Medical Board Disciplines 64 Doctors

AUSTIN, December 7, 2007 - At its November 29-30 meeting, the Texas Medical Board took disciplinary action against 64 licensed physicians.

Actions included 10 violations based on quality of care; 9 actions based on unprofessional conduct; three actions based on violation of probation or prior board order; six actions based on inadequate medical records violations; three actions based on impairment due to alcohol or drugs; three actions based on impairment due to mental or physical condition; one action based on nontherapeutic prescribing; two actions based on inadequate supervision; two voluntary surrenders; one advertising violation; one action based on a criminal conviction; two miscellaneous actions; one action for aiding and abetting unlicensed practice; three modifications of previous orders; 17 minimal statutory violations, and one action against a licensed surgical assistant. 

QUALITY OF CARE VIOLATIONS

• FERENCE III, MICHAEL, M.D., San Antonio, TX, Lic. #G6504
  On November 30, 2007, the Board and Dr. Ference entered into an Agreed Order canceling Dr. Ference’s license. The action was based on Dr. Ference’s violation of the standard of care which resulted in significant and permanent harm to the vision of three of his patients.
• HICKMAN, ALFREDO, M.D., Nuevo Leon, Mexico, Lic. D9494
  On November 30, 2007, the Board and Dr. Hickman entered into an Agreed Order requiring that Dr. Hickman limit his medical practice to a group or institutional setting, complete 10 hours of continuing medical education in medical record-keeping, and requiring that he not self-treat or otherwise serve as a physician to his immediate family.
• KINZIE, DANIEL H., M.D., Midland, TX, Lic. #G8562
  On November 30, 2007, the Board and Dr. Kinzie entered into a Mediated Agreed Order requiring Dr. Kinzie to successfully complete the medical records-keeping course offered by the University of California San Diego Physician Assessment and Clinical Education program, have his practice monitored by another physician for one year, take and pass the Medical Jurisprudence Examination, and complete 30 hours of continuing medical education in prescribing medications. The action was based on Dr. Kinzie’s violation of the standard of care with regard to 13 patient seen at a minor emergency clinic.
• KIPPELS, KENNETH M., M.D., Plano, TX, Lic. #E5551
  On November 30, 2007, the Board and Dr. Kippels entered into an Agreed Order requiring that Dr. Kippels complete 10 hours of continuing medical education in record-keeping, revise his informed consent form for intravenous infusions, and pay an administrative penalty of $5,000. The action was based on his inadequate medical records for a patient and his use of an insufficient informed consent form.
• KONJOYAN, THOMAS R., D.O., Nederland, TX, Lic. #G2173
  On November 30, 2007, the Board and Dr. Konjoyan entered into a three-year Agreed Order, requiring that Dr. Konjoyan have his practice monitored by another physician and that he complete 20 hours of continuing medical education in emergency medicine for each year under the order.
• KORSAH, KENNETH N., M.D., Houston, TX, Lic. #E6827
  On November 30, 2007, the Board and Dr. Korsah entered into an Agreed Order reprimanding Dr. Korsah and requiring that Dr. Korsah not practice obstetrics until he can demonstrate to the Board that he is competent to do so and that he obtain 30 hours of continuing medical education in high-risk obstetrics. The action was based on his failure to exercise adequate diligence in the care of a patient who had gestational hypertension and was at risk for placental abruption.
• PEYTON, JOHN C., M.D., Rusk, TX, Lic. #D5152
  On November 30, 2007, the Board and Dr. Peyton entered into an Agreed Order publicly reprimanding Dr. Peyton, prohibiting him from having hospital privileges, and requiring that he take and pass the Medical Jurisprudence Examination; obtain eight hours of continuing medical education in medical record-keeping; and that he pay an administrative penalty of $500. The action was based on his failure to adequately attend to his hospital patients by making his daily rounds and responding to nursing pages for which he was subsequently disciplined by the hospital.
• PIPER, JOSEPH N., D.O., Copperas Cove, TX, Lic. #K5181
  On November 30, 2007, the Board and Dr. Piper entered into an Agreed Order requiring that Dr. Piper complete a total of 20 hours of continuing medical education in medical record-keeping, evaluation and treatment of anemia, evaluation and treatment of hepatitis, and evaluation and treatment of diabetic ketoacidosis. The action was based on Dr. Piper’s failure to meet the standard of care for two patients.
• RIDLEY, COURTNEY P., M.D., Dallas, TX, Lic. #L1983
  On November 30, 2007, the Board and Dr. Ridley entered into an Agreed Order requiring that Dr. Ridley’s practice be monitored by another physician for two years; that she provide chelation therapy for only FDA-approved purposes; that she obtain 20 hours of continuing medical education with half of the hours in endocrine disorders and the rest in medical record-keeping; and that she pay a $5,000 administrative penalty. The action was based on Dr. Ridley’s provision of hormone therapy and chelation therapy without adequate documentation.
• SHAH, AMAN A., M.D., Whitney, TX, Lic. #M1440
  On November 30, 2007, the Board and Dr. Shah entered into a three-year Mediated Agreed Order requiring Dr. Shah to complete at least 20 hours of continuing medical education in emergency medicine, family medicine, and risk management; and successfully complete courses in Advanced Cardiac Life Support, Advanced Cardiac Life Support, Pediatric Advanced Cardiac Life Support. The action was based on Dr. Shah’s failure to timely effectuate the transfer of a patient with bowel and mesenteric injuries to a trauma facility.

