Local doctors among dozens disciplined in Texas
AUSTIN - From Texas Medical Board -
Medical Board Disciplines 187 Doctors and Issues 88 Licenses
Isern, Rueben, M.D., Lic. No. E8585, Winnie TX
On August 27, 2010, the Board entered a Default Order against Rueben Isern, M.D., which revoked his medical license. This follows a February 3, 2010, filing by the Board of a complaint with the State Office of Administrative Hearings (SOAH) in case no. 503-10-2534, which alleged that Dr. Isern violated his 2009 Agreed Order by failing to comply with its terms and conditions, failing to communicate with Board staff, and failing to maintain current contact information with the Board. When Dr. Isern was duly and timely-noticed of an Informal Settlement Conference hearing on September 24, 2009, to address these issues, he failed to respond or appear. Likewise, after being duly-noticed at his address of record, Dr. Isern further failed to file any answer to the SOAH complaint within the allowed time, and subsequently, on March 11, 2010, a Determination of Default was issued by the Board. Again, Dr. Isern was duly-noticed and failed to respond within 20 days, after which the Board's allegations were deemed admitted, and Dr. Isern's license was revoked by Default Order.
Morbia, Pradip J., M.D., Lic. No. H6898, Port Arthur TX
On August, 27, 2010, the Board and Pradip J. Morbia, M.D., entered into an Agreed Order requiring Dr. Morbia to complete within one year the professional boundaries course offered by the University of California San Diego Physician Assessment and Clinical Education program, or an equivalent course approved in advance. The Order was based upon Dr. Morbia's unprofessional conduct in his completion of a cardio-pulmonary examination for a female patient.
King, James Dawson, M.D, Lic. No. E7141, Beaumont TX
On August 27, 2010, the Board and James Dawson King, M.D., entered into an Agreed Voluntary Surrender Order in which the Board accepted Dr. King's voluntary and permanent surrender of his medical license in lieu of further Board proceedings related to his inability to safely practice medicine due to an illness.
Since its June 3-4 board meeting, the Texas Medical Board has taken disciplinary action against 187 licensed physicians.
The actions included 33 violations based on quality of care; eight actions based on unprofessional conduct; 11 actions based on inadequate medical records violations; 14 voluntary surrenders; five revocations/suspensions; one action based on peer review actions; one based on failure to properly supervise or delegate; four actions based on violation of probation or prior order; one action based on a criminal conviction; six actions against physician assistants; one rules violation order; one informed consent violation; one impairment due to alcohol, drugs or a medical condition order; one cease and desist order; four orders based on other state's actions; three terminations of suspension; and 25 corrective orders. The board issued 74 orders for minor statutory violations.
At its Aug. 25-27 meeting, the board also issued 88 physician licenses.
RULE CHANGES ADOPTED
The board adopted the following rule changes that were previously published as proposed in the Texas Register. They will be published in their final form in the Texas Register in September:
Chapter 161. General Provisions: Amendment to §161.5, Meetings. Provides that adoption of committee minutes are to be approved by the full board rather than by the individual committees.
Chapter 163. Licensure: §163.6 Examinations Accepted for Licensure. Amendment clarifies that if an applicant takes multiple types of licensure examinations, attempts at comparable sections shall be combined to determine eligibility for licensure. Language is currently under a different subsection, and the language is being moved to be clearer on its application.
Chapter 165. Medical Records: Amendment to§165.1 Medical Recordsprovides that physicians, who receive medical records from other practitioners in relation to the treatment of a specific patient, must only keep those records that are salient to the patient's treatment.
Chapter 172, Temporary and Limited Licenses: Subchapter C. Limited Licenses. Amendment to §172.2, Construction and Definitions, adds definitions for controlled substances and dangerous drugs. . Amendment to §172.3, Distinguished Professors Temporary License, clarifies that applicants for a distinguished professor temporary license must complete all provisions of an application for a full license and updates the name of the American Osteopathic Association Commission on Osteopathic College Accreditation. Amendment to §172.5, Visiting Physician Temporary Permit (VPTP), creates a category for visiting physician temporary permits for those who are enrolled in the Texas A&M KSTAR program. § 172.12, Out-of-State Telemedicine License. Renames Special-Purpose Telemedicine licenses to Out-of-State Telemedicine licenses and limits their scope to the interpretation of diagnostic testing and reporting results to a physician fully licensed and located in Texas or for the follow-up of patients where the majority of patient care was rendered in another state. Amendment to §172.16, Provisional Licenses for Medically Underserved Areas, amends language to be consistent with Texas Occupations Code §155.101. New §172.17, Limited License for Practice of Administrative Medicine, establishes the criteria for obtaining a limited license for the practice of administrative medicine. The creation of this type of license permits applicants to practice administrative medicine under this license, rather than applying for full licensure and having their practice limited to administrative medicine under a disciplinary order even though the applicants only issue is not actively practicing clinical medicine in one of the two years prior to the date of application for licensure.
Chapter 174, Telemedicine: § 174.1, Purpose. Adds statutory authority for the chapter and exempts out-of-state telemedicine license holders, federally qualified health centers, and health insurance help-lines from the chapter. §174.2, concerning Definitions, defines distant site provider, established medical site, face-to-face visit, patient site location, patient site presenter; amends the definitions for physician-patient e-mail, telemedicine medical services; and deletes the definition for telepresenter. The amendment will establish uniform definitions for those who practice telemedicine in Texas. § 174.3, Telemedicine Medical Services. Deletes reference to the Telecommunications Infrastructure Fund Board (TIFB). § 174.4, Use of the Internet in Medical Practice. Repeal of section and moves it to Chapter 164 as a new Section 164.6. § 174.5, Notice of Privacy Practices. Provides that physicians who communicate electronically with patients and provide telemedicine medical services, must provide notice to patients of privacy practices, limitations of telemedicine, when in-person evaluations are necessary, and how to file complaints with the Board. § 174.6, Delegation to and Supervision of Telepresenters. Repeals Section 174.6 and add new language for rules relating to Telemedicine Medical Services Provided at an Established Medical Site.
New §174.7, concerning Telemedicine Medical Services Provided at Sites other than an Established Medical Site, establishes under what conditions a distant site provider may provide telemedicine medical services at sites other than an established medical site, such as a patient's home. The new section will establish standards for the use of telemedicine medical services at non-medical sites. The proposed rules will accommodate the developing trends in health care delivery not authorized under existing rules as well as changes in the Health and Human Services Commission's (HHSC) rules for Medicaid telemedicine reimbursement. Also the proposed changes expand the current rules to authorize a majority of the types of telemedicine that are currently being practiced in Texas in both rural and urban areas.
New § 174.8, Evaluation and Treatment of the Patient. Establishes standards for physicians who use telemedicine medical services for the evaluation and treatment of patients. New §174.9, concerning Technology and Security Requirements, establishes requirements relating to technology and security regarding the provision of telemedicine medical services and physician-patient communications through e-mail. The proposed rule establishes standards for the provision of telemedicine medical services at established medical sites. New § 174.10, Medical Records for Telemedicine Medical Services. Establishes the requirements for the maintenance of medical records for telemedicine medical services and what documents are considered part of the medical records.
