FINAL APPROVED
VIRGINIA BOARD OF MEDICINE
PERIMETERCENTER
9960 Mayland Drive, Suite
Richmond, Virginia
MINUTES
DATE, TIME & PLACE:On October 19, 2007, at 8:45 a.m., with a quorum of the Board present and the Board President presiding as Chair, at the offices of the Department of Health Professions, the Board convened pursuant to Va. Code §54.1-2408.1 in order to consider whether a practitioner’s ability to practice medicine and surgery constituted a substantial danger to public health and safety.
MEMBERS PRESENT:Stephen E. Heretick, J.D., Chair, President
Robert T. Mosby, Jr., M.D.
Ann T. Burks
Patrick W. Clougherty, M.D.
Malcolm L. Cothran, Jr., M.D.
Claudette Dalton, M.D.
William H. Epstein, M.D.
Suzanne Everhart, D.O.
Gen. Clara Adams-Ender, R.N.
Valerie Hoffman, D.C.
Gopinath Jadhav, M.D.
Karen Ransone, M.D.
STAFFPRESENT:Amy Marshean, Sr. Assist. Attorney General, Board Counsel
& OAGWilliam L. Harp, Executive Director
Jennifer L. Deschenes, Deputy Executive Director, Discipline
Renee S. Dixson, Discipline Case Manager
PARTIES FOR THEWilliam C. Garrett, Assistant Attorney General
COMMONWEALTH:Michelle Wilson, Adjudication Specialist
MATTER CONSIDERED:Kelly Fogle, M.D. License No.: 0101-025512
Case No.: 112166
The Board received information from Mr. Garrett in order to determine whether Dr. Fogle’s ability to practice medicine and surgery constituted a substantial danger to public health and safety. Mr. Garrett provided details of the case to the Board for its consideration.
CLOSED SESSION:Upon a motion by Dr. Ransone, and duly seconded by Dr. Cothran, the Committee voted to convene a closed meeting pursuant to §2.2-3711.A(28) of the Code of Virginia, for the purpose of deliberation to reach a decision in the matter of Dr. Fogle. Additionally, she moved that Ms. Marshean, Dr. Harp, Ms. Deschenes, and Ms. Dixson attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Board in its deliberations.
RECONVENE:Having certified that the matters discussed in the preceding closed session met the requirements of §2.2-3712 of the Code, the Committee re-convened in open session and announced its decision.
DECISION:On a motion by Dr. Ransone, and duly seconded by Dr Cothran, the Board determined that Dr. Fogle’s ability to practice medicine and surgery constituted a substantial danger to the public health and safety and voted to summarily suspend his license simultaneous with the institution of proceedings for a formal administrative hearing pursuant to Section 54.1-2408.1 of the Code of Virginia.
VOTE:The vote was unanimous.
ADJOURNMENT:The Board adjourned at 8:55 a.m.
A formal hearing will be scheduled before the Board for a final determination regarding this pending matter.
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Stephen E. Heretick, J.D., ChairWilliam L. Harp, M.D.
PresidentExecutive Director
11/14/200712/13/2007
DateDate
CALL TO ORDER:A panel of the Board was called to order at 9:28 a.m.
MEMBERS PRESENT:Gopinath Jadhav, M.D., Chair
William H. Epstein, M.D.
Valerie L. Hoffman, D.C.
Robert T. Mosby, Jr., M.D.
Karen A. Ransone, M.D.
Ellen Shapiro, D.P.M.
Ann T. Burks, J.D.
STAFF PRESENT:Amy Marschean, Sr. A.A.G., Board Counsel
William L. Harp, M.D., Executive Director of the Board
Reneè S. Dixson, Discipline Case Manager
PARTIES ON BEHALF OFWilliam C. Garrett, Assistant Attorney General
THE COMMONWEALTH: Michelle Wilson, Adjudication Specialist
WITNESSES:Sr. Pat Sheehan, DHP (on behalf of the Commonwealth)
Sr. Inv. Zue Zich, DHP(on behalf of the Commonwealth)
SA Dana Crane, Virginia State Police (on behalf of the Commonwealth)
William Flannigan (on behalf of the Commonwealth)
Helen Scott (on behalf of the Commonwealth)
Atul P. Kapadia, M.D. (onbehalf of Dr. Aggroia)
COURT REPORTER:Keith Crane, Crane-Snead & Associates
MATTER SCHEDULED:Abhay V. Aggroia, M.D. License No.: 0101-055856
Case No.: 104100, 116178
PRELIMINARY MATTERS:Mr. Moore requested that all witnesses who would be called to testify be sequestered pending the presentation of their testimony. No objections were noted by Mr. Garrett on behalf of the Commonwealth.