UNPROFESSIONAL CONDUCT VIOLATIONS

• CRABTREE, ROBERT N., M.D., Dallas, TX, Lic. #H4256
  On November 30, 2007, the Board and Dr. Crabtree entered into an Agreed Order requiring that Dr. Crabtree pay an administrative penalty of $2,500 and that he update his profile within 30 days regarding his criminal history. The action was based on Dr. Crabtree’s convictions for obstruction of a passageway in 2003 (original arrest for DWI) and deadly conduct in 2005 (original arrest for DWI), and failure to notify the Board of his change in practice address.
• GRAHM, THOMAS W., M.D., Tyler, TX, Lic. #H8659
  On November 30, 2007, the Board and Dr. Grahm entered into an Agreed Order requiring that he pay an administrative penalty of $1,000. The action was based on Dr. Grahm behaving in a disruptive manner toward other medical personnel and for discipline by his peers in relation to behavior.
• GUPTA, RAJEEV, M.D., Bastrop, TX, Lic. #K0795
  On November 30, 2007, the Board and Dr. Gupta entered into a two-year Agreed Order requiring the following: that his practice be monitored by another physician with regard to medical and billing records; that he obtain 10 hours of CME in the office management of medical billing and coding; that he may supervise no more than two midlevel professionals; that he comply with all laws, regulations and other requirements as ordered by the Texas Department of State Health Services; and that he pay an administrative penalty of $1,000. The action was based on billing irregularities with at least five patients.
• HO, NHUE A., M.D., The Woodlands, TX, Lic. #L7755
  On November 30, 2007, the Board and Dr. Ho entered into an Agreed Order assessing an administrative penalty of $500. The action was based on Dr. Ho’s failure to correctly complete and timely amend the death certificate of a patient.
• JIMENEZ, CARLOS J., M.D., Galveston, TX, Lic. #BP10029555
  On November 30, 2007, the Board and Dr. Jimenez entered into an Agreed Order requiring that Dr. Jimenez pass the Medical Jurisprudence Examination within one year and pay an administrative penalty of $1,000. The action was based on his plea to unlawful discharge of a weapon and his provision of false information to the Board.
• JOHNSON, DWIGHT J., M.D., Kotzebue, AK, Lic. #M1800
  On November 30, 2007, the Board and Dr. Johnson entered into an Agreed Order requiring that Dr. Johnson complete a three-day course in boundary violations and that he pay an administrative penalty of $1,000. The action was based on Dr. Johnson’s personal relationship with a patient.
• MARQUEZ, RAUL A., M.D., Edinburg, TX, Lic. #J1302
  On November 30, 2007, the Board and Dr. Marquez entered into an Agreed Order requiring that Dr. Marquez obtain five hours of continuing medical education in ethics each year for five years and that he have copies of all independent billing record audits submitted to the Board. The action was based on Dr. Marquez’s settlement agreement with the federal and state government concerning his billing practices.
• RODRIGUEZ, DIRK I., M.D., Cincinnati, OH, Lic. #H5735
  On November 30, 2007, the Board and Dr. Rodriguez entered into a three-year Agreed Order requiring that Dr. Rodriguez complete a course of at least 10 hours in managing professional relationships with physicians and medical staff; that he receive treatment from a psychologist for the purpose of individual counseling, therapy, and treatment in anger management; and that he pay an administrative penalty of $1,000. The action was based on his behaving in a manner toward other medical personnel that could have adversely impacted patient care and for being disciplined by his peers at the hospital where he had staff privileges.
• SMITH, MICHAEL D., M.D., Houston, TX, Lic. #F4545
  On November 30, 2007, the Board and Dr. Smith entered into an Agreed Order requiring that Dr. Smith pay an administrative penalty of $2,500. The action was based on Dr. Smith’s violation of his October 7, 2005, Agreed Order on July 28, 2006, when he failed to submit to a drug and alcohol screen as requested by the Board.