New §174.11, concerning On-call Services, establishes that physicians in the same specialty who provide reciprocal services may provide on-call telemedicine medical services for each other's patients. The proposed rule allows for the use of telemedicine medical services through on-call services when a patient's distant site provider is not available. New § 174.12, State Licensure, Provides that persons who treat and prescribe through advanced communications technology are engaged in the practice of medicine and must have appropriate licensure unless otherwise exempt.
Chapter 177. Certification Of Non-Profit Health Organizations: §177.13, Complaint Procedure Notification, updates the name of the Texas Medical Board as used in this chapter.
Chapter 179. Investigations: §179.4, Requests for Information and Records from Physicians, clarifies that this section applies in all respects to licensure applicants.
Chapter 180. Texas Physician Health Program and Rehabilitation Orders: §§180.2 - 180.4 The amendment to §180.2, concerning Definitions, adds that the Texas Physician Health and Rehabilitation Committee shall also be referred to as the TXPHP Advisory Committee. The amendment to §180.3, concerning Texas Physician Health Program (PHP), amends language to be consistent with the proposed amendments to §180.2. The amendment to §180.4, concerning Operation of Program, provides that the drug vendor used by the PHP must be approved by the Texas Medical Board, and establishes standards for processing referrals, requiring evaluations, settings terms for agreements with participants, and facilitating interventions.
Chapter 185, Physician Assistants: The amendment to §185.4, relating to Procedural Rules for Licensure Applicants, deletes inaccurate language and provides clarifying language that the rule applies to determinations on active practice. The amendment to §185.7, relating to Temporary License, provides that the PA Board may revoke a temporary license when necessary. The amendment to §185.16, relating to Employment Guidelines, deletes language based on recent statutory changes, and clarifies that a physician may supervise more than five physician assistants if granted a waiver by the Texas Medical Board. The amendment to §185.22, relating to Impaired Physician Assistants, establishes requirements for probable cause hearings relating to physical or mental impairment examinations, and applies Chapter 180 to physician assistants in relation to rehabilitation orders and the Texas Physician Health Program. New §185.27, relating to Duty to Report Certain Conduct to the Board, sets out requirements for physician assistants to report certain events to the PA Board within 30 days of their occurrence.
Chapter 187, Procedural Rules: §§187.27, 187.81 The amendment to §187.27, concerning Written Answers in SOAH Proceedings and Default Orders, corrects an incorrect citation. The amendment to §187.81, concerning Reports on Imposition of Administrative Penalty, requires that disciplinary orders that impose administrative penalties related to the delivery of health care services must be reported to the National Practitioner Data Bank.
Chapter 190. Disciplinary Guidelines, Subchapter B: Amendment to §190.8, Violation Guidelines, provides that (1) a physician-patient relationship is not necessary when a physician prescribes medications to a patient's family members if the patient has an illness determined to be pandemic; and (2) unprofessional conduct includes contacting a member of a peer review body for purposes of intimidation in relation to a board investigation.
Chapter 193. Standing Delegation Orders: Amendment to §193.6,Delegation of the Carrying Out or Signing of Prescription Drug Orders to Physician Assistants and Advanced Practice Nurses, clarifies that certified registered nurse anesthetists (CRNAs) who only sign or carry out prescription drug orders are not required to register with the Board.
PROPOSED RULE CHANGES
The following proposed rule changes will be published in the Texas Register in September for public comment at the Board's October 29, 2010 meeting:
Chapter 164, Physician Advertising: Amends §164.4, Board Certification, to clarify that physicians may advertise that they are board certified if they hold certification by the American Board of Medical Specialties (ABMS), the American Osteopathic Association Bureau of Osteopathic Specialties (BOS), or the American Board of Oral and Maxillofacial Surgery; physicians who are not board certified by those above mentioned entities may advertise that they are board certified if they apply with the Medical Board and demonstrate that they hold certification from a board that the Medical Board has determined has substantially similar requirements to that of the ABMS or BOS including completion of postgraduate training accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and that training included substantial and identifiable supervised training of comprehensive scope in the specialty or subspecialty certified; and that physicians who are currently certified and that certification was granted prior to 9-1-10 and the certifying board was approved by the Medical Board for advertising purposes prior to 9-1-10 may state that they are board certified.
Chapter 172, Temporary and Limited Licenses: Amends §172.5, Visiting Physician Temporary Permit (VPTP), to provide the board greater discretion in determining eligibility for a permit to participate in the Texas A&M KSTAR program
Chapter 175. Fees And Penalties: Amends §175.1 Application Fees,to eliminate application fees for regular temporary licenses and distinguished professor temporary licenses and adds the fee amount for a regular temporary license to the application fee for full licensure, provisional licenses, telemedicine licenses, reissuance of licenses following revocation, and administrative license.
Chapter 185, Physician Assistants: The amendment to §185.4, relating to Procedural Rules for Licensure Applicants, deletes inaccurate language and provides clarifying language that the rule applies to determinations on active practice. The amendment to §185.7, relating to Temporary License, provides that the PA Board may revoke a temporary license when necessary. The amendment to §185.16, relating to Employment Guidelines, deletes language based on recent statutory changes, and clarifies that a physician may supervise more than five physician assistants if granted a waiver by the Texas Medical Board. The amendment to §185.22, relating to Impaired Physician Assistants, establishes requirements for probable cause hearings relating to physical or mental impairment examinations, and applies Chapter 180 to physician assistants in relation to rehabilitation orders and the Texas Physician Health Program. New §185.27, relating to Duty to Report Certain Conduct to the Board, sets out requirements for physician assistants to report certain events to the PA Board within 30 days of their occurrence, including changes of address, certain felony and misdemeanor convictions, and certain violations of federal and state drug laws.
DISCIPLINARY ACTIONS
Open records requests for orders may be made to openrecords@tmb.state.tx.us. Media contact: Leigh Hopper at (512) 305-7018 or leigh.hopper@tmb.state.tx.us. Orders are posted on the TMB web site at
QUALITY OF CARE
Andrus, Carol Herbert, M.D., Lic. No. K0057, Roundup MT
On August 27, 2010, the Board and Carol Herbert Andrus, M.D., entered into a five-year Mediated Agreed Order publicly reprimanding Dr. Andrus and requiring Dr. Andrus to limit her medical practice to a group or institutional setting approved in advance by the Executive Director of the Board; refrain from the practice of pain management of chronic pain for seven years; refrain from prescribing or refilling controlled substances except as medically necessary to treat an acute medical condition or to treat patients in a long-term skilled nursing facility; have her practice monitored by a physician for 12 consecutive monitoring cycles; within one year complete 10 hours of CME in pharmacology of psychoactive medications. The Order was based on action taken by Dr. Andrus's peers, who suspended her from the staff of Kimble Hospital in San Angelo; as well as Dr. Andrus's failure to practice medicine in an acceptable manner consistent with public health and welfare; failure to use professional diligence; prescribing dangerous drugs to a known abuser of narcotic drugs; and nontherapeutic prescribing.
