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					                     Texas                                      The newsletter of the Texas State Board of Medical Examiners



 Medical Board Bulletin
                                                                  Spring 2005                                            Volume 2, No.2



  Governor Names Dr. Kalafut Board President

  G     overnor Rick Perry has named Roberta M.
        Kalafut, D.O., as presi-
  dent of the Board.
                                                         Texas A&M University Health Science Center
                                                         College of Medicine and was Chief of the Section
                                                         of Cardiac Electrophysiology at Scott & White
     Dr. Kalafut, of Abilene,                            Clinic in Temple for 18 years. He is board certi-
  earned her medical degree                              fied in Internal Medicine, Cardiology, Critical
  from Ohio University College                           Care Medicine and Cardiac Electrophysiology.
  of Osteopathic Medicine and                            He earned his medical degree
  completed her residency in                             from the University of North
  physical medicine and reha-                            Texas Health Science Center
  bilitation at Johns Hopkins             Dr. Kalafut    in Fort Worth. He has served
  Hospital and Sinai Hospital of                         on the board since 1997.
  Baltimore, Maryland. She maintains a private              Mr. Miles, who also joined
  practice in physical medicine and rehabilitation in    the board in 1997, is the
  Abilene. She is a national examiner for the            Director of Community
  American Board of Physical Medicine and                Projects for the Bexar County
  Rehabilitation, and is board-certified in Pain         District Attorney’s Office, as       Mr. Miles
  Medicine and Physical Medicine and Rehabilita-         well as a part-time faculty
  tion. She joined the Board in January, 2002. Dr.       member of San Antonio College, Palo Alto
  Kalafut takes over from Lee S. Anderson, M.D.,                                                             continued on page 3
  who has served on the Board since 1997 and as
  president since 2000. His decision to step down        TSBME Sunset Bill Passes;
  after five years as president was based on his         Includes Name Change
                      desire to turn the reins over to


                                                         T
                      someone else after a period of             he Texas State Board of Medical Exam-
                      tremendous growth and change              iners will become the Texas Medical
                      for the Board and the agency.             Board effective September 1, one of the
                      He will continue to serve on       statutory changes included in the agency’s
                      the Board.                         sunset legislation, Senate Bill 419. “Examin-
                         The board also elected          ers” will also be dropped from the name of the
                      officers at its June 2-3 board     Physician Assistant Board.
      Dr. Price       meeting. They are Vice Presi-         The legislation is the result of an extensive
                      dent Larry Price, D.O., of         two-year sunset review of the Medical Board,
  Temple, who was re-elected, and Eddie Miles Jr.,       Physician Assistant Board, Acupuncture Board
  a public member from San Antonio, who was              and Surgical
  elected secretary-treasurer of the Board.              Assistants statutes     In this Issue
     Dr. Price is a cardiac electrophysiologist          and operations.         Newborn Screening ................................. 3
  employed by Texas Cardiac Arrhythmia, a                The 111-page bill       Disciplinary Actions .................................. 4
                                                                                 Rule Changes .......................................... 6
  division of Texas Cardiovascular Consultants           officially contin-      Texas Medical Rangers ......................... 11
  based in Austin. He is an assistant professor at                                           Formal Complaints ................................ 30
                                                            continued on page 2
Spring 2005                                                                                                                                      1
Sunset, continued from page 1

ues the operations of all the boards. Most provi-                        S.B. 419 was authored by Senator Jane Nelson.
sions of the bill are minor adjustments to clarify                    Sen. Nelson also authored S.B. 104 last session,
existing statutes, such as the expert physician                       greatly strengthening the agency’s regulatory
panel review process created last session.                            laws and resources. The House sponsor for S.B.
   Among the most significant licensure provi-                        419 was Representative Burt Solomons. Staff for
sions of the bill is the creation of three new types                  both legislators worked closely with agency staff
medical license:                                                      as the legislation was developed.
   · An institutional license for eminent physi-                         “I am very pleased with the bill as it was
cians;                                                                finally passed. There are many small, but signifi-
   · A faculty temporary license;                                     cant, provisions in the bill that will help us better
   · A limited license for administrative medicine.                   do our job to protect the public and fairly regu-
   Applicants for PA and Acupuncture licenses                         late the profession,” said Dr. Donald Patrick,
will now be required to pass a jurisprudence                          agency executive director.
examination.                                                             A full summary of S.B. 419 and the text of the
   Over the next six months, the agency will be                       bill can be found on the agency web site at http://
developing rules to implement provisions of the                       www.tsbme.state.tx.us/rules/sb.htm.!   !
bill and will be developing a new process for
early involvement of interested individuals and
groups in the rulemaking process. Rule                                   Former Board Member Paul Meyer Dies
workgroups will focus on licensure, discipline                           Condolences to the friends and family of
and compliance issues.                                                   former board member Paul Meyer, M.D.,
   The bill also requested that the legislature                          who died March 3 at the age of 64. Dr.
create an interim committee to study issues                              Meyer, a neurosurgeon, served on the board
surrounding medical peer review, including the                           from 1995 until 2000. Dr. Meyer taught
use of peer review information in the disciplinary                       neurological surgery at Texas Tech Univer-
process, the adequacy of the peer review process                         sity Health Sciences Center, where he served
in institutions, and the appropriate role of the                         as chief of neurosurgery.
board in oversight of misuse of the process.



                                                Medical Board Bulletin
                                    Newsletter of the Texas State Board of Medical Examiners

          Roberta M. Kalafut, D.O., Abilene           Larry Price, D.O., Temple        Eddie J. Miles Jr., San Antonio
                     President                             Vice President                    Secretary/Treasurer
                         David E. Garza, D.O., Laredo                          Thomas D. Kirksey, M.D., Austin
                             Executive Committee                                     Executive Committee

                  Lee S. Anderson, M.D., Fort Worth                                   Keith E. Miller, M.D., Center
               José M. Benavides, M.D., San Antonio                                Elvira Pascua-Lim, M.D., Lubbock
                     Patricia S. Blackwell, Midland                                 John W. Pate, Jr., M.D., El Paso
             Christine L. Canterbury, M.D., Corpus Christi                            Annette P. Raggette, Austin
                     Melinda S. Fredricks, Conroe                                        Nancy Seliger, Amarillo
                     Amanullah Khan, M.D., Dallas                                      Paulette B. Southard, Alice
                                                     Timothy J. Turner, Houston

                                          Donald W. Patrick, M.D., J.D., Executive Director
    Jerry Walker, Deputy Executive Director                                            Michele Shackelford, J.D., General Counsel
                                            Jill Wiggins, Public Information Officer, Editor


2                                                                                                       Medical Board Bulletin
Board, continued from page 1
College and St. Philip’s College. He earned a         nor Perry to the executive committee of the Office
bachelor’s degree from North Carolina A&T State       of Patient Protection.
University and master’s degrees from Troy State          The Texas State Senate recently confirmed eight
University, the University of Oklahoma and            board members. They are Dr. Anderson, a Fort
Phillip’s University. He is a former Mayor Pro Tem    Worth ophthalmologist; Christine Canterbury, M.D.,
of Live Oak, and he serves on the Board of Trustees   an OB/GYN from Corpus Christi; Melinda S.
of the United Way and as a member of the Greater      Fredricks, a public member from Conroe; Keith E.
San Antonio Crime Prevention Commission. He is        Miller, M.D., a family practice physician from
past president of the Academy Advisory Corporate      Center; Amanullah Khan, M.D., an oncologist from
Council of the Academy of Creative Education, an      Dallas; Dr. Price; Annette P. Raggette, a public
alternative high school for the North East Indepen-   member from Austin; and Timothy J. Turner, a
dent School District. He was appointed by Gover-      public member from Houston. !



DSHS Requests Stakeholder Input for Improving and Preparing for
Expansion of Newborn Screening in Texas


I
    f you are involved with Texas’ newborn            of Texas Health Science Center at San Antonio
    screening program, be on the lookout for a        Department of Pediatrics. Eight professionals
    survey. If you do not receive one directly and    from across the country, including representatives
are involved with NBS and are interested in an        from HRSA and the Centers for Disease Control
opportunity to improve the program and plan for       and Prevention, conducted the review and held
expansion, go to www.dshs.state.tx.us/lab/            internal and external stakeholder meetings in
survey.shtm for online submission. For more           Austin, Houston, San Antonio, and Dallas.
information, contact Margaret Bruch at 512-458-       Approximately 51 external stakeholders repre-
7111 ext. 3045 or                                     senting 20 unique interest groups participated.
Margaret.bruch@dshs.state.tx.us.                         DSHS received the draft consultation
   Each year in Texas approximately 375,000           NNSGRC report on April 20. The draft provides
infants are born and a total of 750,000 screens are   comments from the team and stakeholders,
done within their first two weeks of life to          responses to specific questions, and recommen-
identify potential disorders that with treatment      dations for enhancing newborn screening in
can improve the child’s health outcomes. Every        Texas. DSHS staff has initiated a project to
year approximately 10,000 abnormal screens are        review the report and make appropriate recom-
identified and require some level of follow up.       mendations to improve services provided to
   Currently, legislation as well as agency plans     infants born in Texas.
anticipate expanding the number of disorders that        As one of the mechanisms to fulfill this
are screened. In anticipation of these efforts, the   project’s goal, DSHS is seeking additional
DSHS invited the National Newborn Screening           stakeholder input in the form of survey responses
and Genetic Resource Center to conduct a              to specific considerations raised in the report.
technical review of the DSHS Newborn Screen-          The department is attempting to contact all types
ing Program. The review was held from February        of professionals who interface with NBS,
28 to March 2.                                        whether as a specimen collector, physician or
   The NNSGRC provides technical reviews to           nurse following up on abnormal screens, a
states through a cooperative agreement between        physician doing confirmatory testing and/or
the federal Maternal and Child Health Bureau          treating these infants, or someone involved in
Genetic Services Branch of the Health Resources       locating families and explaining the screening
and Services Administration and the University        that is done and the importance of follow-up. !

Spring 2005                                                                                           3
Disciplinary Actions
   The board has taken the following disciplinary      ALLEN, DALE RAY, M.D., ARLINGTON, TX,
actions since publication of the Fall 2004 Medical     Lic. #D4590
Board Bulletin against 187 physicians and one non-     On April 8, 2005, the Board and Dr. Allen entered
certified radiologic technician. The Texas State       into an Agreed Order assessing an administrative
Board of Acupuncture Examiners disciplined two         penalty of $500. The action was based on
acupuncturists; and the Texas State Board of           allegations that Dr. Allen failed to document a
Physician Assistant Examiners took disciplinary        physical examination appropriate to a patient’s
action against six physician assistants.               history.
                                                       ALEXANDER, PRESTON CLAY, M.D.,
ADAMS, JOHN JAMES, M.D., PASADENA, TX,                 RICHARDSON, TX, Lic. #G4779
Lic. #D0771                                            On February 4, 2005, the Board and Dr. Alexander
On June 3, 2005, the Board and Dr. Adams entered       entered into an Agreed Order assessing a $500
into an Agreed Order requiring Dr. Adams to obtain     administrative penalty. The action was based on
continuing medical education including 10 hours of     allegations that Dr. Alexander failed to complete
ethics and 10 hours in medical recordkeeping in        timely required continuing medical education in
courses or programs approved by the Executive          ethics.
Director; to apprise the requesting physician of the   ASMUSSEN, MAURICE DWAYNE, M.D.,
status of records that were requested; and assessing   LUBBOCK, TX, Lic. #H7873
an administrative penalty of $1,000. The action was    On December 10, 2004, the Board and Dr.
based on allegations that Dr. Adams failed to          Asmussen entered into an Agreed Order suspending
respond to requests from another physician to          Dr. Asmussen’s license. The action was based on
supply medical records.                                Dr. Asmussen’s drug addiction.
AGUILAR, MARIA ISABEL, M.D., SAN                       BACON, ROBERT J., JR., M.D.,
ANTONIO, TX, Lic. #BP40019871                          HOUSTON, TX, Lic. #F0861
On April 8, 2005, the Board and Dr. Aguilar            On December 10, 2004, the Board and Dr. Bacon
entered into an Agreed Order assessing an              entered into an Agreed Order assessing a $500
administrative penalty of $500. The action was         administrative penalty. The action was based on
based on allegations that she improperly failed to     allegations that Dr. Bacon did not complete
report an arrest for shoplifting on her application    required CME hours in a timely manner.
for licensure.
                                                       BAKER, RAY DON, M.D., TOPEKA, KS, Lic.
AL-SHALCHI, NAJAH MUHAMAD, M.D., SAN                   #C4983
ANTONIO, TX, Lic. #G1809
                                                       On December 10, 2004, the Board and Dr. Baker
On April 8, 2005, the Board and Dr. Al-Shalchi         entered into an Agreed Order requiring Dr. Baker to
entered into an Agreed Order requiring Dr. Al-         surrender his Drug Enforcement Administration
Shalchi to complete 10 hours of ethics courses and     license. The action was based on an Order issued
assessing an administrative penalty of $5,000. The     by the Kansas Board of Healing Arts, also requiring
action was based on allegations that Dr. Al-Shalchi    Dr. Baker to surrender his DEA license.
failed to adequately explain, when he renewed his
                                                       BARRERA, RODOLFO CANTU, D.O., AUSTIN,
license, his prior knowledge of a federal
                                                       TX, Lic. #F3737
government investigation into Medicare claim
improprieties and his being disciplined by             On June 3, 2005, the Board and Dr. Barrera entered
Methodist Health Care System for failing to            into an Agreed Order requiring Dr. Barrera to
disclose this knowledge.                               complete 10 hours of continuing medical education
                                                       in recordkeeping/documentation and assessing an
                                                       administrative penalty of $750. The action was