VIOLATION OF PROBATION OR PRIOR ORDER

• BAKER, MERRIMON W., M.D., Cleveland, TX Lic. #G4807
  On November 30, 2007, the Board entered a Final Order whereby the Board revoked Dr. Baker’s license and required him to pay $1,514 for transcript costs. The action was based on Dr. Baker’s violation of his October 6, 2006, order on October 10, 2006, when he performed a spine surgery which was not permitted by his October, 2006, order.
• ROGERS, MARK R., M.D., Houston, TX, Lic. #H0770
  On November 30, 2007, the Board and Dr. Rogers entered into a 10-year Mediated Agreed Order requiring Dr. Rogers to abstain from consuming prohibited substances, including alcohol and drugs not prescribed for him; participate in the Board’s program for testing for drugs and alcohol; continue to see both his therapist and psychiatrist on a monthly basis the first year of the order and then quarterly for the remainder of the order; participate in the activities of Alcoholics Anonymous at least five times per week; participate in the activities of a county or state medical society committee on physician health and rehabilitation; and comply with his continuing care contract with the Harris County Physician’s Health and Rehabilitation Committee. The action was based on his violation in October, 2005, of his December 8, 2000, Agreed Order by consuming alcohol on one occasion.
• SUOMINEN, DAVID, M.D., Argyle, TX, Lic. #J6752
  On November 30, 2007, the Board and Dr. Suominen entered into an Agreed Order Modifying Prior Order extending Dr. Suominen’s 2005 Order. The action was based on Dr. Suominen’s consumption of alcohol resulting in a positive EtG test in violation of his 2005 Order.

INADEQUATE MEDICAL RECORDS

• REDKO, VLADIMIR, M.D., Houston, TX, Lic. #J1366
  On November 30, 2007, the Board and Dr. Redko entered into a one-year Mediated Agreed Order requiring that Dr. Redko’s practice be monitored by another physician, that he complete 12 hours of continuing medical education in the area of record-keeping and/or risk management, and that he pay an administrative penalty of $2,000. The action was based on incomplete documentation with regard to five patients, including documentation of the focused examination and documentation of medical necessity.
• JOHNSON, GLOVER, O.L. JR., M.D., Houston, TX, Lic. #E2031
  On November 30, 2007, the Board and Dr. Johnson entered into an Agreed Order requiring that Dr. Johnson complete 10 hours of continuing medical education in medical record-keeping and 20 hours of continuing medical education regarding cardiac risk factors with emphasis on diabetes and asymptomatic patients. The action was based on Dr. Johnson’s failure to document a patient’s established coronary artery disease and abnormal EKG findings.
• LA ROSE, JAMES M., D.O., Houston, TX, Lic. #D7432
  On November 30, 2007, the Board and Dr. La Rose entered into an Agreed Order requiring that Dr. La Rose complete 10 hours of continuing medical education in medical record documentation and pay an administrative penalty of $1,000. The action was based on his failure to maintain adequate medical records for a patient.
• LEE, SUNG, M.D., Houston, TX, Lic. #E6473
  On November 30, 2007, the Board and Dr. Lee entered into a two-year Agreed Order requiring that Dr. Lee surrender his DEA and DPS registration certificates to the appropriate authorities and not reapply until permitted by the Board to do so; that his practice be monitored by another physician; that he complete additional continuing medical education hours in the area of medical record-keeping each year of the order; and that he pay an administrative penalty of $500. The action was based on Dr. Lee’s ordering and dispensing controlled substances without maintaining adequate medical records and for misappropriation of state property that he obtained through employment with the state.
• RAVICHANDRAN, G.K., M.D., Houston, TX, Lic. #F3588
  On November 30, 2007, the Board and Dr. Ravichandran entered into an Agreed Order requiring that Dr. Ravichandran complete 10 hours of continuing medical education in medical record-keeping and that he pay a $500 administrative penalty. The action was based on his failure to maintain adequate medical records for a patient.
• SIMONS, DANE D., M.D., Bay City, TX, Lic. #J2334
  On November 30, 2007, the Board and Dr. Simons entered into an Agreed Order requiring that Dr. Simons pay an administrative penalty of $1,000. The action was based on Dr. Simons’ failure to document that a patient had refused treatment and the Dr. Simons had made requests to the nursing staff to have the patient transferred.

