TEXAS (KYTX) - At its February 7-8, 2013
meeting, the Texas Medical Board disciplined 53 licensed physicians and issued
one cease and desist order. The disciplinary actions included one automatic
suspension, eight voluntary surrenders/revocations and nineteen orders related
to quality-of-care violations.
The Board issued 81
physician licenses at the February board meeting, bringing the total number of
physician licenses issued to date in FY 13 to 1,228. Thirty-two percent of
physician licensure applications were completed in 10 days or less.
RULE CHANGES
ADOPTED
General Provisions:
§161.3 establishes that board members may not appear at
disciplinary or licensure hearings on behalf of licensure applicants or
licensees and may not submit a written statement on behalf of a licensee or
applicant unless the member receives preapproval from the board's executive
committee.
Licensure:
§163.2 permits applicants who graduated from U.S. medical schools
that were not LCME-accredited at time of graduation to remain eligible for
licensure if board certified; and the amendment clarifies that residency
training will not be counted toward the three-year service requirement for
applicants who are not U.S. citizens or aliens lawfully admitted for permanent
residence, unless the residency training was in a medically underserved area or
health professional shortage area.
Probationer Show Compliance
Proceedings: §187.44 establishes a five calendar-day deadline for
probationer rebuttal material.
Office-Based
Anesthesia: Amendment to §192.1 revises the definitions of
analgesics, anesthesia, anesthesia services, anxiolytics, Level IV services, and
monitored anesthesia care; and adds definitions for hypnotics, peripheral nerve
block and tumescent anesthesia. Amendment to §192.2 revises the requirements for
Level I, II, and III services, for necessary emergency equipment, and reporting
to the board of intraoperative and postoperative deaths.
Pain Management
Clinics: Amendment to §195.2 provides that if an applicant for a
pain management clinic certificate is under investigation by the Board, then a
decision on the applicant's initial application will not be decided upon until
the investigation is closed.
DISCIPLINARY
ACTIONS
QUALITY OF CARE
Benavides, Richard Alex,
M.D., Lic. No. F9189, Dallas
On February 8, 2013, the
Board and Richard Alex Benavides, M.D., entered into an Agreed Order requiring
Dr. Benavides to complete within one year 24 hours of CME including 16 hours in
medical record-keeping and eight hours in risk management and pay an
administrative penalty of $1,000 within 60 days. The Board found Dr. Benavides
failed to meet the standard of care and was disciplined by his peers for failure
to maintain adequate and timely medical records.
Brooks, George Alfred,
M.D., Lic. No. G4862, Humble
On February 8, 2013, the
Board and George Alfred Brooks, M.D., entered into an Agreed Order publicly
reprimanding Dr. Brooks and requiring Dr. Brooks to cease treating chronic pain
patients, surrender his DEA and DPS controlled substance certificates, within
one year complete 24 hours of CME including eight hours in medical
record-keeping, eight hours in identifying drug-seeking behavior and eight hours
in risk management and pay an administrative penalty of $10,000 within 90 days.
The Board found Dr. Brooks failed to meet the standard of care and
non-therapeutically prescribed controlled substances to multiple
patients.
Butka, Gary N., M.D., Lic.
No. G6479, Brownwood
On February 8, 2013, the
Board and Gary N. Butka, M.D., entered into an Agreed Order requiring Dr. Butka
to have his practice monitored by another physician for four monitoring cycles,
pass within one year and within three attempts the Medical Jurisprudence Exam,
complete within one year 24 hours of in-person CME including eight hours in
pharmacology, eight hours in pain medication and eight hours in medical
record-keeping, and pay an administrative penalty of $2,000 within 180 days. The
Board found Dr. Butka failed to meet the standard of care, nontherapeutically
prescribed and failed to maintain adequate medical records.
Cordas, Stevane, D.O., Lic.
No. D5368, Hurst
On February 8, 2013, the
Board and Stevane Cordas, D.O., entered into a Mediated Agreed Order requiring
Dr. Cordas to within one year complete 38 hours of CME, including 15 hours in
physician examinations, 15 hours in breast cancer evaluation and treatment, and
eight hours in risk management, and pay an administrative penalty of $3,000
within 90 days. The Board found Dr. Cordas failed to practice medicine in an
acceptable, professional manner. The order resolves a formal complaint filed at
the State Office of Administrative Hearings.
