Wednesday, June 11, 2003

58 Doctors Disciplined

During its June 5-6 Board meeting, the Texas State Board of Medical Examiners took disciplinary action against 55 licensed physicians, who received one or more of the following actions: 12 surrenders/revocations, with one stayed under certain terms and conditions; seven suspensions, with three stayed under certain terms and conditions; 17 restrictions; and 11 public reprimands. In addition, the board assessed 22 administrative penalties, for a total of $84,000. The board has temporarily suspended the licenses of three physicians since the last board meeting. At its May 2 meeting, the Texas State Board of Physician Assistant Examiners took disciplinary action against one licensed physician assistant.

New Licenses Issued

During its June 5-6 Board meeting, the Board approved the licensure applications of 529 physicians.

Rule Changes
 

The Board adopted the following proposed rule changes that were published in the Texas Register:
Chapter 163, Licensure: Amendment to §163.3 regarding cleanup of language concerning the definition of "graduate of an acceptable unapproved foreign medical school." Chapter 175, Fees, Penalties, and Applications: Amendments to §§175.1 and 175.4 relating to fees and applications required for reissuance of a physician assistant license. Chapter 179, Investigation Files: Rule review and amendments to §§179.1-.4, repeal of §179.5-.6 and new §179.5 for general cleanup of the chapter and to update statutory cites.

Chapter 183, Acupuncture: Amendment to §183.3 regarding the number of board meetings to be held during a year and amendment to §183.20 regarding continuing acupuncture education requirements. Chapter 184, Surgical Assistants: Amendment to §184.6 regarding licensure documentation for examinations. Chapter 185, Physician Assistants: 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 hospital emergency room directors.

Chapter 187, Procedural Rules: Amendments to §§187.18 and 187.58 regarding the role of the board's legal counsel during a hearing. Chapter 200, Standards for Physicians Practicing Complementary and Alternative Medicine: Amendments to §200.3 which will add detail regarding informed consent, adequate medical records, treatment plan, therapeutic validity, and clinical investigations.

Proposed Rule Changes
 

The Board proposed the following rule changes for publication in the Texas Register and comment: Chapter 165, Medical Records: Proposed amendment adding a definition for "medical records," adding HIPAA requirements and clarifying allowable charges. The rule change also outlines the requirements concerning transfer or disposal of medical records. Chapter 168, Persons with Criminal Backgrounds: Rule review and proposed merger with Chapter 190. Chapter 171, Postgraduate Training Permits: Proposed 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: Proposed amendment to §183.22(b) to specify written instructions in medical records; proposed amendments to §183.20 concerning continuing acupuncture education.

Chapter 190, Disciplinary Guidelines: Proposed amendments incorporating contents of Chapter 168 clarifying the area of unprofessional and dishonorable conduct. Chapter 193, Standing Delegation Orders: proposed amendment to §193.6 regarding the delegation of prescriptive authority as mandated by HB1095 of the 78th Legislature. Proposed amendments to §§193.11 and 193.12 regarding delegation and supervision of the use of lasers.

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
 

Adelman, Harold F., M.D., Desoto, TX, Lic. #H3965
An Agreed Order was entered on 6/6/03 suspending the physician's license for six months; after this period of suspension, the suspension is stayed and the physician is placed on probation for 10 years under certain terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Autrey, Ezell S., M.D., Dallas, TX, Lic. #G1320
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules.

Baker, Merrimon W., M.D., Cleveland, TX, Lic. #G4807
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $10,000. Action due to failure to provide medical records when requested by the Board within two weeks of the request.

Barnes, Stephen A., M.D., Houston, TX, Lic. #K5800
An Order was entered on 5/27/03 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, and using alcohol or drugs in an intemperate manner that in the Board's opinion could endanger a patient's life.

Barr, John C., M.D., Heath, TX, Lic. #J4704
On 6/6/03, the Board voted to order the revocation of the physician's Texas medical license. Action based on unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure 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.

Beggs, Tiffany L., D.O., Vidor, TX, Lic. #K8875
An Agreed Order was entered on 5/6/03 suspending the physician's license, staying the suspension, and placing the physician on probation for five years under certain terms and conditions. Action due to inability to practice medicine with reasonable skill and safety to patients because of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or another substance, or because of a mental or physical condition.

Biddix, Jerry W., M.D., Winters, TX, Lic. #E3855
An Agreed Order was entered on 6/6/03 placing the physician under certain terms and conditions for two years. Action due to failure to practice medicine consistent with public health and welfare.

Brackett, Fred B., M.D., Corpus Christi, TX, Lic. #E7836
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $5,000. Action due to disciplinary action by peers.

Brown, John D., M.D., Houston, TX, Institutional Permit #40159
An Order was entered on 6/4/03 suspending the physician's institutional permit. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public, and intemperate use of alcohol or drugs that in the Board's opinion could endanger a patient's life.

Cammack, James T., M.D., Kerrville, TX, Lic. #H5696
A Temporary Suspension Order was entered on 6/4/03 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.