4                                                                                  Medical Board Bulletin
based on allegations of insufficient documentation      into an Agreed Order publicly reprimanding Dr.
of a physical exam of a patient who presented with      Bell and placing him on probation for five years
abdominal pain.                                         under terms and conditions, including that Dr. Bell
BARRETT, DAVID BENJAMIN, M.D.,                          not supervise a physician assistant; that he continue
ATHENS, TX, Lic. #G7987                                 to receive care from his treating psychiatrist; that
A Temporary Restriction Order was entered on            he obtain a complete forensic evaluation from a
November 15, 2004, limiting Dr. Barrett’s practice      board-designated psychiatrist; and that he
to an office practice and instructing Dr. Barrett not   successfully complete, within 180 days, the Anger
to apply for, accept, or maintain privileges at any     Management for Healthcare Professionals course
hospital. The Temporary Restriction Order shall         offered by the University of California at San
remain in force and effect until superseded by a        Diego Physician Assessment and Clinical
new Order. The action was based on allegations          Education Program or an equivalent course. The
that Dr. Barrett’s treatment fell below the standard    action was based on allegations that Dr. Bell
of care, including evidence that he failed to           became inappropriately angry with hospital
properly diagnose and treat multiple patients and       personnel before and after his performance of
displayed poor medical judgment.                        surgery and interacted inappropriately with such
                                                        personnel.
BARST, GEOFFREY STEPHEN, M.D., FORT
WORTH, TX, Lic. #F0866                                  BEREZOSKI, ROBERT N. JR., M.D., SUGAR
                                                        LAND, TX, Lic. #E0812
On June 3, 2005, the Board and Dr. Barst entered
into an Agreed Order assessing an administrative        On April 8, 2005, the Board and Dr. Berezoski
penalty of $500. The action was based on                entered into an Agreed Order terminating his
allegations that Dr. Barst failed to provide properly   October 30, 2002, suspension and placing Dr.
requested medical records on a timely basis and         Berezoski on probation under terms and conditions
failed to maintain the medical records for the seven    for 10 years, including the following: that he not
years required by Board rule.                           supervise a physician assistant; his practice will be
                                                        monitored by another physician; his practice setting
BASS, JAMES RICHARD, M.D.,
                                                        will be approved by the executive director and Dr.
LAFAYETTE, LA, Lic. #J5257
                                                        Berezoski must associate with at least one other
On December 10, 2004, the Board and Dr. Bass            physician; he will obtain 100 hours of continuing
entered into an Agreed Order suspending Dr. Bass’       medical education in addition to regular CME
license. The action was based on allegations that       requirements, including at least 30 hours in risk
Dr. Bass suffers from drug and alcohol addiction        management and 20 hours in pharmacology; and he
and relapsed, violating a probation order issued by     shall undergo a complete eye examination by an
the Louisiana State Board of Medical Examiners.         independent ophthalmologist. The 2002 suspension
BATTLE, CLINTON CHARLES, M.D.,                          was based on allegations that Dr. Berezoski failed
ARLINGTON, TX, Lic. #F1368                              to meet the standard of care during an outpatient
On December 10, 2004, the Board and Dr. Battle          nasal surgery, after which the patient died.
entered into an Agreed Order requiring Dr. Battle to    BHULLAR, INDERMEET SINGH, M.D.,
attend a boundaries course, complete CME in             HUNTSVILLE, AL, Lic. #BP20015330
medical recordkeeping, and pay a $3,000                 On April 8, 2005, Dr. Bhullar and the Board
administrative penalty. The action was based on         entered into an Agreed Order placing Dr. Bhullar
allegations that Dr. Battle signed a document, later    on probation for 10 years, requiring abstinence
offered in a court proceeding, stating that a patient   from alcohol and drugs and participation in drug
was totally incapacitated without adequate medical      and alcohol testing and the activities of his county
records to substantiate the statement.                  medical society and Alcoholics Anonymous. The
BELL, ROBERT STEVEN, M.D., HOUSTON,                     action was based on allegations of intemperate use
TX, Lic. #J0441                                         of drugs and alcohol, including an arrest for driving
On June 3, 2005, the Board and Dr. Bell entered         while intoxicated.
                                                                                           continued on page 7

Spring 2005                                                                                                 5
Rule Changes
    To see the full rules, go to the TSBME web site      Chapter 175, Fees, Penalties and Applica-
at www.tsbme.state.tx.us and click on “Board          tions. Rule review and amendments to §175.1
Rules.”                                               regarding fees for Physician In Training permits.
    Chapter 162, Supervision of Medical Students.     Amendments to §§175.1, 175.2 and 175.4 regard-
Amendments to §162.1 repealing requirement            ing biennial registration fees for physicians;
that supervising physician hold clinical faculty      increased penalty fees for late physician registra-
appointment and new §162.2 adding provisions          tion; surcharges for physician assistant, acupunc-
of Chapter 186, Supervision of Physician Assis-       ture, and acudetox renewal; registration and
tant Students.                                        penalty fees for surgical assistants; and fees for
    Chapter 163, Licensure. Amendments to             approval of continuing acupuncture education
§§163.1, 163.5, 163.6, 163.10, 163.13 regarding       providers.
general cleanup of the sections; and changes             Chapter 178, Complaints. New §§178.1-178.8
relating to relicensure and the expedited licensure   concerning procedures for initiation, filing, and
process consistent with the mandates of Senate        appeals of complaints. In addition, Chapter 188
Bill 104 and Senate Bill 558 of the 78th Legisla-     of this title (relating to Complaint Procedure
ture. Amendments to §163.1(13) regarding the          Notification) will be repealed and the text regard-
definition of substantial equivalence and the         ing the process for complaint procedure notifica-
repeal of §163.15 regarding visiting physician        tion will be incorporated into this new chapter.
permits.                                                 Chapter 179, Investigations. Repeal of
    Chapter 166, Physician Registration. Amend-       §§179.1-179.5 and new §§179.1-179.7 regarding
ments to §§166.1-166.6 regarding biennial             a system of procedures for the investigation of
registration as mandated by Senate Bill 104. Rule     jurisdictional complaints.
review and amendments to §166.1 relating to              Chapter 182, Use of Experts. New §§182.1-
licensees notifying board of changes in profes-       182.6 regarding the use of experts consistent with
sional names.                                         the requirements of Senate Bill 104. The new
    Chapter 168, Persons with Criminal Back-          sections will establish procedures, qualifications
grounds. Rule review and repeal of §168.1. The        and duties of these professionals serving as
text of the repeal will be incorporated into the      expert panel members, consultants and expert
new Chapter 190.                                      witnesses to the board. Addition of §182.7
    Chapter 171, Postgraduate Training Permits.       regarding the use of Executive Committee
Amendments to §171.2 regarding qualifications         members to make interim appointments of expert
for postgraduate permit holders and temporary         panelists until the next board meeting.
permits.                                                 Chapter 183, Acupuncture. Amendments to
    Chapter 172, Temporary Licenses. Amend-           §183.2(19) concerning full NCCAOM examina-
ments to §172.10 relating to Department of State      tion. Amendment to §183.20(c) relating to
Health Services (DSHS) Medically Underserved          reporting of continuing acupuncture education for
Area (DSHS-MUA) temporary licenses.                   acupuncturists on-line.
    Chapter 173, Physician Profiles. Amendments          Chapter 184, Surgical Assistants. Amendments
to §§173.1, 173.3, and 173.4 that will make the       to §§184.8 and 184.25 regarding biennial regis-
sections consistent with the requirements of          tration and annual continuing education require-
Senate Bill 104 to remove the 10-year limitation      ments and repeal of §§184.10 and 184.11 regard-
in §173.1(b)(18)-(21) and add paragraph (25)          ing fees related to the renewal of expired licenses
regarding malpractice information, and outline        and schedule of fees. The repealed sections will
the timeline for updating the profile following the   be moved to Chapter 175 relating to Fees, Penal-
filing of formal complaints.                          ties, and Applications.
6                                                                                 Medical Board Bulletin
   Chapter 185, Physician Assistants. Amend-            new Subchapter B, §190.8; and new Subchapter
ments to §185.7 regarding the Physician Assistant       C, §§190.14-190.16 regarding disciplinary
Board’s designee being allowed to issue tempo-          guidelines in licensure and disciplinary matters.
rary licenses.                                             Chapter 192, Office-Based Anesthesia.
   Chapter 186, Supervision of Physician Assis-         Amendments to §§192.2-192.4 and 192.6 regard-
tant Students. Repeal of chapter.                       ing general cleanup of the sections and to create a
   Chapter 187, Procedural Rules. Amendments            process for biennial registration consistent with
to §§187.2, 187.9, 187.13, 187.16, 187.18,              Senate Bill 104.
187.24, 187.44, 187.56, 187.57, 187.60 and the             Chapter 193, Standing Delegation Orders.
repeal of §§187.5 and 187.40 concerning the             Amendment to §193.6 regarding delegation of
timeline for scheduling informal settlement             carrying out or signing of prescription drug
conferences; temporary suspension or restriction        orders to Physician Assistants and Advanced
of licenses; required suspension or revocation of       Nurse Practitioners
licenses for certain offenses; and ineligibility           Chapter 196, Voluntary Surrender of a Medi-
determinations for licensure applicants.                cal License. Amendments to §§196.1-196.3 for
   Chapter 190, Disciplinary Guidelines. Repeal         general cleanup of the chapter. !
of §190.1; and new Subchapter A, §§190.1-190.2;

Disciplinary Actions, continued from page 5

BLESSING, WILLIAM SCOTT, M.D., DALLAS,                  requiring that he abstain from the consumption of
TX, Lic. #E0820                                         drugs and alcohol and undergo drug and alcohol
On April 6, 2005, the Board entered an Order            testing. The action was based on allegations that
temporarily suspending Dr. Blessing’s license. The      Dr. Boyles abused cocaine and was arrested for
action was based on the following: On February 27,      tampering/fabrication of evidence and that he failed
Dr. Blessing allegedly assaulted his wife,              to report to the Board his arrests for DWI and for
threatened her with a gun and told her he was going     evading arrest with a motor vehicle.
to kill her. She reported the assault to the Highland   BRAMANTI, HENRY R., M.D., AUSTIN, TX, Lic.
Park Department of Public Safety, and a warrant         #E3214
was issued for Dr. Blessing’s arrest. Dr. Blessing      On April 8, 2005, the Board and Dr. Bramanti
threatened to kill a detective who contacted him        entered into an Agreed Order assessing an
and anyone who stepped on his property. The             administrative penalty of $500. The action was
Dallas Tactical Swat Team was called and after a        based on allegations that Dr. Bramanti failed to
period of negotiation Dr. Blessing surrendered. He      complete the one-hour medical ethics course
was arrested and charged with aggravated assault        required by Board rules.
with a deadly weapon. In addition, Dr. Blessing         BRYAN, GARY LEE, M.D., PLANO, TX, Lic.
failed to inform the Board of his manic depressive      #M0024
disorder and provided false information to the
                                                        On March 31, 2005, the Board entered an Order
Board regarding his hospital privileges.
                                                        temporarily suspending Dr. Bryan’s license. The
BOYLES, RICK ALLEN, M.D., SEABROOK,                     action was based on his evading arrest after being
TX, Lic. #J6345                                         seen leaving a crack house, being found with
On April 8, 2005, the Board and Dr. Boyles entered      cocaine, and failure to comply with his current
into an Agreed Order suspending Dr. Boyles’             board order, which includes a provision that he
license for a minimum of 18 months from                 abstain from the consumption of alcohol and drugs.
September 9, 2004, and until he demonstrates to the
Board he is physically, mentally and otherwise
competent to safely practice medicine, and

                                                                                          continued on page 8

Spring 2005                                                                                                7
Disciplinary Actions, continued from page 7
BUIE, JOSEPH, M.D., HOUSTON, TX, Lic.                   2004. The action was based on allegations that Dr.
#K5469                                                  Calvillo did not sufficiently monitor the overuse of
On April 8, 2005, the Board and Dr. Buie entered        medications for one patient, including Zydone,
into an Agreed Order requiring that his practice be     Lexapro, Soma, Roxicet, OxyContin, Restoril,
monitored by another physician for three years; that    Norco and Duragesic patches.
he maintain adequate medical records; pass the          CAPLAN, STEVEN CHAIM, M.D.,
Medical Jurisprudence Examination; successfully         HOUSTON, TX, Lic. #G8038
complete a two-day intensive course in the area of      On December 10, 2004, the Board and Dr. Caplan
recordkeeping; attend five hours of ethics courses      entered into an Agreed Order accepting the
or programs; and complete a course in risk              voluntary surrender of Dr. Caplan’s license. The
management of at least 15 hours. The action was         action was based on Dr. Caplan’s serious illness.
based on Dr. Buie’s improper dispensing of              CARDOSI, BETH LOUISE, D.O., MYRTLE
methadone to patients at his methadone clinic           BEACH, SC, Lic. #K2866
without proper certification from the Texas
                                                        On April 8, 2005, the Board and Dr. Cardosi
Department of Health and for medical
                                                        entered into an Agreed Order requiring Dr. Cardosi
recordkeeping that did not meet the standard of
                                                        to comply with terms and conditions, including
care.
                                                        abiding by the terms and conditions of a five-year
BURNS, DAVID ERIN, M.D.,                                order she entered into with the South Carolina
HOUSTON, TX, Lic. #G7498                                Board of Medical Examiners on December 2, 2003,
On February 4, 2005, the Board and Dr. Burns            and appearing before the Board before practicing in
entered into an Agreed Order restricting the            Texas to ensure continued compliance with the
doctor’s license for three years. The action was        terms and conditions of the Agreed Order, which
based on allegations that Dr. Burns violated the        runs concurrently with the South Carolina order.
standard of care in his treatment of five patients by   The action was based on her being placed under
inadequate diagnostic workup and treatment and          order by the South Carolina Board for alcohol
poor documentation of treatment modalities.             abuse and the writing of fraudulent prescriptions
BUTTS, JEFFREY L., D.O., AUSTIN, TX, Lic.               for hydrocodone for her own use.
#H7939                                                  CARTWRIGHT, GREGORY BRYAN, M.D.,
On February 4, 2005, the Board and Dr. Butts            ARLINGTON, TX, Lic. #H7544
entered into an Agreed Order suspending his             On December 10, 2004, the Board and Dr.
license until at least June 3, 2005. The action was     Cartwright entered into an Agreed Order revoking
based on allegations that Dr. Butts ingested            Dr. Cartwright’s license for 15 years, but probating
cocaine, in violation of a prior board order.           the revocation for 15 years, requiring abstinence,
CALVILLO, OCTAVIO J., M.D., HOUSTON, TX,                drug testing, psychiatric evaluation and treatment,
Lic. #G6062                                             and inpatient evaluation for substance abuse.
On June 3, 2005, the Board and Dr. Calvillo             CHASE, C. C., M.D., SAN ANTONIO, TX, Lic.
entered into a three-year Agreed Order requiring        #K5080
that Dr. Calvillo successfully complete at least 10     On June 3, 2005, the Board and Dr. Chase entered
hours of continuing medical education in the area       into an Agreed Order assessing an administrative
of recordkeeping; that his practice be monitored by     penalty of $500. The action was based on
another physician; that within 90 days Dr. Calvillo     allegations that, for certain drugs that Dr. Chase
present a protocol establishing guidelines for the      required a patient to pick up at his office, he
proper monitoring of patients for potential abuse of    charged an amount in excess of the cost of the
medications with addictive potential; and that          drugs in order to cover the cost of monitoring the
within 30 days he present documentation that he         use of the drugs, in violation of Board Rules.
has completed the minimum continuing medical
education requirements for the years 2003 and



