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TMB newsletter fall 05 - Texas Medical Board

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TMB newsletter fall 05 - Texas Medical Board Powered By Docstoc
					                                                                                                                           Fall 2005 Volume 3, No.1




Governor Names Medical Board Members

G
         overnor Rick Perry appointed three new mem-                                        development board member of the University of Texas
         bers, and reappointed three others, to the Texas                                   at Tyler and the University of Texas Health Science Cen-
         Medical Board, formerly the Texas State Board                                      ter at Tyler. A graduate of Washing-
of Medical Examiners, for terms to expire April 13,                                         ton State University, he received a
2011. The new appointees are Lawrence Anderson,                                             degree in medicine from the Uni-
                      M.D., of Tyler; Julie K. Attebury,                                    formed Services University of the
                      of Amarillo; and Manuel G.                                            Health Sciences in Maryland and train-
                      Guajardo, M.D., of Brownsville.                                       ing in dermatology at Brooke Army
                           Dr. Anderson is a dermatolo-                                     Medical Center in Texas. He replaces
                      gist and a managing partner with                                                          Joyce A. Roberts,       Ms. Attebury
                      Dermatology Associates of Tyler.                                                          M.D., on the
                      He is a member of the American                                                            board.
                      Medical Association, the Texas                                                                 Ms. Attebury is a financial man-
   Dr. Anderson       Medical Association, the American                                                         ager with Happy Horizons Proper-
                      Academy of Dermatology and                                                                ties, L.P. She is a member of the
the American Society for Dermatologic Surgeons. Dr.                                                             Amarillo Symphony Guild and the
Anderson also is a member of the American College                                                               Panhandle Plains Historic Society. Ms.
                                                                                              Dr. Guajardo
of Mohs Micrographic Surgery and Cutaneous Oncol-                                                               Attebury also is Chairman of the
ogy, and the American College of Physicians. He serves                                      Amarillo Area Foundation. She previously served as co-
on the board of Discovery Science Place, the Tyler Mu-
seum of Art and Tyler Vision 2010. Dr. Anderson is a                                                                             continued on page 8



Board Implements New Process for Rules Development
N    ew processes to encourage early input on rules
     from interested persons and groups, as required
by the agency’s Sunset legislation (SB 419), are prov-
                                                                                            ing to be helpful to agency staff and board as well as
                                                                                            useful for stakeholders.
                                                                                                Several methods are being used to seek comment:
                                                                                               ✰ Standing Stakeholder Workgroups: Representa-
 IN    THIS ISSUE                                                                                 tives of major stakeholder groups are partici-
 From the Executive Director .................................................. 2                 pating in ongoing small workgroups that meet
 Disciplinary Actions ............................................................... 3           periodically to review issues being considered
 Immunizations for the Elderly ................................................. 5                for rulemaking, draft rules, and proposed rules.
 Formal Complaints .................................................................. 6
                                                                                                  Standing workgroups are used for Licensure,
 Acupuncture News ............................................................. 13
                                                                                                  Enforcement, Compliance, Physician Assistant,
 Rule Changes ...................................................................... 17
 Quick FAQs .......................................................................... 19
                                                                                                                                 continued on page 4
FROM               THE             EXECUTIVE DIRECTOR
by Donald W. Patrick, M.D., J.D.



O
          ne of the most far-reaching provisions of the                ported in the same format as serious standard of care
          TMB Sunset legislation (SB 419) passed by the                cases, giving the impression that both types are of the
          Texas Legislature this year was assigning to the             same severity. An agreed administrative order will be
Texas Medical Board the authority to use administrative                displayed less conspicuously in the agency newsletter.
orders in its disciplinary process. Administrative orders              Statutes require that these orders still be included in the
are presently being used in a limited fashion in cases                 individual’s physician profile published on the agency
involving CME and medical records violations to al-                    web site.
low physicians to pay a fine in lieu of participating in a                  Approval of the chairman of the Disciplinary Pro-
settlement conference with a disciplinary panel of the                 cess Review Committee is required before an adminis-
board. The recent statute revision allows board staff to               trative order can be offered. At any time in the process,
widen its administrative order capability to all non-stan-             the respondent physician can request an ISC. All orders
dard of care violations.                                               have to be approved by the Board in a regularly sched-
      There are significant advantages inherent in admin-              uled meeting before becoming final.
istrative actions. The board wants to encourage the use                     The Texas Medical Board plans to include substance
of this measure so that disciplinary actions can be handled            abuse, public and private; medical record retention and
more quickly, less expensively, and less publicly than dis-            release violations; CME violations; delinquent death cer-
ciplinary actions that require a Show Cause/Informal                   tificate signings; and similar non-standard of care viola-
Settlement Conference (ISC). Non-standard of care                      tions in its administrative sanctions.
cases are easier to investigate, requiring no expert panel-                 Following is a summary of the advantages and dis-
ists. They can be completed in a relatively short time, a              advantages of an administrative order versus one rec-
plus to both the physician waiting for the next shoe to                ommended to the full board by an ISC. This is not an
fall and to an agency that needs to devote its assets to               inclusive list, but it shows some plus and minus factors
those serious cases about which the public has shown                   for both parties.
greater concern. Administrative orders also decrease                        Advantage to the Board:
costs for the agency as well as physicians, who will be                        1. Fewer ISCs
offered the opportunity to pay a minimal fine if they                          2. Fewer hours of staff attorney time
cooperate with the staff in agreeing to an administra-                         3. More efficiency and less hassle
tive order. In addition, administrative actions such as                     Advantage to the Respondent Physician:
CME and medical records violations are presently re-                           1. Less expense to defend the case
                                                                                                           continued on page 10


   MEDICAL BOARD                   Lawrence L. Anderson, M.D., Tyler
                                   Julie K. Attebury, Amarillo
     BULLETIN                      José M. Benavides, M.D., San Antonio
                                   Patricia S. Blackwell, Midland
  Newsletter of the Texas          Christine L. Canterbury, M.D. Corpus Christi                     Mission Statement
     Medical Board                 Melinda S. Fredricks, Conroe                                  Our Board’s mission is to
                                   David E. Garza, D.O., Laredo                               protect and enhance the public’s
                                   Manuel G. Guajardo, M.D., Brownsville
                                                                                                health, safety and welfare by
                                   Amanullah Khan, M.D., Dallas
                                   Thomas D. Kirksey, M.D., Austin                             establishing and maintaining
                                   Keith E. Miller, M.D., Center                              standards of excellence used in
                                   Elvira Pascua-Lim, M.D., Lubbock                              regulating the practice of
                                   John W. Pate, Jr., M.D., El Paso
                                                                                               medicine and ensuring quality
                                   Annette P. Raggette, Austin
                                   Paulette B. Southard, Alice                                 health care for the citizens of
    Roberta M. Kalafut, D.O.,                                                                    Texas through licensure,
                                   Timothy J. Turner, Houston
      Abilene, President
                                                                                                 discipline and education.
    Larry Price, D.O., Temple      Donald W. Patrick, MD., J.D., Executive Director
         Vice President            Jerry Walker, Deputy Executive Director
 Eddie J. Miles Jr., San Antonio   Michele Shackelford, J.D., General Counsel
      Secretary/Treasurer          Jill Wiggins, Public Information Officer, Editor


   2
    The board has taken the following disciplinary ac-        AVILA, FERNANDO T., M.D., SAN ANTONIO, TX, Lic.
tions involving 117 physicians, one acupuncturist and         #G2899
two physician assistants since publication of the Spring      On August 26, 2005, the Board and Dr. Avila entered
2005 Medical Board Bulletin:                                  into an Agreed Order assessing an administrative penalty
AHRENDT, DEBORAH KAY, M.D., PALESTINE, TX, Lic.               of $1,000. The action was based on allegations that Dr.
#F3697                                                        Avila violated state law by employing a physician whose
                                                              medical license had been suspended, canceled or revoked
On October 7, 2005, the Board and Dr. Ahrendt entered
                                                              as a non-practicing physician administrative assistant.
into an Agreed Order whereby Dr. Ahrendt voluntarily
surrendered her license because of her desire to retire       BARNETT, STEPHEN EMBREE, M.D., AUSTIN, TX, Lic.
due to poor health.                                           #D3147
AMJADI, ROJAN, M.D., HOUSTON, TX, Lic. #J8439                 On August 26, 2005, the Board and Dr. Barnett entered
                                                              into an Agreed Order making public Dr. Barnett’s March
On October 7, 2005, the Board and Dr. Amjadi entered
                                                              30, 2001, nonpublic Agreed Order and assessing an ad-
into an Agreed Order assessing an administrative penalty
                                                              ministrative penalty of $5,000. The action was based on
of $1,000. The action was based on allegations that Dr.
                                                              allegations that Dr. Barnett failed to call the assigned toll-
Amjadi overcharged for providing copies of medical
                                                              free number to check whether he was to provide a urine
records for one patient and failed to timely respond to a
                                                              sample for testing, as required by the nonpublic Agreed
request from the Board for copies of medical records.
                                                              Order.
ARAUZ, JULIO CESAR, M.D., HOUSTON, TX, Lic. #J5247
                                                              BARRY, GENE N., M.D., BEAUMONT, TX, Lic. #H9780
On August 26, 2005, the Board and Dr. Arauz entered
                                                              On August 26, 2005, the Board and Dr. Barry entered
into a three-year mediated Agreed Order requiring Dr.
                                                              into a three-year Agreed Order publicly reprimanding Dr.
Arauz to complete a course of at least two days in pre-
                                                              Barry, restricting him from performing laparoscopic sur-
scribing or controlled substance management; prohibiting
                                                              gery and requiring him to attend at least 30 hours of
him from prescribing controlled substances or dangerous
                                                              continuing medical education in the areas of managing
drugs with addictive potential or potential for abuse by
                                                              difficult pregnancies and in medical record keeping. The
telephone to a pharmacy; and requiring him to maintain a
                                                              action was based on allegations that Dr. Barry failed to
logbook for prescriptions for such medications. The ac-
                                                              meet the standard of care in treating several obstetrical
tion was based on allegations Dr. Arauz violated Board
                                                              patients and in failing to see, follow up or perform physi-
rules relating to requirements for standing delegation or-
                                                              cal exams on multiple patients.
ders.
                                                              BERG, MICHAEL W., M.D., HARLINGEN, TX, Lic. #F3683
ASHLEY, IAN MARCUS, M.D., WACO, TX, Lic. #K6528
                                                              On October 7, 2005, the Board and Dr. Berg entered
On August 26, 2005, the Board and Dr. Ashley entered
                                                              into a Mediated Agreed Order requiring Dr. Berg to at-
into an Agreed Order assessing an administrative penalty
                                                              tend 10 hours of continuing medical education in the
of $500. The action was based on allegations that Dr.
                                                              area of geriatric health care issues; to complete the Physi-
Ashley violated the Board’s rules relating to advertising
                                                              cian-Patient Communication Course offered by the Uni-
and to rewarding persons for soliciting patients during the
                                                              versity of California at San Diego Physician Assessment
course of his efforts to implement a telemedicine pro-
                                                              and Clinical Education (PACE) Program or an equivalent
gram for the Big Bend region of West Texas pursuant to
                                                              course; and to teach a two-hour course on the issue of
a grant from the United States Food and Drug Adminis-
                                                              informed consent by patients and family members to the
tration.
                                                              UT Health Science Center-San Antonio Internal Medi-
                                                              cine and/or Gastroenterology section. The action was
                                                                                                     continued on page 4

