YOUR REPORT - Ohiomed.ohio.gov/DNN/PDF/E-News-Newsletters/2001.pdf · St. Thomas Medical Center Summa Health 444 North Main St. Akron, OH 44310-3178 (330) 379-5906 *Talbert House

YOUR REPORTFROM THE STATE MEDICAL BOARD OF OHIO

SUMMER 2001

The State Medical Board

PresidentAnant R. Bhati, M.D.Cincinnati

Vice PresidentPitambar Somani, M.D., Ph.D.Columbus

SecretaryAnand G. Garg, M.D., Ph.D.Avon

Supervising MemberRaymond J. AlbertAmanda

Ronald C. Agresta, M.D.Steubenville

R. Gregory Browning, Ph.D.Columbus

David S. Buchan, D.P.M.Columbus

Carol Lynn Egner, M.D.Cincinnati

Anquenette SloanColumbus

Anita M. Steinbergh, D.O.Westerville

Charles D. Stienecker, M.D.Wapakoneta

Lance Talmage, M.D.Toledo

Executive DirectorThomas A. Dilling, J.D.

A WORD FROM THE PRESIDENT

From the Secretary & Supervising Member ....................... 2Licensure of Chemically Impaired Resident Physicians .... 3Approved Treatment Providers ............................................. 4Healthcare Fraud and Abuse ............................................... 5AMA Health Literacy Self-Study Program ............................ 7Free CME from Ohio Department of Health ........................ 7Statehouse Summary .......................................................... 8New Options for Allopathic CME........................................... 11OSMB Disciplinary Actions .................................................. 12Pain Rules Survey Results ................................................... 22

This is my inaugural report to you, as I was honored to be elected by mycolleagues on the Board to serve as President during 2001. The Medical Boardhas an ambitious agenda for the year. Defining the scope of functions thatmay be safely delegated to non-physician extenders and setting practiceguidelines for office-based surgery are two issues being studied by Boardcommittees. We plan to promulgate administrative rules on both topics laterthis year.

I’m pleased to report that Governor Bob Taft reappointed Anand G.Garg, M.D., to serve another five year term on the Medical Board. As theBoard’s Secretary, Dr. Garg works with Supervising Member Raymond J.Albert to determine the disposition of the over 2500 complaints filed with ouroffice each year. Their efforts contribute to the Ohio Board’s status as a leaderamong licensing authorities across the country.

On the national level, Board member Ronald C. Agresta, M.D., was selectedto serve as President-Elect of the Federation of State Medical Boards at theFederation’s annual meeting held April 19-21, 2001 in Atlanta, Georgia. Inthis position, he is poised to become President of the Federation in 2002—thefirst time an Ohioan has led this internationally recognized organization since1981. Pitambar (Peter) Somani, M.D., was elected at the Atlanta meetingto a one year term on the Federation’s Nominating Committee. Ray Q.Bumgarner, our former Executive Director, was the receipient of theDistinguished Service Award, the Federation’s highest honor. The awardrecognizes outstanding service and leadership to the Federation and to thefield of medical licensure and discipline.

Anant R. Bhati, MD, President

Inside YOUR REPORT

From the Secretary& Supervising Member

Last year, the number of disciplinary actionstaken against Medical Board licensees reached anew high: 166 sanctions were imposed, rangingfrom reprimand to permanent license revocation.Board members and staff who speak toprofessional organizations, hospital groups andstudents throughout the state are oftenquestioned about the steady rise in Medical Boarddisciplinary actions over the past decade. “Arethere really more problem doctors than there usedto be?” they want to know. What do the numbersreally tell us?

From our vantage point, with years of regulatoryexperience between us, we don’t see an increasein the number of problem practitioners so muchas we do an improvement in the Board’s abilityto identify and deal with practitioners who areheaded for or are already immersed in trouble.This is particularly true with respect to impairedpractitioners. If you look more closely at ourdisciplinary statistics, you’ll find that 28% of theBoard’s actions in 2000 were based on drug oralcohol impairment. Most of those sanctionsinclude suspension of the professional licensepending appropriate treatment through a Board-approved provider (for a current provider listing,see page 4) and verification of the licensee’s fitnessto resume practice, followed by extensiveprobationary monitoring by the Board and itsstaff. Currently, about 160 impaired practitionersare being monitored. While we know that theBoard’s strict oversight is often the subject ofderisive discussion at support group meetings,we are heartened by those probationers who,at the end of their stint with us, credit theBoard’s intervention and scrutiny with savingtheir careers.

The Board has long been on record as recognizingaddiction as a disease. Thus, we will work withan impaired practitioner to support his or hersuccessful recovery and return to practice,

provided that the practitioner has not engagedin acts that result in a criminal conviction or thatmight have an adverse impact on others. Ohiolaw also recognizes addiction as a treatabledisease, providing a one-time alternative routeto recovery for those who would prefer to avoidthe Medical Board altogether. This “one-biterule,” adopted as statute by the Ohio GeneralAssembly in 1987, permits licensees who becomedrug or alcohol impaired to avoid being reportedto the Board if they comply with recommendedtreatment by a Board-approved provider, commitno other reportable violations and maintainsobriety.

To every rule, of course, there is an exception.The Board has never read the “one-bite rule” asapplying in the case of a new licensure applicant.An applicant who has received treatment forchemical dependency must disclose that fact onthe application, and will generally receive a licenseonly with probationary terms unless he or she isable to document five years of continuous sobrietyat the time of application.

Since the implementation of the mandatorytraining certificate law in 1999, applicants for newtraining certificates, like full licensure applicants,have been required to disclose any diagnosis ofor treatment for chemical dependency. Whilethese physicians have been permitted to refrainfrom disclosing a history of chemical dependency(with no relapses) when they renew their trainingcertificates, the Board has treated them like newlicensure applicants—requiring full disclosure ofchemical dependency diagnoses and treatment—when they elect to trade in their trainingcertificates for full licenses. Recognizing that thesafeguards underlying the “one bite rule” wouldstill be present in those situations, the Boarddecided to extend those benefits to thesephysicians at its February 2001 meeting byadopting the position statement on page 3.

The regulatory process is a dynamic one. As aBoard, we continually strive to improve ourprocesses and develop new approaches to betterserve the interests of the public and our licensees.

Page 2 YOUR REPORT/Summer 2001

by Anand G. Garg, M.D., Ph.D., Secretaryand Raymond J. Albert, Supervising Member

A physician licensed by the State Medical Board who suffers from impairment of abilityto practice according to acceptable and prevailing standards of care because of habitualor excessive use or abuse of drugs, alcohol, or other substances that impair ability topractice is in violation of Section 4731.22(B)(26), Ohio Revised Code, and subject toBoard disciplinary action. Any Board licensee having knowledge of such a violation isrequired by Section 4731.224(B) to report that information to the Board. In 1987,however, the Ohio General Assembly carved out a one time “one bite” exception,whereby an impaired physician may escape Board intervention, and the physician’scolleagues may be excused from reporting the physician’s impairment, so long as thephysician has completed treatment with a Board approved treatment provider andmaintained uninterrupted sobriety, and violated no other provisions of the Ohio MedicalPractice Act. In addition, the physician must adhere to all other statutory requirements.The One Bite Rule is codified in Sections 4731.22, 4731.224 and 4731.25, Ohio RevisedCode, and Rules 4731-15-01, 4731-16-04, 4731-16-07, and 4731-16-13, Ohio AdministrativeCode.

The State Medical Board recognizes that resident physicians practicing under trainingcertificates are entitled to the protection of the One Bite Rule to the same extent asare fully licensed physicians. Both fully licensed physicians and residents practicingunder training certificates are excused from reporting their impairment when renewingtheir certificates so long as they continue to adhere to the requirements of the statutesand rules. Physicians seeking new Ohio licensure, however, have never been granted“one bite”, and are expected to report their status in applying for licensure. The Boardwill generally require some period of probation as a contingency to licensure if anapplicant has been impaired and is unable to document at least five years ofuninterrupted sobriety at the time of application.

Physicians practicing under training certificates frequently decide to apply for fullOhio licensure after a year or two of residency training. Although these physicians doreceive new “full” licenses, the State Medical Board does not view them as new licensureapplicants for purposes of the One Bite Rule. A physician who enters treatment forchemical dependency while in residency under a training certificate need not reporthis or her impairment when applying for full licensure so long as the physician continuesto qualify for the one bite exception by completing treatment and complying withaftercare requirements. If the physician is required to respond in the affirmative toany of the other “Additional Information” questions on the application (e.g., the physicianwas placed on probation by his or her postgraduate training program) the Board willgenerally license the physician without restrictions or probationary terms ifinvestigation reveals that the problem requiring the affirmative answer would not haveoccurred but for the physician’s impairment.u

STATE MEDICAL BOARD OF OHIO - POLICY STATEMENT

LICENSURE OFCHEMICALLY IMPAIRED RESIDENT PHYSICIANS

February 14, 2001

YOUR REPORT/Summer 2001 Page 3

*Addiction Programs ofMahoning County2516 Market StreetYoungstown, OH 44507(330) 747-2614

Bethesda HospitalAlcohol & Treatment Pgm619 Oak StreetCincinnati, OH 45206(513) 569-6020

Brighton Hospital12861 East Grand RiverBrighton, MI 48116-8596(810) 227-1211

*Cleveland Clinic9500 Euclid Ave.Cleveland, OH 44195-5189(216) 444-2970

*Comprehensive AddictionService Systems (COMPASS)2465 Collingwood Blvd.Toledo, OH 43620(419) 241-8827

*Crossroads CounselingServices, Inc.255 W. Main St., P.O. Box 118St.Clairsville, OH 43950(740) 695-9447

Edwin Shaw Hospitalfor Rehabilitation1621 Flickinger RoadAkron, Ohio 44312-4495(330)784-1271

*Glenbeigh Health Sources2863 St. Rt. 45P.O. Box 298Rock Creek, OH 44084-0298(440) 563-3400

APPROVED TREATMENT PROVIDERS

Greene Hall ChemicalDependency ServicesGreene Memorial Hospital1141 N. Monroe Dr.Xenia, OH 45385(937) 372-8011 x 5442;(937) 429-3360

Marworth Treatment CenterLily Lake RoadWaverly, PA 18471(800) 442-7722

*Maryhaven1791 Alum Creek DriveColumbus, OH 43207(614) 445-8131

Neil Kennedy RecoveryClinic2151 Rush Blvd.Youngstown, OH 44507(800) 228-8287

Parkside BehavioralHealthcare, Inc.349 Olde Ridenour Rd.Columbus, OH 43230(614) 471-2552

Rogers Memorial HospitalHerrington Recovery Center34700 Valley RoadOconomowoc, WI 53066(262) 646-3526 x240

Rosary Serenity Centerat St. Vincent Charity Hospital2351 E. 22nd St.Cleveland, OH 44115(216) 363-2580

Shepherd Hill Hospital200 Messimer DrivePO Box 1067Newark, OH 43058-1067(740) 348-4870

Sierra Tucson39580 N. Lago Del Oro Pkwy.Tucson, AZ 85739(520) 624-4000(800) 624-5858

St. Thomas Medical CenterSumma Health444 North Main St.Akron, OH 44310-3178(330) 379-5906

*Talbert House2600 Victory ParkwayCincinnati, OH 45206(513) 751-8600

Talbot-Marsh RecoveryCampus5448 Yorktowne Dr.Atlanta, GA 30349(404) 994-0185;(800) 445-4232

The Toledo Hospital2142 North Cove Blvd.Toledo, OH 43606(419) 471-2300inpatient: (419) 471-2351

West Michigan AddictionConsultants, P.C.3001 Fuller Ave., N.E.Grand Rapids, MI 49505 (800) 253-7700

Chemical dependency treatment providers are approved by the Medical Boardpursuant to Section 4731.25, O.RC. The following list is current as of May 2001.

See www.state.oh.us/med/ for updates.


*Approved treatment providers with the ability to adjust fees on a sliding scale

With increasing frequency, theU.S. Department of Justicescrutinizes physicians forMedicare fraud and abuse.Various sources have estimatedthe total annual cost related tofraud and abuse in the healthcare industry to be 90 billiondollars, or 10% of each dollarspent on health care. Accord-ing to the Department ofHealth and Human Services,improper payments to phy-sicians total 5.9 billion dollarsannually. As a result, policymakers, regulators, and lawenforcement agencies havebeen taking a closer look at thepractices of health careprofessionals. Since 1996, forexample, addressing issues ofmedical fraud and abuse hasbecome the number twopriority of the United StatesDepartment of Justice. TheHealth Insurance Portabilityand Accountability Act of 1996(HIPPA) authorized massiveincreases in funding for theinvestigation and prosecutionof fraud and abuse. Further,HIPPA expanded the scope offraud and abuse statutes andfacilitated coordination ofinvestigative efforts amongagencies at all levels ofgovernment and created

Healthcare Fraud & Abuseby Charles Stienecker, M.D., Member

EDITORIAL

jurisdictional scope to reachfraud committed againstprivate payers, i.e., insurancecompanies and your privatepatients.

There are eight basic sources ofstatutes and prohibitionsencompassing both criminaland administrative law:

1. Theft, bribery or embez-zlement related to healthcare

2. Mail/wire fraud3. False statements or rep-

resentations, includingadvertising

4. Specific health care fraud,i.e., HIPPA

5. The RICO, or RacketeerInfluenced and CorruptOrganizations Act, aimed atpatterned misconduct

6. The False Claims Act7. Anti-kickback statutes, and8. Anti-referral laws or Stark

I and II

The lawyers may recognizefraud and abuse in technicalterms as defined in thesestatutes, but for our purposes,a more general statement maybe more helpful. In general,FRAUD is any act, omission,or concealment, calculated to

deceive, or “making false state-ments or representations ofmaterial facts in order to obtainsome benefit or payment forwhich no entitlement wouldotherwise exist.” There is aburden to show that the actwas based on the intent of thephysician to engage in illegalbehavior; that is, that “beyonda reasonable doubt” the doctor“acted knowingly andwillfully.”

ABUSE , on the other hand,broadly defined, is anyexcessive, improper or harmfulact “that either directly orindirectly results in un-necessary cost.” A finding ofabuse does not depend on aphysician’s intent; it requiresonly that “a preponderance ofthe evidence” suggests thedoctor was “acting withknowledge, or in deliberateignorance or with recklessdisregard of the truth or falsityof certain information.” Thatyou “knew or should haveknown” is enough to findagainst you; specific intent todefraud is not required. Anastounding array of actionscan potentially lead to aninvestigation of your practice.The following list points out thebreadth of vulnerability:

1. Billing for services orsupplies that were notprovided

2. Misrepresenting the natureof services provided

3. Misrepresenting the agentthat provided care

4. Billing for unnecessaryservices

5. Billing for unallowable cost6. Failure to follow doc-

Material for the following article was extracted from a presentation byRobert J. Benvenuti III, J.D., MPA, to the University of Kentucky FamilyMedicine Review (November 2000), and is being used with thepermission of the author.



umentation guidelines or not having suf-ficient documentation to support a claim forreimbursement

7. Beneficiary inducement (e.g., waiving co-pays)

8. Billing for services provided by unqualifiedor unlicensed clinical personnel

9. Knowingly billing for inadequate or sub-standard care

10. Making false or fraudulent statements orrepresentations related to the delivery ofhealth care

11. Failing to return monies wrongfullyobtained

12. Violation of participation agreements13. Illegal remuneration or self-referrals14. Faulty or otherwise inadequate business

systems

Who is involved in enforcing these new statutes?The list is long and includes the Department ofJustice (U.S. Attorneys and the FBI), theDepartment of Health and Human Servicesthrough the Office of the Inspector General, andalmost every other federal agency. At the statelevel, fraud control units and licensing boards aresupplemented by state-designated Medicarecarriers, their intermediaries, and privateinsurance companies. At the bottom of thisfeeding chain are the private bounty hunters forpersonal gain; qui tam relators, whistleblowergovernment contractors; and your former andcurrent patients and employees. There is, as youcan see, a rather daunting group of watchdogs.

Physicians face an alarming array of thesepotholes. With so many acts constituting fraudand abuse, it is helpful to note what behaviordoes not rise to the level of fraud or abuse.Singular mistakes and innocent errors are notlikely to become a problem unless frequentrepetition of a pattern of conduct gives rise toallegations that a physician “should have known”that his/her behavior was questionable.Similarly, good faith interpretations and goodfaith reliance on professional advice, if it isreasonable and documented, are defensible. Theold adage applies here: “You can’t get something

for nothing”...or keep it...very long...anymore.Free advice might well be worth what you payfor it; competent legal and financial counsel canbe invaluable.

The best remedies for these vulnerabilities arecorporate compliance programs. These programsprovide the best defense against allegations basedupon a physician’s intent to defraud, and the bestsupport for an argument for mitigation of aphysician’s culpability based on his/her professionof having acted in good faith. They are meansby which an entity, including a doctor’scorporation, may take affirmative steps to preventand detect illegal, unethical or abusive conductwithin an organization.

There are a number of additional reasons that aphysician would want to maintain an effectivecompliance program. First, it is the right thingto do and it helps to maintain the trust of thecommunity. It is an opportunity to self-correctand to reduce the likelihood of wrongful conductand innocent mistakes. It will reduce thelikelihood of persons in your practice being foundto have acted with criminal intent or recklessdisregard for the law and, and it will help younegotiate with the government from a position ofstrength to avoid mandated integrity agreements.In sum, corporate compliance programs help tomaintain the financial stability of your practiceand protect your license and your practice fromjeopardy.

There are seven basic elements to an effectivephysician practice compliance plan:

1. One person must be designated oversightresponsibility. This person is usually thedoctor, but the task can be delegated to anoffice manager.

2. Develop a code of conduct, policies andprocedures that express, in writing, thecommitment to compliance.

3. Establish a simple reporting procedure.4. Establish documented education and training

programs, focusing on the code, policies, andprocedures, for all corporate personnel.

5. Establish monitoring and auditing proceduresto regularly review the business and clinical

Fraud & Abuse (cont.)


More than 90 million Americans have limitedhealth literacy skills – ranging from difficulty inreading prescription labels to following aphysician’s instructions for follow-up care. Theproblem also affects seniors and other patientswho have difficulty hearing and seeing but mayfeel embarrassed or ashamed to ask questions.“As physicians, we should ask patients to ‘showus’ or ‘teach back’ to us how they are supposed totake their medications, what diet they aresupposed to follow, how often they shouldexercise,” said Mark Williams, M.D., a healthliteracy researcher and association professor ofmedicine at Emory University School of Medicine.

To increase awareness, the AMA Foundationsignature program, “Partnership in Health –Improving the Patient-Physician RelationshipThrough Health Literacy, “ hopes to mobilize thephysician community to combat low healthliteracy. Physicians were encouraged to reviewthe AMA Foundation’s Health Literacy Kit tobetter educate themselves and their staffs.

The health literacy kit is a medical education self-

activities of the practice.6. Develop a response, correction and

prevention policy.7. Develop a statement of enforcement

standards and a schedule of disciplinaryaction engaging in fraudulent or abusivepractices or for failure to report incidents ofsuch behavior. Conversely, one may alsoconsider an incentive program that rewardsemployees who spot, correct and avoidsituations problematic for your practice.