8                                                                                   Medical Board Bulletin
CHHIKARA, SUBIR, M.D., AUSTIN, TX, Lic.                investigation of his alcohol abuse, he failed to
#J6378                                                 respond to an offer of an Agreed Order to
On December 10, 2004, the Board and Dr. Chhikara       voluntarily surrender his license or to otherwise
entered into an Agreed Order assessing a $1,500        respond to Board communications. On June 3,
administrative penalty. This action was based on       2005, the Board and Dr. Collins entered into an
allegations that Dr. Chhikara may have                 Agreed Order whereby Dr. Collins voluntarily
inappropriately accessed medical records of a          surrendered his Texas medical license. The action
family member.                                         was based on allegations that he is impaired from
CHITALE, ANIRUDDHA ASHOK, M.D.,                        illness or drunkenness or excessive use of drugs,
WAXAHACHIE, TX, Lic. #K5864                            narcotics, chemicals or another type of substance,
                                                       or as a result of a mental or physical condition, and
On February 17, 2005, the Board entered an Order
                                                       is unable to treat patients with reasonable skill.
temporarily suspending Dr. Chitale’s license after
he was arrested on February 4 by the Ennis Police      COLLINS, RANDY EARL, D.O., GLENDALE,
Department and charged with sexual assault on a        AZ, Lic. #E6053
patient on whom he had performed a colonoscopy.        On March 14, 2005, the Board and Dr. Collins
After the alleged assault, the patient went to Ennis   entered into an Agreed Order suspending his
Police and Ennis Regional Hospital, where physical     license, staying the suspension and placing Dr.
evidence was collected. DNA analysis matched           Collins on probation for five years under terms and
known specimens of Dr. Chitale; the patient and her    conditions, including that Dr. Collins abide by the
husband were excluded as matches. On June 3,           terms and conditions of his November 10, 2004,
2005, the Board and Dr. Chitale entered into an        order of the Arizona Board of Osteopathic
Agreed Order whereby Dr. Chitale voluntarily and       Examiners, not terminate drug testing with the State
permanently surrendered his Texas medical license.     of Arizona and, if he wishes to practice in Texas
The action was based on allegations that Dr.           before the expiration of the order, to personally
Chitale groped the breasts of a female patient who     appear before the Board and provide clear and
had been under anesthesia and placed his penis         convincing evidence that he is competent to safely
against her cheek and mouth.                           practice medicine. The action was based on his
CHU, KHOI BA, M.D., FORT WORTH, TX, Lic.               being placed on probation by the Arizona Board for
#K4027                                                 intemperate use of alcohol that may have impaired
                                                       his ability to practice medicine.
On April 8, 2005, the Board and Dr. Chu entered
into an Agreed Order assessing an administrative       COOKE, KATHRYN ESTRADA, M.D.,
penalty of $500. The action was based on               HOUSTON, TX, Lic. #G4931
allegations that Dr. Chu failed to provide             On April 8, 2005, the Board and Dr. Cooke entered
documentation of completion of a required one-         into an Agreed Order assessing an administrative
hour medical ethics course.                            penalty of $1,000. The action was based on
CLARK, ALAN SCOTT, M.D.,                               allegations that Dr. Cooke failed to complete the
WHITEHOUSE, TX, Lic. #K5489                            required amount of continuing medical education.
On February 4, 2005, the Board and Dr. Clark           CRAWFORD, JOHN C., M.D., LAKE
entered into an Agreed Order assessing a $500          CHARLES, LA, Lic. #H9056
administrative penalty. The action was based on an     On April 8, 2005, the Board and Dr. Crawford
allegation that Dr. Clark did not timely complete      entered into an Agreed Order whereby Dr.
his required CME in ethics.                            Crawford voluntarily surrendered his Texas
COLLINS, DAVID BURRELL, D.O.,                          medical license. The action was based on the
GRANBURY, TX, Lic. #F6538                              temporary suspension of Dr. Crawford’s license by
                                                       the Louisiana State Board of Medical Examiners
On February 17, 2005, the Board entered an Order
                                                       after it determined that he may be incompetent to
temporarily suspending Dr. Collins’ license. The
                                                       practice medicine because of psychiatric instability.
action was taken because, following an
                                                                                        continued on page 10

Spring 2005                                                                                               9
Disciplinary Actions, continued from page 9
CROWLEY, WILLIAM JAMES III, M.D.,                       DICKEY, WILLIAM JAMES JR., M.D.,
AUSTIN, TX, Lic. #J6097                                 HOUSTON, TX, Lic. #D0445
On June 3, 2005, the Board and Dr. Crowley              On April 8, 2005, the Board and Dr. Dickey entered
entered into an Agreed Order assessing an               into an Agreed Order subjecting Dr. Dickey to
administrative penalty of $750. The action was          terms and conditions for two years from the date of
based on allegations that Dr. Crowley discussed a       the order, including a requirement that Dr. Dickey’s
patient’s medical information in front of visitors in   practice be monitored by another physician and that
the patient’s hospital room without asking              he surrender his DEA and DPS controlled
permission of the patient.                              substances registration certificates. The action was
CURTIS, ROBERT BURNELL, M.D.,                           based on allegations that Dr. Dickey prescribed
AMARILLO, TX, Lic. #H6143                               habit-forming medications over a long period of
On February 4, 2005, the Board and Dr. Curtis           time to a patient displaying drug-seeking behavior
entered into an Agreed Order requiring the doctor       without appropriate physical examinations,
to complete 20 hours of CME in management of            evaluations or workups.
difficult patients and issues related to emergent GI    DONNELL, DAVID NORMAN, M.D., DALLAS,
bleeds, and assessing a $1,000 penalty. The action      TX, Lic. #H8006
was based on allegations that Dr. Curtis did not        On April 8, 2005, the Board and Dr. Donnell
adequately investigate the severity of a patient’s GI   entered into an Agreed Order suspending Dr.
bleed, which resulted in the patient returning to the   Donnell’s license, staying the suspension and
emergency room with a subsequent admission to           placing him on probation for five years under terms
the intensive care unit.                                and conditions, including that he not possess
DALKOWITZ, MARCUS BROWN, M.D., SAN                      Schedule II medications at his office; that he keep a
ANTONIO, TX, Lic. #C3625                                log of all prescriptions for controlled substances
On April 8, 2005, the Board and Dr. Dalkowitz           and dangerous drugs with addictive potential; that
entered into an Agreed Order accepting Dr.              he complete 10 hours of continuing medical
Dalkowitz’s voluntary surrender of his medical          education in pain management; that his practice be
license. Dr. Dalkowitz is physically unable to          monitored by another physician; and that he pay an
satisfactorily continue in the practice of medicine     administrative penalty of $5,000. The action was
and wished to voluntarily surrender his medical         based on allegations that Dr. Donnell failed to keep
license and retire.                                     adequate drug records and failed to keep adequate
                                                        receipts and distribution logs of numerous
DAVIES, DALE CURTIS, M.D., SHERMAN, TX,
                                                        controlled substances and dangerous drugs and, in
Lic. #K1409
                                                        one instance, improperly ordered a controlled
On April 8, 2005, the Board and Dr. Davies entered      substance in the name of an employee instead of
into an Agreed Order publicly reprimanding Dr.          the name of the patient for whom the medication
Davies, requiring him to complete 25 hours of           was intended.
continuing medical education, and assessing an
                                                        DORMAN, JOHN WESLEY, M.D., WICHITA
administrative penalty of $3,000. The action was
                                                        FALLS, TX, Lic. #D5375
based on allegations Dr. Davies failed to meet the
standard of care by prescribing antidepressants to a    On December 10, 2004, the Board and Dr. Dorman
patient without personally conducting an initial        entered into an Agreed Order issuing a public
evaluation and assessment of the patient.               reprimand, requiring a boundaries course,
                                                        additional CME in ethics and risk management, and
DAVIS, HOWELL EUGENE, D.O.,
                                                        assessing a $2,500 administrative penalty. The
ARLINGTON, TX, Lic. #H2109
                                                        action was based on allegations that Dr. Dorman
On March 4, 2005, the Board entered an Order            displayed a lack of sensitivity to patient modesty by
suspending Dr. Davis’ license. The action was           making inappropriate comments during three
based on allegations that Dr. Davis had violated his    physical examinations.
December 12, 2003, Agreed Order by ingesting
butalbital, a barbiturate.                                                                 continued next page

10                                                                                   Medical Board Bulletin
Texas Medical Rangers Seek Volunteers

I
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    attacks on the East Coast and other events        the Medical Rangers, please call (866) 835-8936
    threatening homeland security, many people        or contact them by e-mail at
wish for ways to serve Texas communities in           TexMedRangers@uthscsa.edu. Among the
need as volunteer public health professionals.        practical resources available to you at http://
   As the all-volunteer Medical Reserve Corps,        www.texasmedicalrangers.com/training.html are
organized under the Governor’s Office, the Texas      more than 1,000 disaster-related links and current
Medical Rangers voluntarily respond across the        national guidance, as well as emergency phrase
state to major public health disasters or emergen-    translation guides for 37 languages. The Texas
cies at the Governor’s call. The Medical Rangers      Medical Rangers ask that you come ride with
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sionals and individuals interested in health-         and character! !
related training or service are encouraged to join.

Disciplinary Actions, from previous page

DYER, MORGAN C. D., M.D., MIDLAND, TX,                comply with a Board subpoena and failed to
Lic. #F3111                                           maintain a contemporaneous medical record on one
On June 3, 2005, the Board and Dr. Dyer entered       patient.
into an Agreed Order whereby Dr. Dyer voluntarily     ELBAOR, JAMES EDWARD, M.D.,
and permanently surrendered his Texas medical         ARLINGTON, TX, Lic. #E7062
license. The action was based on allegations that     On June 3, 2005, the Board and Dr. Elbaor entered
Dr. Dyer was indicted for, and tried and convicted    into a Mediated Agreed Order assessing an
of, “possession of visual depiction of minors         administrative penalty of $10,000 and requiring Dr.
engaged in sexually explicit conduct.”                Elbaor to enter into a contract with a medical
EARGLE, CANTRAL LESTER JR., M.D.,                     services management firm to provide billing and
IRVING, TX, Lic. #G0694                               coding services. The action was based on
On June 3, 2005, the Board and Dr. Eargle entered     allegations of failure to use diligence in the
into an Agreed Order whereby the Board accepted       management of his medical records.
the permanent and voluntary surrender of Dr.          ELDER, JAMES EVERETT JR., M.D.,
Eargle’s Texas medical license. The action was        DALLAS, TX, Lic. #K5289
based on allegations that Dr. Eargle prescribed       On December 3, 2004, a Temporary Suspension
controlled substances to five patients without        Order was entered suspending Dr. Elder’s license
taking a proper history, without a proper physical    without notice due to evidence that the physician’s
examination and without maintaining adequate          continuation in the practice of medicine would
medical records to support the prescriptions.         constitute a continuing threat to public welfare. The
EISENBERG, ANDREW COLE, M.D.,                         allegations that led to the Temporary Suspension
MADISONVILLE, TX, Lic. #J6937                         Order will be the subject of a Temporary
On April 8, 2005, the Board and Dr. Eisenberg         Suspension Hearing with notice as soon as can be
entered into an Agreed Order requiring Dr.            scheduled. The Temporary Suspension Order shall
Eisenberg to obtain an additional 10 hours of         remain in full force and effect until such time as it
continuing medical education in medical               is superseded by a subsequent Order of the Board.
recordkeeping and assessing an administrative         The action was based on allegations that Dr. Elder
penalty of $2,500. The action was based on            diverted an associate’s triplicate prescription pad to
allegations that Dr. Eisenberg failed to timely       prescribe medications for himself and family
                                                      members, wrote false and fictitious prescriptions,
                                                                                        continued on page 12


Spring 2005                                                                                              11
Disciplinary Actions, continued from page 11
and had hospital staff privileges summarily             Dr. Fisher, assessing a $10,000 penalty, requiring
suspended. A Temporary Suspension Order was             an additional 50 hours of CME per year for three
entered on January 24, 2005, finding that Dr. Elder     years, and successful passage of the medical
poses a continuing threat to public welfare. The        jurisprudence examination within one year. The
suspension was based on Dr. Elder’s diversion of        action was based on allegations that Dr. Fisher
another physician’s triplicate prescription pad to      acquiesced to a parent’s request that he prescribe
prescribe medications to himself and family             Zoloft for a pediatric patient. The parent requested
members; his resignation from Green Oaks                Zoloft in the mistaken belief that it was an
Hospital while under investigation; his improper        antihistamine.
termination of a physician-patient relationship (the    FITZPATRICK, T. SEAN, M.D.,
patient was a minor child whom he was treating for      AUSTIN, TX, Lic. #L8056
bipolar disorder); and his failure to provide medical   On December 10, 2004, the Board and Dr.
records to a patient. The suspension order will         Fitzpatrick entered into an Agreed Order
remain in effect until such time as it is superseded    suspending Dr. Fitzpatrick’s license. The action
by a subsequent board order.                            was based on allegations that Dr. Fitzpatrick
ENGLAND, RICHARD WAYNE, M.D.,                           relapsed while under a Rehabilitation Order.
BEAUMONT, TX, Lic. #E0902                               FRAGUA, PAUL LOUIS, M.D., BROWNWOOD,
On December 10,2004, the Board and Dr. England          TX, Lic. #D9441
entered into an Agreed Order accepting the              On April 8, 2005, the Board and Dr. Fragua entered
voluntary surrender of Dr. England’s license. The       into an Agreed Order assessing a $500
action was based on Dr. England’s physical              administrative penalty. The action was based on
impairment.                                             allegations that an advertisement placed by Dr.
ENI, IKEDINOBI UGOCHUKWU, M.D.,                         Fragua incorrectly implied that he was board
WOODLAND, TX, Lic. #K6843                               certified.
On December 10, 2004, the Board and Dr. Eni             FRY, ROBERT BRYANT JR., M.D.,
entered into an Agreed Order requiring Dr. Eni to       TEXARKANA, TX, Lic. #E4339
complete 15 hours of CME in emergency medicine          On February 4, 2005, the Board and Dr. Fry entered
and assessing a $1,000 administrative penalty. The      into an Agreed Order requiring the doctor to obtain
action was based on allegations that Dr. Eni did not    an additional 20 hours of CME in medical record
meet the standard of care in treating an ER patient     documentation. The action was based on
who presented with abdominal and testicular pain.       allegations that Dr. Fry failed to document
As a result, the patient’s left testicle had to be      adequately his examination and care of one patient.
surgically removed.
                                                        GALINDO, CONRADO G. III, M.D., DEL RIO,
EVANGELISTA, ANTHONY WILLIAM, M.D.,                     TX, Lic. #F0189
ARLINGTON, TX, Lic. #K0028
                                                        On April 8, 2005, the Board and Dr. Galindo
On April 8, 2005, the Board and Dr. Evangelista         entered into an Agreed Order modifying his
entered into an Agreed Order publicly reprimanding      existing order by extending his probationary status
Dr. Evangelista and assessing an administrative         for an additional two years. The action was based
penalty of $25,000. The action was based on             on Dr. Galindo’s admission that he sipped
allegations Dr. Evangelista disseminated                champagne on two occasions in violation of his
advertisements that violated Board rules regarding      order and that he subsequently submitted a urine
making claims and representations that are not          sample that tested positive for Ethylglucuronide.
subject to substantiation or verification.
                                                        GERSHON, JULIAN ROBERT JR., D.O.,
FISHER, JAMES FORREST, M.D.,                            DENTON, TX, Lic. #G9462
SEGUIN, TX, Lic. #E6077
                                                        On December 10, 2004, the Board and Dr. Gershon
On February 4, 2005, the Board and Dr. Fisher           entered into an Agreed Order assessing a $1,500
entered into an Agreed Order publicly reprimanding      administrative penalty. The action was based on