Diaz, Ricardo, M.D., Lic.
No. J0474, Dallas
On February 8, 2013, the
Board and Ricardo Diaz, M.D., entered into an Agreed Order requiring Dr. Diaz to
within one year complete the Maintaining Proper Boundaries course offered by the
Center for Professional Health through Vanderbilt University Medical Center,
within one year and within three attempts pass the Medical Jurisprudence Exam
and within one year complete four hours of CME in medical record-keeping. The
Board found Dr. Diaz became personally involved with a patient in an
inappropriate manner, inappropriately prescribed dangerous drugs to someone with
whom he had a personal relationship and failed to maintain adequate medical
records.
Fraser, Michael Patrick,
D.O., Lic. No. H8051, Dallas
On February 8, 2013, the
Board and Michael Patrick Fraser, D.O., entered into an Agreed Order publicly
reprimanding Dr. Fraser and requiring Dr. Fraser to, within 90 days, submit to
the Board the name of a neurologist who can evaluate Dr. Fraser regarding his
hand tremors and potential impact on his ability to safely practice medicine. In
addition, Dr. Fraser must cease treating any chronic pain patients, surrender
his DEA and DPS controlled substance certificates, within one year and within
three attempts pass the Medical Jurisprudence Exam, have another physician
monitor his practice for 12 monitoring cycles, within one year complete the
medical record-keeping course offered by the University of California San Diego
Physician Assessment and Clinical Education (PACE) program, and within one year
complete eight hours of CME in identifying drug-seeking behavior. In addition,
Dr. Fraser must dictate all medical progress notes and other medical
documentation and pay an administrative penalty of $10,000 within six months.
The Board found Dr. Fraser, in the case of six patients, failed to maintain
adequate medical records regarding the treatment of chronic pain, failed to meet
the standard of care and non-therapeutically prescribed drugs.
Grant, Paul A., M.D., Lic.
No. E7608, Fort Worth
On February 8, 2013, the
Board and Paul A. Grant, M.D., entered into an Agreed Order requiring Dr. Grant
to have another physician monitor his practice for 12 monitoring cycles,
complete within one year 16 hours of CME including four hours in medical
records, four hours in drug interactions and eight hours in pain management. The
Board found Dr. Grant failed to meet the standard of care, failed to maintain
adequate medical records and failed to safeguard against potential
complications.
Hitt, David Michael, D.O.,
Lic. No. E7981, Grapevine
On February 8, 2013, the
Board and David Michael Hitt, D.O., entered into an Agreed Order requiring Dr.
Hitt to complete within one year 14 hours of CME including eight hours in
medical record-keeping and six hours in risk management and pay an
administrative penalty of $2,000 within 90 days. The Board found Dr. Hitt failed
to meet the standard of care in his treatment of one patient and failed to
maintain adequate medical records.
Hussian, Mohammed, M.D.,
Lic. No. K4920, Houston
On February 8, 2013, the
Board and Mohammed Hussian, M.D., entered into an Agreed Order requiring Dr.
Hussian to have another physician monitor his practice for eight monitoring
cycles, complete within two years eight hours of CME in medical record-keeping,
eight hours in risk management, eight hours in treatment of psychiatric
disorders and 16 hours in pain management. In addition, Dr. Hussain must pay an
administrative penalty of $2,000 within 60 days. The Board found Dr. Hussian
failed to use proper diligence in his practice and violated Board rules
regarding medical records and pain management guidelines.
Landry, Robert Kieth, Jr.,
M.D., Lic. No. L8405, Cleveland
On February 8, 2013, the
Board and Robert Kieth Landry, Jr., M.D., entered into an Agreed Order requiring
Dr. Landry to complete within one year five hours of in-person CME in
recognition and treatment of sepsis, five hours of in-person CME in critical
care and five hours of CME in risk management. The Board found Dr. Landry failed
to meet the standard of care in his treatment of one patient.