                                                                                                                          3
continued from page 3

based on allegations that Dr. Berg violated a Board rule     BROWN, DENNIS GRAEME, M.D., HOUSTON, TX, Lic.
by failing to adequately communicate with patients about     #E2148
endoscopies and colonoscopies and their potential risks.     On October 7, 2005, the Board and Dr. Brown entered
BLESSING, WILLIAM SCOTT, M.D., DALLAS, TX, Lic.              into an Agreed Order assessing an administrative penalty
#E0820                                                       of $500. The action was based on an action of the Florida
On June 10, 2005, the Board and Dr. Blessing entered         Board of Medicine, which assessed an administrative pen-
into an Agreed Order suspending Dr. Blessing’s license       alty of $1,000. That action was taken because Dr. Brown,
until such time as certain evaluation and monitoring re-     in his application for a Florida license in 2004, incorrectly
quirements are established and reported to the Executive     answered a question, thereby failing to disclose that he
Director and then placing him on probation under terms       repeated some courses at the Baylor College of Medicine
and conditions for 10 years thereafter. The terms and        in 1965.
conditions included abstinence from consumption of drugs     BRYANT, SULLIVAN ROSS, D.O., DALLAS, TX, Lic.
and alcohol, psychiatric care and treatment, and monitor-    #E2992
ing by the chief of staff and the chief of anesthesia        On October 7, 2005, the Board and Dr. Bryant entered
services of each facility at which Dr. Blessing has privi-   into a three-year Agreed Order requiring his practice to
leges.                                                       be monitored by another physician and that he obtain 10
BOOTHE, WILLIAM ALBERT., M.D., DALLAS, TX, Lic.              hours of continuing medical education in medical record-
#F9221                                                       keeping. The action was based on allegations that Dr. Bryant
On August 26, 2005, the Board and Dr. Boothe entered         failed to maintain an adequate medical record for one
into an Agreed Order assessing an administrative penalty     patient.
of $500. The action was based on allegations that Dr.        CAPELLO, JUAN J., M.D., BEDFORD, TX, Lic. #D4061
Boothe failed to timely release the properly requested       On October 7, 2005, the Board and Dr. Capello entered
medical records of one patient within 15 business days       into a three-year Agreed Order requiring that Dr. Capello
of receipt of the written request.                           limit his practice to a non-surgical practice. The action


Rules Development, continued from page 1

     and Acupuncture issues.                                 address rules required under SB 419. Although a small
   ✰ Ad Hoc Stakeholder Workgroups: Short-term               number of stakeholder representatives are invited to be
     workgroups have been formed as needed to                workgroup members, meetings are posted and open
     provide input on specific issues. Membership            to the public. The workgroup process has been to hold
     varies according to the issues. Staff attempts to       an initial discussion of issues with the workgroups prior
     identify stakeholders involved in each issue by         to staff drafting rules. After rules are drafted, the
     reviewing records of legislative hearings and           workgroups meet to review drafts and provide further
     agency correspondence.                                  input before rules are sent to the board. A report of
   ✰ Individual Input: Input from interested individu-       workgroup suggestions is provided to the Board.
     als is solicited through various means as appro-             A new section on the agency website provides in-
     priate, including the agency website, newsletter,       formation regarding issues for which rules are currently
     press releases and individual contact to known          being developed and a link to submit electronic com-
     constituents involved in the issue. Input may be        ment on the issues. The web address is http://
     provided by letter or through the e-mail account        www.tmb.state.tx.us/rules/develop.
     established for this purpose.                                Once the board formally proposes rules, the pro-
    Information provided by stakeholders is consid-          posed rules are published in the Texas Register and there
ered by staff in drafting rules and is summarized in a       is additional opportunity for public comment. Infor-
report to the board before the proposed rules are            mation regarding proposed rules and rules in develop-
adopted.                                                     ment is provided on page 17 of this issue. ◆
    Stakeholder workgroups began meeting in June to


  4
                                                                   Notice to Physicians Treating
was based on allegations that Dr. Capello failed to ad-
                                                                   Elderly Persons
equately document up to four surgical procedures. Dr.
Capello had voluntarily stopped his surgical practice prior
to the investigation by the Board.                                    Under the requirements of SB 1330, which
                                                                   was effective September 1, physicians respon-
CANTU, ROBERT EDWARD, M.D., AUSTIN, TX, Lic.
                                                                   sible for the management of an office that
#H4211
                                                                   provides ongoing medical care to elderly
On August 26, 2005, the Board and Dr. Cantu entered
                                                                   persons are required by TMB to offer, to the
into an Agreed Order requiring Dr. Cantu to enroll in and
successfully complete the course offered by the Vanderbilt         extent possible as determined by the physi-
Medical Center for Professional Health entitled A Con-             cian, the opportunity to receive the pneumo-
tinuing Education Course for Physicians Who Cross Sexual           coccal and influenza vaccines to each elderly
Boundaries; to complete at least 10 hours of continuing            person who receives ongoing care at the
medical education in the area of record keeping; and as-           office. If the physician decides it is not
sessing an administrative penalty of $2,500. The action            feasible to offer the vaccine, the physician
was based on allegations that Dr. Cantu prescribed Adderall        must provide the person with information on
to a patient with whom he had previously had a social              other options. The Texas Department of State
relationship and did not maintain any medical records for
                                                                   Health Services provides full information
this patient.
                                                                   regarding immunizations on its website at
CECIL, ROSEMARY, M.D., BEDFORD, TX, Lic. #F6520                    www.immunizetexas.com.
On August 26, 2005, the Board and Dr. Cecil entered
into an Agreed Order assessing an administrative penalty
of $1,000. The action was based on allegations that Dr.
                                                                into an Agreed Order requiring him to comply with the
Cecil failed to timely provide properly requested medical
                                                                terms and conditions imposed by the North Dakota Board
records within 15 business days of receipt of the written
                                                                of Medical Examiners. The action was based on the ac-
request.
                                                                tion of the North Dakota Board in placing Dr. Damle on
CHILDERS, CECIL ADISON JR., M.D., CORPUS CHRISTI,               probation for one year for nontherapeutic prescribing
TX, Lic. #C8922                                                 during his care of three patients.
On August 26, 2005, the Board and Dr. Childers entered          DARBY, CASTILLA ADOLPHUS JR., M.D., DALLAS, TX,
into an Agreed Order requiring Dr. Childers to success-         Lic. #F8840
fully complete within one year a continuing medical edu-
                                                                On August 26, 2005, the Board and Dr. Darby entered
cation course of at least 25 hours in psychopharmacol-
                                                                into an Agreed Order restricting Dr. Darby’s license un-
ogy and dual diagnosis and a course in medical record
                                                                der terms and conditions, including that Dr. Darby may
keeping of at least 10 hours. The action was based on
                                                                practice only in a group or institutional setting approved
allegations that Dr. Childers failed to appropriately man-
                                                                by the Executive Director and that one of the physicians
age a difficult psychiatric patient, including nontherapeutic
                                                                in the group must supervise his practice. Dr. Darby shall
prescribing, without attention to potential drug interac-
                                                                follow all recommendations of his supervising physician.
tion and inadequate documentation to support the ratio-
                                                                Other terms and conditions include the following: for the
nale for the prescribing and substituting of various medi-
                                                                first three years of the order another physician is to addi-
cations.
                                                                tionally monitor Dr. Darby’s practice by reviewing selected
CRAIN, BURTON JR., M.D., RUSK, TX, Lic. #D0095                  medical records; and that Dr. Darby complete a course in
On October 7, 2005, the Board and Dr. Crain entered             medical record keeping of a least 10 hours. Additionally,
into an Agreed Order whereby Dr. Crain voluntarily sur-         Dr. Darby is not permitted to supervise a physician assis-
rendered his license due to his age and his desire to retire    tant or advanced nurse practitioner. The action was based
after a long and distinguished medical career.                  on allegations that Dr. Darby failed to practice medicine
                                                                in an acceptable professional manner and failed to meet
DAMLE, JAYANT SHRIPAD, M.D., GRAND FORKS, ND,
                                                                the required standard of care in his treatment of multiple
Lic. #H9316
                                                                patients.
On October 7, 2005, the Board and Dr. Damle entered
                                                                                                      continued on page 8

                                                                                                                          5
     The following Formal Complaints have been filed with the State Office of Administrative Hearings regarding
the licensees listed below. The cases were unresolved at the time of publication.

Name                            License No. Date filed            Allegations

Luis F. Arango, M.D. ................ G2632 ........... 7/18/05 ..... Overbilling Medicare and Medicaid.
Beauford Basped Jr., D.O. ....... E3813 ............ 10/5/05 ..... Nontherapeutic prescribing; prescribing below the
                                                                   standard of care; failure to maintain adequate medical
                                                                   records.
Tony Truong Bui, M.D. ............ K2314 ............ 8/10/05 ..... Failure to comply with board order that he abstain
                                                                    from alcohol.
Odette L. Campbell, M.D. ...... H9609 ............ 8/11/05 ..... Unprofessional conduct in falsifying application for
                                                                 hospital staff privileges.
Robert R. Cassella, M.D. .......... F4784 ............ 8/29/05 ..... Nontherapeutic prescribing; prescribing below the
                                                                     standard of care; failure to maintain adequate medical
                                                                     records; falsifying medical records.
Bruce A. Cheatham, M.D. ....... E8389 ............ 8/19/05 ..... Failure to meet the standard of care in reading
                                                                 radiographic films by confusing films of two patients.
Josie Ann Cigarroa, M.D. ........ F0317 ............ 8/26/05 ..... Intemperate use of drugs or alcohol; nontherapeutic
                                                                   prescribing; writing false or fictitious prescriptions.
James F. Gardner III, M.D. ..... G3382 ........... 8/11/05 ..... Failure to provide requested documentation of
                                                                 required CME.
Carl S. Heller, M.D. .................. F8154 ............ 8/31/05 ..... Writing prescriptions to a known abuser;
                                                                         nontherapeutic prescribing; inappropriate prescribing
                                                                         to someone with whom he had a close personal
                                                                         relationship.
Shayam A. Jha, M.D. ................ K3764 ............ 9/20/05 ..... Failure to meet the standard of care in extubating a
                                                                      patient before the patient was fully awake from
                                                                      anesthesia, resulting in the patient’s death.
Tone Johnson Jr., M.D. ............ G6946 ........... 7/15/05 ..... Failing to examine patient within 24 hours of
                                                                    admission to the hospital; failure to maintain
                                                                    adequate medical records.
Sidney A. Kelt Jr., M.D. ............ H1601 ............ 6/17/05 ..... Improperly terminating a physician-patient
                                                                       relationship.