Bekker, Alex, M.D., Lic. No. K3986, Dallas TX
On August, 27, 2010, the Board and Alex Bekker, M.D., entered into an Agreed Order requiring Dr. Bekker to complete within one year 15 hours of CME in general emergency room care and 15 hours in trauma care. The Order was based upon Dr. Bekker's failure to meet the standard of care and exercise professional diligence when he did not adequately examine or diagnose injuries to the spleen and kidney in a patient who ultimately required emergency surgery.
Bernstein, Basil, M.D., Lic. No. F3043, Fort Worth TX
On August 27, 2010, the Board and Basil Bernstein, M.D., entered into an Agreed Order requiring Dr. Bernstein to complete within one year 24 hours of CME including eight hours in the treatment of mood disorders, eight in the treatment of substance abusers and eight in medical record-keeping; and pay an administrative penalty of $2,000 within 60 days. The Order was based upon Dr. Bernstein's failure to meet the standard of care and nontherapeutic prescribing for a patient with depression and substance abuse issues.
Boland, Howard L., M.D., Lic. No. G3166, Dickinson TX
On August, 27, 2010, the Board and Howard L. Boland, M.D., entered into an Agreed Order requiring Dr. Boland to have his practice monitored by a physician for two years; complete within one year the pain management course offered by the University of California San Diego Physician Assessment and Clinical Education program; and complete within one year 10 hours of CME in medical record-keeping. The Order was based upon Dr. Boland's failure to practice medicine in an acceptable, professional manner; failure to safeguard against potential complications; and failure to disclose reasonable alternative treatments for a patient with chronic pain.
Clark, Kristi Gayle, M.D, Lic. No. 2190, San Antonio TX
On August 27, 2010, the Board and Kristi Gayle Clark, M.D., entered into an Agreed Order that requires Dr. Clark to complete within one year 10 hours of CME in risk management. The Order was based upon Dr. Clark's failure to practice medicine in an acceptable, professional manner when she did not follow up on a patient's CT scan that showed a potential problem. The patient was not referred to an oncologist until a year later, at which time the patient was diagnosed with lung cancer.
Comeaux, Tamyra Y., M.D., Lic. No. L0096, Houston TX
On August, 27, 2010, the Board and Tamyra Y. Comeaux, M.D., entered into an Agreed Order requiring Dr. Comeaux to complete within one year 20 hours of CME with 10 hours in medical record-keeping and 10 hours in risk management; pass within one year the Medical Jurisprudence Exam within three attempts; and pay an administrative penalty of $1,000 within 60 days. The Order was based upon Dr. Comeaux's failure to maintain adequate medical records; failure to practice medicine in an acceptable, professional manner; and failure to supervise adequately those acting under her supervision when Dr. Comeaux failed to contact a patient and notify her of an abnormal Pap test.
Dewitt, Robert David, M.D., Lic. No. H1950, Alvin TX
On August 27, 2010, the Board and Robert David Dewitt, M.D., entered into an Agreed order that requires Dr. Dewitt to complete within one year 10 hours of CME in medical record-keeping and 10 hours in risk management. The Order was based upon Dr. Dewitt's failure to use proper diligence in his professional practice and failure to maintain adequate medical records for one patient.
Fraser, Michael Patrick, D.O., Lic. No. H8051, Dallas TX
On August, 27, 2010, the Board and Michael Patrick Fraser, D.O., entered into an Agreed Order requiring Dr. Fraser to complete within one year 30 hours of CME including 15 in the treatment and management of psychiatric disorders, 10 in medical record-keeping and five in risk management; and pay an administrative penalty of $1,500 within 60 days. The Order was based upon Dr. Fraser's inadequate medical records, failure to meet the standard of care and nontherapeutic prescribing when he prescribed narcotic pain medication in an amount that far exceeded a patient's needs.
Gelman, Lawrence Richard, M.D., Lic. No. G6511, Edinburg TX
On August 27, 2010, the Board and Lawrence Richard Gelman, M.D., entered into an Agreed Order requiring Dr. Gelman to complete within one year 20 hours of CME including 10 hours, in-person, in the topic of pre-operative evaluations in anesthesiology, five hours in risk management and five hours in medical record-keeping. The Order was based upon Dr. Gelman's failure to maintain adequate medical records or practice medicine in an acceptable, professional manner in his evaluation of one patient.
Hankinson, Barbara Sue, M.D., Lic. No. J6664, Denton TX
On August 27, 2010, the Board and Barbara Sue Hankinson, M.D., entered into an Agreed Order publicly reprimanding Dr. Hankinson and requiring Dr. Hankinson to take within one year and pass within three attempts the Special Purpose Examination as promulgated by the Federation of State Medical Boards; complete within one year 40 hours of CME including 10 hours in the diagnosis and treatment of diabetes, 10 hours in pain management, 10 hours in medical record-keeping and 10 hours in the diagnosis and treatment of thyroid disorders. The Order was based upon Dr. Hankinson's failure to meet the standard of care, inappropriate prescription of dangerous drugs or controlled substances to family members, improper billing and nontherapeutic prescribing.
Harris, Laurie Greenslade, D.O., Lic. No. G9115, Crandall TX
On August 27, 2010, the Board and Laurie Greenslade Harris, D.O., entered into a five-year Agreed Order publicly reprimanding Dr. Harris and restricting her from treating any chronic pain complaints or supervising or delegating prescriptive authority to any physician extenders. In addition, Dr. Harris is required to have a physician monitor her practice; surrender her DEA and DPS certificates for prescribing controlled substances; complete within one year eight hours of CME in ethics and eight hours in medical record-keeping; pass within one year and within three attempts the Special Purpose Examination as promulgated by the Federation of State Medical Boards and the Medical Jurisprudence Examination given by the Texas Medical Board; complete at least 40 hours of CME in pain management before reapplying for her DEA and DPS registrations; and pay an administrative penalty of $14,000 within six months. The Order was based upon Dr. Harris's inadequate medical records regarding treatment of chronic pain; failure to meet the standard of care; submitting an improper billing statement; nontherapeutic prescribing; and dispensing dangerous drugs in a manner inconsistent with public health and welfare.
Inman, William Buford, M.D., Lic. No. G8191, Austin TX
On August 27, 2010, the Board and William Buford Inman, M.D., entered into an Agreed Order requiring Dr. Inman to complete 16 hours of CME including eight hours in medical record-keeping, four hours in physician-patient communication and four hours in the treatment of geriatric patients. The Order was based upon Dr. Inman's inadequate medical records and his failure to obtain informed consent before performing tests, treatments or procedures for one patient in an assisted living facility.