12                                                                                  Medical Board Bulletin
allegations that Dr. Gershon engaged in a boundary       the Board and Dr. Gordon that is based on Dr.
violation. During a fitness for duty examination,        Gordon’s failure to practice in a professional
Dr. Gershon asked the patient to attend an out of        manner and his aiding an unlicensed person in the
town football game with him. Further, Dr. Gershon        practice of medicine. Under the terms of the 2003
later called the patient and asked her out for a date.   order, Dr. Gordon was required to take and pass the
GIBSON, MICHAEL LOUIS, M.D., DALLAS,                     Medical Jurisprudence exam in three attempts
TX, Lic. #E7409                                          within one year. As set out in the order, if Dr.
On April 8, 2005, the Board and Dr. Gibson entered       Gordon failed to take and pass the exam, his license
into a Mediated Agreed Order publicly reprimanding       would be suspended after a panel of Board
Dr. Gibson and extending the period of restriction in    representatives considered the relevant information.
his existing Agreed Order by two years. Additionally,    Dr. Gordon failed to meet the requirement.
the Mediated Agreed Order requires Dr. Gibson to         GRANEK, HAROLD, M.D., FORT
pass the Medical Jurisprudence Exam within one year      WORTH, TX, Lic. #F8495
and assesses an administrative penalty of $12,500.       On February 4, 2005, the Board and Dr. Granek
The action was based on allegations that Dr. Gibson      entered into an Agreed Order issuing a public
failed to comply with all of the requirements of his     reprimand and assessing a $1,000 administrative
existing order.                                          penalty. The action was based on allegations that
GILLILAND, MARK DOUGLAS, M.D.,                           Dr. Granek failed to disclose material information
HOUSTON, TX, Lic. #G2088                                 on an application for medical staff privileges. Also
On March 18, 2005, the Board entered an Order            on February 4, 2005, the Board modified an order
temporarily suspending Dr. Gilliland’s license. The      entered on September 23, 2002, adding three years
action was based on the following allegations: On        to Dr. Granek’s probated suspension, thereby
May 24, 2004, Dr. Gilliland was arrested for             placing his license on probation for six years. The
driving while intoxicated and subsequently falsely       action was based upon findings that Dr. Granek
stated to the Board in his online license renewal        violated a prior Order of the Board when he
that he had not been arrested. On March 9, 2005,         examined and treated female patients. Dr. Granek’s
after a hit-and-run accident in which two                motion for rehearing was denied and the order was
pedestrians were seriously injured, Dr. Gilliland        final effective March 18, 2005. Dr. Granek
was followed to his residence by an off-duty policy      appealed the decision of the Board to the 126th
officer. He failed a field sobriety test and was         Judicial District Court, Travis County, Texas.
arrested and charged with felony intoxicated assault     GROSS, ROBERT HADLEY, M.D.,
and failure to stop and render aid.                      WYNNEWOOD, PA, Lic. #G5125
GINZBURG, EUGENIA I., M.D.,                              On December 10, 2004, the Board and Dr. Gross
HOUSTON, TX, Lic. #G8853                                 entered into an Agreed Order revoking his license,
On December 10, 2004, the Board and Dr.                  staying the revocation and placing Dr. Gross on
Ginzburg entered into an Agreed Order assessing a        probation for 12 years, including restrictions that he
$500 administrative penalty. The action was based        not practice medicine until he proves to the Board
on Dr. Ginzburg’s mistaken belief that she had           that he is competent to do so; that he undergo
obtained one hour of CME in ethics.                      psychiatric evaluation; that he attend the Colorado
                                                         Institute for Physician Evaluation and complete any
GORDON, WILLIAM HYATT JR., M.D.,
                                                         needed assessments; and that he successfully pass
LUBBOCK, TX, Lic. #D0890
                                                         the Special Purpose Examination and the Medical
On April 12, 2005, the Board took action to              Jurisprudence Examination. The action was based
suspend Dr. Gordon’s license until further order of      on a felony conviction.
the Board. This action results from the prior Agreed
Order entered into on December 12, 2003, between


                                                                                           continued on page 14


Spring 2005                                                                                                 13
Disciplinary Actions, continued from page 13
GUILLET, GLEN GORDON, M.D.,                             Hansen violated the confidentiality of patient
BEAUMONT, TX, Lic. #D2445                               records in one instance.
On December 10, 2004, the Board and Dr. Guillet         HARMAN, ROGER DUANE, M.D.,
entered into an Agreed Order placing Dr. Guillet on     BROWNSVILLE, TX, Lic. #F4049
probation for three years, requiring eight hours of     On April 8, 2005, the Board and Dr. Harman
ethics CME each year, issuing a public reprimand,       entered into an Agreed Order restricting Dr.
and assessing a $5,000 administrative penalty. The      Harman’s license under terms and conditions for
action was based on allegations that Dr. Guillet        five years, including that Dr. Harman obtain board
asked a patient to invest $10,000, promising a          certification in pain management; that he not treat
return of $30,000. No return of the invested money      chronic pain patients; that he have his practice
or the profits has been made to the patient. Such       monitored by another physician; that he complete
conduct violates Board rules concerning financial       12 hours of ethics courses or programs each year
dealings with patients.                                 for three years; and that he pay an administrative
GULLAPALLI, UMA RANI, M.D., VICTORIA,                   penalty of $5,000. The action was based on
TX, Lic. #J1256                                         allegations of nontherapeutic prescribing of large
On April 8, 2005, the Board and Dr. Gullapalli          amounts of controlled substances without complete
entered into an Agreed Order assessing an               or consistent medical records.
administrative penalty of $1,000. The action was        HARRIS, MICHAEL SPELLMAN, M.D.,
based on allegations that Dr. Gullapalli allowed        DALLAS, TX, Lic. #D3255
incorrect biographical information to be published      On February 4, 2005, the Board and Dr. Harris
on two web sites.                                       entered into an Agreed Order requiring Dr. Harris
HALL-HERPIN, CALLIE O., M.D.,                           to complete an additional 10 hours of CME in risk
HOUSTON, TX, Lic. #K5306                                management and assessing a $2,500 administrative
On October 15, 2004, a Temporary Suspension             penalty. The action was based on allegations that
Order was entered suspending Dr. Hall-Herpin’s          Dr. Harris violated the standard of care when he
license without notice due to evidence and              failed to perform timely a pre-operative
information that the physician’s continuation in the    examination on a patient undergoing cataract
practice of medicine would constitute a continuing      surgery.
threat to public welfare. The allegations that led to   HATCH, MARK EDWARD, M.D., ARLINGTON,
the Temporary Suspension Order will be the subject      TX, Lic. #G8863
of a Temporary Suspension Hearing with notice in        On April 8, 2005, the Board and Dr. Hatch entered
the future. The Temporary Suspension Order shall        into an Agreed Order suspending Dr. Hatch’s
remain in force and effect until such time as it is     license for a minimum of six months from the date
superseded by a subsequent Order of the Board.          of his signing the order and until such time as he
The action was based on Dr. Hall-Herpin’s               provides clear and convincing evidence to the
indictment for providing narcotic medications to        Board adequately indicating he is competent to
individuals for cash payments, writing prescriptions    safely practice medicine, and further requiring Dr.
to individuals whose names Dr. Hall-Herpin had          Hatch to abstain from the consumption of alcohol
taken from the telephone book, and writing              and drugs and to undergo alcohol and drug
prescriptions for individuals with whom Dr. Hall-       screening and a psychiatric evaluation. The action
Herpin had never established a doctor-patient           was based on Dr. Hatch’s admitted abuse of
relationship.                                           hydrocodone and Xanax and admitted ordering of
HANSEN, HENRY ANDREW II, M.D.,                          large quantities of these drugs under false pretenses
LUBBOCK, TX, Lic. #E4384                                for his own use.
On April 8, 2005, the Board and Dr. Hansen entered      HENDERSON, HAROLD CLAY, M.D., DALLAS,
into an Agreed Order requiring Dr. Hansen to            TX, Lic. #G3937
complete 25 hours of ethics courses or programs.        On April 8, 2005, the Board and Dr. Henderson
The action was based on allegations that Dr.            entered into an Agreed Order requiring him to


14                                                                                   Medical Board Bulletin
obtain 20 hours of continuing medical education         conditions, including requiring Dr. Horton to enter
approved for Category I credits by the American         an inpatient drug treatment facility; undergo
Medical Association and/or the American                 psychiatric treatment; abstain from the
Osteopathic Association in thyroid disease issues       consumption of alcohol and drugs; submit to
(10 hours) and risk management (10 hours). The          screening for alcohol and drugs; and participate in
action was based on allegations that Dr. Henderson      the activities of his county medical society and
failed to meet the standard of care by not              Alcoholics Anonymous. The action was based on
adequately following up on a patient who was            Dr. Horton’s intemperate use of alcohol, including
prescribed thyroid medication.                          an arrest for operating a motor vehicle in a public
HENDERSON, ROBERT BENSON, M.D.,                         place while intoxicated and causing serious bodily
SOUTHLAKE, TX, Lic. #J6482                              injury to another.
On April 8, 2005, the Board and Dr. Henderson           HOUSE, CHARLES HAROLD, M.D., KILLEEN,
entered into an Agreed Order publicly reprimanding      TX, Lic. #D0390
Dr. Henderson, requiring him to complete a course       On June 3, 2005, the Board and Dr. House entered
or courses in the treatment of malignant head and       into an Agreed Order indefinitely restricting Dr.
neck tumors of at least 25 hours and assessing an       House’s license under terms and conditions,
administrative penalty of $3,000. The action was        including the following: Dr. House is not permitted
based on allegations Dr. Henderson violated the         to supervise or delegate prescriptive authority to a
standard of care for removal of a benign                physician assistant or advanced practice nurse; he
pleomorphic adenoma of the parotid gland because        may not prescribe controlled substances and must
an adequate margin of normal tissue was not             surrender his controlled substances certificates; he
removed in conjunction with the tumor to lessen         must enroll in the “CPEP” program (now the
the risk of recurrence. It did recur, requiring more    Center for Personalized Education for Physicians)
extensive surgery.                                      and implement recommendations of that program
HOLLINS, BLANCHARD TUCKER, M.D.,                        and not treat any patient for pain for more than 30
HOUSTON, TX, Lic. #C7219                                days. The terms and conditions also require that Dr.
On June 3, 2005, the Board and Dr. Hollins entered      House’s practice be monitored by another physician
into an Agreed Order requiring that Dr. Hollins’        and that he attend at least 50 hours of continuing
practice be monitored by another physician for up       medical education and perform one hundred hours
to three years. The action was based on allegations     of community service each year. The action was
the Board expert determined that Dr. Hollins failed     based on allegations that Dr. House
to meet the standard of care by not referring           nontherapeutically prescribed controlled substances
patients with chronic pain, anxiety and depression      to 13 patients and failed to take proper histories or
to specialists.                                         maintain adequate medical records on the patients.
HOLT, BYRON BUSBY, M.D., HOUSTON, TX,                   HOWARD, ANNETTE M., M.D., HOUSTON, TX,
Lic. #D2460                                             Lic. #J5161
On June 3, 2005, the Board and Dr. Holt entered         On March 9, 2005, the Board entered an Order
into an Agreed Order assessing an administrative        temporarily suspending Dr. Howard’s license. The
penalty of $2,000. The action was based on              action was based on Dr. Howard’s failure to comply
allegations that Dr. Holt failed to maintain adequate   with the requirements of a previous order and her
medical records for one patient.                        failure to cooperate with Board staff and with
                                                        staff’s attempts to help her comply with the order.
HORTON, STEPHEN HOWARD, M.D.,
SOUTHLAKE, TX, Lic. #L1345                              HUGHES, KEITH PATRICK, M.D., LINCOLN,
                                                        NE, Lic. #K3246
On April 8, 2005, the Board and Dr. Horton entered
into an Agreed Order suspending Dr. Horton’s            On April 8, 2005, the Board and Dr. Hughes
license for 90 days, then staying the suspension and    entered into an Agreed Order requiring Dr. Hughes
placing Dr. Horton on probation under terms and         to comply with all the terms and conditions of an

                                                                                         continued on page 16

Spring 2005                                                                                               15
Disciplinary Actions, continued from page 15
order of the State of Nebraska Department of           prescribed to a patient who died while under Dr.
Health and Human Services Regulation and               Jalali’s care.
Licensure Division. Dr. Hughes’ Nebraska order         JIA, ZAISHUI, M.D., HOUSTON, TX, Lic.
was based on allegations of dependence on or an        #K3765
active addiction to controlled substances.             On April 8, 2005, the Board and Dr. Jia entered into
HURLEY, DOUGLAS LEE, M.D.,                             an Agreed Order assessing a $500 administrative
TEMPLE, TX, Lic. #E4861                                penalty. The action was based on allegations that
On December 10, 2004, the Board and Dr. Hurley         Dr. Jia overcharged for medical records.
entered into an Agreed Order placing Dr. Hurley on     JOHNSON, TERRY LEE, M.D., WICHITA
probation for five years, requiring a psychiatric      FALLS, TX, Lic. #J5795
evaluation, abstinence, and drug testing. The action   On June 3, 2005, the Board and Dr. Johnson
was based on allegations that Dr. Hurley was           entered into an Agreed Order suspending Dr.
convicted of driving while intoxicated and may         Johnson’s license, staying the suspension after 90
have issues with depression.                           days and placing him on probation under terms and
INBODY, STEVEN BRYCE, M.D.,                            conditions for 15 years. The terms and conditions
HOUSTON, TX, Lic. #G7443                               include abstinence from alcohol and drugs, alcohol
On February 4, 2005, the Board and Dr. Inbody          and drug testing, continuing psychiatric treatment,
entered into an Agreed Order suspending Dr.            participation in Alcoholic’s Anonymous, and that
Inbody’s license, but probating the suspension for     he not serve as a physician for his immediate
10 years. The action was based on allegations that     family. Dr. Johnson’s previous Confidential
Dr. Inbody self-prescribed and was addicted to a       Nonpublic Agreed Rehabilitation Order of August,
hydrocodone-containing medication.                     2004, was also made public. The action was based
JACKSON, CLEMIS LARAINE, M.D.,                         on allegations that Dr. Johnson violated his August,
KATY, TX, Lic. #H5147                                  2004, Order for hydrocodone abuse by testing
On December 10, 2004, the Board and Dr. Jackson        positive for Fentanyl and his admission that he had
entered into an Agreed Order revoking Dr.              worn a Fentanyl patch while on a medical mission
Jackson’s license. The action was based on Dr.         out of the country.
Jackson’s felony convictions for conspiracy, health    JOHNSON-CALDWELL, JENNIFER LAVETTE,
care fraud, and money laundering.                      M.D., HOUSTON, TX, Lic. #K5571
JAFRI, ADNAN ZIA, M.D., BEAUMONT, TX,                  On April 8, 2005, the Board and Dr. Johnson-
Lic. #K8229                                            Caldwell entered into an Agreed Order assessing a
On April 8, 2005, the Board and Dr. Jafri entered      $500 penalty. The action was based on the failure
into an Agreed Order assessing an administrative       of Dr. Johnson-Caldwell to show completion of
penalty of $1,000. The action was based on             required continuing medical education.
allegations that Dr. Jafri failed to sign a death      JOSEPH, PHILMORE JOSLEY, M.D.,
certificate on a timely basis.                         HUMBLE, TX, Lic. #E1210
JALALI, HAMID REZA, D.O.,                              On December 10, 2004, the Board and Dr. Joseph
MAURICEVILLE, TX, Lic. #H0491                          entered into an Agreed Order assessing a $500
On June 3, 2005, the Board and Dr. Jalali entered      administrative penalty. The action was based on
into an Agreed Order requiring Dr. Jalali’s practice   allegations that Dr. Joseph failed to release medical
to be reviewed by another physician for one year       records in a timely fashion.
and requiring Dr. Jalali to obtain at least 10 hours   KERN, SUSAN B., M.D., HOUSTON, TX, Lic.
of continuing medical education in recordkeeping       #G6785
or risk management. The action was based on            On February 4, 2005, the Board and Dr. Kern
allegations that Dr. Jalali failed to appropriately    entered into an Agreed Order publicly reprimanding
document the need and rationale for drugs              Dr. Kern, requiring an additional 20 hours of CME