  6
Name                            License No.      Date filed      Allegations

John Q. T. King Jr., M.D. ......... E2656 ............ 8/19/05 ..... Failure to comply with previous board order;
                                                                     providing false information to the Board.
Shiva K. Lam, M.D. ................. K4933 ............ 8/23/05 ..... Failure to meet the standard of care in the treatment
                                                                      of a psychiatric patient; nontherapeutic prescribing.
Miltiadis N. Leon, M.D. ........... K0890 ............ 8/29/05 ..... Inappropriate behavior with female patients;
                                                                     boundary violations; peer review action.
Harold D. Lewis, D.O. ............ E6126 ............ 8/19/05 ..... Failure to adequately supervise and properly delegate
                                                                    medical duties to a student that resulted in injury to a
                                                                    patient.
Leonard G. Nepper, D.O. ........ J9240 ............. 8/29/05 ..... Unprofessional conduct; inappropriate behavior
                                                                   toward nurses; disciplinary action by peers.
Aurelio A. Ortiz, M.D. ............. F7870 ............ 7/18/05 ..... Unprofessional conduct; falsifying medical records;
                                                                      failure to maintain adequate medical records.
Marlon D. Padilla, M.D. ........... K2254 ............ 8/23/05 ..... Aiding and abetting the corporate practice of
                                                                     medicine; violation of state or federal law; providing
                                                                     medically unnecessary services; submitting improper
                                                                     bills; fee-splitting.
Ramesh K. Srungaram, M.D. .. H1845 ............ 8/15/05 ..... Failure to meet the standard of care in surgery and
                                                              treatment of bariatric patients.
Steven D. Western, D.O. .......... K6952 ............ 8/22/05 ..... Patient abandonment; failure to provide medical
                                                                    records upon request.
Michael D. Williams, D.O. ....... H2907 ............ 8/18/05 ..... Improper administration of office-based anesthesia in
                                                                   breast augmentation surgery.
Robert Womack, M.D. ............ G6773 ........... 8/18/05 ..... Self-prescribing; impairment due to substance abuse;
                                                                 nontherapeutic prescribing.
Ronald A. Woods Jr., M.D. ..... H4808 ............ 8/26/05 ..... Videotaping minor females in the nude and using the
                                                                 bathroom; possessing pornographic material with
                                                                 images of young girls; pleading guilty to a state jail
                                                                 felony obscenity charge.
Thomas A. J. Vaughan, M.D. ... E0299 ............ 10/5/05 ..... Impairment due to use of drugs or alcohol; action by
                                                                another state; peer review action.
Pablo L. Xiques, M.D. .............. E3823 ............ 8/31/05 ..... Writing prescriptions to a known abuser;
                                                                      nontherapeutic prescribing.




                                                                                                                               7
Board, continued from page 1

chair on the Governor’s Commission for Women, ap-             cians. He is a life member of the Southern Medical As-
pointed by Governor Perry. She also served as a board         sociation, and serves as an honorary member of the
member and president of the Amarillo Independent              Bexar County Medical Society and the Texas Medical
School District. A graduate of Rice University, she re-       Association. A graduate of the Colegio Civil at the
ceived a master’s degree from West Texas A&M Uni-             Universidad de Nuevo Leon in Mexico, Dr. Benavides
versity. She replaces Nancy Seliger as a public member        received his medical degree from the Facultad de
of the board.                                                 Medicina at the Universidad de Nuevo Leon.
     Dr. Guajardo is a board certified obstetrician-gy-            David E. Garza, D.O., of Laredo is a solo family
necologist and has practiced in Brownsville since 1987.       physician and was reappointed to the board. He is board
He attended Texas Southmost College (now the Uni-             certified in family practice and has served as chief of
versity of Texas at Brownsville), and received a B.S. in      family practice at Mercy Regional Medical Center, presi-
biology from the University of Texas at San Antonio.          dent of the Healthcare Alliance of Laredo and chief of
He received his medical degree from the University of         staff at Doctors Hospital of Laredo, where he now
Texas Health Science Center in Houston in 1983 and            serves as board chairman. Dr. Garza served four years
completed a residency in obstetrics and gynecology at         on the editorial committee for the Federation of State
Methodist and Parkland Hospitals in Dallas. Dr.               Medical Boards and has been nominated for a position
Guajardo has served as chairman of the Department             on the National Board of Medical Examiners. He is a
of Obstetrics and Gynecology and chairman of the              clinical assistant professor and alumni association board
board at Valley Regional Medical Center in Brownsville.       vice president for the University of North Texas Health
He is a founder and currently serves as president and         Science Center’s Texas College of Osteopathic Medi-
chairman of the board of Brownsville Surgical Hospi-          cine. A graduate of the University of Texas at Austin,
tal. Dr. Guajardo has served on the Medical Board’s           he received an osteopathic medical degree from the Uni-
District Review Committee since 1987. He replaces Lee         versity of North Texas Health Science Center’s Texas
S. Anderson, M.D., on the board.                              College of Osteopathic Medicine.
     José Manuel Benavides, M.D., of San Antonio was               Paulette Southard of Alice was reappointed to the
reappointed to the board. He is a clinical professor of       board. She serves as campaign chair of the United Way
medicine in the Department of Internal Medicine at the        of Alice, president of the Alice Chamber of Com-
University of Texas Health Science Center at San Anto-        merce and past president of the Alice Rotary Club. Ms.
nio. Dr. Benavides is a member of the American Medi-          Southard also serves on the advisory board of Christus
cal Association, the San Antonio Club of Internal Medi-       Spohn Hospital in Alice. She received a bachelor’s de-
cine and a fellow of the American College of Physi-           gree from Baylor University. ◆


continued from page 5
DEAN, THURSTON E. III, M.D., TEXARKANA, TX, Lic.              of $5,000. The action was based on allegations that Dr.
#G3281                                                        Diaz failed to practice medicine in an acceptable profes-
On August 28, 2005, the Board and Dr. Dean entered            sional manner by selling vitamins and supplements to five
into an Agreed Order publicly reprimanding Dr. Dean           patients for prevention and longevity health treatments at
and restricting his license for five years under terms and    a profit and prescribing human growth hormone to one
conditions, including that he complete at least 35 hours      female patient for anti-aging effects.
per year of continuing medical education; that he limit his   DRAZNER, BRYAN SCOTT, M.D., DALLAS, TX, Lic.
practice to a group or institutional setting approved by      #J0945
the Executive Director; and assessing an administrative       On August 26, 2005, the Board and Dr. Drazner entered
penalty of $5,000. The action was based on allegations        into an Agreed Order requiring Dr. Drazner to complete
Dr. Dean fell below the standard of care in his treatment     at least 50 hours of continuing medical education in the
of five patients by failing to obtain expert consultations.   areas of medical records, risk management, ethics and
DIAZ, THOMAS EDWARD, M.D., IRVING, TX, Lic. #H4284            physician-patient confidentiality; and assessing an admin-
On October 7, 2005, the Board and Dr. Diaz entered            istrative penalty of $3,000. The action was based on alle-
into an Agreed Order assessing an administrative penalty      gations that Dr. Drazner breached patient-physician con-


  8
fidentiality by dictating a note for the medical record of a   rary suspension of Dr. Elder’s license by the Board on
patient while on an airplane flight, which was overheard       December 3, 2004.
by another passenger.                                          FERNANDEZ, CARLOS H., M.D., HOUSTON, TX, Lic.
DUKE, DAVID LEVITICUS III, M.D., NACOGDOCHES, TX,              #D9438
Lic. #G3311                                                    On August 11, 2005, the Board, acting through a three-
On August 26, 2005, the Board and Dr. Duke entered             member disciplinary panel, ordered the temporary sus-
into an Agreed Order assessing an administrative penalty       pension of Dr. Fernandez’s license after determining that
of $500. The action was based on allegations that Dr.          his continuation in the practice of medicine presented a
Duke failed to timely release properly requested medical       continuing threat to the public welfare. The Temporary
records within 15 business days of receipt of the written      Suspension Order is to remain in effect until such time as
request.                                                       it is superseded by a subsequent order of the Board. The
DUNCAN, CHRISTOPHER W., M.D., SAN ANTONIO, TX,                 action was based on Dr. Fernandez’s failure to comply
Lic. #G3314                                                    with previous orders requiring him to complete an educa-
                                                               tion plan recommended by the Center for Personalized
On October 7, 2005, the Board and Dr. Duncan entered
                                                               Education for Physicians program as well as practicing as
into an Agreed Order suspending Dr. Duncan’s license
                                                               an emergency room physician in violation of a previous
for six months, after which time he may request to have
                                                               order restricting him to family practice. In addition, the
the suspension lifted. If Dr. Duncan presents clear and
                                                               panel found that Dr. Fernandez failed to meet the stan-
convincing evidence to the Board that he is able to safely
                                                               dard of care in the treatment of five patients in the
practice medicine, the suspension may be stayed and he
                                                               Dickerson Memorial Hospital Emergency Department
may be placed under probation for 15 years under such
                                                               in November of 2004.
terms and conditions the Board determines are necessary
to adequately protect the public. The Agreed Order fur-        FINO, SAMEER ANDONI, M.D., LUFKIN, TX, Lic. #J2004
ther requires Dr. Duncan to abstain from the consump-          On August 26, 2005, the Board and Dr. Fino entered into
tion of alcohol and other prohibited substances as speci-      an Agreed Order assessing an administrative penalty of
fied in the order and to be screened for such substances       $500. The action was based on allegations that Dr. Fino
as requested by the Board. The action was based on alle-       paid a $500 administrative penalty to the Kansas State
gations that Dr. Duncan has used alcohol or drugs in an        Board of Healing Arts for failing to acknowledge on his
intemperate manner that could endanger a patient’s life.       application for licensure that he had been placed on tem-
ECHOLS, BEN HARRIS, M.D., HOUSTON, TX, Lic. #F6227             porary probation during his residency after a complaint
                                                               of alleged sexual harassment.
On August 26, 2005, the Board and Dr. Echols entered
into a two-year Agreed Order requiring that Dr. Echols         FOX, JAMES WILSON, M.D., AUSTIN, TX, Lic. #D5001
obtain 35 hours of continuing medical education in record      On August 26, 2005, the Board and Dr. Fox entered into
keeping, chronic pain management and use of controlled         an Agreed Order requiring Dr. Fox to take and pass the
substances; that his practice be monitored by another          Medical Jurisprudence Examination within one year and
physician; and assessing an administrative penalty of          assessing an administrative penalty of $2,500. The action
$2,000. The action was based on allegations that Dr. Echols    was based on allegations that Dr. Fox failed to supervise
failed to meet the standard of care in treating 11 patients    delegates, delegated to unqualified personnel, and failed
with pain issues.                                              to maintain adequate records during the time he acted as
ELDER, JAMES EVERETT JR., M.D., RICHARDSON, TX,                medical director for Allure Laser Spa.
Lic. #K5289                                                    FULP, RAY R. TREY III, D.O., McALLEN, TX, Lic. #J7963
On August 26, 2005, the Board and Dr. Elder entered            On October 7, 2005, the Board and Dr. Fulp entered
into an Agreed Order accepting the voluntary surrender         into an Agreed Order requiring Dr. Fulp to complete a
of Dr. Elder’s medical license. The action was based on        medical record-keeping course of at least 25 hours and
allegations that Dr. Elder wrote false or fictitious pre-      assessing an administrative penalty of $5,000. The action
scriptions, was disciplined by his peers, improperly termi-    was based on allegations that Dr. Fulp failed to adequately
nated a physician-patient relationship and failed to timely    document office visits for four patients.
release medical records. The action followed the tempo-
                                                                                                   continued on page 10