Nutis, Mario, M.D., Lic.
No. L5854, El Paso
On February 8, 2013, the
Board and Mario Nutis, M.D., entered into an Agreed Order requiring Dr. Nutis to
have another physician monitor his practice for eight monitoring cycles,
complete within one year the medical record-keeping course offered by the
University of California San Diego Physician Assessment and Clinical Education
(PACE) program, complete within one year 16 hours of CME including management
and treatment of high-risk obstetric patients and eight hours in risk
management. The Board found Dr. Nutis behaved in an abusive manner towards a
patient, failed to meet the standard of care and failed to maintain adequate
medical records.
Olusola, Benedict Oladipo,
M.D., Lic. No. J7118, Desoto
On February 8, 2013, the
Board and Benedict Oladipo Olusola, M.D., entered into an Agreed Order requiring
Dr. Olusola to complete within six months the clinical competence assessment,
including Phase I and Phase II, offered by the University of California San
Diego Physician Assessment and Clinical Education (PACE) program and complete
any recommended retraining and remedial measures. In addition, Dr. Olusola must
remove any reference to board certification in cosmetic surgery and wound care
from his web site; complete within one year eight hours of CME in risk
management and ethics; and pay an administrative penalty of $3,000 within 90
days. The Board found Dr. Olusola failed to release medical records in a timely
manner; failed to practice medicine in an acceptable, professional manner;
failed to meet the standard of care and used false or misleading
advertising.
Osborne, John Andrew, M.D.,
Lic. No. K4180, Grapevine
On February 8, 2013, the
Board and John Andrew Osborne, M.D., entered into an Agreed Order requiring Dr.
Osborne to have another physician monitor his practice for eight monitoring
cycles and pay an administrative penalty of $3,000 within six months. The Board
found Dr. Osborne failed to meet the standard of care, engaged in unprofessional
conduct and failed to adequately supervise those acting under his
supervision.
Patel, Pinakin R., M.D.,
Lic. No. J2727, Houston
On February 8, 2013, the
Board and Pinakin R. Patel, M.D., entered into an Agreed Order requiring Dr.
Patel to pass within one year and within three attempts the Medical
Jurisprudence Exam, have another physician monitor his practice for eight
monitoring cycles, complete within one year the medical record-keeping course
offered by the University of California San Diego Physician Assessment and
Clinical Education (PACE) program, complete within one year eight hours of CME
in identifying drug-seeking behavior and pay an administrative penalty of
$12,000 within six months. The Board found Dr. Patel failed to meet the standard
of care, non-therapeutically prescribed hydrocodone-based cough syrup to a
female patient over a prolonged period of time, continued to prescribe despite
signs the patient was addicted, non-therapeutically prescribed the same
formulations to the patient's mother and two sons and failed to maintain
adequate medical records.
Phillips, Greggory
K., M.D., Lic. No. H6511, Roanoke
On February 8, 2013, the
Board and Greggory K. Phillips, M.D., entered into an Agreed Order permanently
restricting Dr. Phillips to administrative medicine and prohibiting him from any
practice of medicine that involves direct or indirect patient contact. The Board
found Dr. Phillips failed to use diligence in his professional practice, engaged
in non-therapeutic prescribing and is unable to safely practice medicine due to
a physical condition. This order supersedes all existing actions taken by the
Board against Dr. Phillips.
Powell, Bethany Elise,
M.D., Lic. No. L3073, Galveston
On February 8, 2013, the
Board and Bethany Elise Powell, M.D., entered into an Agreed Order requiring Dr.
Powell to provide a copy of this order to her treating psychotherapist within 30
days, maintain a quarterly logbook of all prescriptions for Schedule II and III
controlled substances for one year, have her practice monitored by another
physician for four monitoring cycles, pass within one year and within three
attempts the Medical Jurisprudence Exam, complete within one year 16 hours of
CME including eight hours in risk management and eight hours in ethics and pay
an administrative penalty of $3,000 within 90 days. The Board found Dr. Powell
failed to meet the standard of care and inappropriately prescribed dangerous
drugs or controlled substances to a male patient to whom she was married at the
time and who was a known abuser of drugs.