16                                                                                  Medical Board Bulletin
for three years, and requiring Dr. Kern’s practice to   KING, MICHAEL WILLIAM, M.D., PORT
be monitored for one year. The action was based on      ARTHUR, TX, Lic. #F1709
allegations that Dr. Kern altered a medical record      On April 8, 2005, the Board and Dr. King entered
after she became aware that the Board was               into an Agreed Order suspending Dr. King’s
investigating an allegation that Dr. Kern failed to     license, staying the suspension and placing him on
treat a patient within the standard of care. On June    probation for four years under terms and
3, 2005, the Board and Dr. Kern entered into an         conditions, including that he undergo a complete
Agreed Order suspending Dr. Kern’s license for a        examination by a physician; that he undergo an
minimum of 60 days and until such time as Dr.           assessment by the Institute for Physician Evaluation
Kern personally appears before the Board and            in Dallas and complete any education
provides clear and convincing evidence that she is      recommended by IPE; that he complete a course in
competent to safely practice medicine. The action       pain management of at least eight hours and appear
is based on allegations that Dr. Kern prescribed        before the Board at least once every six months.
numerous medications to herself without having          The action was based on allegations of
medical records, kept class three controlled            nontherapeutic prescribing of controlled substances
substances in unlocked cabinets, prescribed             and failure to practice medicine in an acceptable
medication to a patient without keeping a medical       professional manner consistent with public health
record and was subject to numerous allegations          and welfare.
from former employees as to improper office             KLEIMAN, DAVID A., M.D., ARLINGTON, TX,
practices and altering of medical records.              Lic. #F4167
KHAN, RABIA AWAN, M.D., IRVING, TX, Lic.                On April 8, 2005, the Board and Dr. Kleiman
#K4103                                                  entered into an Agreed Order publicly reprimanding
On December 10, 2004, the Board and Dr. Khan            Dr. Kleiman and assessing an administrative
entered into an Agreed Order requiring Dr. Khan to      penalty of $25,000. The action was based on
obtain an additional 10 hours of CME in medical         allegations Dr. Kleiman disseminated
recordkeeping for three years. The action was based     advertisements that violated Board rules regarding
on allegations that Dr. Khan added information to a     making claims and representations that are not
patient’s chart without properly identifying and        subject to substantiation or verification.
dating the additional information.                      KOLLAUS, KENNARD LEE, M.D.,
KHATAMI, MANOOCHEHR, M.D., DALLAS,                      SEGUIN, TX, Lic. #G8222
TX, Lic. #F8781                                         On January 24, 2005, the Board and Dr. Kollaus
On April 8, 2005, the Board and Dr. Khatami             entered into an Agreed Order wherein the doctor
entered into an Agreed Order requiring Dr. Khatami      was publicly reprimanded and assessed a $5,000
to obtain an additional 10 hours of continuing          penalty. The action was based on allegations that
medical education in the law concerning release of      Dr. Kollaus failed to supervise adequately advanced
medical records and assessing an administrative         practice nurses, including leaving presigned
penalty of $1,000. The action was based on              prescription pads in clinics.
allegations Dr. Khatami failed to timely comply         KONDEJEWSKI, RICHARD JOSEPH, M.D.,
with a request to provide medical records.              LEAGUE CITY, TX, Lic. #F0548
KING, CLARENCE GORDON JR., M.D., SAN                    On December 10, 2004, the Board and Dr.
ANTONIO, TX, Lic. #E1883                                Kondejewski entered into an Agreed Order
On April 8, 2005, the Board and Dr. King entered        assessing a $1,000 administrative penalty. The
into an Agreed Order assessing an administrative        action was based on allegations that Dr.
penalty of $3,000. The action was based on              Kondejewski failed to release medical records in a
allegations that Dr. King failed to cause his           timely fashion.
physician to notify the Board, as required by an
existing board order, that he had prescribed a
controlled substance for Dr. King.
                                                                                         continued on page 18


Spring 2005                                                                                               17
Disciplinary Actions, continued from page 17
KUSMIERZ, ZBIGNIEW, M.D., McALLEN, TX,                 documentation was inadequate to support the
Lic. #K9829                                            treatment rationale for that patient.
On June 3, 2005, the Board entered into an Agreed      LEAVITT, LEWIS A. III, M.D.,
Order with Dr. Kuzmierz, suspending his license,       HOUSTON, TX, Lic. #F9718
staying the suspension and placing him on              On February 4, 2005, the Board and Dr. Leavitt
probation for 10 years under terms and conditions,     entered into an Agreed Order suspending Dr.
including abstinence from drugs and alcohol, drug      Leavitt’s license, but probating the suspension for
and alcohol testing, psychiatric evaluation and        five years, issuing a public reprimand, limiting Dr.
treatment, attendance at Narcotics Anonymous or a      Leavitt’s prescribing privileges, requiring 15 hours
similar program, and limitations on his practice of    of CME in ethics for each year of the probation,
anesthesiology, including that he not directly         assessing a $2,500 administrative penalty, and
dispense or administer controlled substances to        requiring the doctor to take and pass the medical
patients or be the only person qualified to dispense   jurisprudence examination. The action was based
or administer anesthetic drugs present in an           on allegations that Dr. Leavitt prescribed
operating room. The action was based on                hydrocodone and benzodiazepine to a family
allegations that Dr. Kusmierz abused the drug          member without maintaining a medical record.
Fentanyl.                                              LeBLANC, MARY MARTHA, M.D., MCALLEN,
LAKSHMIKANTH, BANGALORE NARAYAN,                       TX, Lic. #H4481
M.D., BROWNSVILLE, TX, Lic. #G4632                     On March 4, 2005, the Board and Dr. LeBlanc
On June 3, 2005, the Board and Dr. Lakshmikanth        entered into an Agreed Order publicly reprimanding
entered into a two-year Agreed Order requiring that    Dr. LeBlanc, suspending her license, staying the
Dr. Lakshmikanth successfully complete 35 hours        suspension and placing her on probation for five
of continuing medical education each year and          years under terms and conditions, including that Dr.
assessing an administrative penalty of $5,000. The     LeBlanc adequately supervise the activities of all
action was based on allegations that Dr.               her employees; that she pass the Medical
Lakshmikanth failed to meet the standard of care in    Jurisprudence Examination within three attempts;
his treatment of a 51/2-year-old patient who           and that she complete a 10-hour course or courses
sustained an open fracture of his right forearm at     in recordkeeping and risk management. The order
the elbow and who, following treatment and             also assessed an administrative penalty of $5,000.
application of a long-arm cast, developed a life-      The action was based on allegations that Dr.
threatening infection and required amputation of       LeBlanc allowed a member of her staff to engage in
the arm at the shoulder.                               the unauthorized practice of medicine, specifically,
LEA-STOKES, MICHELE JOANNE, M.D.,                      that she allowed her husband, who had a Ph.D. in
MOUNT GRETNA, PA, Lic. #G6672                          hypnotherapy, to call himself “Doctor” and to
On April 8, 2005, the Board and Dr. Lea-Stokes         perform a breast and pelvic exam on a female
entered into a Mediated Agreed Order requiring         patient.
that her medical records be monitored for one year;    LEHANE, DANIEL EDWARD, M.D., HOUSTON,
that she maintain adequate medical records; that       TX, Lic. #E1650
she complete an additional 30 hours of continuing      On April 8, 2005, the Board and Dr. Lehane entered
medical education within three years in the areas of   into an Agreed Order assessing a $500 penalty. The
risk management or medical records                     action was based on allegations that Dr. Lehane
documentation, treating bipolar disorder and in        failed to provide medical records on a timely basis.
treating patients with a history of substance abuse;   LEONARD, PHILIP JOSEPH, M.D.,
and assessing an administrative penalty of $1,000.     AUSTIN, TX, Lic. #E8662
The action was based on allegations that Dr. Lea-
                                                       On December 10, 2004, the Board and Dr. Leonard
Stokes failed to meet the standard of care in
                                                       entered into an Agreed Order restricting Dr.
treating one patient and that her medical records
                                                       Leonard’s license for 10 years, including a



18                                                                                 Medical Board Bulletin
prohibition from any contact with female patients.   gynecological diseases and recordkeeping, each to
The action was based on allegations that Dr.         be at least 10 hours and in addition to any other
Leonard made bodily contact of a sexual nature       required continuing medical education, and
with multiple female patients.                       assessing an administrative penalty of $3,000. The
LEWIS, JEFFREY EARL, M.D., HIGHLAND                  action was based on allegations that Dr. Mays
VILLAGE, TX, Lic. #F8555                             failed to meet the standard of care in treating an
On May 16, 2005, the Board and Dr. Lewis entered     elderly female patient hospitalized with a two-year
into an Agreed Order publicly reprimanding Dr.       history of vaginal discharge and bleeding for which
Lewis, assessing an administrative penalty of        the patient had refused to seek medical attention
$1,000 and requiring him to take and pass the        and, separately, that he failed to timely complete a
Medical Jurisprudence Exam within one year. The      death certificate.
action was based on allegations that Dr. Lewis did   McBRIDE, JOHN CECIL, M.D., HOUSTON, TX,
not effectively address a patient’s post-surgery     Lic. #E2288
complications.                                       On June 3, 2005, the Board and Dr. McBride
LIGHT, KEVIN D., D.O., WEATHERFORD, TX,              entered into an Agreed Order requiring Dr.
Lic. #J9162                                          McBride to publish three times an advertisement
On March 4, 2005, the Board entered an Order         informing his former patients of his cessation of
suspending Dr. Light’s license. The action was       practice, his current mailing address and the
based on allegations that Dr. Light violated his     procedure for his patients to obtain their records.
December 13, 2002, order by ingesting alcohol.       The Agreed Order additionally assessed an
                                                     administrative penalty of $500. The action was
LITTLE, HUGH ROBINSON, M.D., HOUSTON,
                                                     based on allegations that Dr. McBride closed his
TX, Lic. #L8112
                                                     private practice without adequately informing his
On April 8, 2005, the Board and Dr. Little entered   patients of the closing or where their records could
into an Agreed Order whereby Dr. Little              be obtained, and without informing the Board of his
surrendered his license to practice medicine in      new address.
Texas. The action was based on Dr. Little’s being
                                                     McCLELLAN, DAVID MARK, M.D.,
relieved of clinical duties as an emergency
                                                     CROSBY, TX, Lic. #G0476
department resident at the University of Texas
Health Science Center at Houston based on            On December 10, 2004, the Board and Dr.
allegations of academic and behavioral issues.       McClellan entered into an Agreed Order probating
                                                     Dr. McClellan’s license for 10 years, issuing a
LONGMIRE, WARREN T. JR., M.D.,
                                                     public reprimand, and requiring the presence of a
HITCHCOCK, TX, Lic. #D0950
                                                     chaperone during examinations of female patients.
On April 8, 2005, the Board and Dr. Longmire         The action was based on allegations that Dr.
entered into an Agreed Order requiring Dr.           McClellan engaged in boundary violations.
Longmire to complete at least an additional 25
                                                     McCRAE, WILLIAM H., M.D., DALLAS, TX,
hours of continuing medical education in the areas
                                                     Lic. #F0576
of medical recordkeeping, preventative medicine
and care and treatment of difficult patients. The    On April 8, 2005, the Board and Dr. McCrae
action was based on allegations that Dr. Longmire    entered into an Agreed Order requiring Dr. McCrae
failed to meet the standard of care in regards to    to maintain a logbook of prescriptions written for
colon cancer screening and prostate cancer           dangerous drugs with addictive potential or
screening.                                           potential for abuse and assessing an administrative
                                                     penalty of $1,000. The action was based on
MAYS, JEFFRY PATRICK, M.D., BRADY, TX,
                                                     allegations that Dr. McCrae failed to manage a
Lic. #J7815
                                                     patient’s medications in an acceptable professional
On April 8, 2005, the Board and Dr. Mays entered     manner consistent with public health and welfare.
into an Agreed Order requiring Dr. Mays to
complete, within 12 months, courses in
                                                                                      continued on page 20