                                                                                                                        9
continued from page 9

GARZA, JIM SANTIAGO, M.D., HOUSTON, TX, Lic.                  GUERRA, ANTONIO FRED, M.D., SAN ANTONIO, TX, Lic.
#E4347                                                        #F9511
On October 7, 2005, the Board and Dr. Garza entered           On August 26, 2005, the Board and Dr. Guerra entered
into an Agreed Order requiring that Dr. Garza’s practice      into an Agreed Order requiring him to submit confirma-
be monitored by another physician for one year; that he       tion of completion of 15 hours of continuing medical
complete 10 hours of courses in each of the areas of          education and assessing an administrative penalty of
record-keeping, risk management and patient safety; and       $1,000. The action was based on allegations that Dr. Guerra
assessing an administrative penalty of $1,000. The action     had failed to timely obtain continuing medical education
was based on allegations that Dr. Garza breached the stan-    as required by a previous Board order.
dard of care when he failed to ensure that he was not         GUPTA, SUNIL KUMAR, M.D., ALICE, TX, Lic. #L9719
narrowing the esophagus during surgery to repair a Zenkers’
                                                              On August 26, 2005, the Board and Dr. Gupta entered
diverticulum.
                                                              into an Agreed Order assessing an administrative penalty
GIESSEL, BARTON ELGIN, M.D., ENNIS, TX, Lic. #K7541           of $500. The action was based on allegations that Dr.
On October 7, 2005, the Board and Dr. Giessel entered         Gupta failed to timely sign a medical certification on a
into an Agreed Order assessing an administrative penalty      patient’s death certificate.
of $500. The action was based on allegations that Dr.         GUTTUSO, PAUL A., M.D., MISSOURI CITY, TX, Lic.
Giessel failed to timely provide properly requested medi-     #K5546
cal records within 15 business days of receipt of the re-
                                                              On August 26, 2005, the Board and Dr. Guttuso entered
quest.
                                                              into an Agreed Order assessing an administrative penalty
GOLD, JUDITH, M.D., LAKE JACKSON, TX, Lic. #J9058             of $1,000. The action was based on allegations that Dr.
On August 26, 2005, the Board and Dr. Gold entered            Guttuso was subject to disciplinary action by another state
into an Agreed Order assessing an administrative penalty      that imposed an administrative fine of $1,255.47 for a
of $1,000. The action was based on allegations of false,      self-reported incident in which he failed to adequately
misleading or deceptive advertising. The advertising of       check the level of insulin being injected by his medical
the dialysis center where Dr. Gold practices listed Dr.       assistant.
Gold as a board certified nephrologist. Dr. Gold acknowl-     HAQ, ANWARUL, M.D., RICHARDSON, TX, Lic. #K4452
edged that she is not board certified in that specialty.
                                                              On August 26, 2005, the Board and Dr. Haq entered into




ED Column, continued from page 2
                                                                   Disadvantage to the Respondent Physician:
        2. Less fine to pay
                                                                      1. Eliminates a personal appearance and presen-
        3. Less time spent preparing for and attending
                                                                         tation of a defense for one’s actions
           an ISC
                                                                   The final rules regarding these proposed adminis-
        4. Avoids the discomfort of a hearing
                                                              trative sanctions have not yet been completed, but are
        5. Less public display of the resultant order
                                                              in development. Standard orders for standard viola-
        6. Less clock time start to finish, putting the ex-
                                                              tions will be approved by the Board. Any changes in
           perience behind more quickly
                                                              standard administrative orders will have to be approved
        7. Can request an ISC at any time before signing
                                                              by the Board.
           an administrative order
                                                                   Physicians need to be aware that some of these
      Disadvantage to the Board:
                                                              advantages will not apply if the respondent physician
        1. Less fine payable to the general revenue of
                                                              elects not to accept the administrative order offered by
           the state
                                                              the staff. At that time, the case reverts to the standard
        2. Less direct involvement of the board mem-
                                                              ISC process. ◆
           bers in the adjudicatory process


 10
an Agreed Order assessing an administrative penalty of        of $1,000. The action was based on allegations that Dr.
$1,000. The action was based on allegations that Dr. Haq      Hurley failed to timely arrange for a forensic psychiatric
did not properly report his practice address to the Board     evaluation as required by a December 10, 2004, board
as required by Board rule.                                    order.
HASHMI, SHAKEB, M.D., LITTLE ROCK, AR, Lic. #K9562            JATOI, ALIMADAD M, M.D., COLLEYVILLE, TX, Lic.
On October 7, 2005, the Board and Dr. Hashmi entered          #D9831
into an Agreed Order publicly reprimanding Dr. Hashmi;        On August 26, 2005, the Board suspended Dr. Jatoi’s
requiring him to attend 20 hours of continuing medical        license for a period of three years. Dr. Jatoi shall have the
education in ethics and proper patient boundaries; and        right to petition the Board in writing for termination of
assessing an administrative penalty of $5,000. The action     the suspension only after the full and complete three-year
was based on Dr. Hashmi’s misdemeanor conviction for          time period of suspension has elapsed. The action was
simple assault upon a female.                                 based upon Dr. Jatoi’s noncompliance with a previous
HENRY, CRAIG B., M.D., ARLINGTON, TX, Lic. #H2942             order requiring 50 hours of continuing medical educa-
                                                              tion during each year of his probation, and a $5,000 ad-
On October 7, 2005, the Board and Dr. Henry entered
                                                              ministrative penalty. A Motion for Rehearing was denied
into an Agreed Order publicly reprimanding Dr. Henry;
                                                              by the Board and the August 26 order was final effective
requiring that his practice be monitored by another physi-
                                                              October 7.
cian for one year; that he complete 10 hours of continu-
ing medical education in each of the areas of medical         JENNINGS, LYNN KARIN, M.D., WICHITA FALLS, TX, Lic.
record-keeping and pain management; and assessing an          #J7528
administrative penalty of $1,000. The action was based        On August 26, 2005, the Board and Dr. Jennings entered
on allegations that Dr. Henry prescribed a course of          into an Agreed Order assessing an administrative penalty
Lortab to a patient without sufficient clinical indication    of $500. The action was based on allegations that Dr.
and without obtaining records from prior treating physi-      Jennings failed to timely release properly requested medi-
cians, and that he additionally prescribed Ambien to this     cal records for two patients within 15 business days of
patient, via telephone, without charting any clinical indi-   receipt of the written request.
cation for the prescription.                                  JONES, JAMES STEPHEN, M.D., LUBBOCK, TX, Lic.
HORAN, JOHN W. P., M.D., NEW BRAUNFELS, TX, Lic.              #M1806
#J1097                                                        On October 21, 2005, a Temporary Suspension Order
On October 7, 2005, the Board and Dr. Horan entered           Without Notice was entered temporarily suspending Dr.
into an Agreed Order assessing an administrative penalty      Jones’ license due to evidence that his continuation in the
of $1,000. The action was based on allegations that Dr.       practice of medicine would constitute a continuing threat
Horan failed to timely respond to the Board’s request for     to public welfare. The action was based on Dr. Jones’
information concerning an active Board investigation.         impairment and substance abuse. On November 28, a
HOWARD, ANNETTE M., M.D., HOUSTON, TX, Lic. #J5161            Temporary Suspension Order With Notice was entered
                                                              reaffirming the earlier panel’s decision to suspend Dr.
On August 26, 2005, the Board and Dr. Howard entered
                                                              Jones’ medical license.
into a Negotiated Agreed Order requiring Dr. Howard to
perform 200 hours of community service; to attend an          KALCHOFF, WILLIAM P., M.D., HOUSTON, TX, Lic.
additional 10 hours of courses in ethics; and to submit to    #F2742
and obtain a complete forensic evaluation from a board-       On August 26, 2005, the Board and Dr. Kalchoff en-
approved psychiatrist and follow all recommendations of       tered into an Agreed Order assessing an administrative
the psychiatrist regarding continued care and treatment.      penalty of $1,000. The action was based on allegations of
The action was based on a history of noncompliance with       false, misleading or deceptive advertising. The advertising
Board requests.                                               for Dr. Kalchoff ’s clinic indicated that he was board cer-
HURLEY, DOUGLAS LEE, M.D., TEMPLE, TX, Lic. #E4861            tified in cardiovascular surgery. Dr. Kalchoff has indi-
                                                              cated that he was not board certified at that time.
On August 26, 2005, the Board and Dr. Hurley entered
into an Agreed Order assessing an administrative penalty

                                                                                                   continued on page 12

                                                                                                                        11
continued from page 11

KELLEY, JARED LEE, M.D., IRVING, TX, Lic. #F1701              continuing threat to the public welfare.
On 8-26-05 the Board revoked Dr. Kelley’s license. The        LOGAN, DANIEL PHILIP, M.D., OVERLAND PARK, KS, Lic.
action was based upon allegations that Dr. Kelley was abus-   #F1757
ing prescription drugs and prescribing drugs with a sus-      On August 26, 2005, the Board and Dr. Logan entered
pended license. Dr. Kelley did not file a Motion for Re-      into an Agreed Order requiring Dr. Logan to comply with
hearing; therefore, the August 26 order was final effec-      the requirements of an August 16, 2004, consent order
tive September 26.                                            with the State of Kansas Board of Healing Arts and with
KING, CLARENCE GORDON JR., M.D., SAN ANTONIO,                 his February 10, 2004, contract with the Kansas Medical
TX, Lic. #E1883                                               Advocacy Program, and to appear before the Board to
On August 26, 2005, the Board and Dr. King entered            demonstrate that he is competent to safely practice medi-
into an Agreed Order extending by two years the length        cine before returning to practice in Texas. The action was
of his probation under a June 6, 2003, Agreed Order.          based on action taken by the Kansas Board that was based
The action was based on one positive screen for               on Dr. Logan’s self-reported use of self-prescribed Stadol.
ethylglucuronide, a metabolite of alcohol.                    LONG, JAMES MICHAEL, M.D., WACO, TX, Lic. #K1753
KNOERR, ALBERT COPELAND, M.D., TATUM, TX, Lic.                On August 26, 2005, the Board revoked Dr. Long’s li-
#D3301                                                        cense. The action was based on allegations that Dr. Long
On October 7, 2005,the Board and Dr. Knoerr entered           nontherapeutically prescribed to patients without adequate
into an Agreed Order whereby the Board accepted the           medical records or documentation of medical need. Dr.
voluntary surrender of Dr. Knoerr’s medical license. The      Long filed a Motion for Rehearing, which was granted by
action followed allegations that Dr. Knoerr failed to main-   the Board effective November 3. The rehearing was sched-
tain appropriate medical records for four patients.           uled before the full Board on December 9.
KNOPP, KATHLEEN M., M.D., LONGVIEW, TX, Lic. #K6566           LORENZO, PABLO, M.D., HOUSTON, TX, Lic. #E3725
On August 26, 2005, the Board and Dr. Knopp entered           On August 26, 2005, the Board and Dr. Lorenzo entered
into an Agreed Order publicly reprimanding Dr. Knopp          into an Agreed Order requiring Dr. Lorenzo to complete
and requiring her to attend 25 hours of continuing medi-      within six months 14 hours of continuing medical educa-
cal education in the areas of fetal heart rate monitoring     tion in the areas of emergency room medicine and medi-
and risk management. The action was based on allega-          cal record keeping. The action was based on allegations
tions that Dr. Knopp failed to recognize fetal distress and   that Dr. Lorenzo failed to meet the standard of care in
timely perform a cesarean section.                            the treatment of a patient who came to the emergency
                                                              room after a fall.
KODALI, VIJAY SAGAR, M.D., SAN ANTONIO, TX, Lic.
#J5102                                                        MACHO, JUAN J, M.D., MESQUITE, TX, Lic. #D7164
On August 26, 2005, the Board and Dr. Kodali entered          On August 26, 2005, the Board and Dr. Macho entered
into an Agreed Order assessing an administrative penalty      into a three-year Agreed Order requiring that Dr. Ma-
of $500. The action was based on allegations that Dr.         cho’s practice be monitored by another physician; that he
Kodali failed to provide proper notice to his patients fol-   complete a 10-hour course in the area of record keeping;
lowing the termination of his office practice.                and assessing an administrative penalty of $2,500. The
                                                              action was based on allegations that Dr. Macho prescribed
KOPECKY, CRAIG TINDALL, M.D., SAN ANTONIO, TX,
                                                              two potentially addictive medications, Fioricet and Esgic,
Lic. #K7177
                                                              to two patients without appropriate documentation and
On October 5, 2005, the Board, acting through a disci-        without documented justification for prescribing refills of
plinary panel, entered an Order of Temporary Suspen-          the medications.
sion in which Dr. Kopecky’s license was temporarily sus-
pended. The action was based on the panel’s finding that      MADISETTI, NARAYAN S., M.D., HOUSTON, TX, Lic.
Dr. Kopecky has abused alcohol and controlled substances,     #F2335
has had his privileges revoked at multiple hospitals, has     On August 26, 2005, the Board and Dr. Madisetti en-
provided false information to the Board, and that his con-    tered into an Agreed Order accepting Dr. Madisetti’s vol-
tinuation in the practice of medicine would constitute a      untary surrender of his medical license and his retire-



