and monitoring of prescriptions. Action due to failure to maintain adequate medical records.

Caballero, Yuri J., M.D., El Paso, TX, Lic. #J8938
An Agreed Order was entered on 01-15-03 assessing an administrative penalty in the amount of $1,000. Action due to false and misleading statement, document, or certificate in an application for a license.

Debenedetto, Richard B., M.D., Amarillo, TX, Lic. #J9579
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician; requiring 10 hours of CME in ethics; and passage of the Texas Medical Jurisprudence Exam. Action due to unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public; and administering dangerous or controlled drugs in an improper manner.

Gailiunas, Peter, Jr., M.D., Dallas, TX, Lic. #F2253
An Agreed Order was entered on 02-07-03 requiring five hours of CME in ethics and assessing an administrative penalty in the amount of $5,000. Action due to violation of Board rules relating to improper billing; and unprofessional conduct.

Garza, Gumaro, M.D., Edinburg, TX, Lic. #E7943
An Agreed Order was entered on 02-07-03 assessing an administrative penalty in the amount of $6,000. Action due to violation of Board rules regarding maintenance of adequate medical records.

Guerra, Francisco J., M.D., El Paso, TX, Lic. #F5556
An Agreed Order was entered on 02-07-03 assessing an administrative penalty in the amount of $5,000. Action due to using advertising statements that are false, misleading or deceptive.

Haglund, Rodger, M.D., Abilene, TX, Lic. #G4590
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician; requiring a course in patient sensitivity; and assessing an administrative penalty in the amount of $5,000. Action due to unprofessional or dishonorable conduct.

Hale, William P., M.D., Amarillo, TX, Lic. #C8561
An Agreed Order was entered on 02-07-03 requiring a three-hour course in Child and Adolescent Psychology focusing on behavior management and assessing an administrative penalty in the amount of $500. Action due to unprofessional conduct.

Hofmann, Robert F., M.D., Austin, TX, Lic. #G1918
An Agreed Order was entered on 02-07-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules regarding maintenance of medical records.

Kats, Bernhard A., M.D., New York, NY, Lic. #F4898
On 02-07-03 the Board voted to publicly reprimand the physician. Action due to disciplinary action in another state; and filing false registration information. The physician may file a Motion for Rehearing within twenty days of the Order. If a Motion 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.

Kearse, William O., M.D., Lubbock, TX, Lic. #G9933
An Agreed Order was entered on 02-07-03 limiting the physician's license for three years under certain terms and conditions; requiring 10 hours of CME in risk management; and assessing an administrative penalty in the amount of $5,000. 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 or prescribed; and violation of Board rules.

Khorsandi, Medi, M.D., McKinney, TX, Lic. #J3329
An Agreed Order was entered on 02-07-03 limiting the physician's license under certain terms and conditions. Action due to disciplinary action by peers.

Levy, Larry D., M.D., Albuquerque, NM, Lic. #J4893
An Agreed Order was entered on 02-07-03 requiring 50 hours of CME in EKG interpretation and 20 hours in acute cardiac care and assessing an administrative penalty in the amount of $2,500. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Magee, Douglas, M.D., Spring, TX, Lic. #H4511
An Agreed Order was entered on 02-07-03 in which the physician voluntarily surrendered his license. Action due to failure to practice medicine in an acceptable manner consistent with public health and welfare; and intemperate use of alcohol or drugs that, in the Board's opinion, could endanger a patient's life.

Natalino, Michael R., M.D., San Antonio, TX, Lic. #F2821
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician; requiring 50 hours of CME in ethics and treating substance abuse; passage of the Texas Medical Jurisprudence exam; maintaining adequate medical records; and assessing an administrative penalty in the amount of $2,500. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare; 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 or dispensing to a habitual user.

Nikko, Anthony P., M.D., Houston, TX, Lic. #K5639
An Agreed Order was entered on 02-07-03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules relating to false, misleading or deceptive advertising.

Norkiewicz, Brian J., M.D., Lubbock, TX, Lic. #J4395
An Agreed Order was entered on 02-07-03 requiring 10 hours of CME in ethics and assessing an administrative penalty in the amount of $5,000. Action due to failure to practice medicine in an accepted manner consistent with public health and welfare and violation of Board rules relating to medical records.

Parsons, James T., M.D., Houston, TX, Lic. #C6816
On 02-07-03 the Board voted to revoke the physician's license. Action due to conviction of felony or misdemeanor involving moral turpitude. The physician may file a Motion for Rehearing within twenty days of the Order. If a Motion 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.

Pathak, Ajay J., M.D., Carrollton, TX, Lic. #J6202
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician and 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.

Rellas, James S., M.D., Carrollton, TX, Lic. #F8301
An Agreed Order was entered on 02-06-03 requiring additional CME in ethics and assessing an administrative penalty in the amount of $500. Action due to false, misleading, or deceptive advertising.

Reyes, Antonio De P, M.D., Mount Pleasant, TX, Lic. #F2876
An Agreed Order was entered on 02-07-03 restricting the physician's license for five years under terms and conditions, including having a monitor and completion of 20 hours CME in Advanced Life Support in Obstetrics; and obtaining consultations for patients with diabetes or gestational diabetes. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Saller, Christy L., M.D., Bellaire, TX, Lic. #D8073
An Agreed Order was entered on 02-07-03 restricting the physician under terms and conditions, including having clinics under her control accredited. Action due to failure to supervise delegates.

Smith, George J., M.D., Pampa, TX, Lic. #J5645
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician; requiring 10 hours of CME in ethics; and assessing an administrative penalty in the amount of $2,500. Action due to unprofessional conduct.

Spebar, Michael J., M.D., San Antonio, TX, Lic. #F1252
An Agreed Order was entered on 02-07-03 in which the physician voluntarily and permanently surrendered his physician's license. Action due to inability to practice medicine with reasonable skill and safety because of a physical condition or illness.

Stubblefield, Larry K., M.D., Seagoville, TX, Lic. #E9430
An Agreed Order was entered on 02-07-03 assessing an administrative penalty in the amount of $500. Action due to violation of Board rules.

Valdez, Brenda Q., M.D., College Station, TX, Lic. #BP2-0003489
An Agreed Order was entered 02-07-03 in which the physician voluntarily and permanently surrendered her Texas postgraduate permit. Action due to disciplinary action by peers; and unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public.

Varon, Joseph, M.D., Houston, TX, Lic. #J5933
An Agreed Order was entered on 02-07-03 publicly reprimanding the physician; requiring eight hours of CME in boundary violations; and assessing an administrative penalty in the amount of $2,500. Action due to unprofessional or dishonorable conduct.

Zadeh, Abbas, M.D., Grapevine, TX, Lic. #F3675
An Agreed Order was entered on 02-07-03 assessing an administrative penalty in the amount of $500. Action due to failure to release medical records in a timely manner.

 

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.

For more information, call Jill Wiggins, Public Information Director, at 

(512) 305-7018 or write to:

Texas State Board of Medical Examiners
MC 251
P.O. Box 2018
Austin, TX 78768-2018