Spring 2005                                                                                            19
Disciplinary Actions, continued from page 19
McDONALD, RUSSELL NEIL, D.O.,                          his wife, but without creating or maintaining a
GROVES, TX, Lic. #E8705                                medical record for those persons.
On February 4, 2005, the Board and Dr. McDonald        McWILLIAMS, ROBERT BARTON, M.D.,
entered into an Agreed Order requiring Dr.             HOUSTON, TX, Lic. #H5002
McDonald to complete a 20-hour course                  On April 8, 2005, the Board and Dr. McWilliams
concerning intake history and physicals for weight     entered into an Agreed Order assessing an
loss patients. The action was based on allegations     administrative penalty of $1,000. The action was
that Dr. McDonald treated a patient with weight        based on allegations that Dr. McWilliams failed to
loss medications for two months, with no               timely comply with requirements for continuing
documentation of a physical examination and no         medical education.
labs ordered prior to treatment.                       MEHAGAN, YVONNE JO, M.D., CLEBURNE,
McGILL, THOMAS WAYNE, M.D.,                            TX, Lic. #K5674
WOLFFORTH, TX, Lic. #M0169                             On June 3, 2005, the Board and Dr. Mehagan
On June 3, 2005, the Board and Dr. McGill entered      entered into an Agreed Order requiring Dr.
into an Agreed Order superseding and extending         Mehagan to obtain an additional 35 hours of
Dr. McGill’s prior October 8, 2004, Order with the     continuing medical education per year for two
Board for three years under the same terms and         years in the areas of pain management, medical
conditions, including that Dr. McGill’s practice be    records and office management, and assessing an
limited to a group or institutional setting and that   administrative penalty of $1,000. The action was
he have a chaperone present during any physical        based on allegations Dr. Mehagan did not meet the
examination of a patient. The June 3, 2005, Agreed     standard of care in her treatment of a chronic pain
Order additionally assessed an administrative          patient.
penalty of $1,000. The action was based on a           MEKHAIL, MOUNIR MAHER, M.D., TYLER,
finding that Dr. McGill did not obtain prior written   TX, Lic. #H2154
approval from the Executive Director, as required
                                                       On April 8, 2005, the Board and Dr. Mekhail
by the October 8, 2004, Order, before joining a new
                                                       entered into an Agreed Order publicly reprimanding
group practice.
                                                       Dr. Mekhail and requiring that he not perform any
McGRIFF, LLOYD, M.D., DALLAS, TX, Lic.                 surgical procedures in-office or in any
#J5403                                                 nonaccredited hospital or nonaccredited ambulatory
On April 8, 2005, the Board and Dr. McGriff            surgery center using narcotic or sedating drugs;
entered into an Agreed Order whereby Dr. McGriff       allowing him to perform liposuction procedures
voluntarily and permanently surrendered his Texas      only in an accredited ambulatory surgical center or
medical license. The action was based on Dr.           accredited hospital; and assessing an administrative
McGriff’s plea of guilty to Medicare fraud and his     penalty of $2,500. The action was based on
desire not to practice medicine in Texas.              allegations that Dr. Mekhail did not meet the
McNUTT, STEVEN SCOTT, M.D.,                            standard of care in that he failed, on several
POTTSBORO, TX, Lic. #L0413                             occasions, to obtain pre-operative laboratory work
On April 8, 2005, the Board and Dr. McNutt             before performing tumescent liposuction
entered into an Agreed Order requiring Dr. McNutt      procedures and, in one case, failing to monitor a
to complete an additional 56 hours of continuing       patient’s hemoglobin or hematocrit during multiple
medical education in ethics, risk management and       tumescent liposuction procedures.
recordkeeping; to pass the Medical Jurisprudence       MILLS, BILLY GERALD, D.O., MESQUITE,
Examination with a score of 75 within one year;        TX, Lic. #D0716
and assessing an administrative penalty of $4,000.     On April 8, 2005, the Board and Dr. Mills entered
The action was based on allegations Dr. McNutt         into an Agreed Order whereby Dr. Mills voluntarily
prescribed medications, which were necessary and       and permanently surrendered his Texas medical
proper, to three members of his office staff and to    license, requiring him to retire from practice on



20                                                                                 Medical Board Bulletin
April 7, 2005. The action was based on allegations      MORRIS, DARELD RAY, D.O.,
that Dr. Mills failed to meet the standard of care in   AMARILLO, TX, Lic. #C8589
his treatment of two patients.                          On December 10, 2004, the Board and Dr. Morris
MIRZA, HUMAYUN, M.D., HOUSTON, TX, Lic.                 entered into an Agreed Order wherein Dr. Morris
#L6120                                                  surrendered his license. The action was based on
On December 10, 2004, the Board and Dr. Mirza           Dr. Morris’ physical condition.
entered into an Agreed Order requiring Dr. Mirza to     MONTOYA-ZERMENO, M. CARMEN, M.D.,
attend a boundaries course, to maintain adequate        SAN ANTONIO, TX, Lic. #G6057
medical records, and to pay a $1,000 administrative     On April 8, 2005, the Board and Dr. Montoya-
penalty. The action was based on an order issued by     Zermeno entered into an Agreed Order suspending
the New York State Board of Professional Conduct,       Dr. Montoya-Zermeno’s license until such time as
which placed Dr. Mirza on probation for three years     she satisfies the Board she is physically, mentally
due to inappropriate conduct with a patient.            and otherwise competent to practice medicine. The
MITCHELL, ROBY DEAN, M.D.,                              action was based on allegations that Dr. Montoya-
AMARILLO, TX, Lic. #H4560                               Zermeno ingested hydrocodone and
On October 27, 2003, a Temporary Suspension             hydromorphone in violation of a prior agreed order
Order was entered suspending Dr. Mitchell’s             of the Board.
license due to evidence that the physician’s            MURPHY, JAMES MARK, M.D., TEXARKANA,
continuation in the practice of medicine would          TX, Lic. #G6219
constitute a continuing threat to public welfare. The   On March 24, 2005, the Board suspended Dr.
Temporary Suspension Order shall remain in full         Murphy’s license until such time as he provides
force and effect until such time as it is superseded    sufficient evidence to the Board that he is no longer
by a subsequent Order of the Board. The action was      incarcerated or serving a prison term and is
based on Dr. Mitchell’s failure to comply with his      competent to practice medicine safely. The action
Agreed Order dated April 14, 2003, which required       was based on the fact that Dr. Murphy is currently
that Dr. Mitchell have his patient records monitored    incarcerated in federal prison in Texarkana.
by another physician.                                   NAMIREDDY, VASANTH REDDY, M.D., FORT
MOREE, LAMAR HOUSTON JR., M.D.,                         WORTH, TX, Lic. #H9125
ALBANY, GA, Lic. #F3249                                 On June 3, 2005, the Board and Dr. Namireddy
On April 8, 2005, the Board and Dr. Moree entered       entered into a three-year Agreed Order requiring
into an Agreed Order assessing an administrative        Dr. Namireddy to attend an additional 50 hours of
penalty of $1,000. The action was based on              continuing medical education in pharmacology,
allegations that Dr. Moree, who practices in            pain management, risk management, practice
Georgia, was disciplined by the Georgia Composite       management and medical records keeping each year
Board of Medical Examiners for delegating to a          and assessing an administrative penalty of $3,000.
physician assistant who had failed to timely renew      The action was based on allegations that Dr.
his license.                                            Namireddy wrote prescriptions for a person he
MORAN, WILMER JR., M.D., HOUSTON, TX,                   should have known was an abuser of the narcotic
Lic. #E1684                                             drugs, controlled substances or dangerous drugs
On June 3, 2005, the Board and Dr. Moran entered        prescribed.
into an Agreed Order whereby Dr. Moran                  NANDETY, RAO K., M.D., KATY, TX, Lic.
voluntarily surrendered his Texas medical license.      #F2819
The action is based on Dr. Moran’s admission of         On April 8, 2005, the Board and Dr. Nandety
his present inability to practice medicine because of   entered into an Agreed Order assessing an
poor health.                                            administrative penalty of $500. The action was
                                                        based on allegations that Dr. Nandety failed to


                                                                                         continued on page 22

Spring 2005                                                                                               21
Disciplinary Actions, continued from page 21
timely complete all required continuing medical        ORONOZ, JOAQUIN FRANCISCO JR., M.D.,
education.                                             LAREDO, TX, Lic. #K9860
NARANG, HARCHARAN SINGH, M.D.,                         On December 10, 2004, the Board and Dr. Oronoz
HOUSTON, TX, Lic. #L5481                               entered into an Agreed Order publicly reprimanding
On February 4, 2005, the Board and Dr. Narang          Dr. Oronoz, requiring additional CME hours in
entered into an Agreed Order assessing a $1,000        ethics and requiring a year of anger management
administrative penalty. The action was based on        counseling. The action was based on allegations
allegations that Dr. Narang failed to provide          that Dr. Oronoz engaged in unprofessional conduct
medical records in a timely fashion.                   by pushing or striking a surgical technician.
NATALINO, MICHAEL R., M.D., SAN                        PARKER, THOMAS STERLING, M.D.,
ANTONIO, TX, Lic. #F2821                               GEORGETOWN, TX, Lic. #F1884
On April 8, 2005, the Board and Dr. Natalino           On December 10, 2004, the Board and Dr. Parker
entered into an Agreed Order suspending Dr.            entered into an Agreed Order assessing a $1,000
Natalino’s license, staying the suspension and         administrative penalty. The action was based on
placing him on probation for three years under         failure to submit CME documentation, failure to
terms and conditions, including requirements that      comply with reporting requirements of a prior
Dr. Natalino’s practice be monitored by another        board order, and erroneously advertising that he
physician and that he obtain an additional 20 hours    was board certified in vascular medicine. While Dr.
of continuing medical education in documentation.      Parker is board certified in Internal Medicine, the
Dr. Natalino was also assessed a penalty of $5,000.    American Board of Medical Specialties does not
The action was based on allegations that Dr.           offer a certification in vascular medicine. On June
Natalino did not meet the standard of care in          3, 2005, the Board and Dr. Parker entered into an
examining, diagnosing and treating a patient with      Agreed Order publicly reprimanding Dr. Parker,
pulmonary disease.                                     requiring him to obtain 25 hours of ethics through
OLIVARES, JAIRO RAFAEL, M.D.,                          courses or programs approved by the Executive
GARLAND, TX, Lic. #J9250                               Director of the Board and assessing an
                                                       administrative penalty of $2,000. The action was
On December 10, 2004, the Board and Dr. Olivares
                                                       based on allegations that Dr. Parker abetted the
entered into an Agreed Order requiring attendance
                                                       practice of medicine by a company owned by non-
at courses in addictionology and recordkeeping,
                                                       physicians.
monitoring by a Board-approved physician, and
paying a $3,000 administrative penalty. The action     PAYNE, DONALD EARL, M.D.,
was based on allegations that Dr. Olivares engaged     TYLER, TX, Lic. #C5348
in nontherapeutic prescribing of narcotic              On December 10, 2004, the Board and Dr. Payne
medications and erred in a diagnosis. Dr. Olivares     entered into an Agreed Order assessing a $500
referred a patient to hospice on the assumption the    administrative penalty. The actions were based on
patient suffered from pancreatic cancer, when the      allegations that Dr. Payne incorrectly documented a
patient actually suffered from chronic pancreatitis.   physical examination by stating that the patient’s
OLMSTED, WILLIAM ROBERT, M.D.,                         genitalia were normal, when in fact Dr. Payne did
DALLAS, TX, Lic. #J1550                                not examine the genitalia.
On June 3, 2005, the Board and Dr. Olmsted             PENA, FRANCISCO I., M.D., LAREDO, TX, Lic.
entered into an Agreed Order assessing an              #F9107
administrative penalty of $500. The action was         On December 10, 2004, the Board and Dr. Pena
based on allegations that Dr. Olmsted failed to        entered into a 10-year Agreed Order publicly
supply requested medical records on a timely basis.    reprimanding Dr. Pena, ordering the doctor not to
                                                       practice obstetrics, not to advertise that he is board
                                                       certified in family practice, requiring an additional
                                                       20 hours of CME each year he is under order, and
                                                       requiring the Texas medical jurisprudence exam.


22                                                                                  Medical Board Bulletin
PENDLETON, MICHAEL JEROME, M.D.,                         complete a course in risk management and
CORPUS CHRISTI, TX, Lic. #L4091                          assessing an administrative penalty of $1,000. The
On December 5, 2004, the Board and Dr. Pendleton         action was based on allegations that Dr. Porras did
entered into an Agreed Order suspending Dr.              not adequately communicate with a patient’s family
Pendleton’s license, probating the suspension and        regarding her care and status.
placing Dr. Pendleton under terms and conditions         POWELL, BURRELL EDWIN, M.D.,
for five years including abstaining from alcohol and     CONROE, TX, Lic. #C3175
drugs, submitting to random drug testing, and            On November 15, 2004, the Board and Dr. Powell
psychiatric treatment. The action was based on           entered into an Agreed Order requiring Dr. Powell
allegations of intemperate use of alcohol and drugs.     to maintain adequate medical records, maintain a
PEREZCASSAR, JOSE ENRIQUE, M.D.,                         log book of all prescriptions, disallowing telephone
ORLANDO, FL, Lic. #H7205                                 prescriptions, requiring passage of the Special
On December 10, 2004, the Board revoked Dr.              Purpose Examination exam, and requiring the
Perezcassar’s license. The action was based on           doctor to seek Board approval if he changes his
allegations that Dr. Perezcassar intubated a patient     practice site. The action was based on allegations
when not medically indicated, failed to do an            that Dr. Powell failed to keep adequate medical
appropriate medical procedure within the standard        records and engaged in nontherapeutic prescribing.
of care on a second patient resulting in                 On February 4, 2005, the Board and Dr. Powell
hospitalization, and failed to diagnose a fracture in    entered into an Agreed Order wherein the Board
a third patient resulting in subsequent surgery. Dr.     accepted the voluntary and permanent surrender of
Perezcassar filed a Motion for Rehearing, which          Dr. Powell’s license. The action was based on Dr.
was denied by the Board. The order dated                 Powell’s inability to pass the SPEX and his desire
December 10, 2004, was effective January 20,             to retire from the practice of medicine.
2005.                                                    PRATER, WILLIAM WARREN, M.D., SAN
PETERS, ALONZO III, M.D., HOUSTON, TX,                   ANTONIO, TX, Lic. #F4390
Lic. #F5696                                              On June 3, 2005, the Board and Dr. Prater entered
On April 8, 2005, the Board and Dr. Peters entered       into a Mandatory Revocation Order revoking Dr.
into an Agreed Order revoking Dr. Peters’ medical        Prater’s Texas medical license. The terms and
license. The action was based on allegations that        conditions of his August 17, 1996, Agreed Order
Dr. Peters violated his existing agreed order by         required Dr. Prater to abstain from alcohol unless
prescribing hydrocodone and promethazine with            prescribed by a physician and authorized the Board
multiple refills to patients on a routine basis and by   to automatically revoke his license upon
continuing to treat chronic pain patients in violation   determination by a Board panel that Dr. Prater had
of his order.                                            violated the Agreed Order. The action was based on
                                                         Dr. Prater’s violation on November 9, 2004, when
PIERCE, BILLY DON, M.D., WEST, TX, Lic.
                                                         he tested positive for alcohol.
#C6757
                                                         RAMIREZ-LAVIN, JAVIER, M.D., McALLEN,
On February 4, 2005, the Board and Dr. Pierce
                                                         TX, Lic. #F7893
entered into an Agreed Order publicly reprimanding
Dr. Pierce, requiring successful completion of the       On June 3, 2005, the Board and Dr. Ramirez-Lavin
medical jurisprudence examination and 16 hours of        entered into an Agreed Order publicly reprimanding
CME in medical recordkeeping. The action was             Dr. Ramirez-Lavin and assessing an administrative
based on allegations that Dr. Pierce failed to           penalty of $1,000. The action was based on
maintain a complete medical record on a patient.         allegations that Dr. Ramirez-Lavin prematurely
                                                         halted resuscitation on a newborn that he deemed to
PORRAS, ENRIQUE, M.D., EL PASO, TX, Lic.
                                                         be stillborn. The infant still had a heartbeat and
#J8346
                                                         gasping respirations for 30 minutes after Dr.
On April 8, 2005, the Board and Dr. Porras entered       Ramirez-Lavin’s determination, and ultimately the
into an Agreed Order requiring Dr. Porras to             newborn had normal pulse and breathing.
                                                                                          continued on page 24