Rousch, Daniel Eric, D.O.,
Lic. No. J4488, Bedford
On February 8, 2013, the
Board and Daniel Eric Rousch, D.O., entered into an Agreed Order requiring Dr.
Rousch to have his practice monitored by another physician for 12 monitoring
cycles, complete within one year 44 hours of CME including 24 hours in pediatric
bipolar disorder, eight hours in medical record-keeping and 12 hours in
monitoring for adverse effects of drug interactions, and pay an administrative
penalty of $3,000 within 90 days. The Board found Dr. Rousch failed to meet the
standard of care and non-therapeutically prescribed psychotropic medications to
two minor patients.
Surapaneni, Veena, M.D.,
Lic. No. K6938, Cedar Park
On February 8, 2013, the
Board and Veena Surapaneni, M.D., entered into an Agreed Order requiring Dr.
Surapaneni to have another physician monitor her practice for eight monitoring
cycles, complete within one year 32 hours of CME including eight hours in
treating ADHD in adults, eight hours in risk management and eight hours in
treating psychiatric disorders and pay an administrative penalty of $3,000
within 90 days. The Board Found Dr. Surapaneni failed to meet the standard of
care and wrote prescriptions for a known abuser of dangerous drugs.
Villacres, David F., M.D.,
Lic. No. H7099, Kingwood
On February 8, 2013, the
Board and David F. Villacres, M.D., entered into an Agreed Order requiring Dr.
Villacres to refrain from serving as a physician for his immediate family, and
refrain from prescribing controlled substances to himself or his immediate
family. In addition, Dr. Villacres must pass within one year and within three
attempts the Medical Jurisprudence Exam, complete within one year 16 hours of
CME including eight hours in medical record-keeping and eight hours in ethics
and pay an administrative penalty of $3,000 within 60 days. The Board found Dr.
Villacres violated Board guidelines for the treatment of chronic pain, failed to
use diligence in his professional practice, and non-therapeutically prescribed
controlled substances and failed to maintain adequate medical records in his
treatment of himself and family members.
SUSPENSION
Smith, Michael Dean, M.D.,
Lic. No. F4545, South Padre Island
On January 25, 2013, a
disciplinary panel of the Texas Medical Board entered an Automatic Suspension
Order regarding Michael Dean Smith, M.D., requiring Dr. Smith to immediately
cease practicing as a physician in Texas. The Board found Dr. Smith violated his
2008 Order as modified in 2010 when he was observed by multiple persons
consuming alcohol in public after relapsing into opiate dependency. Dr. Smith
remains suspended until he requests in writing to have the suspension stayed or
lifted, and personally appears before the Board and provides evidence and
information that proves, at the discretion of the Board, that he is in
compliance with all terms and conditions of his 2008 Order, as subsequently
modified.
OTHER STATES'
ACTION
Dunnington, David Arthur,
M.D., Lic. No. F1518, Arlington WA
On February 8, 2013, the
Board and David Arthur Dunnington, M.D., entered into an Agreed Order requiring
Dr. Dunnington to comply with the terms and conditions imposed by the State of
Washington Department of Health Medical Quality Assurance Commission. The Board
found Dr. Dunnington was disciplined in Washington for non-therapeutic
prescribing of pain medications to two patients.
Eniola, Razaak Alabi, M.D.,
Lic. No. K4416, Berlin MD
On February 8, 2013, the
Board and Razaak Alabi Eniola, M.D., entered into an Agreed Order publicly
reprimanding Dr. Eniola. The Board found Dr. Eniola was the subject of
disciplinary action by the Virginia Board of Medicine for failure to adequately
evaluate and diagnose a patient.
Konasiewicz, Stefan J.,
M.D., Lic. No. K2517, El Paso
On February 8, 2013, the
Board and Stefan J. Konasiewicz, M.D., entered into an Agreed Order requiring
Dr. Konasiewicz to complete within one year 16 hours of CME including eight
hours in medical record-keeping and eight hours, to be attended in person, in
the subject of risk management. The Board found Dr. Konasiewicz was disciplined
by the Minnesota Board of Medical Practice, and failed to safeguard against
potential complications, but that he met the standard of care in his treatment
of two of the patients in question.