Key, James David, Sr., M.D., Lic. No. E3339, Brownsville TX
On August, 27, 2010, the Board and James David Key, Sr., M.D., entered into an Agreed Order requiring Dr. Key to contact within 30 days the Texas A&M Health Science Center Rural and Community Health Institute (K-STAR) for the purposed of scheduling an assessment of Dr. Key's practice of medicine and determining whether he should undergo an education plan. In addition, the Order requires Dr. Key to pass within one year the Medical Jurisprudence Exam within three attempts and pay an administrative penalty of $1,000 within 90 days. The Order was based upon Dr. Key's failure to use proper diligence in his professional practice when he did not appropriately diagnose and treat a patient's post-operative complications in a timely manner.
Klott, Carlo Lee, M.D., Lic. No. H1294, Bastrop TX
On August 27, 2010, the Board and Carlo Lee Klott, M.D., entered into an Agreed Order requiring Dr. Klott to complete within one year 36 hours of CME including 20 hours in the subject of disruptive physicians, eight hours in the subject of treating obstetrical emergencies and eight hours in the use and reading of sonograms. The Order was based upon Dr. Klott's failure to meet the standard of care in his treatment of a patient with pregnancy complications and his unprofessional and disruptive behavior toward hospital staff.
Malone, Mark Thomas, M.D., Lic. No. G3580, Round Rock TX
On August, 27, 2010, the Board and Mark Thomas Malone, M.D., entered into an Agreed Order requiring Dr. Malone to complete within one year eight hours of CME in medical record-keeping; pay an administrative penalty of $500 within 60 days; and submit to the Board within 45 days a corrective action plan addressing the appropriate manner in which to incorporate Dr. Malone's direct participation in patient care with physician extenders as well as detail proper documentation of Dr. Malone's treatment decisions. The Order was based upon Dr. Malone's failure to practice medicine in an acceptable, professional manner in his treatment of a pain patient.
Mann, Cheri Lyn, D.O., Lic. No. L1656, Allen TX
On August 27, 2010, the Board and Cheri Lyn Mann, D.O., entered into an Agreed Order requiring Dr. Mann to pass within one year the Medical Jurisprudence Examination within three attempts; complete within one year the professional boundaries course offered by the University of California San Diego Physician Assessment and Clinical Education program; complete within one year 10 hours of CME in medical record-keeping and five in risk management; and pay an administrative penalty of $2,500 within 90 days. The Order was based upon Dr. Mann's inappropriate prescription of controlled substances to someone with whom she had a close personal relationship, without creating an adequate medical record and in the absence of immediate need.
McCrory, Beau Lawson, M.D., Lic. No. K7823, Abilene TX
On August 27, 2010, the Board and Beau Lawson McCrory, M.D., entered into an Agreed Order publicly reprimanding Dr. McCrory and requiring Dr. McCrory to complete within one year 32 hours of CME including eight hours in treating pain, eight hours in treating anxiety, eight hours in treating sleep disorders and eight hours in risk management; and pay an administrative penalty of $3,000 within 90 days. The Order was based upon Dr. McCrory's treatment of six patients in the context of a retainer practice and his failure to document a chronic pain treatment plan and failure to discuss with a patient the risks and benefits of using a controlled substance to treat chronic pain; failure to meet the standard of care; nontherapeutic prescribing; and becoming financially or personally involved with a patient in an inappropriate manner.
Mullane, Geraldine Frances, M.D., Lic. No. L3759, Brownsville TX
On August 27, 2010, the Board and Geraldine Frances Mullane, M.D., entered into an Agreed Order requiring Dr. Mullane to complete within one year 16 hours of CME including eight hours in diagnosing and treating neurologic emergencies and eight hours in medical record-keeping. The Board found that Dr. Mullane failed to meet the standard of care and safeguard against potential complications in her treatment of a patient with vision loss and headache.
Myers, Darryn Lancaster, M.D., Lic. No. L9381, Dallas TX
On August 27, 2010 the Board and Darryn Lancaster Myers, M.D., entered into an Agreed Order requiring Dr. Myers to complete within one year 24 hours of CME including eight hours in medical record-keeping, eight hours in risk management and eight hours in the subject of dealing with difficult patients; and pay an administrative penalty of $1,500 within 60 days. The Order was based upon Dr. Myers' failure to use proper diligence in his professional practice in his treatment of a patient with a hand injury.
Patrick, Joseph J., M.D., Lic. No. G7864, Houston TX
On August 27, 2010, the Board and Joseph J. Patrick, M.D., entered into an Agreed Order publicly reprimanding Dr. Patrick and placing him under the following permanent and non-modifiable terms and conditions: Dr. Patrick will restrict his practice to the hospital emergency room or group practice only, and any group practice must be one that does not practice pain management; Dr. Patrick will not prescribe any Schedule II drug for any purpose, except in the ER setting, or prescribe any controlled substance, dangerous drug or pain medicine in greater quantity than needed for a period of 72 hours. In addition, Dr. Patrick shall not prescribe approval of refills of controlled substances, dangerous drugs or pain medicines for any patient, including patients he has seen in the ER. The Order was based upon Dr. Patrick's use of prohibited pre-signed prescriptions for controlled substances, non-therapeutic prescribing, failure to supervise adequately those acting under his supervision and failure to practice medicine in an acceptable, professional manner.
Philbrick, Darey Allen, M.D., Lic. No. J6662, Brownwood TX
On August, 27, 2010, the Board and Darey Allen Philbrick, M.D., entered into an Agreed Order requiring Dr. Philbrick to have his practice monitored by another physician for two years; complete within one year 10 hours of CME in the management of difficult orthopedic procedures, five hours in medical record-keeping and five hours in risk management. The Order was based upon Dr. Philbrick's negligence in performing medical services; failure to meet the standard of care; and failure to keep adequate medical records for surgery on a patient's shoulder, resulting in complications.
Pinkerton, Jody L., M.D., Lic. No. J7791, Houston TX
On August 27, 2010, the Board and Jody L. Pinkerton, M.D., entered into an Agreed Order requiring Dr. Pinkerton to complete within one year 24 hours of CME including eight hours in gynecological malignancies, eight hours in reproductive endocrinology and eight hours in risk management; and pay an administrative penalty of $2,000 within 60 days. The Order was based upon Dr. Pinkerton's failure to meet the standard of care for one patient and failure to supervise those acting under her supervision.
Qureshi, Parvez A., M.D., Lic. No. K5384, Houston TX
On August 27, 2010, the Board and Parvez A. Qureshi, M.D., entered into an Agreed Order requiring Dr. Qureshi to complete within one year 16 hours of CME including eight hours in geriatric nephrology and eight hours in patient communications; file with within 60 days a written protocol establishing procedures to ensure proper communication between Dr. Qureshi and facilities where he provides medical services as well as patients and patients' caretakers. The Order was based upon Dr. Qureshi's failure to meet the standard of care in his treatment of one patient.
Rappe, Brian D., D.O., Lic. No. J4981, San Angelo TX
On August 27, 2010, the Board and Brian D. Rappe, D.O., entered into an Agreed Order requiring Dr. Rappe to take and pass within three attempts the Special Purpose Examination as promulgated by the Federation of State Medical Boards within one year; take and pass within one year a Pediatric Advanced Trauma Life Support course (ATLS) and obtain ATLAS certification within one year; complete within one year a board certification review course for family medicine sponsored by the American Academy of Family Physicians; and within one year complete eight hours of CME in medical record-keeping. The Order was based upon Dr. Rappe's failure to meet the standard of care in his treatment of two pediatric patients.