 12
Governor Appoints Two to Acupuncture Board

G
          overnor Rick Perry appointed acupuncturist          Dallas-Fort Worth area. He is a nationally board certi-
           Chung-Hwei Chernly and Donald R. Counts,           fied acupuncturist and herbologist and holds the first
          M.D., to the Texas State Board of Acupunc-          acupuncture license issued in
ture Examiners. Mr. Chernly replaces outgoing board           Texas.
member Dee Ann Newbold, and Dr. Counts replaces                    Dr. Counts received his
                           Everett G. Heinze, M.D.            medical degree from UTMB
                                Mr. Chernly graduated         Galveston in 1972. He is a Fel-
                           from the National Defense          low of the American Academy
                           Medical School and the             of Family Practice; a Fellow of
                           Taipei Acupuncture School in       the American Academy of
                           Taiwan. He retired from the        Medical Acupuncture; and
                           Chinese Air Force General          Vice President of the Texas
                           Hospital as a captain and          Chapter of the AAMA. Dr.
                           flight surgeon in 1977. He         Counts also serves as a Clini-          Dr. Counts
                           taught physiology and con-         cal Assistant Professor of Fam-
                           ducted research at the Na-         ily Practice for UTMB Galveston in Austin. He received
        Mr. Chernly
                           tional Yang-Ming Medical           his formal training in acupuncture from UCLA in 1991.
School in Taipei from 1977 to 1979. He did postgradu-         Dr. Counts has been a family practitioner in Austin since
ate training in San Antonio, then worked in the pathol-       1975, with medical interests in primary preventive care
ogy department at Pioneer Park Hospital in Irving. Since      and pain modulation. ◆
1985, he has had his own acupuncture practice in the




ment from the practice of medicine. The action was based      medical license. The action was based on Dr. Mailman’s
on Dr. Madisetti’s being physically unable to continue to     admission of a relapse of substance abuse and his failure
practice medicine and his desire to voluntarily surrender     to provide specimens for drug screening as required by a
his license and retire.                                       prior board order. Dr. Mailman’s license had been tempo-
MAESE, FEDERICO, M.D., DALLAS, TX, Lic. #J4319                rarily suspended on October 6, 2004, for his failure to
                                                              provide specimens for drug screening.
On October 7, 2005, the Board and Dr. Maese entered
into a one-year Agreed Order requiring Dr. Maese’s prac-      MARTINEZ, AZALIA VERONICA, M.D., EL PASO, TX, Lic.
tice to be monitored by another physician, requiring him      #F1781
to complete 20 hours of continuing medical education in       On August 26, 2005, the Board and Dr. Martinez en-
nuclear cardiology and assessing an administrative pen-       tered into an Agreed Order requiring Dr. Martinez to
alty of $3,000. The action was based on allegations that      complete within one year 10 course hours in ethics and
Dr. Maese failed to practice medicine in an acceptable        10 course hours in the area of alternative medicine. The
professional manner when he used a non-standard proto-        action was based on allegations that Dr. Martinez failed
col for a nuclear perfusion stress test for one patient and   to adequately supervise the activities of medical person-
interpreted the result as abnormal, when in fact the test     nel providing colonic irrigation treatment to patients.
as performed was of no diagnostic value.                      MAYS, JEFFRY PATRICK, M.D., BRADY, TX, Lic. #J7815
MAILMAN, DOUGLAS RAYMOND, M.D., KERRVILLE, TX,                On August 26, 2005, the Board and Dr. Mays entered
Lic. #J7350                                                   into an Agreed Order requiring Dr. Mays to complete
On August 26, 2005, the Board and Dr. Mailman entered         within one year 20 hours of continuing medical educa-
into an Agreed Order in which the Board accepted Dr.          tion in pain management and to take and pass the Medi-
Mailman’s voluntary and permanent surrender of his            cal Jurisprudence Examination. The action was based on
                                                                                                 continued on page 14

                                                                                                                    13
continued from page 13

allegations that Dr. Mays failed to meet the standard of         Mitchell failed to comply with a previous order requiring
care in the documentation and treatment of one patient           him to obtain a practice monitor. Dr. Mitchell admitted
for back and leg pain and failed to recognize the signs of       his noncompliance and specifically refused to comply in
drug-seeking behavior by the patient.                            the future. Dr. Mitchell did not file a Motion for Rehear-
McCORKLE, ALLAN JAMES, M.D., AMARILLO, TX, Lic.                  ing; therefore, the order was final effective September
#J0110                                                           26.
On August 26, 2005, the Board and Dr. McCorkle en-               NAKISSA, NASSER, M.D., SAN ANTONIO, TX, Lic.
tered into a 10-year Agreed Order requiring Dr. McCorkle         #G6355
to undergo continuing screening for drugs and alcohol, to        On September 12, 2005, the Board and Dr. Nakissa en-
continue receiving psychiatric care and treatment, and to        tered into an Agreed Order publicly reprimanding Dr.
continue to participate in the activities of Alcoholics Anony-   Nakissa and requiring that his practice be monitored by
mous and his county or state medical society committee           another physician; that he pass the Medical Jurisprudence
on physician health and rehabilitation. The action was based     Examination within one year; that he complete courses in
on allegations of Dr. McCorkle’s intemperate use of al-          record-keeping, pain management, treatment of attention
cohol.                                                           deficit disorder in children and dealing with the difficult
McKOWEN, ROBERT LEE, M.D., HOUSTON, TX, Lic.                     patient; and that he maintain a logbook of all prescrip-
#H1515                                                           tions written for controlled substances or dangerous drugs
                                                                 with addictive potential and refrain from the prescription
On August 26, 2005, the Board and Dr. McKowen en-
                                                                 of any drug unless it is medically indicated. The action
tered into an Agreed Order assessing an administrative
                                                                 was based on allegations that Dr. Nakissa failed to timely
penalty of $500. The action was based on allegations that
                                                                 terminate the physician-patient relationship with five pa-
Dr. McKowen failed to timely provide properly requested
                                                                 tients, all of whom belonged to the same family, over
medical records within 15 business days of receipt of the
                                                                 whom he lacked control in patient compliance; that he
written request.
                                                                 prescribed in a nontherapeutic manner to one or more of
McNEILL, SCOTT SHAW, M.D., SAN ANTONIO, TX, Lic.                 these patients, including one suspected of drug-seeking
#K7058                                                           behavior; and that he violated Board rules relating to
On August 26, 2005, the Board and Dr. McNeill entered            medical records and pain management with respect to the
into an Agreed Order publicly reprimanding Dr. McNeill.          treatment of these patients.
The action was based on allegations that Dr. McNeill did         NGUYEN, CO HAI, M.D., CONROE, TX, Lic. #J0157
not properly report a prescribed medication as required
                                                                 On October 7, 2005, the Board and Dr. Nguyen entered
by his existing Agreed Order.
                                                                 into an Agreed Order assessing an administrative penalty
MERRITT, DOROTHY FRANCOEUR, M.D., TEXAS CITY,                    of $1,000. The action was based on allegations that Dr.
TX, Lic. #G9878                                                  Nguyen failed to provide properly requested medical
On August 26, 2005, the Board and Dr. Merritt entered            records of one patient within 15 business days of receipt
into an Agreed Order requiring Dr. Merritt to print a            of the request.
retraction of advertisements that were false, misleading         NICOLOSI, JOSEPH VINCENT, M.D., ALEDO, TX, Lic.
or deceptive that she previously disseminated on chela-          #K3810
tion therapy and the BioMeridian device; to complete a
                                                                 On October 7, 2005, the Board and Dr. Nicolosi entered
10-hour course in ethics or advertising and assessing an
                                                                 into a one-year Agreed Order requiring Dr. Nicolosi to
administrative penalty of $3,000. The action was based
                                                                 complete 10 hours of continuing medical education in
on allegations that Dr. Merritt disseminated an advertise-
                                                                 medical ethics and risk management; to continue receiv-
ment that was misleading as to the advantages of chela-
                                                                 ing care and treatment from his treating psychiatrist no
tion therapy, her credentials and the BioMeridian testing
                                                                 less than once every other month; and assessing an ad-
device.
                                                                 ministrative penalty of $5,000. The action was based on
MITCHELL, ROBY DEAN, M.D., AMARILLO, TX, Lic.                    Dr. Nicolosi’s report of an isolated intemperate use of
#H4560                                                           alcohol the evening of October 6, 2004, that resulted in
On August 26, 2005, the Board revoked Dr. Mitchell’s             his appearing impaired the following day.
license. The action was based on allegations that Dr.


 14
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NORVILLE, SCOTT VANCE, M.D., FORT WORTH, TX, Lic.              PACKARD, STANTON CLARK, M.D., VIDOR, TX, Lic.
#J6635                                                         #J6641
On August 26, 2005, the Board and Dr. Norville entered         On August 26, 2005, the Board and Dr. Packard entered
into an Agreed Order assessing an administrative penalty       into an Agreed Order assessing an administrative penalty
of $1,000. The action was based on allegations that Dr.        of $1,000. The action was based on allegations that Dr.
Norville failed to strictly comply with the supervisory re-    Packard failed to obtain the required hours of continuing
quirements for a nurse practitioner in that he failed to       medical education. The action was a result of an investi-
visit the clinic at least once every 10 business days as       gation opened after Dr. Packard was selected for random
required for sites serving medically underserved popula-       audit of his continuing medical education compliance.
tions.                                                         PALACIOS, MARIANO, M.D., EL PASO, TX, Lic. #H9132
OKTAY, KUTLUKHAN, M.D., RYE, NY, Lic. #J3865                   On August 26, 2005, the Board and Dr. Palacios entered
On August 26, 2005, the Board and Dr. Oktay entered            into an Agreed Order suspending Dr. Palacios’ license,
into an Agreed Order to run concurrently with and re-          staying the suspension and placing him on probation for
quiring him to comply with all terms and conditions of         one year under terms and conditions, including that his
his 36-month order from the State of New York Depart-          practice be monitored by another physician; that he com-
ment of Health and State Board for Professional Medi-          plete a course of at least 10 hours each in the areas of
cal Conduct. The action was based on the action taken by       treatment and care of critical care patients and medical
the New York board to discipline Dr. Oktay for engaging        records/documentation; and assessing an administrative
in an inappropriate social relationship with a patient.        penalty of $5,000. The action was based on allegations
O’NEAL, KENNETH W., M.D., ABILENE, TX, Lic. #D6119             that Dr. Palacios failed to practice medicine in an accept-
                                                               able professional manner in treating an elderly patient af-
On October 28, 2005, a Temporary Suspension Order
                                                               ter admission to the hospital.
Without Notice was entered temporarily suspending Dr.
O’Neal’s license due to evidence that his continuation in      PARKHURST, GARY MARK, M.D., PALESTINE, TX, Lic.
the practice of medicine would constitute a continuing         #H6498
threat to public welfare. The Temporary Suspension Or-         On August 26, 2005, the Board and Dr. Parkhurst en-
der shall remain in effect until such time as it is super-     tered into an Agreed Order assessing an administrative
seded by a subsequent order of the Board. The action           penalty of $500. The action was based on allegations that
was based upon allegations that Dr. O’Neal’s actions in        Dr. Parkhurst failed to timely provide to one patient prop-
the treatment of three patients fell below the standard of     erly requested medical records while under the misunder-
care and that he posed a real danger to the public.            standing that records can be withheld because of an out-
                                                               standing bill.