Morrison, David Gay, M.D.,
Lic. No. H9468, New Orleans LA
On February 8, 2013, the
Board and David Gay Morrison, M.D., entered into an Agreed Order requiring Dr.
Morrison to cease practicing medicine in Texas until he provides clear and
convincing evidence and information that he is competent to safely practice
medicine, including proof that he has satisfied the terms and conditions of the
Alabama Remediation Program and has been re-licensed to practice medicine in
Alabama. The Board found Dr. Morrison was disciplined by the Alabama State Board
of Medical Examiners.
Reyes, Robert Raymond,
M.D., Lic. No. H8955, McAllen
On February 8, 2013, the
Board and Robert Raymond Reyes, M.D., entered into an Agreed Order requiring Dr.
Reyes to complete within one year eight hours of CME in ethics and complete
within one year and within three attempts the Medical Jurisprudence Exam. The
Board found Dr. Reyes failed to notify the Board of a disciplinary action taken
against him by the Colorado Medical Board.
Samuels, Todd Louis, M.D.,
Lic. No. TM00330, Leesburg VA
On February 8, 2013, the
Board and Todd Louis Samuels, M.D., entered into an Agreed Order requiring Dr.
Samuels to complete within one year eight hours of CME in medical record-keeping
and pay an administrative penalty of $500 within 60 days. The Board found Dr.
Samuels failed to meet the standard of care, failed to use diligence in his
medical practice and was disciplined by another state.
Siddiqui, Abdul Sami Fawad,
Lic. No. N4748, Las Vegas NV
On February 8, 2013, the
Board and Abdul Sami Fawad Siddiqui, M.D., entered into an Agreed Order publicly
reprimanding Dr. Siddiqui and requiring Dr. Siddiqui to complete within one year
six hours of CME in medical record-keeping. The Board found Dr. Siddiqui was
disciplined by the Nevada State Board of Medical Examiners.
Walker, Bradley Steven,
M.D., Lic. No. J3648, Garden Grove CA
On February 8, 2013, the
Board and Bradley Steven Walker, M.D., entered into an Agreed Order requiring
Dr. Walker to pass within one year and within three attempts the Medical
Jurisprudence Exam, complete within one year eight hours of CME in ethics and
pay an administrative penalty of $500 within 60 days. The Board found Dr. Walker
was disciplined by medical boards in Idaho, California, Nevada and New
York.
VOLUNTARY
SURRENDER/REVOCATION
Cherian, Francis, M.D.,
Lic. No. F8052, Houston
On February 8, 2013,the
Board and Francis Cherian, M.D., entered into an Agreed Order of Voluntary
Surrender in which Dr. Cherian voluntarily surrendered his Texas medical license
and agreed not to petition the Board for reinstatement for two years, in lieu of
further disciplinary proceedings. Dr. Cherian was under investigation by the
Board related to his prescribing practices. In addition, Dr. Cherian admits he
is impaired by a mental or physical condition that renders him unable to
practice medicine at this time.
Graham, Akili, M.D., Lic.
No. K7161, Houston
On February 8, 2013, the
Board and Akili Graham, M.D., entered into an Agreed Order of Voluntary
Revocation, revoking Dr. Graham's license and requiring him to immediately cease
practicing medicine. The Board found Dr. Graham failed to meet the standard of
care.
Melcher, Stephen Francis,
M.D., Lic. No. J0120, Sacramento CA
On February 8, 2013, the
Board and Stephen Francis Melcher, M.D., entered into an Agreed Order of
Voluntary Surrender in which Dr. Melcher agreed to surrender his license and
cease practicing in Texas in lieu of further disciplinary proceedings. The Board
found Dr. Melcher was convicted in a California court for commission of a lewd
and lascivious act on an 11-year-old child.