RULING:Hearing no objections, Mr. Moore’s motion was granted and the witnesses were sequestered.
Mr. Garrett made an opening statement and presentation of the Commonwealth Exhibits. Mr. Joseph requested that Dr. Aggroia be allowed to present his opening statement at the beginning of his case presentation. The motion was granted.
DISCUSSION:Dr. Aggroia appeared before the Board in accordance with a Notice and Statement of Particulars dated September 13, 2007. He was represented by James Moore and Jonathan Joseph, Esquires. The Board received evidence and sworn testimony regarding the allegations in the Statement of Particulars from witnesses called to testify and Dr. Aggroia.
CLOSED SESSION:Upon a motion by Dr. Ransone, and duly seconded by Dr. Mosby, the Board voted to convene a closed meeting pursuant to §2.2-3711.A(28) of the Code of Virginia, for the purpose of deliberation to reach a decision in the matter of Dr. Aggroia. Additionally, she moved that Ms. Marshean, Dr. Harp and Ms. Dixson attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Board in its deliberations.
RECONVENE:Having certified that the matters discussed in the preceding closed session met the requirements of §2.2-3712 of the Code, the Board re-convened in open session and announced its decision.
DECISION: Upon a motion by Dr. Hoffman, and duly seconded by Dr. Ransone, the Board made certain Findings of Factand Conclusions of Lawand voted to deny Dr. Aggroia’s application for reinstatement and ordered that he may not petition for reinstatement for at least two (2) years.
VOTE:The vote was unanimous.
ADJOURNMENT:The Board adjourned at 4:28 p.m.
This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.
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Gopinath Jadhav, M.D., ChairWilliam L. Harp, M.D., Executive Director
11/06/200712/13/2007
DateDate
CALL TO ORDER:A Special Conference Committee of the Board was called to order at 11:18 a.m.
MEMBERS PRESENT:Malcolm L. Cothran, Jr., M.D., Chair
Claudette Dalton, M.D.
Stephen E. Heretick, J.D.
STAFF PRESENT:Jennifer L. Deschenes, Deputy Executive Director, Discipline
Barbara Matusiak, M.D., Medical Review Coordinator
Virginia A. Scher, Adjudication Specialist
OTHERS PRESENT:Dr. Rick Curtis (on behalf of Dr. Jennings)
Dr. Gould(on behalf of Dr. Jennings)
Ann Rawls-Tucker, Clinical Psychologist[on behalf of Dr. Jennings]
MATTER SCHEDULED:Walter S. Jennings, Jr., M.D.License No.: 0101-034383
Case No.: 106481
DISCUSSION:Dr. Jennings appeared before the Committee in accordance with a Notice of Informal Conference dated June 29, 2007. He was represented by Rodney K. Adams & Donna Foster, Esquires. The Committee fully discussed the allegations in the Notice with Dr. Jennings.
CLOSED SESSION:Upon a motion by Mr. Heretick, and duly seconded by Dr. Dalton, the Committee voted to convene a closed meeting pursuant to §2.2-3711.A(28) of the Code of Virginia, for the purpose of deliberation to reach a decision in the matter of Dr. Jennings. Additionally, he moved that Ms. Deschenes and Dr. Matusiak attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Board in its deliberations.
RECONVENE:Having certified that the matters discussed in the preceding closed session met the requirements of §2.2-3712 of the Code, the Board re-convened in open session and announced its decision.
DECISION: Upon a motion by Dr. Dalton, and duly seconded by Mr. Heretick, the Board made certain Findings of FactandConclusions of Lawand voted to place Dr. Jennings’ license on indefinite probation subject to terms and conditions.
VOTE:The vote was unanimous.
ADJOURNMENT:The Committee adjourned at 4:55 p.m.
As provided by law this decision shall become a Final Order thirty (30) days after service of such Order on Dr. Jennings, unless a written request to the Board for a formal hearing on the allegations made against him is received from Dr. Jennings, within such time. If service of the Order is made by mail three (3) additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of the Special Conference Committee shall be vacated.
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Malcolm L. Cothran, Jr., M.D.William L. Harp, M.D., Executive Director
12/06/200712/13/2007
DateDate