The above elements may appear complex anddaunting, but they may be scaled somewhat tothe size of your practice. At some level, however,they may be invaluable. Should you find yourselfacross the table from a U.S. Attorney, this couldbe your best defense against allegations of fraudor abuse, and the loss of your license.u

AMA Offers Health LiteracySelf-Study Program

study program that helps illustrate how literacyproblems extend across racial, educational andsocioeconomic backgrounds. The kit, which isavailable for $25, contains:§ A video presenting a series of vignettes of

individuals affected by low health literacy§ Health Literacy: Report of the AMA Council

on Scientific Affairs§ Fact Sheets on Health Literacy§ Discussion Guide with a Physician Feedback

Survey§ Questionnaire for CME credit (up to 2 hours

Category I credit)

To order a copy of the Health LiteracyIntroductory Kit, e-mail AMA staffer JoanneSchwartzberg at [email protected] or call the AMA at 312-464-5563.u

CD-ROM Offers Free CME

A new CD-ROM produced by the OhioDepartment of Health’s Breast and CervicalCancer Project, “Cultural Competence in BreastCancer Care,” aims at improving culturalcompetence in clinical practice.

Noting that the Liaison Committee on MedicalEducation (LCME) has recently adoptedstandards for cultural diversity in medicaleducation, ODH is recommending the CD-ROMas an educational tool for training programdirectors, residents, and undergraduate medicalstudents. ODH also points to plans by theNational Board of Medical Examiners (NBME)to place a greater emphasis on diversity issues inits licensure examinations. The AccreditationCouncil on Graduate Medical Education(ACGME) and the Council on Graduate MedicalEducation (COGME) are developing similarguidelines for residency programs, ODH says.

The free interactive CD-ROM offers up to fivehours of Category I Continuing MedicalEducation. To obtain a copy, or for moreinformation, contact Olga Alvarez-Ott byphone at (614)728-2177 or via e-mail [email protected]


STATEHOUSE SUMMARY

The following summary offers you, as a Medical Board licensee, a look at changes in Ohio law thatmay affect your practice. Because this summary is not all-inclusive, we encourage you to periodicallyreview relevant portions of the Ohio Revised Code (statutes) and Ohio Administrative Code (rules) tokeep your knowledge and understanding of Ohio regulatory law up-to-date. Changes in the law areregularly noted on the Medical Board’s website at www.state.oh.us/med/; you may also wish to consultyour state and local professional associations for further information.

House Bill 90 - Alternative MedicalTreatments

This bill enacted Section 4731.227 of theRevised Code to specify that physicianslicensed by the State Medical Board may usealternative medical treatments wheninformed consent has been obtained and thetreatment meets the standards enforced bythe Board pursuant to Revised Code Section4731.22.

HB 90 created Section 4731.227 of the MedicalPractices Act (Chapter 4731., O.R.C.), which readsas follows:

An individual authorized to practice medicine andsurgery or osteopathic medicine and surgery may usealternative medical treatments if the individual hasprovided the information necessary to obtain informedconsent from the patient and the treatment meetsthe standards enforced by the state medical boardpursuant to section 4731.22 of the Revised Code andany rules adopted by the board.

As used in this section, “alternative medicaltreatment” means care that is complementary to ordifferent from conventional medical care but isreasonable when the benefits and risks of thealternative medical treatment and the conventionalmedical care are compared.

House Bill 585 - Telemedicine

This bill enacted Sections 4731.053 and4731.296 of the Revised Code to specify thatthe practice of medicine in this state

includes certain activities performed inperson or through the use of any com-munication, including oral, written, orelectronic communication, to establishrequirements for obtaining a telemedicinecertificate, to modify the exceptions to thelaw governing physician licensure, torequire the adoption of rules regarding theauthority of optometrists to delegate theperformance of optometric tasks, toauthorize physical therapists and athletictrainers to apply topical prescription drugs,and to change references in statutesgoverning the practice of medicine from“podiatry” to “podiatric medicine andsurgery.”

Pertinent sections of the Medical Practices Act(Chapter 4731., O.R.C.) created or revised by HB585appear below.

Section 4731.34 Unauthorized practice of medicine,surgery or podiatry.

(A) A person shall be regarded as practicing medicineand surgery, osteopathic medicine and surgery, orpodiatric medicine and surgery, within the meaningof this chapter, who does any of the following:

(1) Uses the words or letters, “Dr.,” “Doctor,”“M.D.,” “physician,” “D.O.,” “D.P.M.,” or anyother title in connection with the person’s namein any way that represents the person as engagedin the practice of medicine and surgery,osteopathic medicine and surgery, or podiatricmedicine and surgery, in any of its branches;


(2) Advertises, solicits, or represents in any waythat the person is practicing medicine andsurgery, osteopathic medicine and surgery, orpodiatric medicine and surgery, in any of itsbranches;

(3) In person or, regardless of the person’slocation, through the use of any communication,including oral, written, or electroniccommunication, does any of the following:

(a) Examines or diagnoses for compensationof any kind, direct or indirect;

(b) Prescribes, advises, recommends,administers, or dispenses for compensationof any kind, direct or indirect, a drug ormedicine, appliance, mold or cast, application,operation, or treatment, of whatever nature,for the cure or relief of a wound, fracture orbodily injury, infirmity, or disease.

(B) The treatment of human ills through prayer aloneby a practitioner of the Christian Science church, inaccordance with the tenets and creed of such church,shall not be regarded as the practice of medicine,provided that sanitary and public health laws shallbe complied with, no practices shall be used that maybe dangerous or detrimental to life or health, and noperson shall be denied the benefits of accepted medicaland surgical practices.

(C) The use of words, letters, or titles in any connectionor under any circumstances as to induce the beliefthat the person who uses them is engaged in thepractice of medicine and surgery, osteopathic medicineand surgery, or podiatric medicine and surgery, inany of its branches, is prima-facie evidence of theintent of such person to represent the person asengaged in the practice of medicine and surgery,osteopathic medicine and surgery, or podiatricmedicine and surgery, in any of its branches.

Section 4731.053 Rules for physician’s delegation ofmedical task

(A) As used in this section, “physician” means anindividual authorized by this chapter to practicemedicine and surgery, osteopathic medicine andsurgery, or podiatric medicine and surgery.

(B) The state medical board shall adopt rules that

establish standards to be met and procedures to befollowed by a physician with respect to the physician’sdelegation of the performance of a medical task to aperson who is not licensed or otherwise specificallyauthorized by the Revised Code to perform the task.The rules shall be adopted in accordance with Chapter119. of the Revised Code.

(C) To the extent that delegation applies to theadministration of drugs, the rules adopted under thissection shall provide for all of the following:

(1) On-site supervision when the delegation occursin an institution or other facility that is usedprimarily for the purpose of providing health care,unless the board establishes a specific exceptionto the on-site supervision requirement withrespect to routine administration of a topical drug,such as the use of a medicated shampoo;

(2) Evaluation of whether delegation is appropriateaccording to the acuity of the patient involved;

(3) Training and competency requirements thatmust be met by the person administering thedrugs;

(4) Other standards and procedures the boardconsiders relevant.

(D) The board shall not adopt rules that do any of thefollowing:

(1) Authorize a physician to transfer thephysician’s responsibility for supervising a personwho is performing a delegated medical task to ahealth professional other than another physician;

(2) Authorize an individual to whom a medicaltask is delegated to delegate the performance ofthat task to another individual;

(3) Except as provided in divisions (D)(4) to (8) ofthis section, authorize a physician to delegate theadministration of anesthesia, controlledsubstances, drugs administered intravenously, orany other drug or category of drug the boardconsiders to be inappropriate for delegation;

(4) Prevent an individual from engaging in anactivity performed for a handicapped child as aservice needed to meet the educational needs ofthe child, as identified in the individualized


education program developed for the child underChapter 3323. of the Revised Code;

(5) Prevent delegation from occurring pursuantto section 5126.356 of the Revised Code withinthe programs and services offered by a countyboard of mental retardation and developmentaldisabilities;

(6) Conflict with any provision of the Revised Codethat specifically authorizes an individual toperform a particular task;

(7) Conflict with any rule adopted pursuant tothe Revised Code that is in effect on the effectivedate of this section, as long as the rule remainsin effect, specifically authorizing an individual toperform a particular task;

(8) Prohibit a perfusionist from administeringdrugs intravenously while practicing as aperfusionist;

(9) Authorize a physician assistant,anesthesiologist assistant, or any otherprofessional regulated by the board to delegatetasks pursuant to this section.

*

With respect to the telemedicine certificate,applicants must complete the same licensureforms and meet the same requirements asapplicants for full licensure, with a fewnotable exceptions. To be eligible for atelemedicine certificate, the applicant musthold a current unrestricted license in otherstates in which that applicant is alreadylicensed. In addition, to be eligible for licensurerenewal, the holder of a telemedicinecertificate shall certify to the boardcompliance with the continuing medicaleducation requirements of the state in whichthe holder’s principal place of practice islocated. Please note that if you hold a fulllicense to practice medicine in Ohio, you maypractice “telemedicine” without holding a“telemedicine certificate.”

4731.296 Telemedicine certificate.

(A) For the purposes of this section, “the practice oftelemedicine” means the practice of medicine in this

state through the use of any communication, includingoral, written, or electronic communication, by aphysician located outside this state.

(B) A person who wishes to practice telemedicine inthis state shall file an application with the statemedical board, together with a fee in the amount ofthe fee described in division (D) of section 4731.29 ofthe Revised Code, the board may issue, withoutexamination, a telemedicine certificate to a personwho meets all of the following requirements:

(1) The person holds a current, unrestricted licenseto practice medicine and surgery or osteopathicmedicine and surgery issued by another state thatrequires license holders to complete at least fiftyhours of continuing medical education every twoyears.

(2) The person’s principal place of practice is inthat state.

(3) The person does not hold a certificate issuedunder this chapter authorizing the practice ofmedicine and surgery or osteopathic medicine andsurgery in this state.

(4) The person meets the same age, moral character,and educational requirements individuals mustmeet under sections 4731.08, 4731.09, 4731.091[4731.09.1], and 4731.14 of the Revised Code and, ifapplicable, demonstrates proficiency in spokenEnglish in accordance with division (E) of section4731.29 of the Revised Code.

(C) The holder of a telemedicine certificate may engagein the practice of telemedicine in this state. A personholding a telemedicine certificate shall not practicemedicine in person in this state without obtaining aspecial activity certificate under section 4731.29.4 ofthe Revised Code.

(D) The board may revoke a certificate issued underthis section or take other disciplinary action againsta certificate holder pursuant to section 4731.22 of theRevised Code on receiving proof satisfactory to theboard that the certificate holder has engaged inpractice in this state outside the scope of the certificateor that there are grounds for action against the holderunder section 4731.22 of the Revised Code.

(E) A telemedicine certificate shall be valid for a periodspecified by the board, and the initial renewal shall


be in accordance with a schedule established by theboard. Thereafter, the certificate shall be valid fortwo years. A certificate may be renewed on applicationof the holder. To be eligible for renewal, the holder ofthe certificate shall do both of the following:

(1) Pay a fee in the amount of the fee described indivision (B)(1) of section 4731.281 of the RevisedCode;

(2) Certify to the board compliance with thecontinuing medical education requirements of thestate in which the holder’s principal place of practiceis located. The board may require a random sampleof persons holding a telemedicine certificate tosubmit materials documenting completion of thecontinuing medical education requirementsdescribed in this division.

(F) The board shall convert a telemedicine certificateto a certificate issued under section 4731.29 of theRevised Code on receipt of a written request from thecertificate holder. Once the telemedicine certificateis converted, the holder is subject to all requirementsand privileges attendant to a certificate issued undersection 4731.29 of the Revised Code, includingcontinuing medical education requirements.

*

With respect to the new delegation statutefound in Ohio Revised Code Section4731.053, the Board will likely be in themidst of the Chapter 119. administrativerule-making process by the time youreceive this publication. The rules are toestablish standards to be met andprocedures to be followed by a physicianwith respect to the physician’s delegationof the performance of a medical task to aperson who is not licensed or otherwisespecifically authorized by the Revised Codeto perform the task. It is anticipated thatthe Board will look to its own positionstatement on “Delegation of Medical Tasks”(please see the Board’s website atwww.state.oh.us/med/delegate) as well asspecific guidelines set forth in statute whendrafting initial rules in this area.

Current and proposed Medical Board rulesare available on the Board’s website atwww.state.oh.us/med/rules/.u

Section 4731.281 of the Ohio Revised Codeauthorizes the State Medical Board to enforcerequirements for Continuing Medical Education(CME):

…each person holding a certificate underthis chapter to practice medicine andsurgery, osteopathic medicine and surgery,or podiatry shall certify to the statemedical board that in the preceding twoyears the person has completed onehundred hours of continuing medicaleducation.

The Board further maintains the authority torecognize broad classes of acceptable CMEactivities and mandates completion of numbersof hours in different categories per registrationperiod. The Board’s Allopathic CME Bookletdefines acceptable Category 1 activities as follows:

Category 1 activities are planned,structured activities offered by anorganization accredited as a sponsor ofCME by the OSMA, the AccreditationCouncil for Continuing Medical Education(ACCME) or any other State MedicalAssociation recognized as an accreditor bythe ACCME, which has designated thateducation for AMA PRA Category 1 credit.These learning activities may be in theform of lectures, seminars, or workshopsor may be based on self-assessmentprograms or audiovisual or computermaterials.

In July 2000, the Board approved changes to itsCME requirements to make them consistent withthe AMA’s Physician’s Recognition Award (PRA)requirements. Those changes are as follows:

First, recognizing the increasing sophisticationand efficacy of multimedia and computer-aided

Board Action: New Optionsfor Allopathic CME

see CME on page 12


instruction techniques as applied to CME, the Boardeliminated the 30-hour limit on Category I CMEcredits obtained through multimedia audiovisual self-instruction activities per registration period.Licensees may now earn more than 30 hours ofCategory 1 credit through such programs.

Second, the Board approved the PRA’s upgrading andgranting Category 1 credits for a number of additionalactivities.

1. Authoring an article published in peerreviewed journals (i.e., journals listed in theIndex Medicus): 10 credits for each article, 1article per year.

2. Presenting a poster designated for A.M.A.PRA Category 1 credit: 5 credits perpresentation, 1 presentation per year.

3. Presenting a lecture designated for A.M.A.PRA Category 1 credit: 2 credits for each hourof lecture, a maximum of 10 credits per year.

4. Achieving and maintaining a specialtyboard certification: 25 credits.

5. Earning a medically-related degree, suchas a Master’s in Public Health: 25 credits.

The Board further sought to clarify several of theseactivities. In #4, “achieving and maintaining aspecialty board certification” means that the act ofachieving certification earns 25 credits in the CMEperiod in which the certification is obtained, and theact of achieving recertification earns 25 credits in theperiod in which recertification is obtained. The merestatus of certification in subsequent periods is notsufficient to earn CME credits. Similarly, in #5, alicensee may earn 25 CME credits for the period inwhich a medically-related degree is conferred, butmay not receive CME credits for pursuing that degree.

Continuing Medical Education is not merely arequirement for license renewal, it is essential formaintaining high standards of patient care. Youshould embrace the opportunity presented by the CMErequirement to expand your knowledge, enhance yourskills, and serve well your patients and the profession.

CME (cont.)

STATE MEDICAL BOARD OF OHIODISCIPLINARY ACTIONS

August 2000 - March 2001

ANDREJIC, Anthony (MD training cert. #1637) - ClevelandVoluntary Surrender - Permanent revocation of trainingcertificate authorized by doctor in lieu of formaldisciplinary proceedings based on his pleas of guilty tofelony counts of Aggravated Trafficking in Drugs andPossession of Drugs. Effective 1/25/01.

BAMBRICK, William S., III (MD #43889) – Williston, NDBoard Order - Doctor reprimanded based on prior actionagainst his North Dakota license by that state’s medicalboard, which was itself based on doctor’s admissionthat he had failed to reveal on a license renewalapplication that his clinical privileges at a medical facilityin Florida had been summarily suspended. Ordermailed 2/28/01; Order effective 2/28/01.

BEEHLER, Gary Andrew (DO #5162) - Yakima, WABoard Order - Medical license permanently revoked

based on doctor having been found guilty of two felonycounts of Computer Crime, the acts underlying whichinvolved his accessing of sexually explicit internet sitesby use of a hospital computer on which he had, withoutauthorization, installed a modem and software; and prioraction against his Oregon and Washington medicallicenses based on conduct underlying the abovecriminal convictions. (Journal Entry - no hearingrequested) Order mailed 8/10/00; Order effective8/10/00.

BIRDSONG, Edward Miles (DO #3450) - YoungstownBoard Order - Application for restoration of Ohio medicallicense granted, subject to probationary terms,conditions, and limitations for a period of at least fiveyears. Based on prior action against doctor’s New Yorkmedical license following findings, based on a review ofsix cases, that doctor had practiced with negligence,

http://www5.state.oh.us/med/license/Results2.asp?SKey=57001637





gross negligence, incompetence and grossincompetence on more than one occasion. Ordermailed 11/13/00; Order effective 11/13/00.

BOSACK, Douglas Paul (MD #48959) - BeavercreekReinstatement – Doctor’s request for reinstatementgranted by vote of the Board on 1/10/01, subject toprobationary terms established by 12/8/99 Board Order.

BRANT, Gregory Charles (DO #3654) - MadisonBoard Order - Permanent revocation of medical licensestayed, subject to suspension for at least thirty days;conditions for reinstatement and subsequentprobationary terms, conditions and limitations for atleast three years established. Based on doctor’s plea ofguilty to two misdemeanor counts of Obstructing OfficialBusiness, the acts underlying which involved hisalteration of patient records that in turn impeded aninvestigation by the Ohio Bureau of WorkersCompensation. Order mailed 9/28/00; Order effective10/29/00. NOTE: doctor authorized by Board to beginsuspension period on October 14, 2000.

BROCK, David Todd (DO #7161) - ColumbusConsent Agreement - Medical license suspended for atleast 30 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmissions that he failed to advise Medical Board onlicensure application that he had plead guilty to amisdemeanor count of driving under the influence; andthat he was evaluated for chemical dependency at therequest of his residency program and underwentinpatient assessment. Agreement effective 11/9/00.

CASTEN, Timothy L. (PA #322) - EuclidBoard Order - Physician assistant’s certificate ofregistration permanently revoked based on his havingprescribed dangerous drugs and/or controlledsubstances to two specified patients without receivingspecific authorization from his supervising physician orany other physician; and P.A.’s plea of guilty to one felonycount of Illegal Processing of Drug Documents. Ordermailed 12/8/00; Order effective 12/8/00. Board Order -Physician assistant’s certificate of registrationpermanently revoked based on his having called inprescriptions for dangerous drugs for himself withoutreceiving specific authorization from a physician to doso, in violation of his supervision agreement; and hiscontinued practice as a P.A. after the expiration of hiscertificate. (Journal Entry - no hearing requested) Ordermailed 2/15/01; Order effective 2/15/01.

CHAPMAN, Thomas M., Jr. (MD #31744) - Fallbrook, CAVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinary

proceedings pursuant to Section 4731.22(B)(9), O.R.C.,which authorizes Board to take action based on a felony;and Section 4731.22(B)(22), O.R.C., which authorizesBoard to take action based on prior action by anotherstate medical board. Effective 12/5/00.