Ogin, Gary Arthur, M.D.,
Lic. No. G9176, Southlake
On February 8, 2013, the
Board and Gary Arthur Ogin, M.D., entered into an Agreed Order of Voluntary
Surrender in which Dr. Ogin agreed to voluntarily and permanently surrender his
medical license and cease practicing medicine in Texas. The Board found Dr. Ogin
non-therapeutically prescribed medications, including controlled substances, to
19 patients.
Perry, Thomas Clement,
M.D., Lic. No. K6233, Sour Lake
On February 8, 2013, the
Board and Thomas Clement Perry, M.D., entered into an Agreed Order of Voluntary
Revocation in which Dr. Perry's license was revoked and Dr. Perry was ordered to
immediately cease practice in Texas. The Board found Perry is unable to practice
medicine because of a medical condition.
Roman, Ernest, M.D., Lic.
No. H6938, Spring
On February 8, 2013, the
Board and Ernest Roman, M.D., entered into an Agreed Order of Voluntary
Surrender in which Dr. Roman voluntarily and permanently surrendered his Texas
medical license. Dr. Roman must immediately cease practice in Texas. Dr. Roman
was under investigation by the Board for alleged improper operation of a pain
management clinic. This order resolves any and all complaints currently before
the Board.
Scroggins, Timothy Allen,
M.D., J4506, Spencer OH
On February 8, 2013, the
Board and Timothy Allen Scroggins, M.D., entered into an Agreed Order of
Voluntary Surrender in which Dr. Scroggins agreed to voluntarily and permanently
surrender his Texas medical license in lieu of further disciplinary proceedings.
Dr. Scroggins asked to surrender his medical license due to disciplinary actions
in another state.
Smith, Charles Thomas,
M.D., Lic. No. F0679, Corpus Christi
On February 8, 2013, the
Board and Charles Thomas Smith, M.D., entered into an Agreed Voluntary Surrender
Order in which Dr. Smith voluntarily and permanently surrendered his Texas
medical license. The Board found Dr. Smith is not currently practicing medicine
due to physical impairment.
UNPROFESSIONAL
CONDUCT
Cwikla, Mark Joseph, M.D.,
Lic. No. F3878, Dallas
On February 8, 2013, the
Board and Mark Joseph Cwikla, M.D., entered into an Agreed Order requiring Dr.
Cwikla to within one year complete the anger management course offered by the
University of California San Diego Physician Assessment and Clinical Education
(PACE) program, within one year and within three attempts pass the Medical
Jurisprudence Exam, and pay an administrative penalty of $3,000 within 60 days.
The Board found Dr. Cwikla engaged in disruptive behavior and was disciplined by
peers.
Rodriguez-Salinas,
Filiberto, M.D., Lic. No. G4201, McAllen
On February 8, 2013, the
Board and Filiberto Rodriguez-Salinas, M.D., entered into an Agreed Order
requiring Dr. Rodriguez-Salinas, M.D., to complete within one year four hours of
CME in interpersonal communication and pay an administrative penalty of $500
within 60 days. The Board found Dr. Rodriguez-Salinas behaved in a disruptive
manner toward a nurse.
VIOLATION OF PRIOR
ORDER
Do, Phu M., M.D., Lic. No.
L2224, Houston
On February 8, 2013, the
Board and Phu M. Do, M.D., entered into an Agreed Order Modifying Dr. Do's 2011
Agreed Order, requiring Dr. Do to complete within 18 months at least eight hours
of CME in risk management and eight hours in identifying and treating surgical
complications, and pay an administrative penalty of $5750 within 16 months. All
other terms and conditions of the 2011 order remain in force. The Board found
Dr. Do failed to comply with his 2011 order.
McBath, J. Mark, M.D., Lic.
No. G8265, Houston
On February 8, 2013, the
Board and J. Mark McBath, M.D., entered into an Agreed Order requiring Dr.
McBath to pass within one year and within three attempts the Medical
Jurisprudence Exam or face immediate suspension. In addition, McBath must
complete within one year eight hours of CME in ethics and pay an administrative
penalty of $3,000 within 60 days. The Board found Dr. McBath failed to complete
CME required by a previous board order.