Reeves, William John, Jr., M.D., Lic. No. D6523, Houston TX
On August 27, 2010, the Board and William John Reeves, Jr., M.D., entered into a Mediated Agreed Order subjecting Dr. Reeves to the following terms and conditions for three years: pass the Medical Jurisprudence Exam given by the Texas Medical Board within one year or face immediate suspension of his license; surrender his controlled substance certificates; and refrain from supervising or delegating prescriptive authority to physician extenders. The Order was based upon Dr. Reeves' failure to follow Board guidelines for the treatment of pain, failure to meet the standard of care, prescribing narcotics to a known abuser of drugs, nontherapeutic prescribing and prescribing in a manner inconsistent with public health and welfare.
Reyes, Jose, M.D., Lic. No. H6540, San Antonio TX
On August, 27, 2010, the Board and Jose Reyes, M.D., entered into an Agreed Order indefinitely restricting Dr. Reyes from performing or interpreting echocardiograms. In addition, Dr. Reyes must complete within one year eight hours of CME in physician-patient communication. The Order was based upon Dr. Reyes's failure to treat a patient according to the standard of care, nontherapeutic prescribing and unprofessional conduct when he misdiagnosed the condition of a patient's heart, leading to unnecessary medical follow-up.
Rolon, Juan Carlos, M.D., Lic. No. E7254, El Paso TX
On August 27, 2010, the Board and Juan Carlos Rolon, M.D., entered into an Agreed Order requiring Dr. Rolon to have another physician monitor his practice for eight chart monitoring cycles; complete within one year 16 hours of CME including eight hours in the subject of obstetric and gynecological emergencies and eight hours in medical record-keeping; and pay an administrative penalty of $5,000 within 60 days. The basis for the Board's action was Dr. Rolon's failure to meet the standard of care and maintain a complete, contemporaneous and legible medical record.
Rowley, Raymond Douglas, M.D., Lic. No. K7602, Sweetwater TX
On August 27, 2010, the Board and Raymond Douglas Rowley, M.D., entered into an Agreed Order requiring Dr. Rowley to take within one year and pass within three attempts the Medical Jurisprudence Exam given by the Texas Medical Board; complete 40 hours of CME including 10 hours in high-risk obstetrics; 10 hours in obstetrical and gynecological emergencies, 10 hours in medical record-keeping, five hours in physician-patient communication and five hours in ethics; and pay an administrative penalty of $5,000 within 60 days. The Order was based upon Dr. Rowley's temporary suspension of hospital privileges; unprofessional conduct; behaving in an abusive or assaultive manner to a patient; inadequate medical records; and failure to meet the standard of care.
Siddiqui, Nihal U., M.D., Lic. No. K2592, The Woodlands TX
On August, 27, 2010, the Board and Nihal U. Siddiqui, M.D., entered into an Agreed Order requiring Dr. Siddiqui to have another physician monitor his practice for two years; complete within one year 10 hours of CME in medical record-keeping; and complete within one year the pain management course offered by the University of California San Diego Physician Assessment and Clinical Education program. The Order was based upon Dr. Siddiqui's failure to maintain adequate medical records and failure to meet the standard of care with respect to his treatment provided to two patients.
Stevens, James Edward, D.O., Lic. No. E8937, Dallas TX
On August 27, 2010, the Board and James Edward Stevens, D.O., entered into an Agreed Order requiring Dr. Stevens to complete within one year 24 hours of CME including eight hours in immunology, eight hours in endocrinology and eight hours in medical record-keeping; and pay an administrative penalty of $3,000 within 60 days. The Order was based upon Dr. Stevens' failure to practice medicine in an acceptable, professional manner consistent with public health and welfare, nontherapeutic prescribing of dangerous drugs for a patient with fibromyalgia and chronic fatigue syndrome.
Wengroff, Sean Daryl, M.D., Lic. No. L4167, Galveston TX
On August 27, 2010, the Board and Sean Daryl Wengroff, M.D., entered into an Agreed Order publicly reprimanding Dr. Wengroff and requiring Dr. Wengroff to have his practice monitored by another physician for eight monitoring cycles; take within one year and pass within three attempts the Medical Jurisprudence Examination; 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 five hours of CME in ethics; and pay an administrative penalty of $10,500 in four payments as stipulated by the Board. The Order was based on Dr. Wengroff's inadequate medical records; noncompliance with Board guidelines for the treatment of chronic pain; prescribing dangerous drugs or controlled substances without first establishing a proper professional relationship with the patient; and failure to adequately supervise physician extenders.
Wilkerson, Robert G., Jr., M.D., Lic. No. D4359, Houston TX
On August 27, 2010, the Board and Robert G. Wilkerson, Jr., M.D., entered into a Mediated Agreed Order publicly reprimanding Dr. Wilkerson and requiring Dr. Wilkerson to have another physician monitor his practice for three years; complete within one year 20 hours of CME including 10 hours in risk management and 10 hours in ethics; and pay an administrative penalty of $7,500 within 90 days. In addition, Dr. Wilkerson may not supervise a physician assistant, advanced practice nurse or surgical assistant for three years. The Order was based upon Dr. Wilkerson's failure to maintain adequate medical records, failure to follow Board guidelines for the treatment of pain, failure to treat patients according to the generally accepted standard of care, his prescription of dangerous drugs or controlled substances without first establishing a proper professional relationship with the patient and failure to supervise adequately those acting under his supervision.
Wilson, Ronald Thomas, M.D., Lic. No. F6173, Denton TX
On August 27, 2010, the Board and Ronald Thomas Wilson, M.D., entered into an Agreed Order requiring Dr. Wilson to complete within one year 15 hours of CME including 10 hours in Lyme disease (coursework must be sponsored by the Infectious Disease Society of America) and five hours in ethics; and pay an administrative penalty of $2,000 within 60 days. The Order was based upon Dr. Wilson's failure to meet the standard of care in the diagnosis and treatment of Lyme disease for one patient; nontherapeutic prescribing to the Patient; and his unprofessional conduct of receiving a percentage of profits for a vitamin supplement that he recommended the Patient purchase during her treatment.
SUSPENSION/REVOCATION
Elder, Christopher L., M.D., Lic. No. L6872, Houston TX
On August 23, 2010, the Texas Medical Board automatically suspended the medical license of Christopher L. Elder, M.D. after he was convicted for of nine felony violations of the federal Controlled Substances Act by the United States District Court for the Western District of Missouri. These convictions gave rise to violations of the Texas Medical Practice Act. Because the criminal conduct violated statutory provisions the Medical Practice Act and other statutes connected to the practice of medicine, Dr. Elder was found to have engaged in unprofessional and dishonorable conduct likely to deceive, defraud, or injure the public.