CLARK, Kevin Robert (MD #58506) - BeavercreekConsent Agreement - Medical license restored subjectto probationary terms, conditions and limitations basedon doctor’s admitted history of alcohol and poly-substance abuse; his abstinence from use of illicitdrugs and alcohol since 2/98; and reports from twoBoard-approved treatment providers indicating thatdoctor has been deemed capable of practicingaccording to acceptable and prevailing standards of carewith appropriate monitoring. Agreement effective9/13/00; agreement to remain in effect for a minimum ofeight years prior to any request for termination.

DAIBER, Robert Raymond (MD #64194) - SylvaniaPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor having been found eligiblefor intervention in lieu of conviction of Illegal Processingof Drug Documents. Notice mailed 10/12/ 00. ConsentAgreement - Medical license suspended for at least sixmonths; interim monitoring conditions and conditions forreinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’s pleaof guilty to one felony count of Illegal Processing of DrugDocuments, for which he was found eligible forintervention in lieu of conviction; the acts underlying thatconviction, which included the doctor’s writing of acontrolled substance prescription using a false patientname and attempting to fill it for his own use; hisissuance and cashing of prescriptions using falsepatient names on other specified occasions; and hisdiagnoses during outpatient treatment of alcoholdependence, opiate dependence (in early fullremission), cannabis abuse and anxiolytic abuse.Agreement effective 11/9/00.

DAVIES , Brian W. (MD #49895) - AkronPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor having been found guilty of18 felony counts of Aggravated Trafficking in Drugs.Notice mailed 2/15/01; suspension effective uponservice of notice on 2/16/01. (NOTE: doctor’s licensealready suspended pursuant to 10/13/99 consentagreement.)

DAVIS, Robert Stuart (PA #1510) - Cuyahoga FallsConsent Agreement - Certificate of registration topractice as a physician assistant granted, subject toreprimand. Based on P.A.’s admission that he

DISCIPLINARY ACTIONS AUGUST 2000 - MARCH 2001











functioned as a P.A. in the course of his employmentprior to being properly registered to do so. Agreementeffective 8/9/00.

DE LA FLOR, Richard (MD #47505) - ToledoBoard Order - Permanent revocation of medical licensestayed, subject to indefinite suspension; interimmonitoring conditions, conditions for reinstatement, andsubsequent probationary terms, conditions, andlimitations for at least five years established. Based onimpairment of ability to practice due to drug and/oralcohol abuse; and improper possession of anunlabeled controlled substance. Order mailed 8/11/00;Order effective 8/11/00.

DEAN, Orval (MD #54702) - PiketonVoluntary Surrender - Doctor’s permanent voluntarysurrender of medical license accepted by Board in lieuof formal disciplinary proceedings based on prior actionby Washington State’s medical board following itsfindings that doctor had engaged in unprofessionalconduct by sexually molesting his nieces and a nephew,with whom he had a physician-patient relationship.Effective 12/5/00.

DHILLON, Robin Kanwar (MD #78887) - MedinaConsent Agreement - Medical license granted subject toconditions, including permanent limitation andrestriction prohibiting doctor from performing surgery ofany type or assisting in any surgical procedure. Basedon doctor having been diagnosed with multiple sclerosisand the opinion of his neurologist that, although he isunable to practice as a surgeon, his is able to practice insituations that conform to his physical disabilities.Agreement effective 12/13/00; agreement may beamended or terminated upon agreement of the partiesafter one year.

DODD, Larry Allen (MD #39491) - Wheeling, WVBoard Order - Doctor reprimanded based on prior actionhis West Virginia license by that state’s medical boardfollowing its findings that doctor had engaged inunprofessional conduct by not properly informing apatient prior to performing surgery that he hadterminated his contract with her insurance carrier.(Journal Entry - no hearing requested) Order mailed12/14/00; Order effective 12/14/00.

DOUGHERTY, David Andrew (DO #6330) – AkronConsent Agreement - Medical license suspended for atleast thirty days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed with alcoholdependence, major depression, opioid dependence,and cannabis dependence; and that he has sought

treatment through a Board-approved provider.Agreement effective 3/14/01; suspension eff. 3/24/01.

EASTBURN, Timothy D. (PA #1021) - Casselberry, FLBoard Order - Physician assistant’s certificate ofregistration permanently revoked based on prior actionagainst physician assistant’s South Carolina license bythat state’s medical board due to (1) his having beenconvicted of sixteen felony counts of Acquiring orAttempting to Acquire Possession of ControlledSubstances by Misrepresentation, Fraud, Forgery,Deception, or Subterfuge; and (2) his failure to providecomplete and accurate information on his SouthCarolina licensure application pertaining to previousarrests and employment. Order mailed 12/14/00; Ordereffective 12/14/00.

FIEGENSCHUH, William Harold, Jr. (MD #37859) - AllianceBoard Order - Permanent revocation of medical licensestayed, subject to indefinite suspension for at least twoyears; interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,conditions, and limitations for at least seven yearsestablished. Based on violation of conditions oflimitation imposed on license by 3/15/96 consentagreement, and impairment of ability to practice due tomultiple alcohol relapses. Order mailed 8/25/00; Ordereffective 8/25/00.

FIEDLER, Benjamin Paul (MD #78888) - ColumbusConsent Agreement - Medical license granted subject tolimitation restricting doctor from practicing obstetricswithout successful completion of post-graduate trainingprogram of at least three months; and subject toprobationary terms for at least one year. Based on prioraction against doctor’s Texas license by that state’smedical board following suspension of doctor’s hospitalprivileges as the result of an investigation of a singleobstetrical patient case. Agreement effective 12/13/00.

FLEMING, James E. (MD #29707) - East ClevelandPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., doctor’s medical licenseimmediately suspended based on his having beenfound guilty of two felony counts of Possession of Drugs;one felony count of Deception to Obtain DangerousDrugs; and two felony counts of Illegal Processing ofDrug Documents. Notice mailed 12/14/00.

FORD, Donald Brooks (MD #74884) - SolonConsent Agreement - Medical license indefinitelysuspended; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmitted history of alcohol dependence and relapse, forwhich he has sought treatment through a board-













approved provider; and doctor’s admission that he wasfound guilty in 5/20 of Disorderly Conduct after first beingcharged with Intoxication, and that he is now under courtsupervision relative to a pending charge of Assault.Agreement effective 10/11/00. Consent Agreement -Medical license reinstated subject to probationary terms,conditions and limitations based on doctor having beendeemed capable of practicing according to acceptableand prevailing standards of care provided that treatmentand monitoring requirements are in place. Agreementeffective 2/14/01; agreement to remain in effect for atleast five years prior to any request for termination.

FOX, Jeffrey Thomas (MT #5796) - ColumbusBoard Order - Application for restoration of massagetherapy license denied based on massage therapist’scontinued practice after his license had lapsed due tonon-renewal; and his failure to cooperate with a MedicalBoard investigation. (Journal Entry - no hearingrequested) Order mailed 10/12/00; Order effective10/12/00.

FUCHS , Victor Emil (MT #5557) - ColumbusVoluntary Surrender - Massage therapist’s permanentvoluntary surrender of certificate accepted by Board inlieu of formal disciplinary proceedings based on M.T.’sadmission that he was charged with two counts ofSexual Imposition, which charges were subsequentlyamended to one third degree misdemeanor count ofCriminal Mischief to which he pled guilty. Eff. 12/6/00.

GADEK, James E. (MD #48075) - ColumbusBoard Order - Medical license revoked based ondoctor’s failure to comply with conditions of limitationimposed on his license by 7/8/98 Board Order due toadmitted relapse, failure to submit certain requireddocumentation, and failure to appear for probationaryconferences. (Journal Entry - no hearing requested)Order mailed 9/14/00; Order effective 9/14/00.

GALL, Ronald Marcel (MD #42178) - CincinnatiConsent Agreement - Doctor reprimanded; probationaryterms, conditions and limitations imposed for at leastone year. Based on doctor’s failure to record controlledsubstance prescriptions issued to two specifiedpatients; and failure to comply with Medical Board rulesgoverning utilization of controlled substances for weightloss. Agreement effective 9/13/00.

GILLIAM , David Thomas (MD #38060) - Marion, ILCourt Action - By Decision and Entry rendered 11/21/00,Franklin County Court of Common Pleas affirmedBoard’s 11/17/99 suspension Order.

HALLE, Mark Thomas (MD #58051) - ColumbusConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations basedon doctor having been deemed capable of practicing

according to acceptable and prevailing standards of carewith appropriate treatment and monitoring. Agreementeffective 10/11/00; agreement to remain in effect for atleast five years prior to any request for termination.

HAMADEH, Mazen B. (MD #73816) - Orlando, FLCourt Action - By Decision and Entry filed 10/11/00,Franklin County Court of Common Pleas dismisseddoctor’s appeal based on his failure to exhaustadministrative remedies. Notice of appeal to TenthDistrict Court of Appeals filed by doctor on 11/13/00.Court Action - By Journal Entry filed 2/20/01, TenthDistrict Court of Appeals dismissed doctor’s appealbased on his failure to timely file a brief.

HATFIELD, Susan Merkel (PA #1572) - MainevilleConsent Agreement - Certificate of registration topractice as a physician assistant granted subject toreprimand and probationary terms based on physicianassistant’s admission that she had unknowinglypracticed as a physician assistant prior to being properlylicensed to do so. Agreement effective 12/13/00;agreement to remain in effect for a minimum of one yearprior to any request for termination.

HASAN, Nasira Fatima (MD #62453) - Pulaski, WABoard Order - Medical license permanently revokedbased on prior action against doctor’s Virginia medicallicense due to her improper prescribing of controlledsubstances. Order mailed 11/13/00; Order eff. 11/13/00.

HAYES , Mark William (DPM #2092) - ElyriaCourt Action - By Opinion and Entry filed on 9/21/00,Tenth District Court of Appeals affirmed Common PleasCourt’s decision, which had upheld Board’s permanentrevocation Order. Notice of appeal to Ohio SupremeCourt filed by doctor on or about 11/6/00. By Entry filed1/24/01, Ohio Supreme Court declined to acceptjurisdiction of doctor’s appeal. By Entry filed 2/16/01,Tenth District Court of Appeals clarified its 12/3/99 Entryto specify that its stay of Board’s Order terminated uponjournalization of Court of Appeals’ judgment on 9/21/00.

HEAD, Jonathan H. (MD (MD #36158) – MilfordCourt Action - By Decision and Entry filed on 2/14/01,Franklin County Court of Common Pleas grantedMedical Board’s motion to dismiss doctor’s appeal of7/12/00 permanent revocation Order.

HERMAN, Michael Lee (MD #54884) - YoungstownCourt Action - By Opinion and Entry filed on 11/28/00,Tenth District Court of Appeals affirmed decision ofFranklin County Court of Common Pleas, which hadupheld Board’s permanent revocation Order. Notice ofappeal to Ohio Supreme Court filed by doctor on orabout 1/12/01.















HESSLER, Dallas Dan (DO #2471) – Tucker, GABoard Order - Doctor reprimanded based on prioractions by medical boards in Colorado and California,the latter of which was based on a finding by theCalifornia board that doctor had failed to indicate on alicensure application that he knew the Colorado boardwas investigating two complaints involving his practice.Order mailed 2/28/01; Order effective 2/28/01.

HO-A-LIM, Frederick G. (MD #55690) – BeachwoodAutomatic Suspension - Pursuant to determination byJefferson County Child Support Enforcement Agency thatdoctor is in default under a child support order, medicallicense immediately suspended until such time asBoard receives notice from Jefferson County ChildSupport Enforcement Agency that doctor is no longerdetermined to be in default. Notice mailed 3/2/01;suspension effective upon doctor’s receipt of notice on3/12/01.

HOFSTRA, Richard Manville (MD #67160) - ClevelandConsent Agreement - Medical license indefinitelysuspended based on determination, following a Board-ordered evaluation, that doctor suffered from chemicaldependency, for which he underwent treatment through aBoard-approved provider. Agreement effective 9/13/00.Consent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations basedon doctor having been deemed capable of practicingaccording to acceptable and prevailing standards ofcare. Agreement effective 11/9/00; agreement to remainin effect for at least five years prior to any request fortermination.

HUFFNAGLE, Frederic Thomas (MD #26081)Leitchfield,KYVoluntary Surrender - Permanent voluntary surrender ofmedical license accepted by Board in resolution ofrequirements of 10/13/99 Board Order. Doctor ineligibleto reapply in the future. Effective 10/26/00.

JAMES , Justice Harold (DO #895) – Little Egg Harbor, NJJournal Entry - Medical license indefinitely suspended;conditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Order entered due todoctor’s failure to comply with board-ordered exam-ination for possible inability to practice according toacceptable and prevailing standards of care by reason ofmental or physical illness. Order mailed 3/15/01; Ordereffective 3/15/01.

KELKAR, Manohar S. (MD #34365) - SolonVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings pursuant to Section 4731.22(B)(9), O.R.C.,which authorizes Board to take action based on a felony.Effective 11/7/00.

KRESS, Timothy Scott (MD #60555) - BellbrookConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations basedon doctor having been deemed capable of practicingaccording to acceptable and prevailing standards ofcare. Agreement effective 1/10/01; agreement to remainin effect for at least five years prior to any request fortermination.

KRUGLIKOV, Stanislav (MD #74889) - Cuyahoga FallsVoluntary Limitation - Doctor’s voluntary agreement towaive automatic reinstatement of license, which lapsedon 10/1/00 due to his failure to renew, accepted by Boardon 12/11/00 in lieu of formal disciplinary proceedingsbased on doctor’s history of alcohol dependency,treatment and relapse.

KRUMM, Frank Joseph (MD #71800) - ColumbusBoard Order - Medical license permanently revokedbased on based on emergency suspension of doctor’sFlorida medical license following findings that heinappropriately exercised influence in the physician-patient relationship with five female patients for thepurpose of engaging those patients in sexual activity.(Journal Entry - hearing request withdrawn) Ordermailed 12/14/00; Order effective 12/14/00.

KUSHKIN, Alex Leslie (DPM #1427) - ColumbusVoluntary Surrender - Permanent revocation of podiatrylicense authorized by doctor in lieu of formal disciplinaryproceedings based on his plea of guilty to felony countsof Obtaining a Controlled Substance by Misrepresen-tation and Fraud, and Making False Statements Relatingto Health Care Matters. Eff. 1/9/01.

LIANG, Guang (Acupuncture applicant) – Seven HillsConsent Agreement - Certificate of registration topractice acupuncture granted subject to reprimand andprobationary terms, conditions and limitations for atleast three years based on applicant’s admission thathe practiced acupuncture in Ohio from 1994 until 11/00without either a medical license or acupuncturecertificate, and that he used the title “doctor” inconjunction with his name. Agreement effective 3/14/01.

LEVENTHAL, Mitchell W. (MD #36605) – ClevelandConsent Agreement - Probationary terms, conditionsand limitations established based on history of alcoholabuse and dependence, for which he has receivedevaluation and treatment through Board-approvedproviders, who have opined that doctor is capable ofpracticing according to acceptable and prevailingstandards of care. Agreement effective 3/14/01;agreement to remain in effect for at least three yearsprior to any request for termination.

LEVINE, Mark A. (MD #57985) - Lexington, KYBoard Order - Medical license permanently revoked
















based on doctor having been found guilty of one felonycount of Coercion & Enticement and one felony countrelating to possession of child pornography, the actsunderlying which involved his obtaining childpornography via the internet, and his use of the internetto solicit for sexual relations a person he thought wasunder 13 years of age. Order mailed 12/14/00; Ordereffective 12/14/00.

LEWIS, James Pearl (MD #43819) - LimaConsent Agreement - Probationary terms, conditionsand limitations imposed to monitor practice based ondoctor’s admission that his diagnoses includeobsessive-compulsive personality disorder and majordepression, in substantial remission. Agreementeffective 9/13/00; agreement to remain in effect for atleast two years prior to any request for termination.

LILLY, John F., II (MD #64620) - PortsmouthVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings based on his plea of guilty to one felonycount of Engaging in a Pattern of Corrupt Activity.Effective 1/31/01.

LIVINGSTON, Michael Francis (MT #6877) - ClevelandBoard Order - Massage therapy license permanentlyrevoked based on massage therapist’s pleas of guilty toone felony count of Drug Abuse and one felony count ofBurglary. Order mailed 12/14/00; Order eff. 12/14/00.Court Action - Notice of appeal of Board’s 12/13/00revocation Order filed on behalf of massage therapist inFranklin County Court of Common Pleas on or about1/10/01. Notice of dismissal of appeal without prejudicefiled on behalf of massage therapist on 1/26/01.

LOTHES , Eric Williams (MD #55417) - DublinConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations basedon doctor having been deemed capable of practicingaccording to acceptable and prevailing standards ofcare. Agreement effective 10/11/00; agreement toremain in effect for at least five years prior to any requestfor termination.

MAZKALNINS , Norman Andrew (PA # 1509) - ParmaConsent Agreement - Certificate of registration topractice as a physician assistant granted, subject toreprimand. Based on P.A.’s admission that he heldhimself out as a P.A. to patients and other employeesprior to being properly registered. Agreement eff. 8/9/00.

MCCRACKEN, John Willlis, Jr. (DO #1657) - Tucson, AZVoluntary Surrender - Permanent voluntary surrender ofmedical license accepted by Board in resolution ofrequirements of 8/11/99 Board Order. Doctor ineligibleto reapply in the future. Effective 8/7/00.

MCERLEAN, Jeffrey A. (MD #70398) - Farmington Hills, MICourt Action - By Decision and Judgment Entry filed10/11/00, Franklin County Court of Common Pleasdismissed doctor’s appeal of Board’s 12/8/99probationary Order based on doctor’s failure to fileappeal in a timely manner.

MCINTOSH, Michael Stephen (MD #49922) -Parkersburg, WVConsent Agreement - Medical license indefinitelysuspended for at least three months; interim monitoringconditions and conditions for reinstatement established,including requirement that doctor enter into subsequentconsent agreement incorporating probationary terms,conditions and limitations to monitor practice. Based ondoctor’s admission that he voluntarily sought treatmentthrough a Board-approved provider for narcoticdependency; and that he had ordered hydrocodonesamples for his own use. Agreement effective 10/11/00.

MINOR, David Cragar (MD #49411) - Lawton, OKConsent Agreement - Probationary terms, conditionsand limitations imposed based on doctor’s admissionthat he has been diagnosed with and received treatmentand/or evaluation for bipolar disorder, major depressivedisorder and attention deficit disorder; and on opinion ofBoard-approved evaluator that doctor is amenable totreatment and is able to practice according to acceptableand prevailing standards of care with appropriatetreatment and monitoring. Agreement eff. 9/13/00;agreement to remain in effect for a minimum of fiveyears prior to any request for termination.

MUNOZ, Cayetano Sanchez (MD #33007) - Phoenix, AZBoard Order - Probationary terms, conditions andlimitations imposed for at least four years based on prioraction against doctor’s Arizona medical licensemandating his completion of a mini-residency in airwaymanagement, and subsequent action due to his failureto comply with required supervision requirementfollowing that training. Order mailed 10/13/00; Ordereffective 10/13/00.