IMPAIRMENT DUE TO ALCOHOL OR DRUGS

• GREEN, DAVID A., M.D., Dallas, TX, Lic. #K9073
  On November 30, 2007, the Board and Dr. Green entered into a 10-year Agreed Order requiring that Dr. Green abstain from consuming prohibited substances, including alcohol and drugs not prescribed for him; participate in the Board’s program for testing for drugs and alcohol; participate in the activities of Alcoholics Anonymous at least three times per week; participate in the activities of a county or state medical society committee on physician health and rehabilitation; undergo an independent psychiatric evaluation; receive psychiatric care on a weekly basis the first year of the order and then as recommended; and complete 10 hours of continuing medical education in ethics. The action was based on Dr. Green’s intemperate use of alcohol and cocaine and peer action taken against him for seeing patients while impaired and against the hospital’s orders.
• SPRATT, LORENZO, M.D., Cedar Hill, TX, Lic. #F9031
  On November 30, 2007, the Board and Dr. Spratt entered into a 10-year Agreed Order requiring that Dr. Spratt abstain from consuming prohibited substances, including drugs or alcohol not prescribed for him; that he participate in the Board’s program for testing for drugs and alcohol; receive treatment from a psychiatrist on a monthly basis; complete 15 hours of continuing medical education each year of the order in the area of urgent care trauma; limit his work week to 80 hours; participate in the activities of Alcoholics Anonymous at least three times per week; and pay an administrative penalty of $6,000. The action was based on his intemperate use of alcohol and drugs that affected his ability to care for patients and resulted in disciplinary actions taken by his peers resulting in termination of his employment with two hospital districts.
• TSCHEN, LUIS F., M.D., Angleton, TX, Lic. #K7405
  On November 30, 2007, the Board and Dr. Tschen entered into a 10-year Agreed Order requiring the following: that he abstain from consuming prohibited substances, including drugs or alcohol not prescribed for him; participate in the Board’s program for testing drugs and alcohol; continue psychiatric treatment on a monthly basis; continue receiving therapy from his psychologist at least every two weeks; that he only practice in an in-office practice setting and not at any hospitals or nursing homes; that he not self-treat or otherwise serve as a physician to his immediate family; that he surrender his DEA/DPS controlled substances certificates of registration; and that he participate in the activities of Alcoholics Anonymous at least five times per week. The action was based on Dr. Tschen’s addiction to hydrocodone and benzodiazepine and violation of state and federal law regarding the diversion of controlled substances.