Cavender, Lundy Eldridge, Jr., M.D., Lic. No. H7711, Burleson TX
On August 27, 2010, the Board and Lundy Eldridge Cavender, Jr., M.D., entered into an Agreed Order that suspends his license for a minimum of six months and requires Dr. Cavender to undergo an independent medical evaluation by a board-certified psychiatrist approved by the Board, and comply with recommended treatment and participate in the activities of the Tarrant County Physician Health and Rehabilitation Committee. The Order was based upon Dr. Cavender's inability to practice medicine with reasonable skill as a result of a mental or physical condition and behaving in a disruptive manner toward medical personnel or others that interferes with medical care.
Isern, Rueben, M.D., Lic. No. E8585, Winnie TX
On August 27, 2010, the Board entered a Default Order against Rueben Isern, M.D., which revoked his medical license. This follows a February 3, 2010, filing by the Board of a complaint with the State Office of Administrative Hearings (SOAH) in case no. 503-10-2534, which alleged that Dr. Isern violated his 2009 Agreed Order by failing to comply with its terms and conditions, failing to communicate with Board staff, and failing to maintain current contact information with the Board. When Dr. Isern was duly and timely-noticed of an Informal Settlement Conference hearing on September 24, 2009, to address these issues, he failed to respond or appear. Likewise, after being duly-noticed at his address of record, Dr. Isern further failed to file any answer to the SOAH complaint within the allowed time, and subsequently, on March 11, 2010, a Determination of Default was issued by the Board. Again, Dr. Isern was duly-noticed and failed to respond within 20 days, after which the Board's allegations were deemed admitted, and Dr. Isern's license was revoked by Default Order.
Mohamed, Shaffin Ali, M.D., Lic. No. J7589, Houston, TX
On August 27, 2010, the Board entered a Default Order against Shaffin Ali Mohamed, M.D., which revoked his medical license. This follows a November 3, 2009, filing by the Board of a complaint with the State Office of Administrative Hearings (SOAH) in case no. 503-10-1139, which alleged that Dr. Mohamed failed to comply with a subpoena for medical records, requested for investigation of standard of care issues. When Dr. Mohamed was duly and timely-noticed of an Informal Settlement Conference hearing on February 27, 2009, to address this issue, he failed to respond or appear. Likewise, after being duly-noticed at his address of record, Dr. Mohamed further failed to file any answer to the SOAH Complaint within the allowed time, and subsequently, on May 26, 2010, a Determination of Default was issued by the Board. Again, Dr. Mohamed was duly-noticed and failed to respond within 20 days, after which the Board's allegations were deemed admitted, and Dr. Mohamed's license was revoked by Default Order.
Shiller, Alan Dale, M.D., Lic. No. H8398, Palestine TX
On August 27, 2010, the Board and Alan Dale Shiller, M.D., entered into an Agreed Order of Suspension, suspending Dr. Shiller's license for nine months and thereafter until he requests in writing to have the suspension stayed or lifted and personally appears before the Board and provides convincing information that he is physically, mentally and otherwise competent to practice medicine. In addition, Dr. Shiller must undergo an independent medical examination by an approved forensic psychiatrist; participate in the Board's drug screening program; attend 90 Alcoholics Anonymous meetings in 90 days; and abstain from prohibited substances including alcohol in any form, dangerous drugs and controlled substances. The Order was based on Dr. Shiller's inability to practice medicine with reasonable skill and safety to patients; failure to meet the standard of care; and dishonorable conduct that is likely to injure the public.
TERMINATION OF SUSPENSION
Guerrero, Teresa Trumble, M.D., Lic. No. H8471, The Woodlands, TX
On August 27, 2010, the Board entered a Termination of Suspension Granted and Entry of Agreed Order with regard to Teresa Trumble Guerrero, M.D.'s 2008 Agreed Order of Suspension which suspended Dr. Guerrero's license following violations of a four-year 2007 Order that had been imposed for substance abuse. The 2008 Order required that Dr. Guerrero show evidence that she could competently return to the safe practice of medicine, and it also required she abstain from prohibited substances and submit to random alcohol and drug screens, see a psychiatrist, and attend Alcoholics Anonymous (AA). The Board found that Dr. Guerrero has over two year's sobriety, has complied with all requirements of the 2008 Order, and has a new employment opportunity. Accordingly, the Board terminated her 2008 suspension and entered a new 10-year Order that requires: a psychiatric evaluation and continuing treatment as needed; abstinence from prohibited substances; alcohol and drug screening; continuation in AA; restriction from re-registering for DEA/DPS prescribing authorizations; and restriction to an institutional or group practice setting.
Silva, Sergio, M.D., Lic. No. J8773, Austin TX
On August 27, 2010, the Board entered a Termination of Suspension Granted and Entry of Agreed Order with regard to Sergio Silva, M.D.'s 2007 Agreed Order of Suspension, issued due to substance abuse, which suspended his medical license until such time as he could provide clear and convincing evidence that he could resume safe practice. The 2007 Order resulted from substance abuse, and it followed an earlier temporary suspension. The 2007 Order also required that Dr. Silva obtain a 96-hour psychiatric evaluation and that he could not petition for the suspension to be terminated until at least May 2008. The Board found that Dr. Silva has almost three years of sobriety, and has fully complied with the 2007 Order terms. Accordingly, the Board terminated his 2007 suspension and entered a new 10-year Order that requires: abstinence from prohibited substances; alcohol and drug screening; continuation in Alcoholic Anonymous; ongoing psychiatric oversight; a practice restricted to adult patients in a group or institutional setting; and restrictions on his prescribing and delegation authority.
Stoeckel, Mark David, M.D., Lic. No. L3845, Round Rock TX
On August 27, 2010, the Board entered a Termination of Suspension Granted and Entry of Agreed Order with regard to Mark David Stoeckel, M.D.'s 2008 Agreed Order of Suspension that was entered due to a substance abuse relapse while under a 10-year 2007 Confidential Non-Public/Non-Disciplinary Agreed Rehabilitation Order based on substance abuse. The 2008 Order suspended Dr. Stoeckel's license until such time as he could provide clear and convincing evidence to the Board that he could safely resume the practice of medicine. The Board found that Dr. Stoeckel has demonstrated two years of sobriety, has a strong commitment to recovery, and has been voluntarily enrolled in an alcohol and drug screening program. Accordingly, the Board terminated his 2008 suspension and entered a new 10-year Order that requires: abstinence from prohibited substances; attendance at Alcoholics Anonymous and Caduceus; ongoing psychiatric oversight; restriction to a group or institutional practice settings; and restrictions on his prescribing and delegation authority.