NEUFELD, Elliott Lance (DO #2380) - ColumbusBoard Order - One year suspension of medical licensestayed, subject to thirty day suspension and subsequentprobationary terms, conditions, and limitations for atleast three years. Based on doctor’s plea of guilty infederal court to one felony count of Knowingly andWillfully Presenting False Claims, the acts underlyingwhich involved his having made fraudulent claims toMedicare & Medicaid. Ordered mailed 12/8/00; Ordereffective 1/7/01.

OHIO COLLEGE OF MASSOTHERAPY/Jeffrey ScottMorrow, President – AkronConsent Agreement - School’s certificate of goodstanding renewed effective 12/7/98, subject to














probationary terms, conditions and limitations. Basedon school’s violation of Medical Board rules due tofailure to issue transcripts to some students uponappropriate request and attempting to unilaterally alterterms of enrollment agreement. Agreement effective3/14/01; agreement to remain in effect for at least oneyear prior to any request for termination.

PATEL , Sharadchandra B. (MD #51693) - Saginaw, MIReinstatement - Doctor’s request for reinstatementgranted by vote of the Board on 8/9/00, effective 8/26/00,subject to probationary terms set forth in 8/11/99 BoardOrder.

PIRNIA, Abdolvahab aka A. Steven Pirnia (MD #32188) -Temecula, CABoard Order - Medical license permanently revokedbased on doctor’s failure to advise Ohio Board onlicense renewal applications that he had been foundguilty of a misdemeanor count of disobeying a courtorder and that action had been initiated against him byCalifornia’s medical board. Order mailed 10/13/00;Order effective 10/13/00. Board Order - Medical licensepermanently revoked based on the revocation of doctor’sCalifornia license by that state’s medical board followingits finding that doctor engaged in multiple acts of grossnegligence in his practice of cosmetic surgery. Ordermailed 12/14/00; Order effective 12/14/00.

PRATT-HARRINGTON, Dale (DO #6970) – AthensConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations basedon doctor having been deemed capable of practicingaccording to acceptable and prevailing standards of careprovided that treatment and monitoring requirements arein place; and on doctor’s admission that he plead guiltyto and was granted treatment in lieu of conviction of twofelony counts of Theft of Drugs and two felony counts ofIllegal Processing of Drug Documents, the actsunderlying which were the basis for doctor’s 10/99consent agreement. Agreement effective 2/14/01;agreement to remain in effect for at least five years priorto any request for termination.

PROCTER, David H. (MD #41745) - South Shore, KYBoard Order - Medical license indefinitely suspended;conditions for reinstatement and subsequentprobationary terms, conditions, and limitations for atleast five years established. Based on an EmergencyOrder of Suspension of doctor’s Kentucky license by thatstate’s medical board in which that board found thatprobable cause had been established to believe thatdoctor had engaged in sexual activity with three patientsduring office visits; that a consultant who reviewed morethan 60 patient charts had concluded that doctordeparted from acceptable medical standards; and thatdoctor had been told to refrain from practice due to

impairment of brain functions as a result of a head injury.Order mailed 11/13/00; Order effective 11/13/00.

RAVENSCRAFT , Sylvester Dale (DO #1490) - LynchburgPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor having been found guilty ofthree felony counts of Trafficking in Drugs. Noticemailed 10/12/00. Voluntary Surrender - Permanentrevocation of medical license authorized by doctor in lieuof formal proceedings based on his admission that hehad been found guilty of one felony count of InsuranceFraud and three felony counts of Trafficking in Drugs, theacts underlying which involved his making claims forpayment from an insurance carrier using a primarydiagnosis code that did not reflect the actual servicesrendered and his inappropriate prescribing and/ordispensing of diet medications; and that his applicationfor re-registration by Kentucky’s medical board had beendenied due to his failure to admit on application that hehad been fined by the U.S. Drug EnforcementAdministration for recordkeeping violations related tocontrolled substances. Effective 11/7/00.

RAO, Gopinatha S. H.(MD #36322) - Hornell, NJBoard Order - Application for restoration of medicallicense denied based on applicant’s failure to provideMedical Board with complete and accurate informationpertaining to the immediate suspension of his hospitalprivileges, the grounds for which included his forgery ofrequired documentation of advanced cardiac life supportcertification. (Journal Entry - hearing request untimely)Order mailed 12/14/00; Order effective 12/14/00.

RIZVI, Hil (MD applicant) - Fairmont, WVCourt Action - By Entry filed on 9/26/00, Tenth DistrictCourt of Appeals denied Board’s request forreconsideration of its 7/25/00 Opinion. By Entry filed10/4/00, Ohio Supreme Court granted Board’s motion fora stay of Court of Appeals’ decision. Court Action - ByEntry filed 11/22/00, Ohio Supreme Court declined toaccept jurisdiction of Medical Board’s appeal. By Entryfiled 1/19/01, Franklin County Court of Common Pleasremanded case back to State Medical Board withinstructions to grant application for Ohio medicallicense.

ROBERTS, Handel Jay (MD #76944) - CantonPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor having been found eligiblefor intervention in lieu of conviction of Illegal Processingof Drug Documents. Notice mailed 10/12/00. ConsentAgreement - Medical license suspended for at least oneyear; interim monitoring conditions and conditions forreinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions and











limitations to monitor practice. Based on doctor’s pleaof guilty to eight felony counts of Illegal Processing ofDrug Documents, for which he was granted interventionin lieu of conviction; and his history of treatment forchemical dependency and subsequent relapse.Agreement effective 12/13/00.

ROBERTS, John Adrian (MD #65308) - St. Catherines,Ontario, CanadaBoard Order - Permanent revocation of medical licensestayed, subject to indefinite suspension for at least oneyear; interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,conditions, and limitations for at least five yearsestablished. Based on violation of conditions oflimitation imposed on license by 11/15/99 consentagreement due to doctor’s admitted use of alcohol andcrack cocaine, and submission of unwitnessed urinespecimens on at least five occasions. Order mailed8/11/00; Order effective 8/11/00.

ROLDAN-ROLDAN, Arnaldo (MD #24960) – WestervilleVoluntary Surrender - Doctor’s permanent voluntarysurrender of medical license accepted by Board in lieuof formal disciplinary proceedings based on doctor’sadmission that he prescribed controlled substancesand other dangerous drugs to one patient for a period ofyears without having performed appropriate examinationor maintaining appropriate medcial records. Eff. 2/13/01.

ROLFE, Stephen J. (MD #51023) – ColumbusConsent Agreement - Medical license suspended for atleast nine months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed as opioid andbenzodiazepine dependent; that he wrote prescriptionsin the names of others for his own use and signed thenames of other physicians to prescription forms; that hewas arrested and charged with illegal processing ofdrug documents; and that he has sought treatmentthrough a Board-approved provider. Agreement effective3/14/01.

ROMER, William Anthony (MD #49062) - CentervilleAgeed Cessation of Practice - By Agreed Notice filedon 7/12/00, doctor agreed to cease and refrain frompractice from 8/1/00 through 8/30/00 based on hisadmitted failure to submit to random drug screeningsduring a two week period. Terms of 2/11/99 consentagreement remain in effect. Pre-hearing Suspension -Pursuant to Section 4731.22(G), O.R.C., medical licensesummarily suspended based on Board’s determinationthat there is clear and convincing evidence that doctorviolated conditions of limitation imposed on his licenseby 1/97 consent agreement; that his ability to practice is

impaired; and that his continued practice poses a threatof immediate and serious harm to the public. Noticemailed 2/15/01; suspension effective upon service ofnotice.

ROSSITER, Lawrence J. (DO #1933) - AllianceBoard Order - Permanent revocation of medical licensestayed, subject to suspension for at least 90 days;conditions for reinstatement and subsequentprobationary terms, conditions, and limitations for atleast five years established. Based on doctor havingbeen found guilty in federal court of one felony count offiling a false income tax return, and one misdemeanorcount of failing to file an employer’s quarterly federal taxreturn of federal income taxes withheld from wages ofhis employees. Order mailed 12/14/00; Order effective1/14/ 01. Court Action - Notice of appeal of Board’s12/13/00 suspension Order filed by doctor in FranklinCounty Court of Common Pleas on 12/22/00. ByDecision and Entry filed 1/8/01, Franklin County Court ofCommon Pleas granted doctor’s motion for a stay ofBoard’s 12/13/00 suspension Order.

ROYDER, James Otis (DO #3608) - Bedford, TXApplication Withdrawn - Applicant authorized towithdraw application for restoration of Ohio medicallicensure; permanently ineligible to reapply in the future.Action taken in lieu of further formal disciplinaryproceedings following applicant’s admission that prioraction had been taken against his medical licenses inTexas and Missouri due in part to findings that he hadfailed comply with state and federal drug laws; that hehad failed to provide complete and accurate informationon restoration application pertaining to the Missouriaction; and that action had been taken against hispractice privileges by the U.S. Navy based, in part, oncompetence issues. Effective 10/10/00.

SANDOVAL, Samuel Carmen David (MD # 57689) –MillersburgCourt Action By Decision and Entry filed on 2/7/01,Franklin County Court of Common Pleas affirmedBoard’s 3/8/00 permanent revocation Order.

SCHACHNER, Sheldon Julius (MD #25407) - ToledoVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of further formalproceedings based on his admissions that he had beenfound guilty of two misdemeanor counts of AggravatedMenacing, the acts underlying which involved hispointing a gun at two persons and threatening to shootthem; and that he had been convicted of one felony countof Unlawfully and Recklessly Violating an Order to Obtaina Detailed Chemical and Physical Analysis of aRepresentative Sample of Wastes and one felony countof Recklessly Storing Hazardous Waste, the actsunderlying which involved his failure to comply with anorder by the Ohio Environmental Protection Agency to











have tested and then properly dispose of hazardousmaterials located on his property. Effective 10/10/00.

SCOTT, James H. (DO #6758) - CincinnatiBoard Order - Indefinite suspension of medical licensestayed, subject to probationary terms, conditions andlimitations for at least five years. Based on prior actionagainst doctor’s California license by that state’sosteopathic medical board following findings that hewas guilty of gross negligence and incompetence due tohis having performed major surgery on a co-worker afterworking hours in a non-sterile environment using onlylocal anesthesia, without an anesthesiologist orappropriate medical assistance, without havingappropriate credentials and surgical privileges at thefacility, and without authorization. Order mailed 10/13/00;Order effective 10/13/00.

SENIOR, Mark Edwin (DO #4860) - AkronConsent Agreement - Doctor reprimanded; medicallicense indefinitely suspended based on doctor’sadmitted history of alcohol addiction, for which he isreceiving treatment through a board-approved provider;and based on doctor’s false answer on license renewalapplication to question pertaining to alcoholdependency, abuse and treatment. Agreement effective8/9/00. Consent Agreement - Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care with appropriate treatment andmonitoring. Agreement effective 11/9/00; agreement toremain in effect for at least five years prior to any requestfor termination.

SHEGOG, Don Roy (MD #32127) - CincinnatiBoard Order - One year suspension of medical licensestayed, subject to probationary terms, conditions, andlimitations for at least five years. Based on doctor’sfailure to advise the board on a license renewalapplication that he was under investigation byKentucky’s medical board. Order mailed 12/14/00;Order effective 12/14/00.

SIMON, Richard Shereef (MD applicant) - ToledoBoard Order - Application for training certificatepermanently denied based on doctor’s failure to complywith conditions of limitation imposed on previoustraining certificate by 6/11/99 Board Order. Order mailed12/14/00; Order effective 12/14/00.

SIVASHANKER, Saravana E. (MD #44430) – ColumbusReinstatement - Doctor’s request for reinstatementgranted by vote of the Board on 2/14/001, eff. 2/17/01,subject to probationary terms established by 7/12/00Board Order.

SMARSCH, Robert D. (DO #7543) - Cleveland HeightsConsent Agreement - Medical license granted subject to


probationary terms, conditions and limitations based ondoctor’s history of alcohol dependency, for which hereceived treatment through a Board-approved provider,who has opined that doctor is capable of practicingaccording to acceptable and prevailing standards ofcare. Agreement effective 1/10/01; agreement to remainin effect for a minimum of five years prior to any requestfor termination.

SMITH, Larry Lee (DO #1724) - Canfield VillageBoard Order - Doctor reprimanded based on havingbeen found guilty of 25 first degree misdemeanor countsof Practicing Osteopathy Without a Certificate due to hishaving continued practice after his license lapsed fornon-renewal. Order mailed 9/15/00; Order eff. 9/15/00.Court Action - Notice of appeal of board’s 9/13/00reprimand order filed by doctor with Franklin CountyCourt of Common Pleas on or about 9/28/00.

SMITH, Leonard K. (MD #36580) - KentonCourt Action - By Decision and Judgment Entry on10/17/00, Franklin County Court of Common Pleasaffirmed Board’s 6/9/99 suspension Order. By Decisionand Entry filed 10/19/00, Common Pleas Court granteddoctor’s motion to extend the stay of Board’ssuspension Order, retroactive to 10/2/00. Notice ofappeal to Tenth District Court of Appeals filed by doctoron or about 11/14/00.

ST. AUBYN, Charles Raymond (MT applicant) -ClevelandBoard Order - Application for certificate to practicemassage therapy denied and conditions for futureapplication recommended based on impairment ofability to practice according to acceptable and prevailingstandards of care due to habitual or excessive use orabuse of drugs or alcohol. Order mailed 2/15/01; Ordereffective 2/15/01.

STEPHENSON, Melanie Ann (MD #72154) - GallipolisVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings based on her admissions that she violatedmonitoring conditions imposed on her license by a 9/99consent agreement and that, while her license wassuspended, she telephoned in prescriptions forcontrolled and non-controlled substances in the namesof friends and family members to various pharmaciesfrom 10/99 through 6/00. Effective 1/10/01.

STEWART, Scott T. (PA #926) - GahannaCourt Action - Notice of appeal of Board’s 7/12/00suspension Order filed by physician assistant withFranklin County Court of Common Pleas on 8/10/00. ByDecision filed 10/4/00, Court granted physicianassistant’s motion to withdraw his request for a stay ofBoard’s Order.











SUTTON, James Louis Michael (DPM #1721) -Richmond HeightsVoluntary Surrender - Doctor’s permanent voluntarysurrender of medical license accepted by Board on 12/5/00, in resolution of requirements of 3/10/00 BoardOrder.

SVEDA, Stephen J. (MD #29305) - ZanesvilleBoard Order - Medical license indefinitely suspended;conditions for reinstatement established. Order enteredfollowing finding by medical board that doctor’s failure tocomply with Board-ordered evaluation constituted anadmission to allegations that he was unable to practiceaccording to acceptable and prevailing standards of caredue to habitual or excessive use or abuse of drugs,alcohol, or other substances that impair ability topractice. (Journal Entry) Order mailed 8/10/00; Ordereffective 8/10/00. Consent Agreement - Medical licensereinstated subject to probationary terms, conditions andlimitations based on doctor having been deemedcapable of practicing according to acceptable andprevailing standards of care with appropriate monitoring.Agreement effective 11/9/00; agreement to remain ineffect for at least five years prior to any request fortermination.

SWEENEY, Kevin Thomas (PA applicant) - AkronBoard Order - Application for registration as a physicianassistant denied based on impairment of ability topractice due to drug and alcohol dependency; and prioraction against applicant’s license by Maryland’s medicalboard due to drug and alcohol dependency and relapse.(Journal Entry - no hearing requested) Order mailed12/14/00; Order effective 12/14/00.

THOMAS, Richard Wallace (MD #47608) - MinervaReinstatement - Doctor’s request for reinstatementgranted by vote of the Board on 9/13/00, subject toprobationary terms established by 5/10/00 Board Order.

THOMPSON, Daniel Lee (MD #49547) – ColumbusVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of further formaldisciplinary proceedings based on doctor’s admittedfailure to conform to minimal standards of care due tohis failure to properly examine patients prior toprescribing medication; and failure to comply withMedical Board rules regarding prescribing of controlledsubstances. Effective 8/15/00.

TORE, Joseph Anthony (MD training cert. #2244) – ToledoPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to one felonycount of Illegal Processing of Drug Documents, forwhich he was found eligible for intervention in lieu ofconviction. Notice mailed 3/15/01; suspension effectiveupon doctor’s receipt of notice.

TRUMBO, John Rolla (MD #50813) – Mountain Home, IDConsent Agreement - Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of alcoholism and relapse. Agreement effective2/14/01.

TYMOCHKO, Youra (DO #2110) - CortlandBoard Order - Medical license indefinitely suspended;conditions for reinstatement and subsequentprobationary terms, conditions and limitations for atleast seven years established. Based on doctor’sinability to practice according to acceptable andprevailing standards of care due to mental illness, andon his commission of acts constituting the felonies ofIntimidation and Retaliation by virtue of his havingthreatened and followed a psychiatrist who hadperformed a Board-ordered evaluation to determine ifdoctor was capable of practicing medicine. Ordermailed 9/15/00; Order effective 9/15/00.

VUTLA, Prasad Venkata (MD #43757) - Horseheads, NYVoluntary Surrender - Doctor’s permanent voluntarysurrender of medical license accepted by Board in lieuof formal disciplinary proceedings based on hisadmitted failure to satisfactorily comply with probationaryterms established by 3/8/00 consent agreement.Effective 11/7/00.

WEBB, Deleno H., III (MD #37883) - Huntington, WVCourt Action - By Decision filed 7/12/00, Franklin CountyCourt of Common Pleas granted doctor’s motion for astay of Board’s suspension Order.

WEINER, Ned Elton (MD #77474) - University HeightsConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations basedon doctor having been deemed capable of practicingaccording to acceptable and prevailing standards ofcare. Agreement effective 12/28/00; agreement toremain in effect for at least five years prior to any requestfor termination.

WIERSEMA, Pieter (MD #63381) - IndianapolisApplication Withdrawn - Applicant authorized towithdraw application for restoration of Ohio medicallicensure; permanently ineligible to reapply in the future.Action taken in lieu of further formal disciplinaryproceedings following applicant’s admission that heimproperly provided controlled substances to anundercover police officer and pled guilty to twomisdemeanor counts in Indiana of sale of legend drugnot in good faith; and related prior action againstdoctor’s license by Indiana medical board. Eff. 6/12/00.












WOOD, Dirk Gregory (MD #50320) - SpringfieldPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to 19 felonycounts of Illegal Processing of Drug Documents andone felony count of Possession of Drugs. Notice mailed2/15/01; suspension effective upon service of notice on2/20/01.

YOUNG, Brian Wesley (MD #55268) – CincinnatiConsent Agreement - Medical license suspended for atleast three months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consent

agreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of alcoholism and relapse. Agreement effective2/14/01.

YOUNG, Lawrence Leroy, III (MD #57364) - ToledoBoard Order - Thirty day suspension of medical licensestayed, subject to probationary terms, conditions, andlimitations for at least three years. Based on doctor’splea of guilty in federal court to one felony count ofAttempt to Evade or Defeat Tax, the acts underlying whichinvolved his willful attempt to evade 1995 income tax byfailing to file a return and failing to pay more than$150,000 income tax due. Order mailed 9/15/00; Ordereffective 9/15/00.