IMPAIRMENT DUE TO PHYSICAL OR MENTAL CONDITION

• ANDREWS, WILLIAM, A., M.D., Friendswood, TX, Lic. #F6394
  On November 30, 2007, the Board and Dr. Andrews entered into an Agreed Order suspending Dr. Andrews’ license until he can provide evidence to the Board that he is physically, mentally, and otherwise competent to return to the practice of medicine. The action was based on findings of cognitive impairment by a psychiatrist that adversely impacted his ability to care for a patient.
• FRANCIS, WILLIAM R., M.D., Houston, TX, Lic. #E0920
  On November 30, 2007, the Board and Dr. Francis entered into an Agreed Order limiting Dr. Francis’ medical practice to a non-surgical practice only. The action was based on Dr. Francis’ neurological condition that has affected the use of his right hand and in turn has affected his abilities as a surgeon.
• LUNBERRY, JULIA J., M.D., Frisco, TX, Lic. #K8790
  On November 30, 2007, the Board entered into an Agreed Order of Suspension that suspended Dr. Lunberry’s license until such time as she demonstrates to the Board that she is physically, mentally, and otherwise competent to return to the practice of medicine. The action was based on Dr. Lunberry’s medical condition that makes her unable to practice medicine safely.

NONTHERAPEUTIC PRESCRIBING

• WHITEFIELD, BARRETT D., D.O., Odessa, TX, Lic. #L1495
  On November 30, 2007 the Board and Dr. Barrett entered into a one-year Agreed Order publicly reprimanding Dr. Whitefield and requiring that his practice be monitored by another physician; that he complete 16 hours of continuing medical education with half of the hours in ethics and the remaining hours in medical record-keeping, requiring that he only prescribe schedule II and III drugs to patients in a hospice and nursing home setting; and that he pay an administrative penalty of $1,000. The action was based on Dr. Whitefield’s nontherapeutic treatment and care of a chronic pain patient.

INADEQUATE SUPERVISION OR DELEGATION

• JOSHI, CHANDRA M., M.D., Minden, LA, Lic. #G7832
  On November 30, 2007, the Board and Dr. Joshi entered into an Agreed Order reprimanding Dr. Joshi; prohibiting him from practicing pain management; and requiring that his practice be monitored by another physician, that he complete 20 hours of continuing medical education in the areas of risk management and ethics, and that he pay an administrative penalty of $5,000. The action was based on Dr. Joshi’s failure to adequately supervise individuals acting under his supervision at a pain management clinic that he ran.
• JUAREZ, EDWARD C., M.D., El Paso, TX, Lic. #H5327
  On November 30, 2007, the Board and Dr. Juarez entered into a two-year Agreed Order requiring that Dr. Juarez complete 10 hours of continuing medical education in the management of hypertensive crisis and cardiac emergencies and 10 hours of continuing medical education in the supervision of physician assistants and/or nurse practitioners; and pay an administrative penalty of $10,000. The action was based on Dr. Juarez’s failure to personally assess a patient who had been admitted to the hospital by his physician assistant, who was not qualified to treat the patient’s specific medical condition.

AIDING AND ABETTING UNLICENSED PRACTICE

• CHAVEZ, ARMANDO, M.D., Houston, TX, Lic. #J8487
  On November 30, 2007, the Board and Dr. Chavez entered into an Agreed Order suspending Dr. Chavez’s license until May 16, 2008, and then lifting the suspension under the following terms: completion of a course in ethics offered by the University of California San Diego Physician Assessment and Clinical Education program, medical practice monitored by another physician for five years, practice of medicine be limited to Internal Medicine and phlebology, assessment of an administrative penalty of $75,000, and prohibition from supervising or delegating to physician assistants, advanced practice nurses or surgical assistants.

VOLUNTARY SURRENDERS

• MICHIELS, JOHN F., M.D., Hamilton, Ontario, Canada, Lic. #J9211
  On November 30, 2007, the Board and Dr. Michiels entered into an Agreed Order of Voluntary and Permanent Surrender whereby Dr. Michiels agreed to surrender his license to the Board. The surrender was done in lieu of further investigation relating to improper Internet prescribing practices.
• TREASURE, TREVOR E., M.D., Carmel, IN, Lic. #J6775
  On November 30, 2007, the Board and Dr. Treasure entered into an Agreed Order accepting the voluntary and permanent surrender of Dr. Treasure’s license since he no longer practices medicine in Texas.

ACTION BASED ON CRIMINAL CONVICTION

• ALEXANDER, BRUCE J., M.D., Frisco, TX, Lic. #K1336
  On November 30, 2007, the Board revoked Dr. Alexander’s license. The action was based on Dr. Alexander’s final conviction on the felony charge of possession of morphine with the intent to distribute.