IMPAIRMENT DUE TO ALCOHOL, DRUGS OR MEDICAL CONDITION
Fairweather, Lisa Diane Alloju, D.O., Lic. No. L6256, Fort Worth TX
On August 27, 2010, the Board and Lisa Diane Alloju Fairweather, D. O., entered into a Mediated Agreed Order that publicly reprimands Dr. Fairweather and extends her 2003 Order from seven years to 10 years; restricts her from prescribing most Schedule II, III and IV drugs; significantly changes the provisions of previous Board orders requiring drug testing, continuing psychiatric treatment and AA participation; requires Dr. Fairweather to pay an administrative penalty of $5,000 within three years; limits her from practicing medicine more than 35 hours per week; and requires that she have a physician monitor her practice. A violation based on drug and alcohol screening may result in immediate revocation of Dr. Fairweather's license. The Order was based upon Dr. Fairweather's use of alcohol or drugs in an intemperate manner and her failure to comply with her 2003 Order.
INFORMED CONSENT VIOLATION
Rea, William James, M.D., Lic. No. D2294, Dallas TX
On August 27, 2010, the Board and William James Rea, M.D., entered into a Mediated Agreed Order requiring Dr. Rea to present a revised informed consent form to patients undergoing injections for chemical/environmental sensitivity that states that the injections contain only the "electromagnetic imprint" of the agents in question, the therapy is "not FDA approved," and the therapeutic value of the therapy is disputed. In addition, Dr. Rea shall not start using any formulations that contain any amounts of substances classified as hazardous or carcinogenic by the EPA. The Order was based upon Dr. Rea's failure to obtain informed consent from five patients diagnosed with chemical sensitivity and/or environmental sensitivity before performing tests, treatments or procedures.
UNPROFESSIONAL OR DISHONORABLE CONDUCT
Cox, Bruce Edward, M.D., Lic. No. E4272, Big Spring TX
On August 27, 2010, the Board and Bruce Edward Cox, M.D., entered into a Mediated Agreed Order requiring Dr. Cox to undergo an evaluation by a board-certified psychiatrist and follow all recommendations for continued care and treatment, which will be monitored by the Board; and complete within one year 10 hours of CME in anger management and 10 hours in risk management. The Order was based upon Dr. Cox's sexually inappropriate behavior and comments directed toward a patient and his behaving in an abusive or assaultive manner towards patients and a patient family member.
Heydemann, Jacob Samuel, M.D., Lic. No. F4077, El Paso TX
On August 27, 2010, the Board and Jacob Samuel Heydemann, M.D., entered into an Agreed Order requiring Dr. Heydemann to complete within one year 12 hours of CME in anger management. The Order was based upon Dr. Heydemann's disruptive behavior toward hospital personnel during a procedure.
Mayo, Carlos O., M.D., Lic. No. K3329, Houston TX
On August, 27, 2010, the Board and Carlos O. Mayo, M.D., entered into an Agreed Order that publicly reprimands Dr. Mayo, suspends his license, stays the suspension and places him on probation. In addition, the Order requires that Dr. Mayo's practice be monitored by another physician for a period of eight monitoring cycles; that within one year Dr. Mayo pass the Special Purpose Examination as promulgated by the Federation of State Medical Boards and pass the Medical Jurisprudence Exam given by the Texas Medical Board within three attempts; that within one year Dr. Mayo complete 48 hours of CME including 16 hours in ethics, 16 hours in medical record-keeping and 16 hours in coding and billing; and pay an administrative penalty of $50,000 within 90 days. The Order was based upon Dr. Mayo's aiding and abetting the practice of medicine by persons not licensed to practice medicine; improper billing practices; dishonorable conduct; knowingly presenting or causing to be presented a Medicaid claim for a service rendered by a person not licensed to provide the service; and failing to adequately supervise those acting under his supervision.
McBath, J. Mark, MD., Lic. No. G8265, Houston TX
On June 30, the Board and J. Mark McBath, MD, entered into an Agreed Order requiring Dr. McBath to complete within one year four hours of CME in medical record-keeping and four hours in risk management; and pay an administrative penalty of $2,000 within 60 days. The action was based on Dr. McBath's failure to maintain adequate medical records, unprofessional or dishonorable conduct and his providing false information to the board regarding a patient who developed complications after laparoscopic surgery and subsequently died.
Morbia, Pradip J., M.D., Lic. No. H6898, Port Arthur TX
On August, 27, 2010, the Board and Pradip J. Morbia, M.D., entered into an Agreed Order requiring Dr. Morbia to complete within one year the professional boundaries course offered by the University of California San Diego Physician Assessment and Clinical Education program, or an equivalent course approved in advance. The Order was based upon Dr. Morbia's unprofessional conduct in his completion of a cardio-pulmonary examination for a female patient.
Roman, Ernest T., M.D., Lic. No. H6038, Cleveland TX
On August, 27, 2010, the Board and Ernest T. Roman, M.D., entered into an Agreed Order publicly reprimanding Dr. Roman and requiring him to pass within one year the Medical Jurisprudence Exam within three attempts; complete within one year 10 hours of CME including five hours in risk management and five hours in ethics; and pay an administrative penalty of $2,000 within 90 days. The Order was based upon Dr. Roman's associating in the practice of medicine with a physician whose license was revoked.
Russo, John Edward, M.D., Lic. No. G7713, Farmers Branch TX
On August 27, 2010, the Board and John Edward Russo, M.D., entered into a five-year Mediated Agreed Order that requires Dr. Russo to provide the Board with a copy of his monthly controlled substances prescribing and activity report from the Department of Public Safety; maintain a logbook of all prescriptions written by Dr. Russo or his physician extenders; not serve as physician for his immediate family or prescribe controlled substances to family members; abstain from the consumption of prohibited substances including alcohol, dangerous drugs or any agent that may cause a positive drug or alcohol test; participate in the Board's drug testing program; within one year pass the Medical Jurisprudence Examination within three attempts; and have a physician monitor his practice. The Order was based on Dr. Russo's inappropriate diversion of a family member's prescribed dangerous drugs or controlled substances to himself, disciplinary action taken by his peers, unprofessional conduct, and failure to keep complete and accurate records of purchases and disposals of controlled substances.
Scarborough, Kyle Lee, M.D., Lic. No. H8380, Conroe TX
On August 27, 2010, the Board and Kyle Lee Scarborough, M.D., entered into an Agreed Order requiring Dr. Scarborough to take within one year and pass within three attempts the Medical Jurisprudence Examination given by the Texas Medical Board; complete 20 hours of CME including 15 hours in physician-patient boundaries, and five hours in ethics; and pay an administrative penalty of $3,000 within 90 days. The Order was based upon Dr. Scarborough's inappropriate prescription of dangerous drugs and unprofessional conduct when he became personally involved with a patient in an inappropriate manner.
INADEQUATE MEDICAL RECORDS
Anderson, James Mark, M.D., Lic. No. H4128, Irving TX
On August 27, 2010, the Board and James Mark Anderson, M.D., entered into an Agreed Order requiring Dr. Anderson to complete within one year eight hours of CME in medical record-keeping; and pay an administrative penalty of $1,000 within 90 days. The Order was based upon Dr. Anderson's inadequate medical records for one patient.
Avila, Fernando T., M.D., Lic. No. G2899, San Antonio TX
On August, 27, 2010, the Board and Fernando T. Avila, M.D., entered into a two-year Agreed Order that requires Dr. Avila to have a physician monitor his practice. The Order was based upon Dr. Avila's failure to maintain adequate medical records.