And the Survey Said . . .Charles D. Stienecker, MD, Chair, OSMB Pain CommitteeThomas E. Gretter, MD, Chair, Ad Hoc Pain Management Advisory Committee

In October 1997, the Ohio General Assemblypassed Sub. H.B. 187 which addressed care givenby physicians for management of intractable pain.This legislation required the State Medical Boardof Ohio to establish standards and procedures forphysicians regarding the diagnosis and treatmentof intractable pain, including the use ofprescription drugs in amounts or combinationsthat may not be appropriate when treating othermedical conditions. The Medical Board’s painmanagement rules, which contain thesestandards, went into effect on November 11, 1998.

To assess the impact of the Board’s rules on theday-to-day practice of pain management, the AdHoc Pain Management Advisory Committeedeveloped a survey for physicians. Keyrequirements of the Medical Board’s painmanagement rules were described in the surveyquestions. The pilot survey was distributed to300 randomly selected physicians in the followingspecialties: pain management, anesthesia,neurology, neurosurgery, orthopedic surgery,family practice and internal medicine.

Eighty responses (27%) were received. Fifty fourof the 80 respondents indicated that they treat

Disciplinary Actions (cont.)

pain patients, while 26indicated that they do nottreat patients with in-tractable pain. The 54 res-pondents treating painranked the effect of

individual elements of the pain rules on a scaleof 1 to 5, 1 indicating that the element greatlyimpeded their ability to treat pain patients and 5indicating that the element greatly facilitatedtheir ability to provide care. The distribution ofthose rankings appears on page 23.

According to the survey, the four elements thatrespondents found most facilitative in treatingpain were:

§ documentation of assessment of painimpact on patient’s function

§ documentation of physical exam§ documentation of assessment of

coexisting illnesses§ documentation of alcohol/substance

abuse histories

While none of the elements were judged to impedepatient care, those rated least facilitative were:

§ informed consent§ evaluation by appropriate specialist

See Survey on p. 24


Average Ranking per Pain Rule Element

Greatlyimpedes

care1

Slightlyimpedes

care2

No effecton

care3

Slightlyfacilitates

care4

Greatlyfacilitates

care5

Documentation of alcohol/substance abuse histories

Documentation of assessment of pain impact onpatient’s function

Documentation of review of previous studies andtherapies

Documentation of assessment of coexisting illnesses

Documentation of physical exam

Presence of intractable pain

Signs, symptoms and causes

Nature of underlying pain mechanism (if discernable)

Justification for prescribing drugs on a protracted basis,or in amounts of combinations that may not beappropriate when treating other medical conditions

Role of prescription drug therapy within overall plan

Documentation of unsuccessful treatments(if applicable)

Prescription drug therapy

Patient’s response to the therapy

Modifications to treatment plan as necessary

Evaluation by appropriate specialist

Informed Consent

Documentation that therapy is still indicated

Documentation of any drug effects

Documentation of progress toward treatment objectives

Notation of patient’s functional ability & quality of life

Notation of any indications of possible addiction

Documentation of any drug abuse or diversion

4.2

4.4

4.0

4.2

4.3

4.1

4.1

3.9

3.5

3.6

4.0

3.78

4.1

4.0

3.4

3.7

3.8

3.9

3.7

3.5

4.0

3.2

Pain Rules Survey


Page 24 Y O U R R E P O R T /Summer 2001

§ notification of any indications of possibleaddiction

§ justification for use of medications

In addition to the numerical ratings, respondentswere given the opportunity to comment onnumerous facets of the pain rules. Respondentslisted a variety of timeframes as their definitionof an appropriate interval for patient follow-up.Timeframes ranged from every two or three daysto every six months. It appears that it isappropriate to base the interval on the needs ofthe individual patient.

Based on the limited response to its pilot survey,the ad hoc Committee reached the preliminaryconclusion that the Medical Board’s pain rules

Survey (cont.)tend to facilitate care, but that some fear of reprisalby regulatory authorities still exists.u

WHAT’S YOUR OPINION?

The ad hoc Committee continues to seekinput on the impact of the Medical Board’spain management rules. If you are apractitioner involved in the care of patientswho suffer from intractable pain and wouldlike to share your opinion about the rules,you can obtain a copy of the survey bycontacting Joan Wehrle, Coordinator forAssessment & Development, State MedicalBoard of Ohio, 77 S. High St., 17th Floor,Columbus, OH 43216-6127. The Committeewill also accept a request submitted via e-mail to [email protected] responses will be tallied andsummarized in a future issue of Your Report.

STATE OF OHIOTHE STATE MEDICAL BOARD

77 South High Street, 17th FloorColumbus, Ohio 43215-6127

YOUR REPORTFROM THE STATE MEDICAL BOARD OF OHIO

The State Medical Board

PresidentAnant R. Bhati, M.D.Cincinnati

Vice PresidentPitambar Somani, M.D., Ph.D.Columbus

SecretaryAnand G. Garg, M.D., Ph.D.Avon

Supervising MemberRaymond J. AlbertAmanda

Ronald C. Agresta, M.D.Steubenville

R. Gregory Browning, Ph.D.Columbus

David S. Buchan, D.P.M.Columbus

Carol Lynn Egner, M.D.Cincinnati

Anquenette SloanColumbus

Anita M. Steinbergh, D.O.Westerville

Charles D. Stienecker, M.D.Lima

Lance Talmage, M.D.Toledo

Executive DirectorThomas A. Dilling, J.D.

A WORD FROM THE PRESIDENT

From the Secretary & Supervising Member ............... 2Delegating Medical Tasks - New Rules ...................... 3Adverse Events Reporting System ............................. 5Governor & Medical Board Honor Veterans ............... 6New Exemptions to the Test of Spoken English ......... 7OSMB Disciplinary Actions ....................................... 8Delegation Statute .................................................... 18Delegation Rules ....................................................... 19

Inside YOUR REPORT

In the aftermath of the events of September 11, civilized peoplesaround the country and around the world have struggled tounderstand, not why terrorists chose to kill 5,000 innocentAmericans, for that is beyond the comprehension of civilized people,but rather how they are to continue on in a world that seems socompletely different than it was before. Medical professionals havenot been immune to this sometimes overwhelming ennui.

Medical professionals have a heightened responsibility in times suchas these, guided by the principle “First, do no harm.” Yet harm isprecisely what some members of the medical profession may bedoing, either by fomenting, pandering to, or exploiting theunderstandable fear felt by the American people.

Should it be discovered that a physician is exploiting fear to expandpatient rolls or sell more antibiotics, that would present an easycase for medical regulators. That type of profiteering is a clearviolation of professional ethics and the standard of care, and willnot be tolerated.

The other cases are more difficult. Well-intentioned physiciansprescribing antibiotics in anticipation of some future threat,however uncertain, either because their own fears haveoverwhelmed their professional judgment or because they have

See PRESIDENT on page 6

WINTER 2001-2002

Page 2 YOUR REPORT/Winter 2001-2002

From the Secretary& Supervising Memberby Anand G. Garg, M.D., Ph.D., Secretaryand Raymond J. Albert, Supervising Member

Would it surprise you to know that 4%—nearly150—of the complaints filed with the MedicalBoard each year are about patients havingdifficulty getting copies of their medical recordsfrom physicians? The Ohio Medical PracticesAct requires that physicians, in accordancetheir professional codes of ethics, make recordsavailable to patients. Early in 2001, the OhioGeneral Assembly enacted a more specific law,Section 3701.74 Revised Code, detailing thescope and mechanism for permitting patientsto review or obtain copies of their medicalrecords. The law makes hospitals and healthcare providers, including physicians,responsible for preparing and providingpatients or their representatives access to afinalized medical record within a reasonabletime after treatment. A companion law(Section 3701.74.1, Revised Code) establishesmaximum allowable fees for providing copiesof medical records, and even makes some copiesavailable without charge. If a physician failsto provide access to medical records, patientshave the right to sue to enforce their accessrights.

The Medical Board gets enough complaintsabout medical records access from both patientsand physicians to qualify the subject as onefor discussion on the Board’s website as partof our newest feature, “Frequently AskedQuestions.” Here are some of the questionswe commonly hear, along with what we hopewill be helpful answers:

Does a physician have to let a patient seehis/her medical records if asked?

Yes, a physician is required to permit a patientor a representative to examine his/her medicalrecords without charge, so long as the patienthas signed and submitted a request. Therequest must be dated no more than sixty daysprior to the date that it is submitted. Oneexception: If the physician has determinedfor clearly stated treatment reasons thatallowing access to the records is likely to havean adverse effect on the patient, the physicianmay instead provide the record to anotherphysician of the patient’s choosing.

May a physician charge a patient a fee ifthe patient wishes to obtain a copy of his/her medical record?

Yes, with a couple of exceptions. Ohio lawprovides that a physician must provide onecopy of a medical record, without charge, to theBureau of Workers’ Compensation, theIndustrial Commission, and the Departmentof Job & Family Services. The physician mustalso provide one free copy of the record to thepatient or the patient’s representative for thepurpose of supporting a claim for SocialSecurity disability benefits, provided that therequest is accompanied by documentation thatthe claim has been filed. Otherwise, thephysician may charge not more than the sumof the following:

1. An initial fee of $15, which compensates forthe records search.

2. With respect to data recorded on paper, $1per page for the first 10 pages; $ .50 perpage for pages 11-50; and $ .20 per pagethereafter.

3. With respect to data recorded other thanon paper, the actual cost of making the copy.

4. The actual cost of any related postageincurred.

State law requires physicians to makemedical records available to theirpatients.

YOUR REPORT/Winter 2001-2002 Page 3

When responding to arequest for medical re-cords, should copies ofrecords received fromanother physician beincluded?

Once a physician accepts aperson as a patient, medicalrecords received by thephysician from prior orconcurrent treating phy-sicians become part of thepatient’s medical record inthat practice. In most in-stances, physicians mayredisclose records thatoriginated with anotherphysician. Further, althoughpatient records released by ahospital or another physicianmay be stamped with astatement to the effect thatsuch records may not bedisclosed, redisclosure is stillpermissible based on thepatient’s signed release.

The Medical Board, for itspart, encourages physicians totake a reasonable approach,keeping in mind the difficultya patient could encountertrying to track down othertreating physicians everytime a pertinent portion oftheir medical record isneeded.

If a physician only sees apatient once and themedical record consistsalmost entirely of infor-mation obtained fromprior treating physicians,may the physician forwardthe entire record to thepatient’s new physicianwithout keeping a copy?

Enactment of new Section 4731.053 of the Ohio Revised Codeon April 10, 2001 was spurred by a formal Opinion issued byOhio’s Attorney General last year. In the Opinion (OAG 2000-023), the AG declared that “[a] person who is not specificallyauthorized by statute to administer a drug or medicine issubject to the prohibition in [O.R.C.] 4731.41 against theunauthorized practice of medicine . . . even if such act isperformed at the request of, or with the approval of, a licensedphysician.” Section 4731.34, O.R.C., enumerates the medicaltasks subject to the prohibition in 4731.41, O.R.C., againstthe unauthorized practice of medicine. Read together in thecontext of the Attorney General’s Opinion, these provisions

Delegating Medical TasksA new Ohio statute and Medical Board rulesauthorize physicians to delegate the performanceof certain medical tasks to persons who are notlicensed or otherwise specifically authorized toperform medical tasks by the Revised Code.

Even if the physician’s in-volvement with the patientwas minimal, the physicianshould not part with the onlycopy of the patient’s record.Even before the enactment ofSection 3701.74, Ohio RevisedCode, the Medical Board’srules required physicians tomaintain a complete medicalrecord on each patient. Thatcomplete record includes allinformation presented to thephysician concerning priortreatment. Parting with theonly copy of the patient’srecord would put the phy-sician in violation of thoserules. In addition, thephysician might have dif-

See DELEGATION on page 4

ficulty defending himself orherself should the patientlater decide to file a complaintwith the Medical Board orbring a malpractice action.

Sections 3701.74 and3701.74.1 are available forreview in greater detailthrough the Medical Board’swebsite at www.state.oh.us/med/. Judging from thenumber of concerns aboutrecords access that arebrought to the Board’s atten-tion, the new law would beworth review by Ohio’spracticing physicians.

http://www.state.oh.us/med/


strictly prohibit unlicensed persons fromexamining or diagnosing patients, prescribing,advising, recommending, administering ordispensing a drug or medicine, mold or cast,application, operation, or treatment ofwhatever nature, for the cure or relief of awound, fracture or bodily injury, infirmity ordisease. The prohibition extends to a licensedperson who is not specifically authorized by theRevised Code to perform a particular task. Forexample, a physician may not delegate theadministration of anesthesia to an LPN or RNwho is not a CRNA, even though the LPN orRN holds a general nursing license.

The legislative fix embodied in Section4731.053, O.R.C., to the existing extensiveprohibitions included a requirement that theMedical Board adopt rules “. . . that establishstandards to be met and procedures to befollowed by a physician with respect to thephysician’s delegation of the performance of amedical task to a person who is not licensed orspecifically authorized by the Revised Code toperform the task.” The Board complied byadopting Ohio Administrative Code rules 4731-23-01 through 4731-23-04, which became lawon September 30, 2001. Both the rules andthe underlying statutes include specificprohibitions against the delegation of theadministration of anesthesia, controlledsubstances, and the intravenous adminis-tration of drugs to persons who are not licensedor otherwise specifically authorized by statute.In addition to requiring that delegation of amedical task can only be done while conformingto minimal standards of care, Rule 4731-23-02provides physicians with a list of factors theymust consider to determine if a task may bedelegated. Those factors include considerationof the condition of the patient, the qualificationsof the person to whom the physician seeks todelegate, and the nature of the task to bedelegated. The physician may not delegate anylevel of medical assessment or medicaljudgment, nor may the physician allow“cascading” delegation; that is, a physician may

not authorize a person to whom he or she isdelegating a medical task to further delegatethat task to another person. In the end, thephysician retains full responsibility for theoutcome of the task performed.

The full text of the Board’s delegation rulesappears beginning on page 19 of this issue ofYour Report and can also be viewed on theBoard’s web site at http://www.state.oh.us/med/rules/4731-23.htm. Additional infor-mation will be provided in upcoming additionsto the Frequently Asked Questions section ofthe Board’s web site. Point your browser tohttp://www.state.oh.us/med/faq/mdindex.htmand look for information under the “Delegation”link.

The Medical Board has promulgated specificrules regarding delegation in one other area:the use of light-based medical devices.Currently, the Board’s rules only permit thedelegation of the use of light-based medicaldevices to certain specified licensed individualsfor the laser removal of hair and in the case oftreatment of hyperbilirubinemia in neonates.The first authorization is explained in 4731-18-02, OAC, and can be found on the Board’sweb site at http://www.state.oh.us/med/rules/18-02.htm . The second is set out in 4731-18-03, OAC, found at http://www.state.oh.us/med/rules/18-03.htm . The Board has recentlyproposed to add a third authorization toaddress the use of florescent light boxes totreat psoriasis and similar skin diseases. Asof this writing, those proposals take the formof proposed rule amendments and can beviewed at http://www.state.oh.us/med/rules/proprules.htm .

DELEGATION (continued from page 3)

DO WE KNOW WHEREYOU ARE?

State law requires that you notifythe Medical Board of a change of

address within 30 days.

http://www.state.oh.us/med/rules/18-02.htm


http://www.state.oh.us/med/rules/proprules.htm


http://www.state.oh.us/med/faq/mdindex.htm


Adverse Events Reporting System

The Internet is jammed withresources for physicians, butperhaps none with such potentialimportance as the FDA’sMedWatch Web site, which servesas a gateway for medical productsafety information and providesa service that sends out urgentsafety alerts in the flash of an e-mail. Surprisingly, many pro-fessionals remain unaware of thisfree service. “It’s free, it’s easyto subscribe, it’s private andconfidential,” says NormanMarks, M.D., medical director ofthe MedWatch program. “Wedon’t share names. All one hasto do is go to www.fda.gov/medwatch and there on the homepage they willsee the box that says ‘join the MedWatch e-list.’Just click on it, fill in the blanks, and that’s it.”

“The FDA wants to get any important safetyinformation out to the practitioners, ideally at thepoint of care, so they can use it when they aremaking decisions with their patients,” saysMarks. “Their part, we hope, would be toappreciate the value of the safety alerts andrecognize that their spontaneous voluntaryreporting of serious adverse events is what letsus generate that medical product safetyinformation.”

“It’s common knowledge,” says Marks, “thatcertain rare but serious adverse events won’t havebeen identified during the pre-marketing phaseof drug and device development. While these pre-approval studies are evaluated rigorously, theremay not have been a sufficient number of patientsin the study, or perhaps the study did not cover along enough time period to identify the rare harmor injury. At any rate, in the real world, newadverse events will emerge over time. Eachadverse event or product quality problem for adrug goes into a computerized database called the

Adverse Event ReportingSystem (AERS). The post-marketing drug-risk assess-ment staff of safety evaluatorsand epidemiologists use thatdata to develop a more formalinvestigation, a science-basedprocess where the outcome,whether it follows an eval-uation of several weeks toseveral months, may lead toFDA action that results inrecommendations for safer useof that product.”

Once a modified use strategyand labeling change has beenagreed upon by the FDA and

the manufacturer, MedWatch gets thatinformation out to physicians immediately in theform of MedWatch Alerts. “These alerts areimportant information that the physician wouldwant to know now rather than waiting for thePDR to come out a year later, or waiting for aletter to show up on their desk. We want allphysicians to know that they can get thatimportant safety information now just by signingup for our e-list,” says Marks.

About 12,000 individual practitioners have signedup for the MedWatch Alerts e-mail distributionlist. In addition, MedWatch has 190 partnerorganizations such as the Texas State MedicalSociety and the American Academy of FamilyPhysicians. The partners distribute theMedWatch Alerts to their members by postingthe information on their websites, sending it outthrough their own distribution lists, or puttingthe information in their newsletters or bulletins.The MedWatch Alerts also are posted on theMedWatch Web site.

Future plans: Marks says MedWatch is hopingto tailor the Alerts soon so that each branch of

FDA’s MedWatch is a Partnership Waiting to Happen

“The FDA wants to getany important safety

information out to thepractitioners, ideally

at the point of care, sothey can use it when

they are makingdecisions with their

patients.”

Norman Marks, M.D.

See ADVERSE EVENTS on page 7

http://www.fda.gov/medwatch/

http://www.fda.gov/medwatch/


been unable or unwilling to exercise theirresponsibilities to assuage their patients’ fearsthrough education, generate a certain level ofsympathy. But they are nonetheless inviolation of their professional ethics and thestandard of care.

They are in violation of the standard of carebecause, while they may be “seeing” theirpatients prior to prescribing, they areauthorizing future self-medication that maywell take place without the benefit of medicaljudgment.

They are in violation of their ethicalresponsibilities because, as the OhioDepartment of Health, in conjunction with theState Medical Board of Ohio, the StatePharmacy Board, the Ohio EmergencyManagement Agency, and a number ofprofessional medical societies, has stated,“Antibiotics are not harmless medications.”The risk of antibiotic-resistant strains ofbacteria, dangerous drug interactions, anddelayed evaluation and treatment of diseasesincorrectly assumed to be treatable byantibiotics on hand are but three of the “harms”they may do. They may also be responsible forthe unavailability of certain medications forpatients with conditions that need to be treatedhere and now.

