02.09.07__MINUTES

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					                                      MINUTES
                         INDIANA BOARD OF PODIATRIC MEDICINE
                                   FEBRUARY 9, 2007

      I.     CALL TO ORDER

             Dr. Sluzewski called the meeting to order at 9:32 a.m. in Room W064 located in the
             Indiana Professional Licensing Agency, Indiana Government Center South, 402 West
             Washington Street, Indianapolis, Indiana, and established a quorum in accordance
             with IC § 25-29-2-5.

             Members Present:
             Richard E. Sluzewski Jr., D.P.M., President
             Sandra Raynor, D.P.M.
             Joseph G. Wolfe, D.P.M.
             John M.T. Chavis, II, Consumer Member

             Members Absent:
             Vincent Coda, D.P.M.
             Usha Menon, Ph.D, RN, Consumer Member

             Staff Present:
             Valerie L. Jones, Board Director
             Nancy Harvey, Assistant Board Director
             Elizabeth Brown, Deputy Attorney General

      II.    ADOPTION OF AGENDA

             A motion was made and seconded to adopt the agenda.

                    WOLFE/CHAVIS
                    Motion carried 4-0-0

      III.   APPROVAL OF MINUTES FROM SEPTEMBER 29, 2006

             A motion was made and seconded to approve the minutes from the December 15,
             2006 meeting of the Board.

                    WOLFE/CHAVIS
                    Motion carried 4-0-0

IV.   IV.    PERSONAL APPEARANCE

             A.     Robert Jamey Herbst, License #07000975A




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                 Dr. Herbst personally appeared before the Board according to the terms of his
                 probation and gave an updated report on his current status of employment. He
                 is currently working as a volunteer podiatrist and teaching full time at
                 Heritage Academy.

                 Since his last personal appearance Dr. Herbst informed the Board that he is
                 coaching basketball, and serves as a volunteer 2-3 times a month. He also
                 informed the Board that he has applied to enter the Army Reserves and has
                 submitted a letter showing that he is off of federal probation.

                 Dr. Herbst stated that if he is admitted to the Army he will go to boot camp
                 this summer. As a back-up plan, he is planning on taking the Praxis exam to
                 become a teacher through the teaching program at the Northern Kentucky
                 University. He informed the Board that he eventually wants to teach in
                 Indiana and operate a small practice.

                 The Board questioned Dr. Herbst about his pending criminal matter and he
                 submitted information showing that the charges have been dismissed. The
                 Board reviewed the legal documents submitted by Dr. Herbst verifying this
                 information.

                 Dr. Herbst asked if the Board would allow him to work in a private practice if
                 he had a supervising podiatrist reviewing his files. The Board suggested that
                 Dr. Herbst search out employment and present the Board with a plan of action
                 at the June meeting. The Board expressed concern with the issue of necessary
                 oversight.

V.   V.   ADMINISTRATIVE HEARING

          A. State of Indiana v. Dr. Richard Lundeen, D.P.M
             Administrative Cause No. 2006 PMC 0001
             Re: Summary Suspension Hearing

             Parties and Counsel Present:
             Mark Mader, Counsel for the State of Indiana

             Participating Board Members:
             Dr. Sluzewski (Hearing Officer)
             Dr. Raynor
             Dr. Wolfe
             Mr. Chavis

             Case Summary: A Petition for Summary Suspension was filed on December 11,
             2006 against the Respondent alleging that the Respondent represents a clear and
             immediate danger to the public health and safety for driving while intoxicated.



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           Mark Mader, counsel for the State of Indiana, and James Brauer, counsel for the
           Respondent, presented an agreement to the Board to summarily suspend the
           Respondent’s license to practice podiatry in the State of Indiana that was
           approved by the Board at it December 15, 2006 board meeting..

           The State of Indiana filed a request for an extension of the summary suspension
           on February 8, 2007.

           Counsel for the State of Indiana presented a summary suspension agreement to
           the Board for approval.