                                                                                                   continued on page 16

                                                                                                                       15
continued from page 15

PASKOW, JAMES ANDREW, M.D., MOORESTOWN, NJ,                   PENDLETON, MICHAEL JEROME, M.D., CORPUS
Lic. #H8790                                                   CHRISTI, TX, Lic. #L4091
On August 26, 2005, the Board and Dr. Paskow entered          On August 26, 2005, the Board and Dr. Pendleton en-
into an Agreed Order assessing an administrative penalty      tered into an Agreed Order assessing an administrative
of $1,000. The action was based on allegations that on        penalty of $2,500. The action was based on allegations
three occasions Dr. Paskow failed to have chaperones          that Dr. Pendleton violated his existing orders by failing
initial the records of his examinations of three female       to timely submit information required by those orders.
patients as required by a previous board order.               POWELL, WILLIAM EUGENE II, M.D., HOUSTON, TX, Lic.
PATEL, PIYUSH V., M.D., MIDLAND, TX, Lic. #G2452              #D2821
On August 26, 2005, the Board and Dr. Patel entered           On August 26, 2005, the Board and Dr. Powell entered
into an Agreed Order revoking Dr. Patel’s license. The        into an Agreed Order publicly reprimanding Dr. Powell,
action was based on Dr. Patel’s plea of guilty to two fed-    prohibiting him from supervising a physician assistant or
eral felonies: Misprision of a Felony (an offense that does   nurse practitioner; requiring him to obtain within one year
not have a specific name) relating to misrepresentations      25 hours of continuing medical education; and assessing
to the United States Department of Agriculture and the        an administrative penalty of $2,000. The action was based
Immigration and Naturalization Service regarding a J-1        on allegations that Dr. Powell did not meet the standard
Visa physician employed by Dr. Patel; and one count of        of care when he did not perform a conization to obtain a
defrauding Medicare that included attempts by Dr. Patel       tissue specimen to rule out invasive cancer and when he
to circumvent his exclusion from Medicare by billing un-      did not confirm removal of a penrose drain after per-
der another physician’s provider number.                      forming a ventral hernia repair.
PAYNE, JOHN BRUCE, D.O., COLLEYVILLE, TX, Lic.                PRYZANT, CHARLES ZANWILL, M.D., DALLAS, TX, Lic.
#H5943                                                        #L3075
On October 7, 2005, the Board entered a Final Order           On August 26, 2005, the Board and Dr. Pryzant entered
revoking Dr. Payne’s medical license. The action followed     into an Agreed Order requiring Dr. Pryzant to obtain
a hearing by an administrative law judge of the Texas         within one year 25 course hours of ethics, and assessing
State Office of Administrative Hearings of the Board’s        an administrative penalty of $1,000. The action was based
allegations regarding Dr. Payne’s treatment of a patient.     on allegations of disciplinary action taken by Dr. Pryzant’s
In its order the Board accepted the findings of the ad-       peers for inappropriate internet content on his computer
ministrative law judge, including that Dr. Payne performed    while interviewing an underage clinic client.
surgery on a patient based on insufficient diagnostic re-     REYNOLDS, IAN JOHN, M.D., WEBSTER, TX, Lic. #F8994
sults, that Dr. Payne prescribed drugs to the patient in a
                                                              On October 7, 2005, the Board and Dr. Reynolds en-
nontherapeutic manner, and that Dr. Payne failed to pro-
                                                              tered into an Agreed Order publicly reprimanding Dr.
vide reliable post-surgical coverage for the patient, who
                                                              Reynolds and assessing an administrative penalty of $500.
subsequently died. A Motion for Rehearing was denied
                                                              The action was based on allegations that Dr. Reynolds
by the Board and the October 7 order of revocation was
                                                              behaved in an abusive manner toward a patient’s family
effective November 14.
                                                              member that could be reasonably expected to adversely
PEDRO, STEVEN DOUGLAS, M.D., FORT WORTH, TX,                  impact the quality of care rendered to the patient.
Lic. #D7240
                                                              RODRIGUEZ, F. ANGEL, M.D., GARLAND, TX, Lic. #E3758
On October 7, 2005, the Board and Dr. Pedro entered
                                                              On August 26, 2005, the Board and Dr. Rodriguez en-
into an Agreed Order requiring Dr. Pedro to complete 12
                                                              tered into an Agreed Order requiring Dr. Rodriguez to
hours of ethics courses and assessing an administrative
                                                              complete within one year a course of at least 20 hours in
penalty of $5,000. The action was based on allegations
                                                              the area of family practice, a course of at least 10 hours
that Dr. Pedro failed to report on his medical license re-
                                                              in the area of medical records, and further requiring his
newal that he had been convicted for violation of the
                                                              practice to be monitored by another physician for a pe-
United States banking laws in the United States District
                                                              riod of 12 months. The action was based on allegations
Court, Western District of Louisiana on May 19, 1998.
                                                              that Dr. Rodriguez violated the standard of care by fol-

                                                                                                   continued on page 18

 16
T
         he following rules were approved as Proposed         tion on response time for requests for medical records
        Rules by the Texas Medical Board on October           and time limits for completion of an investigation of a
        7, 2005, and published for consideration at the       complaint.
December 9 meeting. The rules were developed with                  ✰ Chapter 180, Rehabilitations Orders, regard-
input from interested individuals and organizations and       ing eligibility for and disclosure of non-disciplinary pri-
most were required to implement statutory provisions          vate rehabilitation orders.
of SB 419. The current status of board rules is avail-             ✰ Chapter 182, Use of Experts, adding specific
able on the agency website at www.tmb.state.tx.us.            membership terms, grounds for removal, and other
     ✰ Chapter 161, General Provisions, to reflect            limitations/requirements.
statutory name changes and the composition of the
                                                                                         ***
board.
     ✰ Chapter 163, Licensure, prescribing limit for               The following issues are currently under consider-
applicants taking different exam types and conforming         ation for development of draft rules by the staff of the
to new statutory provisions that applicants must pass         Texas Medical Board. Links to the draft rules will be
exam within three attempts. Existing exceptions criteria      available on the TMB website as drafts are completed.
are eliminated.                                                    ✰ Rules to implement the following provisions of
     ✰ Chapter 172, Temporary Licenses, to con-               SB 419:
form to new statutory requirements for a temporary                 ◗ Delegated authority for staff to issue licenses to
license for eligible applicants holding a faculty appoint-    applicants who clearly qualify.
ment at one of the 10 listed medical schools.                      ◗ Rules for eligibility and issuance of Institutional
     ✰ Chapter 175, Fees, Penalties, and Forms                license for foreign medical graduates who have con-
     ◗ Increased penalty fees for physician assistants and    ceded eminence.
increased renewal and/or penalty fees for acupunctur-              ◗ Rules conforming to new statutory provisions on
ists, surgical assistants, acudetox specialists, non-certi-   regulation of outpatient anesthesia and the elimination
fied radiologic technicians, and non-profit health orga-      of current regulatory exemptions regarding use of
nizations.                                                    anxiolytics and analgesics.
     ◗ Mandated Texas Online fee increase for physician            ◗ Adoption of a parental consent form for abor-
and physician in training renewals.                           tion on an unemancipated minor.
     ◗ Fee requirements for Office Based Anesthesia site           ◗ Rules setting guidelines regarding circumstances
registration.                                                 where a physician or applicant may be required to sub-
     ✰ Chapter 178, Complaints, clarifying definition         mit to an examination for mental or physical health con-
of “complainant”; changes conforming to statutory             ditions, alcohol and substance abuse, or professional
changes establishing 30-day initial review prior to filing    behavior problems.
complaint for investigation; clarifying confidentiality of         ✰ Rules to implement provisions of HB 2680 re-
identity of a complainant; clarifying appeals of dismissal    garding reduced fees and CME for retired physicians
of complaints; and other changes conforming terms to          providing voluntary care to charitable organizations.
statutory changes.                                                 ✰ Rules to implement SB 39 relating to CME in
     ✰ Chapter 179, Investigations, to include                forensic evidence collection.
amendments to 179.2 Definitions, 179.3 Confidential-               ✰ Rules to implement SB 872 regarding physician
ity, 179.4 Request for Information and Records from           disclosure of ownership in niche hospital.
Physicians, and 179.6 Time Limits, regarding clarifica-            ✰ Rules to implement SB 1330 regarding require-


                                                                                                  continued on page 20

                                                                                                                      17
continued from page 16

lowing a high-risk OB/GYN patient throughout her preg-         RUSSELL, MELVIN DAVID, D.O., EL PASO, TX, Lic. #F4460
nancy even though Dr. Rodriguez’s specialty is surgery.        On August 26, 2005, the Board and Dr. Russell entered
ROGERS, BRIAN BLAKE, D.O., ARLINGTON, TX, Lic.                 into an Agreed Order requiring Dr. Russell to success-
#J6034                                                         fully complete within one year a course in risk manage-
On August 26, 2005, the Board and Dr. Rogers entered           ment of at least 10 hours and assessing an administrative
into an Agreed Order subjecting Dr. Rogers to terms and        penalty of $1,000. The action was based on allegations
conditions for 15 years, including that Dr. Rogers obtain      that Dr. Russell authorized colonic hydrotherapy on two
a complete forensic evaluation from a board-approved           patients without documenting an adequate history and
psychiatrist; that he abstain from the consumption of drugs    physical examination of the patients.
and alcohol; submit to screening for drugs and alcohol;        SAJADI, CYRUS, M.D., HOUSTON, TX, Lic. #G1766
participate in the activities of Alcoholics Anonymous and      On August 26, 2005, the Board and Dr. Sajadi entered
the Texas Osteopathic Medical Association; not treat his       into an Agreed Order requiring Dr. Sajadi to complete
immediate family; not fill prescriptions by telephone to a     within one year nine hours of ethics courses; assessing an
pharmacy; maintain a file of a copy of every prescription      administrative penalty of $1,000; and requiring the re-
written for controlled substances or dangerous drugs with      turn of a $250 fee. The action was based on allegations
addictive potential or potential for abuse; limit his medi-    that Dr. Sajadi violated a state law that requires a physi-
cal practice to a group or institutional setting approved by   cian who denies release of medical records to explain
the Executive Director of the Board; and obtain each           why the information was not provided. The action oc-
year 50 hours of continuing medical education in addic-        curred in relation to a competency determination request
tion medicine and ethics. Additionally, Dr. Rogers is not      initiated by the patient’s father. After he determined he
permitted to supervise a physician assistant or advanced       did not have enough information to make the determina-
practice nurse. The action was based on Dr. Rogers’ ad-        tion, Dr. Sajadi did not communicate to the patient’s fa-
mission that he suffers from drug abuse.                       ther his purpose for keeping the fee or, alternatively, re-
ROSE, FRAN JEAN, M.D., IRVING, TX, Lic. #H9704                 funding the fee.
On October 7, 2005, the Board, acting through a disci-         SEBRING, LANE, M.D., WIMBERLEY, TX, Lic. #J7661
plinary panel, entered a Temporary Restriction Order tem-      On August 26, 2005, the Board and Dr. Sebring entered
porarily restricting Dr. Rose’s license. Under the terms of    into an Agreed Order assessing an administrative penalty
the order, Dr. Rose must immediately cease seeing pa-          of $500. The action was based on allegations that Dr.
tients for the diagnosis and treatment of any and all thy-     Sebring allowed a false, misleading or deceptive adver-
roid, adrenal and testosterone conditions/disorders and        tisement that used the phrase Board Certified in Anti-
immediately transfer the care and treatment of all such        Aging Medicine. The claim of board certification was in
patients to another physician who is trained in endocrinol-    violation of Board rules.
ogy. The order also requires Dr. Rose to obtain a com-
                                                               SHANNON, THOMAS O., M.D., CONROE, TX, Lic. #J5014
plete cardiovascular evaluation and workup to determine
her fitness to continue the practice of medicine. The ac-      On October 7, 2005, the Board and Dr. Shannon entered
tion was based on allegations that Dr. Rose, in violation      into an Agreed Order requiring Dr. Shannon to complete
of a prior Board order, continued to fail to meet the          20 hours of continuing medical education in medical
standard of care in her treatment of endocrine patients,       record-keeping and risk management and assessing an
creating a continuing threat to the public welfare. Dr. Rose   administrative penalty of $5,000. The action was based
is also suffering from certain medical conditions that im-     on allegations that Dr. Shannon’s record-keeping and docu-
pact her ability to practice medicine.                         mentation relating to two surgical procedures were defi-
                                                               cient.