The State and Federal governments haveoffices working non-stop to ensure thatprocedures and materials are in place toaddress even the most severe of terrorist-related biological threats, and as each daypasses, the response capacity increases.Medical professionals have a responsibility torise above the rhetoric of fear and to respondto these vague and unlikely threats withrational medical judgment.

PRESIDENT (continued from page 1)

Anant R. Bhati, M.D., President

Governor & MedicalBoard Honor Veterans

In October 2001, Ohio Governor Bob Taftand the State Medical Board joined informally recognized the lifetime achieve-ments of Hubert Amstutz, M.D., a retiredophthalmologist from Lancaster, Ohio.Born on December 9, 1901, Dr. Amstutz hasthe distinction of being Ohio’s oldest livingWorld War II veteran. While a member ofthe U.S. Army, he served with the surgicalsection of the 975th Evaluation Hospital, thefirst hospital to land at Normandy. Dr.Amstutz was awarded five bronze stars, oneSilver Star and the WWII Victory Medal forhis service, as well as a Certificate of Meritfor his skill and judgment as an armysurgeon. Following WWII, Dr. Amstutzpracticed in Lancaster until his retirementin 1986.

The Medical Board also honored two of itsown, Board Members Raymond J. Albertand Lance Talmage, Sr., M.D., as theywere inducted into the Ohio Veterans Hallof Fame at ceremonies held November 8,2001 in Columbus. In his remarks, GovernorTaft acknowledged Mr. Albert, Dr. Talmageand other honorees for their service to thecountry and their communities.

Mr. Albert, a consumer representative andSupervising Member of the Medical Boardfrom Amanda, is a U.S. Navy veteran ofWWII and the Korean Conflict. He wasrecognized for his active involvement withthe Congressional Medal of Honor Society,as well as for having become the first non-physician President of the State MedicalBoard (1991). Dr. Talmage, a retired U.S.Army Brigadier General who practicesobstetrics and gynecology in Toledo, wasrecognized for his leadership andmeritorious service both stateside andabroad. Dr. Talmage has been a member ofthe Medical Board since 1999.


Adverse Events (continued from page 5)

medicine can choose which category of safetyalert they would like to receive and which theywould not. Right now, everyone on the list getsall Alerts.

Another innovation for the near future will beto put the MedWatch information into a formatcompatible with the hand-held computerdevices. “My sense, from talking to doctors andother professionals, is that the Palm Pilots andthe hand-held devices are being used byresidents, medical students and evenphysicians,” says Marks. “These little devicesare small enough, powerful enough and portableenough that they can be carried around inpockets, so we’re working on arrangements tohave our safety update information availableon their hand-held devices for access at thebedside, the operating suite and the office examroom.”

This article was reprinted with permissionfrom the Medical Board of California’sOctober 2001 Action Report.

The State of Ohio requires, as outlined inSection 4731.142, Ohio Revised Code, that toqualify for a license to practice medicine orsurgery, osteopathic medicine or surgery, orpodiatric medicine, an applicant whograduated from a medical school outside theUnited States and Canada must demonstrateproficiency in spoken English. The minimumrequirement, as stated in the statute, is a scoreof 40 or higher on the Test of Spoken English(TSE) conducted by the Educational TestingService.

The Medical Board is often asked if it is possibleto waive the requirement of demonstratingminimal proficiency in spoken English. Theanswer to that question is an unqualified “No.”Where there is some flexibility, however, is inthe manner in which that proficiency may bedemonstrated. Ohio law provides severalexemptions to the TSE, all four of which arelisted below with the Revised Code sectionunder which they are authorized.

1. Completion of two years of undergraduatework in the United States, 4731.142 (A) and4731.09, ORC.

2. Possession of a license in the United StatesAND actively practicing medicine in theUnited States for the last five years. A newsection of the Revised Code, 4731.29 (E) (2)(a) through (c), ORC recognizes thatparticipation in Graduate MedicalEducation can be substituted for thepractice requirement on a year-for-yearbasis.

New Exemptions toTest of Spoken English

Ohio law permits applicants todemonstrate English proficiencythrough channels other than thetraditional Test of Spoken English.

3. Completion of a Fifth Pathway program,4731.091(B)(3), ORC.

4. Passing the Educational Commission forForeign Medical Graduates (ECFMG) examand receiving ECFMG certification afterJuly 1, 1998, 4731.142 (B), ORC. July 1,1998 is the date on which the ECFMGbegan requiring a demonstration ofproficiency in spoken English as a conditionof their certification.

An exploration of this issue can also be foundin the new Frequently Asked Questionssection of the Medical Board’s website. Thediscussion of TSE requirements appears underthe “Medical and Osteopathic Licensure”section of the FAQ, located at http://www.state.oh.us/med/faq/mdlicqs.htm.

http://www.state.oh.us/med/faq/mdlicqs.htm


STATE MEDICAL BOARD OF OHIODISCIPLINARY ACTIONS

April 2001 - September 2001

BANIEWICZ, Francis John, Jr. (MD #59412) – ColoradoSprings, COBoard Order - Medical license revoked based on prioraction against doctor’s North Carolina license by thatstate’s medical board. (Journal Entry – hearing not timelyrequested) Order mailed 4/12/01; Order eff. 4/12/01.Court Action - Notice of appeal of Board’s 4/11/01revocation Order filed by doctor with Franklin CountyCourt of Common Pleas on 4/26/01.

BARRETT, Warrick Lee (MD #42010) – Indianapolis, INBoard Order - Medical license permanently revokedbased on doctor’s prescribing of drugs to specifiedpatients without having first personally examined them, inviolation of Board rule; and his permitting an on-linepharmacy to use his Ohio certificate in an offer toprescribe dangerous drugs in a manner that violatedBoard rule. Order mailed 8/13/01; Order eff. 9/13/01.Court Action - Notice of appeal of Board’s 8/8/01permanent revocation Order filed by doctor with FranklinCounty Court of Common Pleas on or about 8/28/01.

BELMONTE, Rogel (MD #36804) – FairbornInterim Agreement - Pursuant to interim agreementeffective 2/21/01, Board agreed not to opposecontinuance of hearing in exchange for doctor’sagreement not to practice medicine in the state of Ohiountil 12/14/00 allegations have been fully resolved, and tocomply in all respects with terms of 12/6/89 Board Order.Pre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor having been found guilty ofsix felony counts of Deception to Obtain DangerousDrugs. Notice mailed 6/14/01.

BOEHM, Gregory Xavier (MD #41394) – Shaker HeightsBoard Order - Medical license suspended for one year;subsequent probationary terms, conditions, and limita-tions established for at least five years. Based ondoctor’s plea of guilty in U.S. District Court to one felonycount of Health Care Fraud, the acts underlying whichinvolved his knowingly and willfully executing a scheme todefraud Medicaid and Medicare by submitting numerousbilling claims for services he had not actually provided.Order mailed 7/31/01; Order effective 8/31/01. CourtAction - Notice of appeal of Board’s 7/11/01 suspensionOrder filed by doctor with Franklin County Court ofCommon Pleas on or about 8/10/01. Consent Agree-ment - Appeal of Board’s 7/11/01 Order to be withdrawnby doctor; additional interim monitoring and subsequent

probationary terms established to run concurrently withthose set out in 7/11/01 Board Order, whereby doctor’slicense was suspended for one year. Agreement basedon doctor’s admission that he was treated with Ritalin andAdderall for Attention Deficit Hyperactivity Disorder; andthat he was subsequently diagnosed with amphetaminedependence and Attention Deficit Hyperactivity Disorder,for which he has received treatment and aftercarethrough a Board-approved provider. Agreement effective9/12/01; agreement to run concurrently with terms of7/11/01 Board Order.

BRINDLE, Fred Andrew (MD #52438) – SanduskyConsent Agreement - Medical license indefinitelysuspended; interim monitoring conditions and conditionsfor reinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’sadmission that he has been diagnosed with and treatedfor bipolar disorder and chemical dependency, for whichhe continues to receive treatment. Effective 8/8/01.

BROCK, David Todd (DO #7161) – ColumbusConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations tomonitor practice based on doctor having been deemedcapable of practicing according to acceptable andprevailing standards of care provided that appropriatetreatment and monitoring requirements are in place,including limitation of his practice to a residency trainingprogram and related activities. Agreement eff. 5/9/01;agreement to remain in effect for a minimum of five yearsprior to any request for termination.

BRONER, Cynthia W. (MD #58575) – ColumbusBoard Order - Medical license indefinitely suspended;conditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Order entered due todoctor’s failure to comply with Board-ordered examinationfor possible inability to practice according to acceptableand prevailing standards of care due to mental illness(Journal Entry). Order mailed 4/12/01; Order eff. 4/12/01.

BRUCE, Marguerite D. (MD #72745) – ClevelandBoard Order - Doctor reprimanded and probationaryterms, conditions, and limitations imposed for at leastthree years. Based on prior action against privileges by










the Naval Hospital, Charleston, following peer reviewfindings that doctor had breached standards of care andexercised questionable clinical judgment in her practice ofobstetrics and gynecology; and doctor’s failure to adviseOhio medical board of that action on application forlicense renewal. Order mailed 10/2/01; Order effective10/2/01.

BRUNO, Angel L. (MD #70348) – Lawton, OKBoard Order - Medical license limited and restricted suchthat doctor shall not commence practice in Ohio withoutprior Board approval; conditions for such approvalestablished, including requirement that doctor enter intoconsent agreement to monitor practice if deemednecessary by the board. Based on prior action againstdoctor’s Oklahoma license by that state’s medical boardfollowing its conclusion that doctor was guilty ofunprofessional conduct in that he engaged in gross orrepeated negligence in the practice of medicine. Ordermailed 6/14/01; Order effective 6/14/01.

CHEN, Christopher (MD #61288) – Pleasanton, CABoard Order - Medical license limited and restricted suchthat doctor shall not commence practice in Ohio withoutprior Board approval; conditions for approval established,including requirement that doctor enter into subsequentconsent agreement to monitor practice. Based on prioraction against doctor’s California license in resolution ofallegations by that state’s medical board, the actsunderlying which concerned doctor’s pain managementtreatment of a specified patient. Order mailed 8/23/01;Order effective 8/23/01.

CIANCI, Patricia Lynn (MT #8601) – Rocky RiverBoard Order - Massage therapy certificate indefinitelysuspended; conditions for reinstatement established,including requirement that massage therapist enter intosubsequent consent agreement incorporatingprobationary terms, conditions and limitations to monitorpractice. Order entered due to massage therapist’sfailure to comply with Board-ordered examination forpossible impairment of ability to practice because ofhabitual or excessive use or abuse of drugs (JournalEntry). Order mailed 9/13/01; Order effective 9/13/01.

CLEMENCY, Karen Alice (MD #53771) – ColumbusConsent Agreement - Medical license suspended for atleast thirty days; conditions for reinstatement andsubsequent probationary terms, conditions and limitationsfor at least five years established. Based on doctor’sadmissions that she provided pre-signed blank prescrip-tions to employees, resulting in the issuance of sixunauthorized controlled substance prescriptions by herphysician assistant; and that she had engaged in a sexualrelationship with her P.A. during a period when she wasalso treating him as a patient. Agreement eff. 4/11/01.Reinstatement - Doctor’s request for reinstatementgranted by vote of the Board on 5/9/01, effective 5/11/01,

subject to probationary terms, conditions and limitationsestablished by 4/11/01 consent agreement.

CLOUSE, George Dixon (MD #13659) – ColumbusVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor effective 3/29/01.

COLLIER, Bert David, Jr. (MD #79929) – Milwaukee, WIBoard Order - Application for medical licensure grantedsubject to probationary terms, conditions and limitationsfor at least three years based on applicant’s plea of guiltyto one felony count of making false statements andmisrepresentations to the U.S. Dept. of Health andHuman Services; and prior action against doctor’smedical license in Wisconsin and California based on thatguilty plea. Order mailed 7/5/01; Order effective 7/5/01.

CURTIS, Boyd D. (MD #59531) – ColumbusConsent Agreement - Medical license suspended for atleast six months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he obtained hydrocodone for his own useby purchasing tablets from a pharmacy for the statedpurpose of distributing it to patients, by taking samplesfrom his office, and by completing prescriptions forhimself that had been pre-signed by another physician,without authorization from that physician; and based ondoctor’s admission that he undertook treatment forchemical abuse and dependency through a Board-approved provider after being notified that he was underinvestigation by the Medical Board. Effective 9/12/01.

DAIBER, Robert Raymond (MD #64194) – ToledoConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations based ondoctor having been deemed capable of practicingaccording to acceptable and prevailing standards of careprovided that treatment and monitoring requirements arein place. Agreement effective 6/13/01; agreement toremain in effect for at least five years prior to any requestfor termination.

DAVIES, Brian William (MD #49895) – AkronBoard Order - Medical license permanently revokedbased on doctor having been found guilty of eighteenfelony counts of Aggravated Trafficking in Drugs. Ordermailed 8/13/01; Order effective 8/13/01. Court Action -Notice of appeal of Board’s 8/8/01 permanent revocationOrder filed by doctor with Franklin County Court ofCommon Pleas on or about 8/28/01.

DESHMUKH, Minakshi B. (MD #70751) – Oregon, OHConsent Agreement - Medical license indefinitelysuspended; conditions for reinstatement established,including requirement that doctor enter into subsequent

DISCIPLINARY ACTIONS APRIL 2001 - SEPTEMBER 2001












consent agreement incorporating probationary terms,conditions and limitations to monitor practice. Based onsummary suspension of doctor’s Michigan license by thatstate’s medical board following allegations that shesuffers from a mental illness that could adversely affecther ability to practice. Effective 8/8/01.

DE LA FLOR, Richard Roberto (MD #47505) – ToledoPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to one felonycount of Unlawful Distribution of a Controlled Substance.Notice mailed 8/9/01.

DELLIQUADRI, Thomas Joseph (MT #5548) – GirardBoard Order - Permanent revocation of massage therapylicense stayed subject to indefinite suspension for at leasttwo years; conditions for reinstatement and subsequentprobationary, terms, conditions, and limitations for at leastfive years established. Based on massage therapist’sfailure to advise Board on application for licenserestoration that he had been found guilty of one count ofDisorderly Conduct; Intoxication, a minor misdemeanor;and his having been found eligible for treatment in lieu ofconviction following his pleas of guilty to twomisdemeanor counts of Drug Abuse and one count ofPossession of Drug Abuse Instruments, the actsunderlying which involved his having been foundunconscious due to an overdose on heroin. Order mailed7/5/01; Order effective 7/5/01.

DINTIMAN, Peter Evans (MD #48364) – DamascusBoard Order - Permanent revocation of medical licensestayed, subject to suspension for at least three years;interim monitoring conditions, conditions for reinstatementand subsequent probationary terms, conditions andlimitations for at least ten years established. Based ondoctor’s failure to comply with conditions of limitationimposed on license by 1/99 consent agreement due torelapse and provision of false information to Boardregarding same. Order mailed 4/12/01; Eff. 4/12/01.

DOMINGUEZ, Steven (MD #60798) – Laguna Niguel, CABoard Order - Medical license revoked based on prioraction against doctor’s Iowa license by that state’smedical board, which cited doctor for knowingly makingmisleading representations in the practice of medicine.(Journal Entry – no hearing requested) Order mailed7/12/01; Order effective 7/12/01.

DOUGHERTY, David Andrew (DO #6330) – AkronConsent Agreement - Medical license suspended for atleast thirty days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed with alcohol

dependence, major depression, opioid dependence, andcannabis dependence; and that he has sought treatmentthrough a Board-approved provider. Agreement effective3/14/01; suspension effective 3/24/01. Consent Agree-ment - Medical license reinstated subject to probationaryterms, conditions and limitations based on doctor havingbeen deemed capable of practicing according to accept-able and prevailing standards of care provided thatappropriate treatment and monitoring requirements are inplace. Agreement effective 5/9/01; agreement to remainin effect for a minimum of five years prior to any requestfor termination. Pre-hearing Suspension - Pursuant toSection 4731.22(G), O.R.C., medical license summarilysuspended based on Board’s determination that there isclear and convincing evidence that doctor violatedconditions of limitation imposed on his license by a 5/9/01consent agreement and that his ability to practice isimpaired; and that doctor’s continued practice presents adanger of immediate and serious harm to the public.Notice mailed 8/9/01; suspension effective upon serviceof notice on doctor on 8/11/01.

ESPINOZA, Nicholas Gerard (DO #5306) – ToledoConsent Agreement - Medical license permanentlylimited and restricted to prohibit doctor from prescribing,administering or personally furnishing controlledsubstance anorectic medications; medical licensesuspended for at least 90 days; conditions forreinstatement and subsequent probationary terms,conditions and limitations established for at least threeyears. Based on doctor’s admission that he failed tocomply with laws governing the utilization of Schedule IIIand IV controlled substances for purposes of weightreduction in the treatment of obesity. Agreement effective9/12/01; agreement to remain in effect for a minimum ofthree years prior to any request for termination.

FLEMING, James Edward (MD #29707) – BratenahlBoard Order - Permanent revocation of medical licensestayed, subject to indefinite suspension; interimmonitoring conditions, conditions for reinstatement andsubsequent probationary terms, conditions and limitationsfor at least five years established. Based on doctorhaving been found guilty of two felony counts ofPossession of Drugs; one felony count of Deception toObtain Dangerous Drugs; and two felony counts of IllegalProcessing of Drug Documents, the acts underlying whichinvolved his issuance, while employed as a plantphysician, of false controlled substance prescriptions toplant employees who filled the prescriptions andpurveyed them to the doctor for his personal use. Ordermailed 4/12/01; Order effective 4/12/01.

FLEMING, Mark S. (MD #58145) – ColumbusConsent Agreement - Medical license suspended for atleast three months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consent











agreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed as alcoholdependent and has sought treatment through a Board-approved provider. Effective 4/11/01. ConsentAgreement - Medical license reinstated subject toprobationary terms, conditions and limitations based ondoctor having been deemed capable of practicingaccording to acceptable and prevailing standards of careprovided that treatment and monitoring requirements arein place. Agreement effective 9/12/01; agreement toremain in effect for at least five years prior to any requestfor termination.

FOOTE, Mary Jo (PA #864) – Martin’s FerryConsent Agreement - Certificate of registration topractice as a physician assistant suspended for at leastone year; interim monitoring conditions and conditions forreinstatement established, including requirement that P.A.enter into subsequent consent agreement incorporatingprobationary terms, conditions and limitations to monitorpractice. Based on P.A.’s admission that her ability topractice according to acceptable and prevailing standardsof care is impaired; and that she violated conditions oflimitation imposed on her certificate by 10/98 consentagreement due to drug relapse. Effective 7/11/01.

FREED, John Douglas (MD #37748) – Wheeling, WVConsent Agreement - Application for restoration ofmedical license granted, subject to probationary terms,conditions and limitations to monitor practice. Based ondoctor’s history of chemical dependency for which hereceived treatment, and prior action against doctor’sWest Virginia license by that state’s medical board basedon that impairment. Agreement effective 9/12/01;agreement to remain in effect for a minimum of four yearsprior to any request for termination.