Chambless, Nelson, M.D., Miami, FL, Lic. #H1050
An Agreed Order was entered on 6/6/03 restricting the physician's license under certain terms and conditions. Action due to intemperate use of alcohol or drugs that in the Board's opinion could endanger a patient's life.

Chandler, Eddie Ray, M.D., Bowie, TX, Lic. #D4066
An Agreed Order was entered on 4/8/03 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, unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public, prescribing or dispensing to habitual user, nontherapeutic prescribing or treatment, and administering dangerous or controlled drugs in an improper manner.

Chaturvedi, Ram P., M.D., Dallas, TX, Lic. #J0928
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician, assessing an administrative penalty in the amount of $10,000, and placing the physician's license under certain terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Chepko, James D., M.D., Houston, TX, Lic. #F0931
An Agreed Order was entered on 6/6/03 restricting the physician's license for five 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 maintain adequate medical records for each patient and failure to follow Board guidelines for the treatment of pain.

Clark, Beverly A., M.D., Amarillo, TX, Lic. #G0588
An Agreed Order was entered on 6/6/03 in which the physician voluntarily and permanently surrendered her Texas medical license. Action due to unprofessional conduct.

De Carvalho, Guaracy F., M.D., George West, TX, Lic. #E3677
An Agreed Order was entered on 6/6/03 restricting the physician's license for three years under certain terms and conditions. Action due to nontherapeutic prescribing or treatment, and administering dangerous or controlled drugs in an improper manner.

Dinh, Quan A., M.D., Salinas, CA, Lic. #J8516
An Agreed Order was entered on 6/6/03 revoking the physician's license. Action due to disciplinary action taken by another state.

Griswold, Jody M., D.O., San Benito, TX, Lic. #K9204
An Agreed Order was entered on 6/6/03 revoking the physician's medical license. Action due to inability to practice medicine with reasonable skill and safety because of illness or substance abuse.

Gutierrez, Alfredo Jr., M.D., Del Rio, TX, Lic. #C8293
An Agreed Order was entered on 6/6/03 restricting the physician's license for five years under terms and conditions. Action due to intemperate use of alcohol or drugs.

Hartwright, Alva J. Jr., M.D., Doylestown, PA, Lic. #D0906
On 6/6/03, the Board voted to order the revocation of the physician's Texas medical license. Action based on unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure 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.

King, Clarence G., M.D., San Antonio, TX, Lic. #E1883
An Agreed Order was entered on 6/6/03 suspending the physician's license; however, the suspension is stayed and the physician is placed on probation for seven years under terms and conditions. Action due to unprofessional or dishonorable conduct, and intemperate use of alcohol or drugs.

Kolaja, John W., M.D., Houston, TX, Lic. #C7019
An Agreed Order was entered on 6/6/03 assessing a public reprimand and an administrative penalty in the amount of $5,000. Action due to aiding or abetting the unlicensed practice of medicine, and unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.

Krum, Theodore J., M.D., Irving, TX, Lic. #H2517
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $500. Action due to unprofessional or dishonorable conduct.

Lipscomb, Larry B., M.D., Wharton, TX, Lic. #G5303
An Agreed Order was entered on 6/6/03 placing the physician under terms and conditions. Action due to failure to maintain adequate medical records, and disciplinary action by peers.

Loya, Juan, M.D., El Paso, TX, Lic. #J4309
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $5,000. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public, by writing false or fictitious prescriptions.

Madisetti, Narayan S., M.D., Houston, TX, Lic. #F2335
An Agreed Order was entered on 6/6/03 restricting the physician's license for five years under terms and conditions. Action due to failure to practice medicine consistent with public health and welfare.

Martin, Pamela M., M.D., Amarillo, TX, Lic. #H8232
On 6/6/03, the Board voted to order the revocation of the physician's Texas medical license. Action based on 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 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.

Matthews, Earl C., M.D., Greenville, TX, Lic. #J4908
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $5,000. Action due to violation of Board rules.

McCarroll, Gregory D., M.D., San Antonio, TX, Lic. #G5351
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician, assessing an administrative penalty in the amount of $10,000, and placing the physician's license under terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare by failing to discuss colon cancer screening alternatives with one patient.

Minifee, Paul K., M.D., Houston, TX, Lic. #G3613
An Agreed Order was entered on 6/6/03 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.

Moisant, Michael A., D.O., Wichita Falls, TX, Lic. #K7585
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $5,000. Action due to unprofessional conduct.

Molhusen, George, D.O., Garland, TX, Lic. #D5445
An Agreed Order was entered on 6/6/03 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 by failure to retain a medical record for at least seven years.

Muniz, Sergio E., M.D., Amarillo, TX, Lic. #J1325
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician and placing the physician under certain terms and conditions for five years. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public, and prescribing or dispensing to habitual user.

Neece, Stephen R., M.D., Wichita Falls, TX, Lice. #E1910
A Temporary Suspension Order was entered on 6/4/03 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.

O'Brien, Robert J., M.D., Austin, TX, Lic. #J2712
An Agreed Order was entered on 6/6/03 suspending the physician's license. Action due to unprofessional or dishonorable conduct that is likely to deceive to defraud the public or injure the public.