Spring 2005                                                                                                23
Disciplinary Actions, continued from page 23
RAMIREZ-NIETO, MARIA CRISTINA, M.D.,                   ROGLER-BROWN, TIMOTHY LEE, M.D., SAN
HOUSTON, TX, Lic. #J4979                               BENITO, TX, Lic. #K6918
On June 3, 2005, the Board and Dr. Ramirez-Nieto       On June 3, 2005, the Board and Dr. Rogler-Brown
entered into an Agreed Order assessing an              entered into an Agreed Order assessing an
administrative penalty of $1,000. The action was       administrative penalty of $1,000. The action was
based on allegations that Dr. Ramirez-Nieto failed     based on allegations that Dr. Rogler-Brown used an
to timely provide requested medical records.           advertising statement that was false, misleading or
RAPHAEL, PETER, M.D., PLANO, TX., Lic.                 deceptive.
#G8361                                                 SACHDEV, ATUL KUMAR, M.D., HOUSTON,
On June 8, 2005, the Board ordered that Dr.            TX, Lic. #K1294
Raphael’s Texas medical license be immediately         On April 8, 2005, the Board and Dr. Sachdev
suspended. The action was based on Dr. Raphael’s       entered into an Agreed Order suspending Dr.
failure to comply with all of the terms and            Sachdev’s license, staying the suspension and
conditions of an Order Dr. Raphael entered into        placing him on probation for two years; requiring
with the Board on December 12, 2003.                   him to complete a 10-hour course in recordkeeping
Subsequently, and also on June 8, the District Court   and a 10-hour course in infectious diseases, both
of the 353rd Judicial District in Travis County,       courses to be approved by the executive director in
Texas, entered an Order denying Dr. Raphael’s          advance; requiring his practice to be monitored by
application for a temporary restraining order          another physician and assessing an administrative
against the enforcement of the Board’s Order.          penalty of $5,000. The action was based on
RASHID, KHUSRO, M.D., SAN                              allegations that Dr. Sachdev failed to elicit an
ANTONIO, TX, Lic. #K4203                               adequate history and physical for a patient and that
On February 4, 2005, the Board and Dr. Rashid          his medical records were incomplete.
entered into an Agreed Order suspending Dr.            SANDERS, PATRICIA FERN, M.D.,
Rashid’s license, but probating the suspension for     LONGVIEW, TX, Lic. #H4674
five years. The action was based on allegations of     On June 3, 2005, the Board and Dr. Sanders entered
disruptive behavior and failure to properly assess     into an Agreed Order assessing an administrative
two patients before emergency room treatment.          penalty of $1,500. The action is based on
ROBINSON, HERBERT JOEL, M.D., SAN                      allegations that Dr. Sanders failed to timely provide
ANTONIO, TX, Lic. #D5568                               requested medical records.
On June 3, 2005, the Board and Dr. Robinson            SARKAR, SONALI, M.D., HOUSTON, TX, Lic.
entered into an Agreed Order assessing an              #BP20019410
administrative penalty of $500. The action was         On June 3, 2005, the Board and Dr. Sarkar entered
based on allegations that Dr. Robinson failed to       into an Agreed Order requiring that if Dr. Sarkar
timely provide requested medical records.              seeks a physician in training permit or a medical
ROBY, RUSSELL R., M.D., AUSTIN, TX, Lic.               license, she must appear before the Licensure
#E1255                                                 Committee of the Board and provide clear and
On December 10, 2004, the Board and Dr. Roby           convincing evidence that indicates to the
entered into an Agreed Order publicly reprimanding     satisfaction of the Board that she is physically,
Dr. Roby, requiring a practice monitor, and            mentally, and otherwise competent to safely
requiring Dr. Roby to present an informed consent      practice medicine. The action was based on
for Board approval. The action was based on            allegations that Dr. Sarkar suffers from a mental
allegations that Dr. Roby treated a patient’s          illness.
bacterial infection with dilute tetanus toxoid         SAUCEDA, FRANCISCO BASIL, M.D., SAN
injections without informed consent.                   ANTONIO, TX, Lic. #H8375
                                                       On February 17, 2005, the Board entered an Order
                                                       temporarily suspending Dr. Sauceda’s license. The



24                                                                                  Medical Board Bulletin
action was based on Dr. Sauceda’s arrest for            continuing medical education in recordkeeping; to
possession of cocaine and the subsequent discovery      complete an Advanced Trauma Life Support
of prescription drugs and syringes in his vehicle.      (ATLS) Course and obtain ATLS certification; and
The action was also based on findings by the Board      assessing an administrative penalty of $3,000. The
that Dr. Sauceda is a known drug abuser who had         action was based on allegations that Dr. Seudeal
been under two previous Board orders for                failed to meet the standard of care in managing a
substance abuse.                                        newly quadriplegic patient recovering from surgery
SCALLY, MICHAEL CHARLES, M.D.,                          by failing to monitor the patient for deterioration of
HOUSTON, TX, Lic. #G0066                                function of the lungs, failing to order serial x-rays
On February 4, 2005, the Board revoked Dr.              to assess respiratory status and failing to order
Scally’s license and assessed an administrative         pressure-breathing treatments as part of the critical
penalty of $190,000 and transcript costs of             care treatment plan.
$12,809.50. The action was based upon findings          SHAW, JAMES MILLARD, M.D., LAKEWAY,
that Dr. Scally prescribed anabolic steroids without    TX, Lic. #E1128
a medical purpose, failed to recognize any errors in    On April 8, 2005, the Board and Dr. Shaw entered
his treatment regime, and maintained inadequate         into an Agreed Order assessing an administrative
medical records. Dr. Scally filed a Motion for          penalty of $1,000. The action was based on
Rehearing, which was denied by Board. The order         allegations that Dr. Shaw failed to timely complete
dated February 4, 2005, was final effective March       all required continuing medical education.
11, 2005. On April 11, 2005, Dr. Scally filed an        SILBERG, LOUISE BARBARA, D.O., EL
appeal to the 353rd Judicial District Court of Travis   PASO, TX, Lic. #J9348
County, Austin. On April 8, 2005, the Board and         On February 4, 2005, the Board and Dr. Silberg
Dr. Scally entered into an Agreed Order publicly        entered into an Agreed Order accepting the
reprimanding Dr. Scally. The action was based on        voluntary and permanent surrender of the doctor’s
allegations that Dr. Scally offered monetary            license. The action was based on Dr. Silberg’s
incentives to patients to recruit other patients for    illness.
his practice. Dr. Scally’s license was revoked in a
                                                        SILVA, SERGIO, M.D., AUSTIN, TX, Lic. #J8773
separate matter on February 4, 2005, but the Board
retained jurisdiction to resolve these allegations.     On April 8, 2005, the Board and Dr. Silva entered
                                                        into an Agreed Order assessing an administrative
SCHEFFEY, ERIC HESTON, M.D.,
                                                        penalty of $5,000. The action was based on
HOUSTON, TX, Lic. #E6607
                                                        allegations that Dr. Silva did not respond to a
On February 4, 2005, the Board revoked Dr.              subpoena from the Board for medical records or to
Scheffey’s license and assessed an administrative       follow-up communication from Board staff.
penalty of $845,000 and transcript costs of
                                                        SMITH, JAMES KIRBY JR., M.D., PORT
$9,444.55. The action was based upon findings that
                                                        LAVACA, TX, Lic. #D6178
Dr. Scheffey performed 29 unnecessary surgeries
on 11 patients and also failed to report medical        On April 8, 2005, the Board and Dr. Smith entered
malpractice liability claims. Dr. Scheffey filed a      into an Agreed Order requiring that Dr. Smith
Motion for Rehearing, which was denied by the           complete five hours of courses in records
Board. The order dated February 4, 2005, was            management and that his practice be monitored by
effective March 18, 2005. Dr. Scheffey appealed to      another physician for a period that allows for four
the 126th Judicial District Court, Travis County, on    consecutive quarterly reports. The action was based
March 31, 2005.                                         on allegations that Dr. Smith failed to inquire about
                                                        allergies to medication prior to having his staff give
SEUDEAL, INDAL M., M.D., HARLINGEN, TX,
                                                        an injection to which the patient was allergic.
Lic. #J7664
                                                        SNOW, TASCA DARLENE, M.D.,
On June 3, 2005, the Board and Dr. Seudeal entered
                                                        AUSTIN, TX, Lic. #L3836
into an Agreed Order publicly reprimanding Dr.
Seudeal and requiring him to complete 15 hours of       On December 10, 2004, the Board publicly
                                                                                          continued on page 26

Spring 2005                                                                                                25
Disciplinary Actions, continued from page 25
reprimanded Dr. Snow and placed certain terms and        years, including that he must obtain 10 hours each
conditions on her license, specifically requiring that   of continuing medical education in medical records
she take and pass the Medical Jurisprudence              and ethics each year and that he not treat, prescribe
Examination within one year, and assessing an            for or otherwise serve as a physician for his
administrative penalty in the amount of $5,000. The      immediate family. The action was based on
action was based on unprofessional conduct in that       allegations that Dr. Stumhoffer nontherapeutically
Dr. Snow closed and moved her practice without           prescribed controlled substances to his wife,
providing required notice to the Board, terminated       without keeping a medical record, and to himself.
patient care without providing reasonable notice to      SUOMINEN, DAVID, M.D., CORINTH, TX, Lic.
her patients, and failed to provide a means for          #J6752
patients to obtain their medical records upon            On February 4, 2005, the Board and Dr. Suominen
closure of her practice. Dr. Snow did not file a         entered into an Agreed Order suspending Dr.
Motion for Rehearing; therefore the order dated          Suominen’s license, but probating the suspension
December 10, 2004, is effective on January 10,           for 10 years and assessing a $10,000 administrative
2005.                                                    penalty. The action was based on allegations of
SPEAR, DAVE S., M.D., ODESSA, TX, Lic.                   unprofessional conduct, including misdemeanor
#H9719                                                   criminal conduct, self-prescribing, and alcohol
On June 3, 2005, the Board and Dr. Spear entered         abuse.
into an Agreed Order assessing an administrative         TAYLOR, JILL ANN, D.O.,
penalty of $500. The action was based on                 KINGWOOD, TX, Lic. #K2296
allegations that Dr. Spear, as part of an attempt to     On March 23, 2005, the Board and Dr. Taylor
implement a telemedicine project in an underserved       entered into an Agreed Order requiring Dr. Taylor
area, violated a Board rule prohibiting offering         to ensure that all advertisements for her practice
rewards to any person for securing or soliciting a       conform to all provisions of Board rules regulating
patient.                                                 physician advertising and assessing an
STEWART, KERBY JAMES, M.D., AUSTIN, TX,                  administrative penalty of $1,000. The action was
Lic. #J3623                                              based on allegations that Dr. Taylor’s advertising
On March 14, 2005, the Board entered an Order            regarding board certification was false, deceptive
suspending Dr. Stewart’s license. The action was         and misleading.
based on allegations that Dr. Stewart violated his       THIRSTRUP, LARRY GOFFREY, M.D.,
December 12, 2003, agreed order by drinking              DALLAS, TX, Lic. #K4267
alcohol.                                                 On November 18, 2004, a Temporary Suspension
STAFFORD, NOVARRO CHARLES, M.D.,                         Order was entered suspending Dr. Thirstrup’s
HOUSTON, TX, Lic. #H5072                                 license without notice due to evidence that the
On February 4, 2005, the Board and Dr. Stafford          physician’s continuation in the practice of medicine
entered into an Agreed Order requiring the doctor        would constitute a continuing threat to public
to obtain an additional 20 hours of CME each year        welfare. The allegations that led to the Temporary
for two years in pediatric infectious diseases. The      Suspension Order will be the subject of a
action was based on allegations that Dr. Stafford        Temporary Suspension Hearing with notice in the
overutilized tympanograms.                               near future. The Temporary Suspension Order shall
STUMHOFFER, ROBERT BRIAN, D.O.,                          remain in full force and effect until such time as it
HOUSTON, TX, Lic. #H0857                                 is superseded by a subsequent Order of the board.
On June 3, 2005, the Board and Dr. Stumhoffer            The action was based on allegations of continued
entered into an Agreed Order requiring that Dr.          abuse of alcohol and drugs.
Stumhoffer take and pass the Medical                     THOMAS, FRED C., M.D., DALLAS, TX, Lic.
Jurisprudence Examination within one year and            #G1785
subjecting him to terms and conditions for three         On December 10, 2004, the Board and Dr. Thomas