           Board Action: A motion was made and seconded to approve the agreement
           presented for an indefinite summary suspension of the Respondent’s license that
           shall run up to and include the date of the order issued as a result of the final
           hearing in the Respondent’s criminal case.

                      SLUZEWSKI/CHAVIS
                      Motion carried 4-0-0

VI.   LICENSURE APPLICATION REVIEW

      A.      Makridakis, Nick

              Mr. Makridakis personally appeared before the Board to request the approval
              of his limited license to participate in a postgraduate training program.

              The Board discussed the requirements for obtaining a limited license. The
              Board informed Mr. Makridakis that he needs to be admitted to an approved
              Council on Podiatric Medical Education (CPME) prior to being eligible for a
              limited license.

              A motion was made and seconded to keep the Makridakis file in pending
              status until he is admitted to a COPE approved program.

                         RAYNOR/CODA
                         Motion carried 4-0-0

      B.      Berry, Tim

              The Board reviewed the application of Mr. Berry. A motion was made and
              seconded to approve the application of Mr. Aguilar pending the receipt of a
              notarized completion of residency.

                      WOLFE/CHAVIS
                      Motion carried 4-0-0



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       C.   Aguilar, Abel

            The Board reviewed the application of Mr. Aguilar. A motion was made and
            seconded to approve the application and issue a full license

                   CHAVIS/SLUZEWSKI
                   Motion carried 4-0-0

       D.   Ahmed, Syed

            The Board reviewed the application of Mr. Ahmed. A motion was made and
            seconded to request additional information from the Barry University program

                   SLUZEWSKI/CHAVIS
                   Motion carried 4-0-0

       E.   Sopkie, Steven

            The Board reviewed the application of Mr. Sopkie. A motion was made and
            seconded to require a personal appearance requesting the following additional
            information:
                   1. Mr. Sopkie submit a certificate documenting his second year for
                       the 6-month time period of January 2003 – July 2003.
                   2. Explain why his malpractice does not include surgery.

                            RAYNOR/CHAVIS
                            Motion carried 4-0-0

VII.   OLD/NEW BUSINESS

       A.   Appointment of Board Member for CSAC

            Director Jones informed the Board of the need to appoint a member of the
            Board of Podiatric Medicine to the Controlled Substances Advisory
            Committee (“CSAC”). Director Jones asked that Dr. Raynor, the current
            appointee, give brief description of committee member’s responsibility.

            A motion was made and seconded to appoint Dr. Raynor to CSAC.

                   SLUZEWSKI/CHAVIS
                   Motion carried 4-0-0

       B.   Election of Officers

            A motion was made and seconded to elect Dr. Sluzewski as Board President



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                    CHAVIS/RAYNOR
                    Motion carried 3-0-1
                                                                 Dr. Sluzewski abstained

             A motion was made and seconded to elect Wolfe as Vice-President of the
             Board

                    CHAVIS/RAYNOR
                    Motion carried 3-0-1
                                                                 Dr. Wolfe abstained

      C.     Rule Update Discussion

             Director Jones asked the Board if they had any suggestions for rule changes.
             Director Jones then informed the Board of the need to readopt the following
             rules so that they do not expire:

                            845 IAC 1-1-1
                            845 IAC 1-4.1-3
                            845 IAC 1-4.1-6
                            845 IAC 1-6
                            845 IAC 1-7
                            845 IAC 1-8.1

             Director Jones informed the Board that the rule hearing to readopt the expiring
             rules will likely take place at the June Board meeting.

      D.     Upcoming Renewal

             Director Jones informed the Board that the renewal notices will be mailed out
             at the end of April 2007. The Board requested that board staff notify the
             Indiana Association of the new renewal mailer.

VIII. ADJOURNMENT

      There being no further business and having completed its duties, the meeting of the
      Board of Podiatric Medicine adjourned at 12:42 a.m.


_____________________________________                            _____________________
Richard E. Sluzewski, Jr., D.P.M.                                Date
President, Indiana Board of Podiatric Medicine




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