                                     Medical Board                Acupuncture Board           Physician Assistant Board
   2006
                            February 2-3    August 24-25
   Board                    April 6-7       October 5-6
                                                               January 13    July 14          February 24   July 28
                                                               May 12        October 27       May 19        November 3
  Meetings                  June 1-2        December 7-8

 18
Common Violations

Easy Ways to Avoid Disciplinary Actions
T   he following common violations can lead to administrative penalties or other disciplinary actions. Be
    aware and avoid trouble.
    ✰ Requests for Medical Records: Board Rule 165 requires physicians to provide properly requested
      patient records within 15 business days. Proper charges may be billed, but send the records along with
      the bill; don’t wait for payment. Go to http://www.tmb.state.tx.us/rules/rules/165.php to see the full
      rule.
    ✰ Death Certificates: The Texas Health and Safety Code requires that a physician sign a death certificate
      within five days. The law is in section 193.005; it is at http://www.capitol.state.tx.us/statutes/docs/HS/
      content/htm/hs.003.00.000193.00.htm#193.003.00
    ✰ Advertising: Section 164.4 of Chapter 164 of the Board Rules states that “[a] physician is authorized to
      use the term ‘board certified,’ or any similar words or phrase calculated to convey the same meaning in
      any advertising for his or her practice if the specialty board which conferred the certification and the
      certifying organization meets [certain] requirements.” See the full rule at http://www.tmb.state.tx.us/
      rules/rules/164.php#1644 for the criteria and requirements to be met for physician advertising. ◆



SHILLER, ALAN DALE, M.D., PALESTINE, TX, Lic. #H8398         based on allegations of Dr. Sloan’s unprofessional con-
On August 26, 2005, the Board and Dr. Shiller entered        duct toward medical staff personnel.
into an Agreed Order assessing an administrative penalty     SMITH, CHARLES RONALD, D.O., PLAINVIEW, TX, Lic.
of $1,000. The action was based on allegations that Dr.      #L2662
Shiller published radio and newspaper advertisements that    On August 26, 2005, the Board and Dr. Smith entered
were false, misleading or deceptive. The advertising ref-    into an Agreed Order requiring Dr. Smith to take and
erences superior results that were not substantiated.        pass the Medical Jurisprudence Examination; to success-
SKRIPKA, CHARLES FRANK JR., M.D., TOMBALL, TX,               fully complete 20 hours of continuing medical education
Lic. #D4308                                                  in the area of risk management; and assessing an admin-
On July 13, 2005, the Board, acting through its Deputy       istrative penalty of $5,000. The action was based on alle-
Executive Director, entered an order suspending Dr.          gations that Dr. Smith irrigated a surgical site with a solu-
Skripka’s license until such time as he personally appears   tion called H3O purchased from an Internet web site.
before the Board and provides clear and convincing evi-      The solution was not approved by the FDA, was not on
dence and information proving that he is in compliance       the hospital formulary and the patient had not consented
with all terms of his April, 2004, Agreed Order. The ac-     to its use.
tion was taken based on allegations Dr. Skripka violated     SMITH, FARIN WAYNE, M.D., GALVESTON, TX, Lic.
the April 2, 2004, Agreed Order by failing to take and       #BP30018802
pass the Special Purpose Examination and the Medical         On August 26, 2005, the Board and Dr. Smith entered
Jurisprudence Examination.                                   into an Agreed Order assessing an administrative penalty
SLOAN, RANDALL LEE, D.O., EDEN, TX, Lic. #G2278              of $500. The action was based on allegations Dr. Smith
On August 26, 2005, the Board and Dr. Sloan entered          failed to report on his postgraduate permit application
into an Agreed Order publicly reprimanding Dr. Sloan         that he had been arrested in 1978 for driving while intoxi-
and crediting Dr. Sloan’s successful completion of the       cated and in 1981 for criminal mischief.
course offered by the Vanderbilt Medical Center for Pro-     SMITH, MICHAEL DEAN, M.D., LEAGUE CITY, TX, Lic.
fessional Health entitled A Continuing Education Course      #F4545
for Physicians Who Cross Sexual Boundaries as meeting        On October 7, 2005, the Board and Dr. Smith entered
the educational program requirement. The action was          into an Agreed Order restricting Dr. Smith’s license for
                                                                                                  continued on page 20

                                                                                                                       19
continued from page 17

ments for physicians to provide influenza and pneumo-           Smith relapsed by ingesting a controlled substance with-
coccal vaccine to elderly patients (see page 5 for more         out a legitimate prescription after having previously en-
information).                                                   tered into a rehabilitation agreement with the Board.
     ✰ Rules to implement SB 1340 regarding supervi-            SOWKA, LAWRENCE ROBERT, M.D., LUBBOCK, TX, Lic.
sory requirements for physician delegation to health pro-       #BP10018709
fessionals providing telemedicine medical services to
                                                                On October 7, 2005, the Board and Dr. Sowka entered
Medicaid recipients.
                                                                into an Agreed Order assessing an administrative penalty
                           ***                                  of $3,000. The action was based on allegations that Dr.
                                                                Sowka failed to report disciplinary action taken by an-
     The following issues are currently the subject of
                                                                other state and failed to timely respond to the Board’s
rules development by the Physician Assistant Board to
                                                                request for information.
implement provisions of SB 419:
     ✰ Rules setting requirements for jurisprudence ex-         SPANN, SCOTT WEAVER, M.D., AUSTIN, TX, Lic. #K1685
amination.                                                      On August 26, 2005, the Board and Dr. Spann entered
     ✰ Rules setting requirements for licensees in inac-        into an Agreed Order assessing an administrative penalty
tive status to return to active status, including time limit    of $1,000. The action was based on allegations that Dr.
for inactive status.                                            Spann allowed a false, misleading or deceptive advertise-
     ✰ Rules regarding voluntary surrender of license           ment to be placed in a newspaper and on his web site.
and return to practice.                                         The advertisement misled the public by stating that Dr.
                                                                Spann had been specifically selected by the FDA to per-
                           ***                                  form artificial disc replacement.
     The following issues are currently the subject of          SPINKS, DAVID WAYNE, D.O., DEER PARK, TX, Lic.
rules development by the Texas State Board of Acu-              #F4557
puncture Examiners:
                                                                On October 7, 2005, the Board and Dr. Spinks entered
     ✰ Rules regarding power of Acupuncture Board
                                                                into a three-year Agreed Order publicly reprimanding Dr.
to review/approve/reject licensure applications; issue          Spinks and requiring that his practice be monitored by
licenses, deny, suspend, revoke and discipline.                 another physician; that he refrain from prescription of
     ✰ Rules setting requirements for jurisprudence ex-         any drug for any patient unless the drug is medically indi-
amination.                                                      cated and is prescribed in therapeutic doses; that he com-
     ✰ Rules regarding disciplinary powers of Acupunc-          plete an additional 20 hours of continuing medical educa-
ture Board, including provisions for probation and re-          tion each year of the order; that he submit a complete set
instatement.                                                    of written policies and procedures with regard to the proper
     ✰ Rules regarding voluntary surrender of license           procedures for treating employees and for dispensing
and return to practice. ◆                                       sample medications; and assessing an administrative pen-
                                                                alty of $5,000. The action was based on allegations that
continued from page 19                                          Dr. Spinks failed to maintain adequate medical records
                                                                for three patients, including one with whom he had a per-
10 years under terms and conditions that require Dr. Smith      sonal relationship and to whom he prescribed controlled
to abstain from the consumption of alcohol and other            substances.
prohibited substances as described in the order; submit to
screening for these substances as requested by the Board;       SRIVATHANAKUL, SURAPHANDHU, M.D., DALLAS, TX,
continue to receive care and treatment from his treating        Lic. #E7288
psychiatrist at least once per month; participate in Alco-      On August 26, 2005, the Board and Dr. Srivathanakul
holics Anonymous at least five times per week; partici-         entered into an Agreed Order suspending his license, stay-
pate in the activities of his county or state medical society   ing the suspension and placing him on probation for five
committee on physician health and rehabilitation; refrain       years under terms and conditions. The terms and condi-
from treating his immediate family; and prohibiting him         tions included that Dr. Srivathanakul not possess, dispense
from supervising a physician assistant or advanced nurse        or prescribe any Schedule II or Schedule III controlled
practitioner. The action was based on allegations that Dr.      substances until he completes at least 10 hours of con-