Roberts, Dennis Donald,
M.D., Lic. No. M6362, Woodville
On February 8, 2013, the
Board and Dennis Donald Roberts, M.D., entered into an Agreed Order publicly
reprimanding Dr. Roberts and requiring Dr. Roberts to undergo an independent
medical evaluation by a psychiatrist, follow all recommendations by the
psychiatrist for care and treatment, and appear before the board to address
issues related to Dr. Roberts' compliance with this order. In addition, Dr.
Roberts' 2008 order, as modified in 2010, remains in full force and is not
superseded by this order. The Board found Dr. Roberts tested positive for a
prohibited substance.
Weaver, Harry T., Jr.,
M.D., Lic. No. H4784, Levelland
On February 8, 2013, the
Board and Harry T. Weaver, Jr., M.D., entered into an Agreed Order requiring Dr.
Weaver to complete within six months five hours of CME including three hours in
risk management and two hours in ethics. The Board found Dr. Weaver failed to
complete CME in anger management required by his 2011 order. This order
supersedes Dr. Weaver's 2011 Order.
IMPAIRMENT
Moran, Cynthia Hartmann,
M.D., Lic. No. H3251, Houston
On February 8, 2013, the
Board and Cynthia Hartmann Moran, M.D., entered into an Agreed Order lifting Dr.
Moran's July 2012 Temporary Suspension and requiring Dr. Moran to limit her
practice to an approved, group or institutional setting; pass within one year
and within three attempts the Medical Jurisprudence Exam; submit to an
evaluation by the Physician Health Program within 30 days; complete within one
year 24 hours of CME including eight hours in medical record-keeping, eight
hours in physician-patient boundaries and eight hours in risk management. The
Board found Dr. Moran engaged in unprofessional conduct, used drugs in an
intemperate manner and inappropriately prescribed to herself.
PEER REVIEW
ACTION
Gross, Robert Hadley, M.D.,
Lic. No. G5125, San Angelo
On February 8, 2013, the
Board and Robert Hadley Gross, M.D., entered into a Mediated Agreed Order
requiring Dr. Gross to within 90 days have his practice evaluated by the Texas
Medical Association's Practice Counseling Services with a specific emphasis on
billing and coding, risk management and operational assessment; and within one
year complete 18 hours of CME including 10 hours in risk management, four hours
in medical coding and four hours in medical billing. The Board found Dr. Gross
failed to adequately supervise the activities of those acting under his
supervision, was subject to disciplinary action by peers and failed to maintain
adequate medical records. This order resolves a formal complaint filed at the
State Office of Administrative Hearings.
Hamid, Bassam Ahmad, M.D.,
Lic. No. J8261, Baytown
On February 8, 2013, the
Board and Bassam Ahmad Hamid, M.D., entered into a Mediated Agreed Order
requiring Dr. Hamid to complete within one year the TMB Remedial Coaching
Program at the U.T. Dallas School of Management. The Board found Dr. Hamid
engaged in disruptive behavior and had his hospital privileges revoked. The
order resolves a formal complaint filed at the State Office of Administrative
Hearings.
TEXAS ELECTRONIC DEATH
REGISTRY VIOLATIONS
Attar, Mohammed, M.D., Lic.
No. E5344, Houston
On February 8, 2013, the
Board and Mohammed Attar, M.D., entered into an Agreed Order requiring Dr. Attar
to complete within one year four hours of CME in ethics and/or risk management
and pay an administrative penalty of $1,000 within 60 days. The Board found Dr.
Attar failed to utilize the Texas Electronic Death Registry to file the death
certificate of one patient and failed to respond to Board requests for
information.
McFarland, Michael Alan,
M.D., Lic. No. G8271, Jourdanton
On February 8, 2013, the
Board and Michael Alan McFarland, M.D., entered into an Agreed Order requiring
Dr. McFarland to complete within one year eight hours of CME in risk management
and pay an administrative penalty of $500 within 60 days. The Board found Dr.
McFarland failed to timely certify a death certificate using the Texas
Electronic Death Registry.