ADVERTISING VIOLATIONS

• ROY, MARCI, M.D., Austin, TX, Lic. #J5635
  On November 30, 2007, the Board and Dr. Roy entered into an Agreed Order requiring that Dr. Roy pay an administrative penalty of $1,000. The action was based on her advertising professional superiority and comparing her services with other health care professionals in a manner that could not be factually substantiated.

MODIFICATIONS

• ASMUSSEN, MAURICE D., M.D., Midland, TX, Lic. #H7873
  On November 30, 2007, the Board and Dr. Asmussen entered into an Order of Termination of Suspension terminating his suspension, placing him on probation for 10 years and requiring that he successfully complete the pediatric board certification course before resuming practice in Texas; take and pass the Special Purpose Examination; abstain from consuming prohibited substances, including alcohol and drugs not prescribed to him; participate in the Board’s program for testing for drugs and alcohol; limit his medical practice to an institutional or group setting; not possess administer, dispense or prescribe any controlled substances or dangerous drugs with addictive potential or potential for abuse; participate in the activities of Alcoholics Anonymous at least five times per week; and continue to participate in physicians’ health and rehabilitation counseling.
• COTTER, JOHN KERN, M.D., Shreveport, LA, Lic. # G5883
  On November 30, 2007, the Board and Dr. Cotter entered into an Agreed Order Terminating Suspension. The 2005 suspension order was based on Dr. Cotter’s arrest and guilty plea for the third degree felony of unlawfully obtaining a controlled substance. The terms of the Agreed Order Terminating Suspension include that he abstain from consuming prohibited substances, including alcohol and drugs not prescribed for him; participate in the Board’s program for testing for drugs and alcohol; participate in the activities of Alcoholics Anonymous at least five times per week; undergo a neuropsychiatric evaluation; continue to see his treating psychiatrist on a monthly basis; and complete a two-year ACGME approved residency training program.
• McFARLAND, BRUCE R., Corpus Christi, TX, Lic. #H3353
  On November 30, 2007, the Board and Dr. McFarland entered into a 15-year Agreed Order terminating his August 26, 2002, suspension order, and requiring that Dr. McFarland abstain from consuming prohibited substances, including alcohol and drugs not prescribed for him; participate in the Board’s program for testing for drugs and alcohol; receive psychiatric treatment in a group setting on a weekly basis and in an individual setting on a monthly basis; participate in the activities of Alcoholics Anonymous at least five times per week; that his medical practice be limited to working under another physician’s supervision and that he may not treat patients; and he may not register with DEA or DPS to prescribe controlled substances. Dr. McFarland will not have access to medications, will not treat patients, and will be limited to making treatment assessments to third parties.

MISCELLANEOUS VIOLATIONS

• POWELLS, JANICE R., M.D., Houston, TX, Lic. #E9337
  On November 30, 2007, the Board and Dr. Powells entered into an Agreed Order requiring that Dr. Powells take and pass the Medical Jurisprudence Examination and that she pay an administrative penalty of $500. The action was based on her office’s refusal to release a patient’s medical records until an outstanding bill was paid.
• TAYLOR, JILL A., D.O., Kingwood, TX, Lic. #K2296
  On November 30, 2007, the Board and Dr. Taylor entered into an Agreed Order requiring that Dr. Taylor take and pass the Medical Jurisprudence Examination and that she complete six hours of continuing medical education in medical office management. The action was based on Dr. Taylor’s altering a medical record that had been requested by the Board without making a notation that the record had been supplemented, changed or corrected.

MINIMAL STATUTORY VIOLATIONS
Seventeen licensees agreed to enter into orders with the Board for minimal statutory violations.

SURGICAL ASSISTANT

• CANO, EDMUNDO N., S.A., Houston, TX, Lic. #SA-00260
  On November 30, 2007, the Board and Mr. Cano entered into an Agreed Order revoking his license and assessing an administrative penalty of $5,000. The action was based on Mr. Cano’s practicing medicine without a license and holding himself out as a physician.  

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