Bernstein, Howard Robert, M.D., Lic. No. E9536, Houston TX
On August 27, 2010, the Board and Howard Robert Bernstein, M.D., entered into a Mediated Agreed Order requiring that Dr. Bernstein complete 20 hours of CME in risk management and medical record-keeping within one year; and pay an administrative penalty of $1,000 within 60 days. The Order was based upon Dr. Bernstein's failure to maintain adequate medical records for two patients.
Browne, Lewis Austin, M.D., Lic. No. F6485, Longview TX
On August, 27, 2010, the Board and Lewis Austin Browne, M.D., entered into an Agreed Order requiring Dr. Browne to complete within one year eight hours of CME in medical record-keeping. The Order was based upon Dr. Browne's inadequate record-keeping in the case of a patient with deep vein thrombosis.
Currie, William Alexander, M.D., Lic. No. G7189, Katy TX
On August 27, 2010, the Board and William Alexander Currie, M.D., entered into an Agreed Order requiring Dr. Currie to complete within one year the medical record-keeping course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program, or an equivalent course approved in advance; and pay an administrative penalty of $2,000 within 60 days. The Order was based upon Dr. Currie's failure to maintain adequate medical records and failure to use proper diligence in his medical practice, resulting in one patient's delayed referral to a colorectal surgeon.
Guevara, Jorge R., M.D., Lic. No. J9070, Brownsville TX
On August 27, 2010, the Board and Jorge R. Guevara, M.D., entered into an Agreed Order requiring Dr. Guevara to complete within one year eight hours of CME in medical record-keeping and four hours in HIPPA-related issues. The Order was based upon Dr. Guevara's inadequate medical records for one patient.
Gray, Andy John, M.D., Lic. No. H3061, Lubbock TX
On August 27, 2010, the Board and Andy John Gray, M.D., entered into an Agreed Order requiring Dr. Gray to complete within one year 19 hours of CME including eight hours in medical record-keeping, eight hours in the subject of dealing with difficult patients, and three hours in the subject of evaluating and treating diabetes and metabolic syndrome; and pay an administrative penalty of $1,500 within 60 days. The basis for action was Dr. Gray's failure to maintain adequate medical records for a patient.
Imtiaz, Farhina Khan, M.D., Lic. No. L0293, Houston TX
On August 27, 2010, the Board and Farhina Khan Imtiaz, M.D., entered into an Agreed Order that requires Dr. Imtiaz to complete within one year eight hours of CME in medical record-keeping. The basis for the Order was Dr. Imtiaz' failure to keep adequate medical records for one patient.
Kikuchi, Kerry L., M.D., Lic. No. L8766, Seabrook TX
On August 27, 2010, the Board and Kerry L. Kikuchi, M.D., entered into an Agreed Order requiring Dr. Kikuchi to complete within one year five hours of CME in medical record-keeping and pay an administrative penalty of $3,000 within 60 days. The Order was based on Dr. Kikuchi's inadequate medical records for one patient.
Lewitton, Michael, M.D., Lic. No. K1236, Houston TX
On August 27, 2010, the Board and Michael Lewitton, M.D., entered into an Agreed Order requiring Dr. Lewitton to complete within one year eight hours of CME in medical record-keeping. The action was based on Dr. Lewitton's inadequate medical records for one patient.
Shiller, Alan Dale, M.D., Lic. No. H8398, Palestine TX
On August 27, 2010, the Board and Alan Dale Shiller, M.D., entered into an Agreed Order requiring Dr. Shiller to complete within one year the medical record-keeping course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program, or an equivalent program approved in advance; and pay an administrative penalty of $5,000 within 60 days. The Order was based upon Dr. Shiller's failure to maintain adequate medical records for 21 ophthalmology patients and for prescribing to himself without maintenance of medical records and not for immediate need.
CRIMINAL CONVICTION
Fernandez, Jose R., M.D., Lic. No. J7954, Pharr TX
On August 27, 2010, the Board and Jose R. Fernandez, M.D., entered into an Agreed Order publicly reprimanding Dr. Fernandez and restricting him from supervising any female in a preceptorship program. The Order also requires Dr. Fernandez to complete within one year the University of California San Diego Physician Assessment and Clinical Education program; complete within one year eight hours of CME in ethics; and pay an administrative penalty of $3,500 within 60 days. The Order was based upon Dr. Fernandez's failure to report his criminal and malpractice history when renewing his license.
VOLUNTARY SURRENDER
Cowart, James E., M.D., Lic. No. C3619, San Antonio TX
On August 27, 2010, the Board and James E. Cowart, M.D., entered into an Agreed Voluntary and Permanent Surrender Order in which Dr. Cowart surrendered his medical license due to a medical condition.
Douglass, Albert H., M.D., Lic. No. E4303, San Antonio TX
On August 27, 2010, the Board and Albert H. Douglass, M.D., entered into an Agreed Voluntary Surrender Order in which the Board accepted the voluntary and permanent surrender of Dr. Douglass's Texas medical license, permanently canceling it. The Order was based upon Dr. Douglass's physical condition that affects his ability to practice medicine.
Eisen, Miguel, M.D., Lic. No. D3212, Lakeland FL
On August 27, 2010, the Board and Miguel Eisen, M.D., entered into an Agreed Voluntary Surrender Order in which the Board accepted the voluntary and permanent surrender of Dr. Eisen's license due to a debilitating health impairment.
Eudaly, Harold Bohstedt, Jr., M.D., Lic. No. C6930, Fort Worth TX
On August 27, 2010, the Board and Harold Bohstedt Eudaly, Jr., M.D., entered into an Agreed Voluntary Surrender Order in which the Board accepted the voluntary and permanent surrender of Dr. Eudaly's medical license due to illness.
Havard, Thomas J., III, D.O., Lic. No. E5103, North Richland Hills TX
On August 27, 2010, the Board and Thomas J. Havard, III, D.O., entered into an Agreed Voluntary Surrender Order in which the Board accepted the voluntary and permanent surrender of Dr. Havard's Texas medical license due to health reasons and in lieu of further proceedings.
King, James Dawson, M.D, Lic. No. E7141, Beaumont TX
On August 27, 2010, the Board and James Dawson King, M.D., entered into an Agreed Voluntary Surrender Order in which the Board accepted Dr. King's voluntary and permanent surrender of his medical license in lieu of further Board proceedings related to his inability to safely practice medicine due to an illness.
Kosloske, Ann Mary, M.D., Lic. No. K4110, Sanibel FL
On August 27, 2010, the Board and Ann Mary Kosloske, M.D., entered into an Agreed Voluntary Surrender Order in which Dr. Kosloske voluntarily and permanently surrendered her license in lieu of further proceedings related to the payment of an administrative penalty.
Lane, Frank Childress, M.D., Lic. No. D1698, San Antonio
On August, 27, 2010, the Board and Frank Childress Lane, M.D., entered into an Agreed Order O