 20
tinuing medical education in pain management; that he            THOMPSON, JAMES BYRON, M.D., GEORGETOWN, TX,
successfully complete the course offered by the Vanderbilt       Lic. #H8460
Medical Center for Professional Health entitled A Con-           On August 26, 2005, the Board and Dr. Thompson en-
tinuing Education Course for Physicians Who Cross Sexual         tered into an Agreed Order publicly reprimanding Dr.
Boundaries; that his practice be monitored by another            Thompson, requiring him to attend the course offered by
physician; and assessing an administrative penalty of            the Vanderbilt Medical Center for Professional Health
$2,000. The action was based on allegations that Dr.             entitled A Continuing Education Course for Physicians
Srivathanakul prescribed narcotics and other habit-form-         Who Cross Sexual Boundaries, and to obtain 10 hours of
ing drugs to three patients without referrals, objective tests   continuing medical education in medical documentation/
for pain, or plans of treatment to support the prescrip-         record keeping. The action was based on allegations that
tions.                                                           Dr. Thompson prescribed Vicodin and Xanax for one
TAKASE, KOUJI, M.D., HOUSTON, TX, Lic. #G1839                    person with whom he had a personal relationship without
On August 26, 2005, the Board and Dr. Takase entered             proper medical indications and without keeping adequate
into an Agreed Order revoking Dr. Takase’s license, stay-        medical records.
ing the revocation and placing Dr. Takase on probation           TITUS, PATRICK ANTHONY, M.D., HOUSTON, TX, Lic.
for 10 years under terms and conditions. The terms and           #C8730
conditions include requirements that Dr. Takase success-         On August 26, 2005, the Board revoked Dr. Titus’ li-
fully complete the course offered by the Vanderbilt Medical      cense. The action was based upon Dr. Titus noncompli-
Center for Professional Health entitled A Continuing             ance with a previous order which required him to enroll
Education Course for Physicians Who Cross Sexual Bound-          in and successfully complete a course in the area of the
aries; that he submit to and obtain a complete forensic          prevention and treatment of drug abuse; submit to evalu-
evaluation from a board-approved psychiatrist and con-           ation by an ophthalmologist; and submit to a forensic psy-
tinue any treatment recommended by that psychiatrist;            chiatric evaluation. Dr. Titus did not file a Motion for
that he take and pass the Medical Jurisprudence Exami-           Rehearing. The August 26 order was effective September
nation; that he complete 10 hours of ethics courses each         26.
year for five years; that he complete 10 hours of courses
                                                                 TRAN, THOMAS TUNG, M.D., ALICE, TX, Lic. #J6043
in risk management and ethics each year of the order;
that he is prohibited from hiring anyone under the age of        On October 7, 2005, the Board and Dr. Tran entered
21 to work in his medical office; and assessing an admin-        into an Agreed Order requiring Dr. Tran to obtain 10
istrative penalty of $5,000. The action was based on alle-       hours each of continuing medical education in record-
gations that Dr. Takase was charged with two counts of           keeping and ethics and assessing an administrative pen-
sexual assault involving two females who had been em-            alty of $3,000. The action was based on allegations that
ployed in his medical office and that he entered a plea of       Dr. Tran entered inaccurate information on some emer-
guilty, as part of a plea agreement, to unlawful restraint, a    gency room records regarding the time he began his ex-
third degree felony, and that he acted in an unprofes-           amination of patients and that, in one instance, Dr. Tran
sional manner to three other female employees who were           did not complete a full physical examination before ad-
under the age of 18.                                             mitting a patient to ICU for observation for an overdose
                                                                 of drugs.
TANG, JANNIE, M.D., SACRAMENTO, CA, Lic. #F8699
                                                                 WAGNER, HAROLD GLEN, D.O., DESOTO, TX, Lic.
On October 7, 2005, the Board and Dr. Tang entered
                                                                 #H6679
into an Agreed Order publicly reprimanding Dr. Tang.
The action was based on the public reprimand issued by           On August 26, 2005, the Board and Dr. Wagner entered
the Medical Board of California that was based on allega-        into an Agreed Order assessing an administrative penalty
tions that Dr. Tang left her anesthesia station for a tele-      of $1,000. The action was based on allegations that Dr.
phone call while she was responsible for the anesthetic          Wagner failed to timely sign a death certificate as required
care of a patient undergoing a spinal MRI body scan.             by law.




                                                                                                      continued on page 22

                                                                                                                          21
continued from page 21

WATKINS, HERBERT LEONARD, M.D., HOUSTON, TX, Lic.             that Dr. Weldon prescribed pain medications, muscle re-
#J5053                                                        laxants and Valium in high doses to a patient without per-
On August 26, 2005, the Board and Dr. Watkins entered         forming comprehensive evaluations, without appropriate
into a five-year Agreed Order requiring that Dr. Watkins      referrals or follow-up, and without disclosure of the risks
obtain 50 hours of continuing medical education per year      and benefits of treatment.
in the areas of urology and risk management; that his         WELLS, GUY ALAN, M.D., LUBBOCK, TX, Lic. #E9005
practice be monitored by another physician; that he sub-      On October 7, 2005, the Board and Dr. Wells entered
mit a corrective action plan addressing the issue of ob-      into an Agreed Order assessing an administrative penalty
taining necessary medical records so that they are avail-     of $500. The action was based on allegations that Dr.
able for his review during patient visits; and assessing an   Wells failed to provide properly requested medical records
administrative penalty of $2,500. The action was based        of one patient within 15 business days of receipt of the
on allegations that Dr. Watkins failed to meet the stan-      request.
dard of care in his treatment of one patient because there
was no adequate examination of the prostate, no early         WHITE, ROBERT FRANK, M.D., MOUNT VERNON, TX, Lic.
biopsy of the prostate, and no confirmation of the diag-      #C7159
nosis with early treatment of prostate cancer.                On August 26, 2005, the Board and Dr. White entered
                                                              into a three-year Agreed Order requiring Dr. White’s prac-
WATSON, DAVID GREGORY, M.D., TYLER, TX, Lic.
                                                              tice to be monitored by another physician and requiring
#K4605
                                                              him to complete 50 hours of courses per year in the area
On August 26, 2005, the Board and Dr. Watson entered          of pain management; to complete a course of 10 hours
into an Agreed Order of voluntary surrender of his medi-      in the area of medical records; to pass the Medical Juris-
cal license. The action was based on allegations of recur-    prudence Examination; and to submit a written correc-
ring substance abuse, including use of cocaine the night      tive action plan to ensure that pain management patients
before reporting to work at an emergency room the fol-        are treated in accordance with the standard of care. The
lowing morning.                                               action was based on allegations that Dr. White’s treatment
WEEKS, LYLE DAVID, M.D., EL PASO, TX, Lic. #E4959             of one patient fell below the standard of care because no
On August 26, 2005, the Board and Dr. Weeks entered           CT scans, MRIs or other tests were performed, there
into an Agreed Order requiring Dr. Weeks to obtain within     was no referral to a neurologist or pain management spe-
one year 50 hours of continuing medical education in          cialist and the patient was not required to enter into a
medical record keeping and informed consent and as-           pain management contract.
sessing an administrative penalty of $3,000. The action       WILLIAMS, JAMES EDWARD, M.D., CARROLLTON, TX,
was based on allegations that Dr. Weeks violated the stan-    Lic. #TP10017889
dard of care by not documenting any patient education         On August 26, 2005, the Board and Dr. Williams entered
regarding Zyplast or Silicon 1000 injections and by not       into an Agreed Order prohibiting Dr. Williams from prac-
obtaining a consent prior to injecting a patient with Sili-   ticing in Texas or requesting a physician in training permit
con 1000.                                                     until he appears before the Board to demonstrate that he
WELDON, BILL E., D.O., FORT WORTH, TX, Lic. #F4669            is physically, mentally, and otherwise competent to safely
On August 26, 2005, the Board and Dr. Weldon entered          practice medicine. The action was based on allegations
into an Agreed Order suspending Dr. Weldon’s license,         that Dr. Williams was released from the Family Medicine
staying the suspension and placing him on probation for       Residency Program at the University of Texas Southwest-
five years under terms and conditions, including that his     ern Medical Center for failing to meet the expected per-
practice be monitored by another physician; that he com-      formance standards.
plete 30 hours of continuing medical education in pain        WOMACK, JAMES CHANSLOR, M.D., BOWIE, TX, Lic.
management each year and 10 hours in record keeping;          #G8516
that he pass the Medical Jurisprudence Examination; that      On August 26, 2005, the Board and Dr. Womack entered
he not prescribe or renew the prescription for any Sched-     into an Agreed Order extending his existing March 31,
ule II drugs for six months; assessing an administrative      2000, order for an additional five years and modifying it
penalty of $3,600; and prohibiting him from supervising       to comply with current Board standards for orders en-
physician assistants. The action was based on allegations     tered to address substance abuse. The action was based

 22
on allegations that Dr. Womack violated his existing order   tion was based on allegations that Dr. Zimmer exhibited
by not properly notifying the Board that he had taken        drug-seeking behavior and failed to appropriately treat a
carisoprodol, also known as Soma, which had been pre-        lesion on a patient’s head that was later determined to be
scribed to him, and by ingesting alcohol present in a gin-   positive for basal cell carcinoma.
seng supplement that he had taken for a short time.
WORRELL, PAUL STEPHEN, D.O., DALLAS, TX, Lic.                Acupuncturist
#F7329
                                                             THOREN, LAWRENCE JOSEPH, A.C., AUSTIN, TX, Lic.
On October 7, 2005, the Board and Dr. Worrell entered
                                                             #AC00786
into a one-year Agreed Order requiring that Dr. Worrell’s
                                                             On August 26, 2005, the Board and Mr. Thoren entered
practice be monitored by another physician; that he not
                                                             into an Agreed Order in which the board accepted the
treat his immediate family; that he attend a total of 25
                                                             voluntary and permanent surrender of his acupuncture
hours of continuing medical education in the areas of
                                                             license. The action was based on Mr. Thoren’s wish to
ethics, risk management, medical records and prescribing
                                                             surrender his license after discussions regarding his com-
of controlled substances; and assessing an administrative
                                                             pliance with license requirements.
penalty of $3,000. The action was based on allegations
that Dr. Worrell prescribed medications, including con-
trolled substances, to family members without appropri-      Physician Assistants
ate documentation in medical records and that he failed
                                                             GRISWOLD, BRIAN M., P.A., TAYLOR, TX, Lic. #PA03037
to meet the standard of care in his prescribing controlled
substances to family members.                                On July 29, 2005, the Board of Physician Assistant Ex-
                                                             aminers entered into an Agreed Order with Mr. Griswold
ZEIFMAN, CLAUDE WILLIAM EVRARD, M.D., EVERETT,               whereby he voluntarily surrendered his physician assis-
WA, Lic. #J5072                                              tant license. The action was based on Mr. Griswold’s agree-
On October 7, 2005, the Board and Dr. Zeifman entered        ment with the Travis County District Attorney that in-
into an Agreed Order publicly reprimanding Dr. Zeifman.      cluded the requirement that he surrender his license as
The action was based on the action of the New York           part of a plea bargain relating to his attempting to obtain
State Board for Professional Medical Conduct imposing        a controlled substance by fraud.
a censure and reprimand based on criminal misconduct
                                                             MORGAN, KEVIN DANIEL, SAN ANTONIO, TX, Lic.
unrelated to the practice of medicine.
                                                             #PA00930
ZIMMER, GERALD HARWICK III, M.D., ATHENS, TX, Lic.           On June 21, 2005, the Board of Physician Assistant Ex-
#J8853                                                       aminers, acting through the Executive Director, entered
On October 7, 2005, the Board and Dr. Zimmer entered         an order suspending Mr. Morgan’s physician assistant li-
into an Agreed Order suspending Dr. Zimmer’s license         cense. The action was based on allegations Mr. Morgan
until such time as he provides clear and convincing evi-     violated his existing Agreed Order by testing positive for
dence to the Board that he is physically, mentally and       prohibited drugs and ethylglucuronide and by failing to
otherwise competent to safely practice medicine. The ac-     test when requested. ◆




    The TMB web site has been redesigned for ease of use and
    accessibility. It includes:
            ● Information for all licensees and applicants,
               including online applications and online registration
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                                                                                                                     23
                                                                              Licensees and Permit holders mail to:
Notice of Address Change                                                      Texas Medical Board
                                                                              MC-241
(Please type or print, except for signature)                                  P.O. Box 2018
                                                                              Austin TX 78768-2018
Name                                                                          Fax: (512) 305-7009 (Attention: Permits)
License or Permit Number                                                      Non-licensees mail to:
                                                                              Texas Medical Board
Signature                                                                     MC-251
(required for licensees and permit holders)                                   P.O. Box 2018
                                                                              Austin TX 78768-2018
Mailing Address:                                                              Fax: (512) 305-7051 (Attention: Public Information)
Street
City, State                                                                                                 Zip Code
Practice Address
Street
City, State                                                                                                 Zip Code




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                   Complete and return the form above any time you change your address.
                       (Non-licensees may also report address changes with this form.)




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                                                                                                                               PRESORT
                                                                                                                             STANDARD A
                                                                                                                                 PAID
            333 Guadalupe, Tower 3, Suite 610                                                                                 Austin, TX
                    Austin TX 78701
                                                                                                                              Permit #342
                    Mailing Address:
                         MC-251
                     P.O. Box 2018
                 Austin TX 78768-2018




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