NONTHERAPEUTIC
PRESCRIBING
Kopecky, Charles Rayner,
M.D., Lic. No. H0532, Houston
On February 8, 2013, the
Board and Charles Rayner Kopecky, M.D., entered into an Agreed Order publicly
reprimanding Dr. Kopecky and requiring Dr. Kopecky to cease serving as a
physician to his immediate family, pass within one year and within three
attempts the Medical Jurisprudence Exam, complete 16 hours of CME including
eight hours in risk management and eight hours in ethics and pay an
administrative penalty of $3,000 within 180 days. The Board found Dr. Kopecky
non-therapeutically prescribed to a family member and did not maintain an
adequate medical record.
Murchison, Ira Odell, D.O.,
Lic. No. F9861, Dallas
On February 8, 2013, the
Board and Ira Odell Murchison, D.O., entered into an Agreed Order publicly
reprimanding Dr. Murchison and requiring Dr. Murchison to refrain from treating
immediate family with controlled substances or dangerous drugs with addictive
potential, pass within one year and within three attempts the Medical
Jurisprudence Exam, complete within one year 24 hours of CME including 16 hours
in ethics and eight hours in medical record-keeping. The Board found Dr.
Murchison inappropriately prescribed, engaged in unprofessional conduct and
failed to maintain adequate medical records.
INADEQUATE
SUPERVISION
Tanhui, Eduardo Sy, M.D.,
Lic. No. K4263, Nacogdoches
On February 8, 2013, the
Board and Eduardo Sy Tanhui, M.D., entered into a Agreed Order requiring Dr.
Tanhui to pass within one year and within three attempts the Medical
Jurisprudence Exam, complete within one year 28 hours of CME including 12 hours
in supervision and delegation, eight hours in risk management and eight hours in
ethics, and pay an administrative penalty of $3,000 within 90 days. The Board
found Dr. Tanhui presigned prescription forms for controlled substances, failed
to supervise adequately those acting under his supervision and delegated
professional medical responsibility to an unqualified person.
CRIMINAL
BEHAVIOR
Molina, Julio Cesar, M.D.,
Lic. No. H5010, Richmond
On February 8, 2013, the
Board and Julio Cesar Molina, M.D., entered into an Agreed Order requiring Dr.
Molina to submit to an evaluation by the Physician Health Program within 30
days, pass within one year and within three attempts the Medical Jurisprudence
Exam, complete within one year eight hours of CME in ethics and pay an
administrative penalty of $5,000 within 60 days. The Board found Dr. Molina
failed to report to the Board his arrest and conviction in 2008 for DWI and his
arrest for assault and public intoxication in 2011.
INADEQUATE MEDICAL
RECORDS
Chuong, Tony Tuan, M.D.,
Lic. No. K3136, Arlington
On February 8, 2013, the
Board and Tony Tuan Chuong, M.D., entered into an Agreed Order requiring Dr.
Chuong to complete within one year 15 hours of CME including 10 hours in
treatment of hepatitis and five hours in risk management, pay an administrative
penalty of $1,500 within 90 days and within 60 days correct his medical record
documentation to include a section for "lab, x-ray and other." The Board found
Dr. Chuong failed to maintain an adequate medical record or use diligence in his
treatment of one patient.
Locke, James Perry, M.D.,
Lic. No. K4489, Houston
On February 8, 2013, the
Board and James Perry Locke, M.D., entered into an Agreed Order requiring Dr.
Locke to complete within one year 18 hours of CME including 10 hours in
geriatric medicine and eight hours in medical record-keeping. The Board found
Dr. Locke failed to use diligence and failed to maintain medical records. This
order resolves a formal complaint at the State Office of Administrative
Hearings.
CEASE AND DESIST
Santillan, Claudia, No
License, Grand Prairie
On February 8, 2013, the
Board and Claudia Santillan entered into an Agreed Cease and Desist Order
prohibiting Ms. Santillan from acting as or holding herself out to be a licensed
physician in Texas. The Board found Ms. Santillan examined an adult female and
indicated that the individual had a urinary tract infection or a tumor. The
individual was in fact pregnant.