Osuji, Ikechukwu A., M.D., Coppell, TX, Lic. #K6669
An Agreed Order was entered on 6/6/03 placing the physician under certain terms and conditions. Action due to violation of Board rules.

Oswalt, John D., M.D., Austin, TX, Lic. #D8375
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $2,500. Action due to unprofessional or dishonorable conduct that is likely to deceive to defraud the public or injure the public.

Phelps, Charles R. II, M.D., Sherman, TX, Lic. #F7884
An Agreed Order was entered on 6/6/03 restricting the physician's license of five years under terms and conditions. Action due to intemperate use of alcohol or drugs.

Quintana, Oscar F., M.D., Houston, TX, Lic. #K5672
An Agreed Order was entered on 6/6/03 suspending the physician's medical license. Action due to use of alcohol or drugs in an intemperate manner that could endanger a patient's life.

Ramirez, Roque, M.D., Corpus Christi, TX, Lic. #K4201
An Agreed Order was entered on 6/6/03 restricting the physician's license for four years under terms and conditions. Action due to failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Rocha, Ricardo A., M.D., Dallas, TX, Lic. #D3385
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician 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 or injure the public, and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Rochon, Roy, M.D., Irving, TX, Lic. #H5615
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician and assessing an administrative penalty in the amount of $2,500. Action due to violations of Section 164.052(a)(4) of the Act.

Rubin, Joel, D.O., Fort Worth, TX, Lic. #J5885
A Mediated Agreed Order was entered on 6/6/03 placing the physician under certain terms and conditions and 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.

Schnurr, Thomas S., M.D., El Paso, TX, Institutional Permit #34900
An Agreed Order was entered on 6/6/03 canceling the physician's Institutional Permit. Action due to intemperate use of alcohol or drugs, 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.

Shah, Sureshchandra, M.D., Palm Desert, CA, Lic. #G0538
An Agreed Order was entered on 6/6/03 in which the physician voluntarily surrendered his Texas medical license. Action due to disciplinary action taken by another state.

Sharman, Ralph Sr., M.D., Houston, TX, Lic. #D7300
An Agreed Order was entered on 5/21/03 assessing a reprimand and placing the physician under certain terms and conditions. Action due to violation of Board rules for failure to maintain medical records on treatment of family members.

Smith, Donald W., M.D., Spring, TX, Lic. #D6870
An Agreed Order was entered on 6/6/03 revoking the physician's license; however, the revocation is stayed and the physician is placed on probation for 10 years under terms and conditions. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public, and inability to practice medicine with reasonable skill and safety to patients because of illness or substance abuse.

Spencer Schup, Kimberly Ann, M.D., Lubbock, TX, Lic. #J6739
An Agreed Order was entered on 6/6/03 publicly reprimanding the physician, assessing an administrative penalty in the amount of $1,000, and placing her 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.

Steward, Robert H., M.D., Houston, TX, Lic. #H3946
An Agreed Order was entered on 6/6/03 revoking the physician's medical license. 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, and failure to practice medicine in an acceptable professional manner consistent with public health and welfare.

Stone, Marvin A., M.D., Harlingen, TX, Lic. #G7006
An Agreed Order was entered on 6/6/03 revoking the physician's license. Action due to unprofessional or dishonorable conduct that is likely to deceive or defraud the public or injure the public.

Taylor, Ronald J., M.D., Houston, TX, Lic. #H0878
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $1,000. Action due to violation of a Board rule.

Trimble, Terrill Jr., M.D., Wylie, TX, Lic. #C2008
A Temporary Suspension Order was entered on 4/11/03 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.

Urso, Richard G., M.D., Houston, TX, Lic. #H6671
A Mediated Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $1,500. Action due to violation of Board rules.

Villarreal, Julian, M.D., Houston, TX, Lic. #F3369
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $1,000. Action due to violation of Board rules.

West, Robert Van Osdell, M.D., San Antonio, TX, Lic. #F0350
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $5,000. Action due to failure to maintain medical records.

Whitford, Randolph P., M.D., Katy, TX, Lic. #F4680
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $2,500. Action due to unprofessional conduct, and writing improper prescriptions.

Whitman, Jeffrey, M.D., Dallas, TX, Lic. #F7301
An Agreed Order was entered on 6/6/03 assessing an administrative penalty in the amount of $1,000. Action due to false, misleading, and deceptive advertising.

Winslow, James R., M.D., Dallas, TX, Lic. #C5930
An Agreed Order was entered on 6/6/03 in which the physician permanently surrendered his Texas medical license.

Physician Assistant
 

Kilborn, Michael B., P.A., Rotan, TX, Lic. #PA00876
An Agreed Order was entered on 5/2/03 in which the physician assistant voluntarily and permanently surrendered his license. Action due to failure 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. 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.

Media contact Public Information Officer Jill Wiggins at jill.wiggins@tsbme.state.tx.us or (512) 305-7018

Non-media contact: (512) 305-7030 or (800) 248-4062

or write to:

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