26                                                                                    Medical Board Bulletin
entered into an Agreed Order assessing a $1,000         drugs or medication for any person. Dr. Vagshenian
administrative penalty. The action was based on         shall limit his medical practice to administrative
allegations that Dr. Thomas failed to provide           non-clinical medicine only. The action was based
medical records in a timely fashion.                    upon conviction of the offense of assault on
TORRES, RICHARD R., M.D., MESQUITE, TX,                 patients in the course of his practice.
Lic. #K6943                                             VAZQUEZ-IBARRA, JESUS R., M.D., EL PASO,
On June 3, 2005, the Board and Dr. Torres entered       TX, Lic. #E4106
into an Agreed Order assessing an administrative        On April 8, 2005, the Board and Dr. Vazquez-Ibarra
penalty of $2,000. The action was based on              entered into an Agreed Order restricting his license
allegations that Dr. Torres failed to obtain the        for 10 years under terms and conditions, including
continuing medical education required by a prior        that he is prohibited from practicing interventional
Agreed Order.                                           cardiology or performing invasive procedures to
TSE, EDWARD KIN-CHOW, M.D., HOUSTON,                    diagnose and/or treat heart disease; that he must
TX, Lic. #G4413                                         limit his practice to clinical cardiology; and that he
On June 3, 2005, the Board and Dr. Tse entered into     must obtain continuing medical education in
a three-year Agreed Order requiring Dr. Tse’s           medical record documentation and in caring for
practice to be monitored by another physician and       difficult patients. The action was based on
requiring Dr. Tse to complete an additional 50          allegations that Dr. Vazquez-Ibarra did not meet the
hours of continuing medical education each year.        standard of care in treating five patients, failed to
The action was based on allegations that for one        maintain adequate medical records and had his
patient Dr. Tse maintained poor medical records,        practice privileges restricted by the Del Sol
failed to properly evaluate the patient for chronic     Medical Center.
pain and overprescribed antibiotics.                    WALKER, McDONALD HUGO, M.D., PLANO,
TOVAR, WINFRED SCILLA, M.D., DALLAS,                    TX, Lic. #F7658
TX, Lic. #BP20015405                                    On June 3, 2005, the Board and Dr. Walker entered
On April 8, 2005, the Board and Dr. Tovar entered       into an Agreed Order requiring Dr. Walker to
into an Agreed Order requiring Dr. Tovar to             complete 25 hours of continuing medical education
undergo psychiatric evaluation and any treatment        in orthopedics, emergency medicine and medical
recommended as a result of the evaluation and to        recordkeeping within one year and assessing an
participate in the activities of Sexaholics             administrative penalty of $1,000. The action was
Anonymous. The action was the result of Dr.             based on allegations Dr. Walker failed to meet the
Tovar’s arrest and deferred adjudication for public     standard of care in evaluating an elderly patient
lewdness.                                               who presented to the emergency room with
                                                        complaints of left hip pain after a fall that caused a
UGARTE, JOSE M., M.D., KINGSVILLE, TX,
                                                        broken hip.
Lic. #E3134
                                                        WALKER, RANDALL DEAN, M.D.,
On April 8, 2005, the Board and Dr. Ugarte entered
                                                        MAGNOLIA, TX, Lic. #G5744
into an Agreed Order assessing an administrative
penalty of $500. The action was based on                On February 4, 2005, the Board and Dr. Walker
allegations that Dr. Ugarte failed to provide           entered into an Agreed Order suspending the
requested medical records on a timely basis.            doctor’s license for a minimum of 18 months. The
                                                        action was based on allegations that Dr. Walker
VAGSHENIAN, GREGORY SIMON, M.D.,
                                                        ingested alcohol, contrary to the requirements of a
AUSTIN, TX, Lic. #J8155
                                                        prior agreed order.
On October 19, 2004, the Board and Dr.
                                                        WALSS, RODOLFO J., M.D., BROWNSVILLE,
Vagshenian entered into an Agreed Order
                                                        TX, Lic. #J1423
restricting Dr. Vagshenian’s license in that he shall
not engage in the practice of medicine that involves    On June 3, 2005, the Board and Dr. Walss entered
direct patient contact or the prescription of any       into an Agreed Order assessing an administrative
                                                                                          continued on page 28


Spring 2005                                                                                                27
Disciplinary Actions, continued from page 27
penalty of $500. The action was based on               entered into an Agreed Order assessing a $1,000
allegations that Dr. Walss used an advertising         administrative penalty. The action was based on
statement that was false, misleading or deceptive.     allegations that Dr. White did not timely complete
WELLS, DARREL RICHARD, M.D.,                           his required CME hours.
HUNTSVILLE, TX, Lic. #F2099                            WILLIAMS, MICHAEL LEE, M.D.,
On May 8, 2005, the Board and Dr. Wells entered        PALESTINE, TX, Lic. #H5995
into an Agreed Order suspending Dr. Wells’ license,    On April 8, 2005, the Board and Dr. Williams
staying the suspension and placing him on              entered into an Agreed Order requiring Dr.
probation for as long as he holds a Texas medical      Williams to obtain 10 hours of continuing medical
license, requiring him to abstain from the             education in medical recordkeeping; obtain a letter
consumption of alcohol or other drugs, undergo         from the Palestine Regional Medical Center
random drug screening, obtain a forensic               confirming that he has completed the medical
psychiatric evaluation, complete a 60-day inpatient    records of his patients admitted to the Center; and
program, participate in Alcoholics Anonymous and       assessing a $1,000 administrative penalty. The
comply with the terms and conditions of his            action was based on allegations that Dr. Williams
contract with Huntsville Memorial Hospital. The        failed to timely complete medical records of
action was based on allegations of a long history of   patients admitted to Palestine Regional Medical
drug and alcohol abuse with an April, 2004, relapse    Center and that his privileges were temporarily
of alcohol abuse.                                      suspended by the Center for such failure to timely
WHEELER, DOUGLAS WAYNE, M.D., PORT                     complete records.
NECHES, TX, Lic. #F8731                                WILLIAMSON, MARK ALAN, M.D.,
On June 3, 2005, the Board and Dr. Wheeler             FRIENDSWOOD, TX, Lic. #H4855
entered into an Agreed Order replacing and             On April 8, 2005, the Board and Dr. Williamson
extending an April 2, 2004, Mediated Order. The        entered into an Agreed Order suspending Dr.
Agreed Order, as did the previous Order, suspends      Williamson’s license for 90 days beginning July 1,
Dr. Wheeler’s license, stays the suspension and        2005, staying the suspension after 90 days and
places him on probation for five years under terms     placing him on probation under terms and
and conditions, including that he not practice         conditions for 10 years from the date of the order.
obstetrics or surgical gynecology, that his practice   The terms and conditions include a five-day
be monitored by another physician, that he perform     inpatient assessment, a limitation of his practice to
100 hours of community service each year, that he      an academic setting, abstinence from the
complete at least 50 hours of additional continuing    consumption of drugs and alcohol, participation in
medical education and that he pay a $5,000             Alcoholics Anonymous, and continued psychiatric
administrative penalty. The action was based on        care. The action was based on allegations of a long
allegations that Dr. Wheeler had not complied with     history of alcohol and drug abuse by Dr.
the terms of his April 2, 2004, Mediated Order in      Williamson.
that he had not completed the community service        XENAKIS, STEPHEN N., M.D., ARLINGTON,
nor paid all of the administrative penalty.            VA, Lic. #G2061
WHITTAKER HILLIARD, YOLANDA LA                         On April 8, 2005, the Board and Dr. Xenakis
VERN, M.D., SAN ANTONIO, TX, Lic. #F7302               entered into an Agreed Order assessing a $1,000
On June 3, 2005, the Board and Dr. Hilliard entered    administrative penalty. The action was based on
into an Agreed Order assessing an administrative       allegations that Dr. Xenakis failed to provide proof
penalty of $1,000. The penalty was based on            that he completed 12 hours of continuing medical
allegations that Dr. Hilliard failed to release        education, including one hour in ethics.
requested medical records on a timely basis.           ZIMMER, GERALD HARWICK III, M.D.,
WHITE, ROBERT FRANK, M.D., MOUNT                       ATHENS, TX, Lic. #J8853
VERNON, TX, Lic. #C7159                                On April 8, 2005, the Board and Dr. Zimmer
On December 10, 2004, the Board and Dr. White          entered into an Agreed Order publicly reprimanding


28                                                                                  Medical Board Bulletin
Dr. Zimmer and assessing an administrative penalty    psychiatric evaluation and treatment as
of $1,000. The action was based on allegations Dr.    recommended; abstinence from the consumption of
Zimmer refused to provide a patient’s medical         alcohol and drugs; drug and alcohol testing;
records unless additional payment was made for        limitations on treating family members; and a
medical services provided.                            requirement to practice only while under the direct
                                                      supervision of an on-site physician. The action was
Acupuncturists                                        based on allegations of prior drug abuse, writing
KAREEM, ASYA, NORTH RICHLAND                          prescriptions in his name for controlled substances
HILLS, TX, Lic. #AC00364                              to be taken by his wife, and violation of a prior
                                                      agreed order.
On December 10, 2004, the Board and Ms. Kareem
entered into an Agreed Order assessing a $700         NOLEN, JOHN EDWARD, PALESTINE, TX, Lic.
administrative penalty. The action was based on       #PA01635
violation of a previous Order of the Board in which   On May 20, 2005, the Board of Physician Assistant
Ms. Kareem failed to pass the TSE with a score of     Examiners and Mr. Nolen entered into an Agreed
45 by April 1, 2003.                                  Order assessing an administrative penalty of $500.
WILSON, JANIS PIERCE, LUBBOCK, TX, Lic.               The action was based on allegations Mr. Nolen
#AC00233                                              failed to report an arrest on his license renewal
                                                      application.
On December 10, 2004, the Board and Ms. Wilson
entered into an Agreed Order suspending Ms.           FERRILL, ANDREW MARTIN, P.A.,
Wilson’s license. The action was based on             AUSTIN, TX, Lic. #PA02571
allegations of depression and alcohol dependence.     On November 5, 2004, the Board and Mr. Ferrill
                                                      entered into an Agreed Order in which Mr. Ferrill
                                                      voluntarily and permanently surrendered his Texas
Physician Assistants
                                                      Physician Assistant license. The action was based
CORDOVA, PHILIP FRANK, CANUTILLO, TX,                 on allegations of Mr. Ferrill’s intemperate use of
Lic. #PA01727                                         drugs.
On May 20, 2005, the Board of Physician Assistant     WEILAND, BONNIE EILEEN, P.A.,
Examiners and Mr. Cordova entered into an Agreed      AMARILLO, TX, Lic. #PA03649
Order assessing an administrative penalty of $500.
                                                      On November 5, 2004, the Board and Ms. Weiland
The action was based on allegations Mr. Cordova
                                                      entered into an Agreed Order requiring 10 hours of
failed to report an arrest on his 2003 annual
                                                      medical ethics and assessing a $500 administrative
registration.
                                                      penalty. The action was based upon allegations that
HARRIS, SHARYN KAY, CANYON LAKE, TX,                  Ms. Weiland failed to perform a history and
Lic. #PA00262                                         physical on three occasions while employed at
On May 20, 2005, the Board of Physician Assistant     Amarillo Veterans Administration.
Examiners and Ms. Harris entered into an Agreed
Order assessing an administrative penalty of $500.    Non-Certified Radiologic Technician
The action was based on allegations that Ms. Harris
entered a plea of nolo contendere for driving while   WHITTEN, LEWIS W., DRIPPING
intoxicated on a night when she was on telephone      SPRINGS, TX, Lic. #NC00063
call, though not required to see patients.            On February 4, 2005, the Board and Mr. Whitten
HOUSEMAN, THAD WILLIAM, WHITNEY,                      entered into an Agreed Order wherein the Board
TX, Lic. #PA01862                                     accepted the voluntary surrender of his non-
                                                      certified radiologic technician’s license. The action
On March 22, 2005, the Board of Physician
                                                      was based on allegations that Mr. Whitten was
Assistant Examiners and Mr. Houseman entered
                                                      convicted of a third-degree felony. !
into an Agreed Order subjecting him to terms and
conditions for five years, including a forensic



Spring 2005                                                                                              29
Formal Complaints
   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

Julio C. Arauz, M.D.           J5247      4-21-05     Failure to maintain adequate medical records;
                                                      nontherapeutic prescribing; failure to adequately
                                                      supervise those acting under his supervision.
Beauford Basped, D.O.          E3813      5-27-05     Nontherapeutic prescribing; failure to meet the standard
                                                      of care.
Michael W. Berg, M.D.          F3683      4-21-05     Inappropriate behavior; failure to effectively communi-
                                                      cate with patients; complaints by patients of rough
                                                      treatment and handling.
Viraf Cooper, M.D.            G4553      12-28-05     Failure to meet the standard of care in four surgical
                                                      cases, resulting in patient harm and death; peer review
                                                      disciplinary action.
Johnston Cox, M.D.           applicant   11-18-08     Petition in opposition to relicensure, after his license
                                                      was suspended and then lapsed, based on diverting
                                                      drugs for his own use; and providing false or misleading
                                                      information on his application for relicensure.
Carlos H. Fernandez, M.D.     D9438       5-17-05     Failure to meet the standard of care in back surgery
                                                      cases and in delegating postoperative care to a lesser-
                                                      trained individual.
Lewis J. Frazee, M.D.         G1289       12-6-04     Failure to properly examine a patient prior to LASIK
                                                      surgery; failure to diagnose cataracts; failure to examine
                                                      a patient postoperatively; failure to properly supervise
                                                      subordinates; and improper delegation.
John D. Huff, M.D.            D7993       4-21-05     Failure to take and pass SPEX exam and pay $29,000
                                                      penalty in accordance with previous Board order;
                                                      disciplinary action in another state.
Albert C. Knoerr, M.D.        D3301       4-21-05     Failure to maintain adequate medical records; prescrib-
                                                      ing narcotics without objective medical evidence to
                                                      support their use.
Robert C. Kuhne, M.D.         H2519       4-28-05     Inappropriate sexual comments to a patient.
Roby D. Mitchell, M.D.        H4560       1-31-05     Failure to meet the standard of care in using traditional
                                                      or alternative treatments; failure to comply with April
                                                      14, 2003, order.
Walter W. Montesinos, M.D.    H5011      11-22-04     Sexually inappropriate behavior toward a patient;
                                                      failing to maintain confidentiality of a patient.
John E. Perry, M.D.           D3747       4-21-05     Aiding or abetting the practice of medicine by a person
                                                      or entity that is not licensed by the Board; failure to
                                                      release medical records within 15 days after the request.
Robert C. Snip, M.D.           F3622      5-17-05     Failure to supervise adequately those acting under his
                                                      supervision in the case of a LASIK surgery patient.
Suraphandhu Srivathanakul, M.D. E7288     2-7-05      Nontherapeutic prescribing; care and treatment below
                                                      the standard of care; failure to keep adequate medical
                                                      records; failure to maintain acceptable physician-patient
                                                      boundaries.

30                                                                                     Medical Board Bulletin
Fortunato O. Sunio, M.D.     D5646      12-21-04   Sexually inappropriate behavior toward patients; termina-
                                                   tion from Terrell State Hospital.
Thomas Tung Tran, M.D.         J6043     5-24-05   Creating fraudulent medical records.
Michael B. Williams, M.D. Prmt. 100004600 5-9-05   Failure to comply with non-public rehabilitation order;
                                                   failure to cooperate with Board staff. !




                                            New name,
                                            new web site --
                                              Watch for the
                                              next issue

                                       Visit our web site
                                  www.tsbme.state.tx.us
                                         today!
     Along with a new name, we’ll have a new look after September 1. The
     web site will be redesigned incorporating our new name, Texas Medical
     Board. The site will continue to provide you with the latest information,
       registration, applications and everything else you need to know to
                      comply with state licensing regulations.




Spring 2005                                                                                              31
Notice of Address Change                                                                                              Licensees and Permit holders mail to:
                                                                                                                      Texas State Board of Medical Examiners
                                                                                                                      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 State Board of Medical Examiners
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
○    ○    ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○
                                                                                                          Cut on dotted line   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○    ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○   ○




                                                          Have You Changed Your Address?
                                                    The Board needs to be informed so that licensees
                                              receive renewal notices and other communications on time.
                                          Complete and return the form above any time you change your address.
                                            (Non-licensees may also report address changes with this form.)

                           Mission Statement                                                                         Compliance with publications depository program
           Our Board’s mission is to protect and enhance the                                                         Copies of this publication have been distributed in
         public’s health, safety and welfare by establishing and                                                       compliance with State Depository Law and are
         maintaining standards of excellence used in regulating                                                       available for public use through the Texas State
          the practice of medicine and ensuring quality health                                                        Publications Depository Program and other state
            care for the citizens of Texas through licensure,                                                                        depository libraries.
                        discipline and education.



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




32                                                                                                                                                                         Medical Board Bulletin

				
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