GARCIA, Daniel Xavier (MD #48318) – Battle Creek, MIBoard Order - Doctor reprimanded and medical licensesuspended for thirty days based on doctor’s failure toadvise Board on license renewal application that he hadbeen charged by Michigan’s medical board withnegligence or failure to exercise due care for havingperformed surgery on the wrong knee of a specifiedpatient. Order mailed 8/13/01; Order effective 8/13/01;suspension effective 8/13/01 through 9/11/01.

GOODEN, Timothy Alwyn (MD #48868) – MentorConsent Agreement - Medical license suspended for atleast three months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has received treatment through aBoard-approved provider for alcohol addiction; and thathe failed to advise the Medical Board on his application

for license renewal that, since the prior renewal, he hadbeen found guilty of Driving Under the Influence, amisdemeanor. Agreement effective 8/8/01.

HALL, Darrell Andre (MD #72948) – ToledoConsent Agreement - Medical license suspended for atleast six months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he is chemically dependent, with his drugsof choice including alcohol, Oxycontin and Phenergan.Effective 4/11/01.

HANES, David Corey (DO training certificate #532) –ToledoConsent Agreement - Medical training certificatesuspended for at least six months; interim monitoringconditions and conditions for consideration for renewal/reissuance of certificate established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on history ofchemical dependency and relapse, and failure to providecomplete and accurate information regarding that historyon training certificate application. Effective 4/11/01.

HO-A-LIM, Frederick G. (MD #55690) – BeachwoodChild Support Default Suspension - Pursuant todetermination by Jefferson County Child SupportEnforcement Agency that doctor is in default under a childsupport order, medical license immediately suspendeduntil such time as Board receives notice from JeffersonCounty Child Support Enforcement Agency that doctor isno longer determined to be in default. Notice mailed3/2/01; suspension effective upon doctor’s receipt ofnotice on 3/12/01. Reinstatement - License reinstatedeffective 4/4/01 pursuant to Notice to Reinstate/Reissue aProfessional License from Jefferson County ChildSupport Enforcement Agency.

JAMES, Justice Harold (DO #895) – Little Egg Harbor, NJBoard Order - Medical license indefinitely suspended;conditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Order entered due todoctor’s failure to comply with board-ordered examinationfor possible inability to practice according to acceptableand prevailing standards of care by reason of mental orphysical illness (Journal Entry). Order mailed 3/15/01;Order effective 3/15/01.

KESSLER, Michael W. (MD #42553) – ColumbusConsent Agreement - Medical license suspended for atleast six months; interim monitoring conditions andconditions for reinstatement established, including












requirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed as chemicallydependent and has sought treatment through a Board-approved provider. Agreement effective 5/9/01.

KORZEP, Johanna May (MD #72101) – Flatwoods, KYBoard Order - Medical license revoked based on prioraction against doctor’s Kentucky license by that state’smedical board due to chronic alcohol abuse; and prioraction by South Carolina’s medical board based onKentucky board action. (Journal Entry – no hearingrequested) Order mailed 6/14/01; Order eff. 6/14/01.

KRIVITSKY, Leonard (MD #46896) – Allentown, PABoard Order - Application for restoration of previouslyrevoked medical license denied based on grounds thathad served as a basis for prior board disciplinary actions,to wit: improper prescribing to an undercover investigator,and felony convictions for Trafficking in Drugs, MedicaidFraud and Theft. Order mailed 6/14/01; Effective 6/14/01.

LAX, Frederic (MD #67534) – ParmaChild Support Default Suspension - Pursuant todetermination by Summit County Child SupportEnforcement Agency that doctor is in default under a childsupport order, medical license immediately suspendeduntil such time as Board receives notice from SummitCounty Child Support Enforcement Agency that doctor isno longer determined to be in default. Notice mailed 5/25/01; suspension effective upon service of notice ondoctor on 5/29/01. Reinstatement - License reinstatedeffective 5/30/01 pursuant to Notice to Reinstated/Reissue a Professional License from Summit CountyChild Support Enforcement Agency. (NOTE: By Entryfiled 5/30/01, Summit County Domestic Relations Courtissued an order staying the Summit County Child SupportEnforcement Agency’s Notice to Suspend a ProfessionalLicense until further order of the court.)

LEVENTHAL, Mitchell W. (MD #36605) – ClevelandConsent Agreement - Probationary terms, conditionsand limitations established based on history of alcoholabuse and dependence, for which he has receivedevaluation and treatment through Board-approvedproviders, who have opined that doctor is capable ofpracticing according to acceptable and prevailingstandards of care. Agreement effective 3/14/01;agreement to remain in effect for at least three years priorto any request for termination.

LIANG, Guang (Acupuncture applicant) – Seven HillsConsent Agreement - Certificate of registration topractice acupuncture granted subject to reprimand andprobationary terms, conditions and limitations for at leastthree years based on applicant’s admission that hepracticed acupuncture in Ohio from 1994 until 11/00

without either a medical license or acupuncture certifi-cate, and that he used the title “doctor” in conjunction withhis name. Agreement effective 3/14/01.

MARSH, Lonnie II (MD #38543) – ClevelandPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to three felonycounts of Illegal Processing of Drug Documents. Noticemailed 5/9/01.

MICHAEL, Sami Issac (MD #42310) – ColumbusBoard Order - Medical license permanently revokedbased on doctor having been found guilty of 7 felonycounts of mail fraud and 35 felony counts of making falsestatements relating to health care matters, the actsunderlying which were based on a scheme to defraudhealth care benefit programs. Order mailed 6/14/01;Order effective 7/15/01.

MOLISKY, Jon Alan (DO #3447) – BoardmanBoard Order - Medical license suspended for at leastthirty days; interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,conditions, and limitations for at least five yearsestablished. Based on doctor’s failure to providecomplete and accurate information on license renewalapplication about criminal action that had been takenagainst him; and impairment of ability to practiceaccording to acceptable and prevailing standards of caredue to diagnosed alcohol dependence for which doctorfailed to undertake the individual counseling which hadbeen recommended by board-approved treatmentproviders. Order mailed 10/2/01; Order effective 10/2/01.

MORROW, Paul (PA #856) – SheffieldBoard Order - No further action taken and matterdismissed following Board’s determination that, althoughP.A.’s conviction of domestic violence for administeringexcessive discipline to his minor child constitutedcommission of a misdemeanor involving moral turpitude,P.A. has actively sought to address difficult familycircumstances and poses no threat to the public at thistime. Order mailed 4/12/01; Order effective 4/12/01.

MCALLISTER, Mark S. (MD #72741) – Rocky RiverConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations tomonitor practice based on doctor having been deemedcapable of practicing according to acceptable andprevailing standards of care. Agreement effective 5/9/01;agreement to remain in effect for at least seven yearsprior to any request for termination.

NALABOLU, Dasharathram Reddy (MD #51238) –CentervilleBoard Order - Medical license permanently revokedbased on doctor’s improper touching of seven specified














patients; allegations pertaining to two patients referencedin 9/00 notice of opportunity for hearing dismissed withoutprejudice to future action. Order mailed 5/10/01; Ordereffective 6/10/01. Prior to effective date of Order, doctorineligible to take new patients, and required to have athird party present when examining female patients.Court Action - Notice of appeal filed by doctor withFranklin County Court of Common Pleas on or about5/14/01. Court Action - By Decision and Order filed6/8/01, Franklin County Court of Common Pleas granteddoctor’s motion for stay of Board’s 5/9/01 permanentrevocation Order, subject to requirements that doctor notundertake the care of any new patients; that he providewritten notice to each female patient that his license hasbeen revoked and that such action is under appeal; andthat he not examine any female patient without a thirdparty present. By Decision and Entry filed 6/28/01,Franklin County Court of Common Pleas partially grantedState’s motion to reconsider terms of 6/11/01 stay Orderby adding requirement that doctor obtain signatures fromall female patients to verify their receipt of required noticeprior to being examined.

NEPTUNE-CERAN, Regine (DO #4898) – Sunnyvale, CABoard Order - Medical license limited and restricted suchthat doctor shall not commence practice in Ohio withoutprior Board approval; conditions for such approvalestablished, and subsequent probationary terms,conditions, and limitations for at least five years set forth.Based on prior denial of doctor’s licensure application byCalifornia’s osteopathic medical board due to doctorhaving been convicted of domestic violence, obstructingofficial business, and resisting arrest; her making of falsestatements on California’s licensure application; and herfailure to demonstrate to the California board thatissuance of a probationary license without furtherpsychological evaluation and/or treatment was warranted.Order mailed 9/13/01; Order effective 9/13/01.

OHIO COLLEGE OF MASSOTHERAPY/Jeffrey ScottMorrow, President – AkronConsent Agreement - School’s certificate of goodstanding renewed effective 12/7/98, subject to probation-ary terms, conditions and limitations. Based on school’sviolation of Medical Board rules due to failure to issuetranscripts to some students upon appropriate requestand attempting to unilaterally alter terms of enrollmentagreement. Agreement effective 3/14/01; agreement toremain in effect for at least one year prior to any requestfor termination.

ORRA, Mahmood Mike Mohamed (DO #3130) –ClevelandConsent Agreement - Doctor reprimanded; probationaryterms, conditions and limitations imposed for at least oneyear. Based on doctor’s admission that he knowinglysubmitted improper billings for $12,207.55 to the OhioDept. of Human Services for reimbursement to which he

knew he was not entitled, which constituted publication ofa false, fraudulent, deceptive or misleading statement inviolation of the Ohio Medical Practices Act. Agreementeffective 5/9/01.

PANCOAST, Paul Edward (MD #48028) – ToledoReinstatement - Doctor’s request for reinstatementgranted by vote of the Board on 5/9/01, subject toprobationary terms, conditions and limitations establishedby 3/11/98 Board Order. Board further agreed to reducerequired drug screens to two sample collected and twotested per month.

PHILLIPS, David Chaffee (MD #60818) - LimaVoluntary Surrender - Doctor’s voluntary surrender ofmedical license accepted on behalf of Medical Board;doctor ineligible for Ohio licensure in the future. Actiontaken in lieu of formal disciplinary proceedings based on§4731.22(B)(6), O.R.C. (failure to conform to minimalstandards of care of similar physicians under the same orsimilar circumstances) and §4731.22(B)(18), O.R.C.(violation of a provision of a code of professional ethics,to wit: AMA Current Opinion 8.14). Effective 10/1/01.[NOTE: Doctor’s license lapsed due to non-renewal on10/1/98]

POLITO, Anthony Gerard (DPM #2626) – MedinaConsent Agreement - License to practice podiatricmedicine suspended for thirty days, such suspension tobe effective from 4/14/01 through 5/13/01; subsequentprobationary terms, conditions and limitations imposed forat least three years. Based on doctor having been foundguilty of one misdemeanor count of Theft, the actunderlying which involved his having billed a patient’sinsurer for a specified procedure under an incorrect CPTcode. State’s allegation that underlying acts involvedfraudulent upcoding of insurance claims from 1994 to1996 were dismissed. Agreement effective 4/11/01.

RIVERA, Lenin (MD #30466) – PioneerVoluntary Surrender - Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings based on his plea of guilty to one felonycount of Attempted Aggravated Trafficking in Drugs.Effective 3/12/01.

ROBERTS, John A. (MD #65308) – St. Catherines,Ontario, CANADAReinstatement - Doctor’s request for reinstatementgranted by vote of the Board on 9/12/01, subject to termsof 8/9/00 Board Order.

ROJAS VILLEGAS, Cesar Humberto aka ROJAS, Cesar(MD #50243) – Highland HeightsPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to four felonycounts of Trafficking in Drugs. Notice mailed 5/9/01.











Voluntary Surrender - Permanent voluntary surrender ofmedical license authorized by doctor in lieu of furtherformal disciplinary proceedings based on his 3/16/01 pleaof guilty to four fourth degree felony counts of Traffickingin Drugs. Effective 5/24/01.

ROLFE, Stephen J. (MD #51023) – ColumbusConsent Agreement - Medical license suspended for atleast nine months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed as opioid andbenzodiazepine dependent; that he wrote prescriptions inthe names of others for his own use and signed thenames of other physicians to prescription forms; that hewas arrested and charged with illegal processing of drugdocuments; and that he has sought treatment through aBoard-approved provider. Agreement effective 3/14/01.

ROMER, William Anthony (MD #49062) – CentervilleBoard Order - Permanent revocation of medical licensestayed, subject to indefinite suspension for at least twoyears, such suspension to be retroactive to 2/14/01, thedate of the summary suspension of doctor’s certificate;interim monitoring conditions, conditions for reinstatementand subsequent probationary terms, conditions, andlimitations for at least seven years established. Based ondoctor’s violation of the conditions of limitation imposedon his certificate by 2/11/99 consent agreement byrelapsing, providing false information to the Board incontrolled substance prescription logs and declarations ofcompliance, obtaining controlled substance cough syrupfrom patients by adulterating those patients’ prescriptions,and failing to report his relapse to the Board. Ordermailed 9/13/01; Order effective 9/13/01.

ROTHSTEIN, Lawrence Brian (MD #57342) – WestervilleConsent Agreement - Medical license suspended for atleast three months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he was diagnosed with substance abuse,for which he has received treatment through a Board-approved provider. Agreement effective 9/12/01.

SCHULTE, Gregory Todd (MD #63923) – ColumbusConsent Agreement - Medical license suspended for atleast three months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed with chemicalabuse or dependency, for which he has sought treatmentthrough a Board-approved provider. Effective 10/1/01.

SKORA, Alan P. (DO applicant) – Dewitt, IABoard Order - Application for Ohio medical licensedenied based on prior action against doctor’s Iowalicense by that state’s medical board; applicant’s failure toupdate his Ohio application to reflect that action; and hisfailure to provide Ohio Board with complete and accurateinformation concerning the status of his hospitalprivileges. Order mailed 8/13/01; Order effective 8/13/01.

STARR, Philip Andrew III (DO #7632) – WarrenBoard Order - Application for medical licensure grantedsubject to probationary terms, conditions, and limitationsfor at least three years. Based on suspension by the U.S.Navy of doctor’s privileges to diagnose and treat patients,and issuance of a punitive letter of reprimand by the U.S.Marine corps based on doctor’s plea of guilty to narcoticsviolations and his admitted intentional falsification ofdocuments reflecting purported narcotic prescribing.Order mailed 7/31/01; Order effective 7/31/01.

STARR, Tom Reutti (MD #26557) – DaytonBoard Order - Medical license indefinitely suspended;interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,conditions, and limitations for at least five yearsestablished. Based on impairment of ability to practiceaccording to acceptable and prevailing standards ofcare because of habitual or excessive use or abuse ofdrugs/alcohol. Order mailed 8/23/01; Order effective8/23/01. Court Action - Notice of appeal of Board’sOrder filed by doctor with Franklin County Court ofCommon Pleas on or about 8/31/01. By Decision andEntry filed on 9/12/01, Common Pleas Court granteddoctor’s request for a stay of Board’s Order during thependency of this action, conditioned upon doctor’scompliance with requirements that he (1) complete a 28day treatment program at Greene Memorial Hospital inXenia, Ohio; (2) submit to daily random urine screensand test negative for drugs and alcohol during thependency of this action; and (3) provide the court withthe treatment program’s aftercare recommendationsand follow those recommendations.

STEIN, Larry Nathan (MD #49322) – Baltimore, MDConsent Agreement - Medical license indefinitelysuspended; conditions for reinstatement and subsequentprobationary terms, conditions and limitations for fiveyears established. Based on doctor’s admission that hesuffers from depression and is unable to practiceaccording to acceptable and prevailing standards of careby reason of mental or physical illness. Agreementeffective 4/11/01.

STONE, Susan M. aka FESUS, Susan M. (MD #48304) –DaytonPre-hearing Suspension - Pursuant to Section4731.22(G), O.R.C., medical license summarilysuspended based on Board’s determination that there is











clear and convincing evidence that doctor’s ability topractice is impaired; that doctor commited an act thatconstituted a felony (Theft); and that doctor’s continuedpractice presents a danger of immediate and seriousharm to the public. Notice mailed 6/14/01; suspensioneffective upon service of notice on doctor via handdelivery on 6/21/01. Court Action - Notice of voluntarydismissal of appeal filed by doctor with Franklin CountyCourt of Common Pleas on 7/17/01.

TARESHAWTY, Eugene Frank Jr. (MD #58757) – PolandConsent Agreement - Medical license suspended for atleast nine months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed as opioiddependent and has sought treatment through a Board-approved provider. Effective 6/13/01.

TORE, Joseph Anthony (MD training certificate #2244) –ToledoPre-Hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to one felonycount of Illegal Processing of Drug Documents, for whichhe was found eligible for intervention in lieu of conviction.Notice mailed 3/15/01; suspension effective upon doctor’sreceipt of notice. Board Order - Permanent revocation oftraining certificate stayed subject to indefinite suspensionfor at least six months, such suspension to be retroactiveto 3/19/01, the effective date of doctor’s pre-hearingsuspension; interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,conditions, and limitations for at least five yearsestablished. Based on doctor’s plea of guilty to onefelony count of Illegal Processing of Drug Documents, forwhich he was found eligible for intervention in lieu ofconviction; acts underlying doctor’s guilty plea, whichinclude his issuing and filling a prescription for Ambien, aSchedule IV controlled substance, under a false patientname for his own use; and his admission during a court-ordered assessment that he had abused Ambien. Ordermailed 8/23/01; Order effective 8/23/01. Reinstatement -Doctor’s request for reinstatement granted by vote of theBoard on 9/12/01, subject to terms of 8/8/01 Board Order.

TWADDLE, Michael Alan (MD applicant) – ToledoBoard Order - Application for medical licensurepermanently denied based on applicant’s failure toprovide complete and accurate information on licensureand USMLE applications pertaining to actions takenagainst him by medical training programs. Order mailed9/13/01; Order effective 9/13/01.

VALEROS, Quirino B. (MD #33542) – Mesa, AZBoard Order - Medical license limited and restricted such

that doctor shall not commence practice in Ohio withoutprior board approval; conditions for approval established,including requirement that doctor enter into subsequentconsent agreement to monitor practice. Based on prioraction against doctor’s Arizona license by that state’smedical board for failure to adequately assess symptomsof cardiac ischemia, and subsequent action byCalifornia’s medical board based on Arizona action.Order mailed 8/13/01; Order effective 8/13/01.

WAGMAN, Philip Gary (MD #74129) – ColumbusConsent Agreement - Medical license reinstated subjectto probationary terms, conditions and limitations based onclinical determination that doctor does not suffer fromsubstance abuse disorder, and doctor having beendeemed capable of practicing according to acceptableand prevailing standards of care provided that treatmentand monitoring requirements are in place to address hismental and physical conditions. Agreement effective4/11/01; agreement to remain in effect for at least fiveyears prior to any request for termination.

WARD, Jimmie Steve (PA #1618) – CopleyBoard Order - Certificate to practice as a physicianassistant granted, subject to indefinite suspension;conditions for reinstatement established, includingrequirement that P.A. enter into subsequent consentagreement to monitor practice if deemed necessary bythe Board. Based on action by Texas’ licensing boardfollowing that board’s findings that P.A. had used Stadolon a daily basis for a specified period of time withoutprescriptions having been written for his personal use ofStadol and without documentation or justification for suchuse in his medical records. Order mailed 4/12/01; Ordereffective 4/12/01.

