Indiana Board of Podiatric Medicine
MINUTES
INDIANA BOARD OF PODIATRIC MEDICINE
FEBRUARY 9, 2007
I. CALL TO ORDER
Dr. Sluzewski called the meeting to order at 9:32 a.m. in Room W064 located in the Indiana Professional Licensing Agency, Indiana Government Center South, 402 West Washington Street, Indianapolis, Indiana, and established a quorum in accordance with IC § 25-29-2-5.
Members Present:
Richard E. Sluzewski Jr., D.P.M., President
Sandra Raynor, D.P.M.
Joseph G. Wolfe, D.P.M.
John M.T. Chavis, II, Consumer Member
Members Absent:
Vincent Coda, D.P.M.
Usha Menon, Ph.D, RN, Consumer Member
Staff Present:
Valerie L. Jones, Board Director
Nancy Harvey, Assistant Board Director
Elizabeth Brown, Deputy Attorney General
II. ADOPTION OF AGENDA
A motion was made and seconded to adopt the agenda.
WOLFE/CHAVIS
Motion carried 4-0-0
III. APPROVAL OF MINUTES FROM SEPTEMBER 29, 2006
A motion was made and seconded to approve the minutes from the December 15, 2006 meeting of the Board.
WOLFE/CHAVIS
Motion carried 4-0-0
IV. IV. PERSONAL APPEARANCE
A. Robert Jamey Herbst, License #07000975A
Dr. Herbst personally appeared before the Board according to the terms of his probation and gave an updated report on his current status of employment. He is currently working as a volunteer podiatrist and teaching full time at Heritage Academy.
Since his last personal appearance Dr. Herbst informed the Board that he is coaching basketball, and serves as a volunteer 2-3 times a month. He also informed the Board that he has applied to enter the Army Reserves and has submitted a letter showing that he is off of federal probation.
Dr. Herbst stated that if he is admitted to the Army he will go to boot camp this summer. As a back-up plan, he is planning on taking the Praxis exam to become a teacher through the teaching program at the Northern Kentucky University. He informed the Board that he eventually wants to teach in Indiana and operate a small practice.
The Board questioned Dr. Herbst about his pending criminal matter and he submitted information showing that the charges have been dismissed. The Board reviewed the legal documents submitted by Dr. Herbst verifying this information.
Dr. Herbst asked if the Board would allow him to work in a private practice if he had a supervising podiatrist reviewing his files. The Board suggested that Dr. Herbst search out employment and present the Board with a plan of action at the June meeting. The Board expressed concern with the issue of necessary oversight.
V. V. ADMINISTRATIVE HEARING
A. State of Indiana v. Dr. Richard Lundeen, D.P.M
Administrative Cause No. 2006 PMC 0001
Re: Summary Suspension Hearing
Parties and Counsel Present:
Mark Mader, Counsel for the State of Indiana
Participating Board Members:
Dr. Sluzewski (Hearing Officer)
Dr. Raynor
Dr. Wolfe
Mr. Chavis
Case Summary: A Petition for Summary Suspension was filed on December 11, 2006 against the Respondent alleging that the Respondent represents a clear and immediate danger to the public health and safety for driving while intoxicated.
Mark Mader, counsel for the State of Indiana, and James Brauer, counsel for the Respondent, presented an agreement to the Board to summarily suspend the Respondent’s license to practice podiatry in the State of Indiana that was approved by the Board at it December 15, 2006 board meeting..
The State of Indiana filed a request for an extension of the summary suspension on February 8, 2007.
Counsel for the State of Indiana presented a summary suspension agreement to the Board for approval.
Board Action: A motion was made and seconded to approve the agreement presented for an indefinite summary suspension of the Respondent’s license that shall run up to and include the date of the order issued as a result of the final hearing in the Respondent’s criminal case.
SLUZEWSKI/CHAVIS
Motion carried 4-0-0
VI. LICENSURE APPLICATION REVIEW
A. Makridakis, Nick
Mr. Makridakis personally appeared before the Board to request the approval of his limited license to participate in a postgraduate training program.
The Board discussed the requirements for obtaining a limited license. The Board informed Mr. Makridakis that he needs to be admitted to an approved Council on Podiatric Medical Education (CPME) prior to being eligible for a limited license.
A motion was made and seconded to keep the Makridakis file in pending status until he is admitted to a COPE approved program.
RAYNOR/CODA
Motion carried 4-0-0
B. Berry, Tim
The Board reviewed the application of Mr. Berry. A motion was made and seconded to approve the application of Mr. Aguilar pending the receipt of a notarized completion of residency.
WOLFE/CHAVIS
Motion carried 4-0-0
C. Aguilar, Abel
The Board reviewed the application of Mr. Aguilar. A motion was made and seconded to approve the application and issue a full license
CHAVIS/SLUZEWSKI
Motion carried 4-0-0
D. Ahmed, Syed
The Board reviewed the application of Mr. Ahmed. A motion was made and seconded to request additional information from the Barry University program
SLUZEWSKI/CHAVIS
Motion carried 4-0-0
E. Sopkie, Steven
The Board reviewed the application of Mr. Sopkie. A motion was made and seconded to require a personal appearance requesting the following additional information:
1. Mr. Sopkie submit a certificate documenting his second year for the 6-month time period of January 2003 – July 2003.
2. Explain why his malpractice does not include surgery.
RAYNOR/CHAVIS
Motion carried 4-0-0
VII. OLD/NEW BUSINESS
A. Appointment of Board Member for CSAC
Director Jones informed the Board of the need to appoint a member of the Board of Podiatric Medicine to the Controlled Substances Advisory Committee (“CSAC”). Director Jones asked that Dr. Raynor, the current appointee, give brief description of committee member’s responsibility.
A motion was made and seconded to appoint Dr. Raynor to CSAC.
SLUZEWSKI/CHAVIS
Motion carried 4-0-0
B. Election of Officers
A motion was made and seconded to elect Dr. Sluzewski as Board President
CHAVIS/RAYNOR
Motion carried 3-0-1
Dr. Sluzewski abstained
A motion was made and seconded to elect Wolfe as Vice-President of the Board
CHAVIS/RAYNOR
Motion carried 3-0-1
Dr. Wolfe abstained
C. Rule Update Discussion
Director Jones asked the Board if they had any suggestions for rule changes. Director Jones then informed the Board of the need to readopt the following rules so that they do not expire:
845 IAC 1-1-1
845 IAC 1-4.1-3
845 IAC 1-4.1-6
845 IAC 1-6
845 IAC 1-7
845 IAC 1-8.1
Director Jones informed the Board that the rule hearing to readopt the expiring rules will likely take place at the June Board meeting.
D. Upcoming Renewal
Director Jones informed the Board that the renewal notices will be mailed out at the end of April 2007. The Board requested that board staff notify the Indiana Association of the new renewal mailer.
VIII. ADJOURNMENT
There being no further business and having completed its duties, the meeting of the Board of Podiatric Medicine adjourned at 12:42 a.m.
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Richard E. Sluzewski, Jr., D.P.M. Date
President, Indiana Board of Podiatric Medicine
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