WESTERFIELD, Samuel Zasachilds III (MD #73566) –LancasterPre-hearing Suspension - Pursuant to Section3719.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to twelvefelony counts of Illegal Processing of Drug Documents,for which he was found eligible for intervention in lieu ofconviction. Notice mailed 6/14/01; suspension effectiveupon service of notice on doctor on 6/27/01. ConsentAgreement - Medical license suspended for at least sixmonths; interim monitoring conditions and conditions forreinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’sadmissions that he plead guilty to twelve felony counts ofIllegal Processing of Drug Documents, for which he wasfound eligible for intervention in lieu of conviction; andthat he has been diagnosed with generalized anxietydisorder, atypical bipolar disorder and major depressivedisorder, for which he has received treatment andaftercare through a Board-approved provider. Agreementeffective 9/12/01.









WILLIAMSON, Victoria Ann (MD #49905) – ToledoVoluntary Surrender - Doctor’s permanent voluntarysurrender of license accepted by Board in resolution ofrequirements of 12/3/97 consent agreement; doctorineligible for reinstatement in the future. Eff. 6/11/01.

WOLF, Leslie Rae (MD #56829) – KetteringConsent Agreement - Medical license suspended for atleast six months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that she has been diagnosed with opiatedependence, alcohol abuse and depression, for whichshe has sought treatment through a Board-approvedprovider. Effective 4/11/01. Pre-hearing Suspension -Pursuant to Section 3719.121(C), O.R.C., medical licenseimmediately suspended based on doctor having beenfound guilty of seven felony counts of Deception to Obtaina Dangerous Drug. Notice mailed 9/13/01; suspensioneffective upon service of notice on doctor on 9/15/01.

WOOD, Dirk Gregory (MD #50320) – SpringfieldBoard Order - Medical license permanently revokedbased on doctor’s plea of guilty to 19 felony counts ofIllegal Processing of Drug Documents, one felony countof Attempted Possession of Drugs, and five felonycounts of Unlawful Possession of DangerousOrdnance, to wit: two firearm mufflers or silencers, twoautomatic firearms, and one sawed-off firearm. Ordermailed 8/13/01; Order effective 8/13/01. Court Action- Notice of appeal of Board’s 8/8/01 permanentrevocation Order filed by doctor with Franklin CountyCourt of Common Pleas on or about 8/17/01.

WU, Ching-Cheng aka WU, Kenneth C. (MD #39244) –Allegany, NYBoard Order - Medical license revoked based on prioraction against doctor’s New York license by that state’smedical board following doctor’s admission that hecommitted professional misconduct by reason ofpracticing medicine negligently on more than oneoccasion in his treatment of three specified patients, andhis specific admission that he failed to obtain adequatediagnostic tests during their pre-natal care; and prioraction by California and Pennsylvania medical boardsbased on New York board action. (Journal Entry – nohearing requested) Order mailed 6/14/01; Order effective6/14/01.

YUN, Mary Mei-Ling (MD #72128) – LovelandPre-hearing Suspension - Pursuant to Section4731.22(G), O.R.C., medical license summarily sus-pended based on Board’s determination that there isclear and convincing evidence that doctor violatedconditions of limitation imposed by 10/98 consentagreement and that her ability to practice according to

acceptable and prevailing standards of care is impaireddue to mental illness; and that doctor’s continued practicepresents a danger of immediate and serious harm to thepublic. Notice mailed 7/12/01; suspension effective uponservice of notice on doctor on 7/14/01. Consent Agree-ment - 7/11/01 summary suspension terminated; medicallicense suspended for at least three months; interimmonitoring conditions and conditions for reinstatementestablished, including requirement that doctor enter intosubsequent consent agreement for at least ten years,such agreement to incorporate probationary terms,conditions and limitations to monitor practice. Based ondoctor’s admissions that she violated conditions oflimitation imposed on her license by 10/98 consentagreement by failing to follow all of her psychiatrist’streatment recommendations; and that she is unable topractice medicine according to acceptable and prevailingstandards of care due to mental illness. Agreementeffective 9/12/01.

Continuing Medical EducationALQUIZOLA, Florenda Canoy (MD #43435) Odessa, FLVoluntary Retirement - Doctor’s permanent voluntaryretirement accepted by Board in lieu of formal disciplinaryproceedings based on her representation on licenserenewal application that she had complied withContinuing Medical Education requirements when shehad not, in fact, done so. Effective 4/10/01.

ARO, Edgardo R. (MD #39351) – Mayfield VillageBoard Order - Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical educationrequirements for three C.M.E. acquisition periods. Basedon doctor’s failure to comply with continuing medicaleducation requirements. (Journal Entry – no hearingrequested) Order mailed 5/9/01; Order effective 6/9/01.

BRAY, Earl Dean (MD #58636) – Agra, KSBoard Order - Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical education require-ments for three C.M.E. acquisition periods. Based ondoctor’s failure to comply with continuing medicaleducation requirements. (Journal Entry – no hearingrequested) Order mailed 5/9/01; Order effective 6/9/01.

CHRISTMAN, Janet Butte (MD #22965) – Schenectady, NYBoard Order - Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical education require-ments for three C.M.E. acquisition periods. Based ondoctor’s failure to comply with continuing medical












education requirements. (Journal Entry – No hearingrequested) Order mailed 4/12/01; Order eff. 4/12/01.

DEMPSEY, James Everard (MD #68022) – PhoenixBoard Order - Medical license suspended for at least 30days; conditions for reinstatement for reinstatementestablished; subsequent to reinstatement, doctor subjectto audits of compliance with continuing medical educationrequirements for three C.M.E. acquisition periods. Basedon doctor’s failure to comply with continuing medicaleducation requirements. (Journal Entry – no hearingrequested) Order mailed 9/13/01; Order eff. 10/14/01.

FRANCE, Aaron McKenneth (DPM #2383) – Westfield, NCBoard Order - License to practice podiatric medicinesuspended for at least thirty days; conditions forreinstatement established; subsequent to reinstatement,doctor subject to audits of compliance with continuingmedical education requirements for three C.M.E.acquisition periods. Based on doctor’s failure to complywith continuing medical education requirements. (JournalEntry – no hearing requested) Order mailed 4/12/01;Order effective 4/12/01.

MANUEL, Timothy Scott (MD #65764) – BeavercreekConsent Agreement - Doctor reprimanded; subject toaudits of compliance with continuing medical educationrequirements for three C.M.E. acquisition periods. Basedon doctor’s failure to timely submit documentation ofcontinuing medical education hours in response to Boardaudit, although required hours had been timely com-pleted. Effective 7/11/01.

NICIFOROS, Peter John (MD #26672) – Alto Loma, CABoard Order - Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical education require-ments for three C.M.E. acquisition periods. Based ondoctor’s failure to comply with continuing medicaleducation requirements. (Journal Entry – no hearingrequested) Order mailed 6/14/01; Order eff. 6/14/01.

SARAMPOTE, Rolando Verdote (MD #37670) – RavennaBoard Order - Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical education require-ments for three C.M.E. acquisition periods. Based ondoctor’s failure to comply with continuing medicaleducation requirements. (Journal Entry – no hearingrequested) Order mailed 6/14/01; Order eff. 6/14/01.

Court Action Update

CLEMENS, Peter Conover (DO #5416) – LimaCourt Action - By Decision and Entry filed on 4/11/01,

Franklin County Court of Common Pleas affirmed Board’s5/10/00 probationary Order.

GODSELL-STYTZ, Gayl Marie (DO #5500) –BeavercreekCourt Action - By Decision and Judgment Entry filed7/14/01, Franklin County Court of Common Pleasaffirmed Board’s 7/12/00 permanent revocation Order.Notice of appeal to Tenth District Court of Appeals filed bydoctor on or about 7/17/01.

HAMADEH, Mazen B. (MD #73816) – Orlando, FLCourt Action - By Journal Entry filed 2/20/01, TenthDistrict Court of Appeals dismissed doctor’s appeal basedon his failure to timely file a brief.

HERMAN, Michael Lee (MD #54884) – YoungstownCourt Action - Notice of appeal to Ohio Supreme Courtfiled by doctor on or about 1/12/01. By Entry filed on4/4/01, Ohio Supreme Court declined to acceptjurisdiction of doctor’s appeal.

LIVINGSTON, Michael Francis (MT #6877) – ClevelandCourt Action - Notice of dismissal of appeal withoutprejudice filed on behalf of massage therapist on 1/26/01.

SMITH, Larry Lee (DO #1724) – Canfield VillageCourt Action - By Decision and Judgment Entry filed6/27/01, Franklin County Court of Common Pleasreversed Board’s 9/13/00 reprimand Order.

SMITH, Leonard K. (MD #36580) – KentonCourt Action - By Opinion and Entry filed on 7/19/01,Tenth District Court of Appeals affirmed 10/17/00 Decisionof Court of Common Pleas, which had affirmed Board’s6/9/99 suspension Order. By Entry filed 11/21/01, OhioSupreme Court declined to accept jurisdiction of doctor’sappeal. NOTE: Previously granted stay terminated uponfiling of Ohio Supreme Court Entry, which terminatedappeal. Allowing for 30 day period provided by Board’soriginal Order, suspension eff. 12/22/01 through 4/20/02.

WALKER, Ferieda M. (MD #60910) – DaytonCourt Action - By Decision and Judgment Entry filed6/13/01, Franklin County Court of Common Pleasaffirmed Board’s 6/14/00 permanent revocation Order.Notice of appeal to Tenth District Court of Appeals filed bydoctor on or about 7/10/01.

WEBB, Delano H., III (MD #37883) – Huntington, WVCourt Action - By Decision and Entry filed 3/16/01,Franklin County Court of Common Pleas affirmed Board’sOrder, but remanded it for technical correction. Technicalcorrection made by Entry and Order of the State MedicalBoard on 4/19/01. Suspension deemed eff. on 4/19/01upon issuance of Board’s Entry and Order. Notice ofappeal to Tenth District Court of Appeals filed by doctoron 4/25/01.

















[§ 4731.05.3] § 4731.053 Rules for physician’sdelegation of medical task.

Text of Statute

(A) As used in this section, “physician” meansan individual authorized by this chapter topractice medicine and surgery, osteopathicmedicine and surgery, or podiatric medicineand surgery.

(B) The state medical board shall adopt rulesthat establish standards to be met and proce-dures to be followed by a physician with respectto the physician’s delegation of the performanceof a medical task to a person who is not licensedor otherwise specifically authorized by theRevised Code to perform the task. The rulesshall be adopted in accordance with Chapter119. of the Revised Code.

(C) To the extent that delegation applies to theadministration of drugs, the rules adoptedunder this section shall provide for all of thefollowing:

(1) On-site supervision when the delegationoccurs in an institution or other facility that isused primarily for the purpose of providinghealth care, unless the board establishes aspecific exception to the on-site supervisionrequirement with respect to routine adminis-tration of a topical drug, such as the use of amedicated shampoo;

(2) Evaluation of whether delegation is appro-priate according to the acuity of the patientinvolved;

(3) Training and competency requirements thatmust be met by the person administering thedrugs;

(4) Other standards and procedures the boardconsiders relevant.

(D) The board shall not adopt rules that do anyof the following:

(1) Authorize a physician to transfer thephysician’s responsibility for supervising aperson who is performing a delegated medicaltask to a health professional other than anotherphysician;

(2) Authorize an individual to whom a medicaltask is delegated to delegate the performance ofthat task to another individual;

(3) Except as provided in divisions (D)(4) to (8)of this section, authorize a physician to del-egate the administration of anesthesia, con-trolled substances, drugs administered intrave-nously, or any other drug or category of drugthe board considers to be inappropriate fordelegation;

(4) Prevent an individual from engaging in anactivity performed for a handicapped child as aservice needed to meet the educational needs ofthe child, as identified in the individualizededucation program developed for the childunder Chapter 3323. of the Revised Code;

(5) Prevent delegation from occurring pursuantto section 5126.356 [5126.35.6] of the RevisedCode within the programs and services offeredby a county board of mental retardation anddevelopmental disabilities;

A new Ohio law permitting physicians to delegate certain medical tasks to unlicensedindividuals became effective on April 10, 2001. A summary of the law, Section 4731.053,Ohio Revised Code, appears on page 3 of this issue of Your Report. The full text of the lawis printed below, accompanied by rules adopted by the Board in compliance with the statute.

Delegating Medical Tasks: Statute and Rules


(6) Conflict with any provision of the RevisedCode that specifically authorizes an individualto perform a particular task;

(7) Conflict with any rule adopted pursuant tothe Revised Code that is in effect on the effec-tive date of this section, as long as the ruleremains in effect, specifically authorizing anindividual to perform a particular task;

(8) Prohibit a perfusionist from administeringdrugs intravenously while practicing as aperfusionist;

(9) Authorize a physician assistant, anesthesi-ologist assistant, or any other professionalregulated by the board to delegate tasks pursu-ant to this section.

HISTORY: 148 v H 585. Eff 4-10-2001.

The provisions of § 4 of HB 585 (148 v —) readas follows:

SECTION 4. Not later than August 31, 2001,the State Medical Board shall complete itsinitial adoption of rules under section 4731.053of the Revised Code with respect to physiciandelegation of medical tasks to persons who arenot licensed or otherwise specifically authorizedby the Revised Code to perform medical tasks.

4731-23-01 Definitions.As used in Chapter 4731-23 of the Administra-tive Code:

(A) “Administer” means the direct application ofa drug, whether by injection, inhalation, inges-tion, or any other means to a person.

(B) “Delegate” means to transfer authority forthe performance of a medical task to an unli-censed person.

(C) “On-site supervision” means that the physi-cal presence of the physician is required in thesame location (e.g., the physician’s office suite)as the unlicensed person to whom the medicaltask has been delegated while the medical task

is being performed. “On-site supervision” doesnot require the physician’s presence in thesame room.

(D) “Physician” means an individual authorizedby Chapter 4731. of the Revised Code to prac-tice medicine and surgery, osteopathic medicineand surgery, or podiatric medicine and surgery.

(E) “Task” includes, but is not limited to, theadministration of drugs in accordance with thisChapter of the Administrative Code.

(F) “Unlicensed person” means an individualwho is not licensed or otherwise specificallyauthorized by the Revised Code to perform thedelegated medical task.

(G) “Drug” means the same as in section4729.01(E) of the Revised Code.

Effective: 9/30/01

4731-23-02 Delegation of medical tasks.(A) A physician shall not delegate the perfor-mance of a medical task unless that physician hascomplied with all of the requirements of thisChapter of the Administrative Code and the del-egation otherwise conforms to minimal standardsof care of similar physicians under the same orsimilar circumstances.

(B) Prior to a physician’s delegation of the per-formance of a medical task, that physician shalldetermine each of the following:

(1) that the task is within that physician’sauthority;

(2) that the task is indicated for the patient;

(3) the appropriate level of supervision;

(4) that no law prohibits the delegation;

(5) that the person to whom the task will bedelegated is competent to perform thattask; and,

(6) that the task itself is one that should beappropriately delegated when consideringthe following factors:

Text of Rules


(a) that the task can be performedwithout requiringthe exercise ofjudgment based on medical knowledge;

(b) that the results of the task arereasonably predictable;

(c) that the task can safely be performedaccording to exact, unchangingdirections;

(d) that the task can be performedwithout a need for complex observationsor critical decisions;

(e) that the task can be performedwithout repeated medical assessments;and,

(f) that the task, if performedimproperly, would not present lifethreatening consequences or the dangerof immediate and serious harm to thepatient.

(C) When a physician delegates theadministration of drugs, that physician shallprovide on-site supervision, except in thefollowing situations:

(1) When the physician has transferredresponsibility for the on-site supervision ofthe unlicensed person who is administeringthe drug to another physician and thatphysician has knowingly accepted thatresponsibility on a patient-by-patient basis;

(2) In the routine administration of atopical drug, such as a medicated shampoo.

(3) When delegation occurs pursuant to5126.356 of the Revised Code within theprograms and services offered by a countyboard of mental retardation and develop-mental disabilities.

(D) This Chapter of the Administrative Codeshall not apply if the rules contained herein:

(1) Prevent an individual from engaging inan activity performed for a handicapped

child as a service needed to meet the educa-tional needs of the child, as identified in theindividualized education program developedfor the child under Chapter 3323. of theRevised Code;

(2) Prevent delegation from occurringpursuant to section 5126.356 of the RevisedCode within the programs and servicesoffered by a county board of mental retarda-tion and developmental disabilities;

(3) Conflict with any provision of theRevised Code that specifically authorizes anindividual to perform a particular task;

(4) Conflict with any rule adopted pursuantto the Revised Code that is in effect on theeffective date of this section, as long as therule remains in effect, specifically authoriz-ing an individual to perform a particulartask;

(5) Prohibit a perfusionist from administer-ing drugs intravenously while practicing asa perfusionist.

Effective: 9/30/01

4731-23-03 Prohibitions.(A) A physician shall not delegate the practiceof medicine as defined in section 4731.34 of theRevised Code. Nothing in this chapter of theAdministrative Code shall prohibit theperformance of emergency medical tasks.

(B) A physician shall not delegate a task to anunlicensed person if the task is beyond thatperson’s competence. In a hospital, as definedin section 3727.01 of the Revised Code, or anambulatory care center affiliated with thehospital (if the center meets the samecredentialing, quality assurance, and utilizationreview standards as the hospital) whereinunlicensed persons are employed or otherwiseauthorized by the governing authority of theinstitution to perform specific medical tasks,One factor the physician shall take into account


is the policies by which the employer or thegoverning authority of the institution seeks toensure that competent persons will beperforming the delegated tasks.

(C) A physician shall not delegate a medicaltask that is not within the authority of thatphysician or is beyond the physician’s training,expertise, or normal course of practice.

(D) A physician shall not transfer his or herresponsibility for supervising an unlicensedperson in the performance of a delegatedmedical task, except to another physician whohas knowingly accepted that responsibility.

(E) A physician shall not authorize or permit anunlicensed person to whom a medical task isdelegated to delegate the performance of thattask to another person.

(F) Except as provided in divisions (D)(4) to (8)of section 4731.053 of the Revised Code, aphysician shall not delegate to an unlicensedperson the administration of anesthesia, con-trolled substances, or drugs administeredintravenously.

STATE OF OHIOTHE STATE MEDICAL BOARD

77 South High Street, 17th FloorColumbus, Ohio 43215-6127

(G) The supervising physician retains responsi-bility for the manner in which the delegatedtask is carried out.

Effective: 9/30/01

4731-23-04 Violations.(A) A violation of any provision of any rule inthis chapter of the Administrative Code, asdetermined by the board, shall constitute “adeparture from, or the failure to conform to,minimal standards of care of similar practitio-ners under the same or similar circumstances,whether or not actual injury to a patient isestablished,” as that clause is used in division(B)(6) of section 4731.22 of the Revised Code.

(B) A violation of any provision of any rule inthis chapter of the Administrative Code thatpertains to the administration of drugs, asdetermined by the board, shall constitute“failure to maintain minimal standards appli-cable to the selection or administration ofdrugs,” as that clause is used in division (B)(2)of section 4731.22 of the Revised Code.

Effective: 9/30/01