State of Delaware Board of Medical Practice
September 11, 2007 Minutes Approved (10/02/07)
Page 6
861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: DELAWARE BOARD OF MEDICAL PRACTICE
MEETING DATE AND TIME: Tuesday, September 11, 2007 at 3:00 p.m.
PLACE: 861 Silver Lake Boulevard
Second Floor Conference Room A
Dover, Delaware
MINUTES APPROVED (10/02/07)
MEMBERS PRESENT
Karl McIntosh, M.D., President, Presiding
Galicano Inguito, M.D., Professional Member, Vice Chairperson
Margaret Prouse, Ed.D., Public Member, Secretary/Treasurer
John Banks, Public Member
Ray Blackwell, M.D., Professional Member
George Brown, Public Member
Stephen Cooper, M.D., Professional Member
Dustin Davis, D.O., Professional Member
Nasreen Khan, D.O., Professional Member
Vincent Lobo, D.O., Professional Member
Raymond Moore, Public Member
Anthony Policastro, M.D., Professional Member
James Salva, M.D., Professional Member
Oluseyi Senu-Oke, M.D., Professional Member
Lindsey Slater, M.D., Professional Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT
Allison Reardon, Deputy Attorney General
Gayle MacAfee, Executive Director
Shauna Slaughter, Administrative Specialist II
James Collins, Director
MEMBERS ABSENT
Vance Daniels, Public Member
ALSO PRESENT
Barbara Gadbois, Deputy Attorney General, Department of Justice
Vera Sitze, Court Reporter, Wilcox and Fetzer
Narciso Inocencio, M.D.
Victoria Hall
CALL TO ORDER
Dr. McIntosh called the meeting to order at 3:25 p.m.
UNFINISHED BUSINESS
Conduct Formal Hearing on Confidential Hearing Panel Report for Complaint #10-75-04
At 3:28 p.m., Dr. Prouse called the formal hearing to order concerning complaint number 10-75-04. Verbatim testimony was taken by court reporter. Dr. Prouse explained the purpose of the hearing. Introductions took place. Mr. Banks, Drs. McIntosh, Inguito and Lobo recused themselves from the hearing. Dr. Narciso Inocencio was present along with Deputy Attorney General Barbara Gadbois. Dr. Senu-Oke moved, seconded by Dr. Blackwell, to adopt the findings of fact from the hearing panel’s report. Motion unanimously carried.
The board went off the record to deliberate on the legal conclusions of law. The board came back on the record. Dr. Senu-Oke moved, seconded by Mr. Moore, to accept the conclusions of law regarding 24 Del. C. Section 1731 (b) (19). Motion unanimously carried. Dr. Senu-Oke moved, seconded by Mr. Brown, to accept the conclusions of law regarding 24 Del. C. Section 1731 (b) (1). Motion unanimously carried. Dr. Senu-Oke moved, seconded by Mr. Brown, to accept the conclusions of law regarding 24 Del. C. Section 1731 (b) (3). Motion unanimously carried. Dr. Senu-Oke moved, seconded by Mr. Brown, to accept the conclusions of law regarding 24 Del. C. Section 1731 (b) (6). Motion unanimously carried. Dr. Senu-Oke moved, seconded by Mr. Brown, to accept the conclusions of law regarding 24 Del. C. Section 1731 (b) (2). Motion unanimously carried. Dr. Senu-Oke moved, seconded by Mr. Brown, to accept the conclusions of law regarding 24 Del. C. Section 1731 (b) (11). Motion unanimously carried.
The board went off the record to deliberate on the penalty phase. The board came back on the record. Dr. Senu-Oke moved, seconded by Mr. Moore, to adopt the hearing panel’s recommended penalty to permanently revoke the license to practice medicine of Dr. Narciso Inocencio. Motion unanimously carried. The hearing adjourned at 4:17 p.m.
REVIEW OF MINUTES
The board reviewed the July 24, 2007 Executive Session and meeting minutes for approval. Dr. Prouse moved, seconded by Mr. Moore, to approve both minutes as written. Motion unanimously carried.
UNFINISHED BUSINESS
Results of Executive Session Discussion
Dr. Blackwell moved, seconded by Dr. Prouse, that the board after having reviewed the results of the investigations, determined in the exercise of its discretion, that the matters not proceed further and that the following investigations be closed as noted without prosecution in the following cases, including those requiring a letter of concern to be sent to the Respondent(s) as noted. Motion unanimously carried.
Cases Closed Cases Closed with Letter of Concern
10-50-06 10-22-07 10-44-07 10-40-03
10-137-06 10-38-07 10-47-07 10-53-07
10-01-07 10-41-07 10-50-07
10-20-07 10-43-07 10-56-07
The Board considered the Consent Agreement on Case #10-26-04. Dr. Inguito moved, seconded by Dr. Prouse, to accept the Consent Agreement as the appropriate disciplinary sanction to be imposed on Michael Burkhart, M.D. Motion unanimously carried. Dr. Burkhart will be issued a letter of reprimand and is bound to additional terms and conditions in the Consent Agreement.
Sign Order from Hearing Held June 5, 2007 for Reuben I. Ash, M.D.
The board signed the Order denying the application from Reuben I. Ash, M.D. for a certificate to practice medicine in Delaware based upon his failure to obtain 12 affirmative votes to waive the disqualification for licensure.
Conduct Hearing on Proposed Annulment of Institutional License for Adam Scioli, D.O.
This scheduled hearing was cancelled. Adam Scioli, D.O. is no longer employed at the facility for which the training license was issued.
Conduct Proposal to Deny Hearing for Lawrence J. Goren, M.D.
The Board reviewed a request from Lawrence J. Goren, M.D. to withdraw his application to practice medicine in Delaware. Dr. Prouse moved, seconded by Mr. Brown, to accept the withdrawal. Motion unanimously carried.
Sign Order from Hearing held July 24, 2007 for Howard Arian, M.D.
The Board signed the Order approving the application from Howard Arian, M.D. for a certificate to practice medicine in Delaware. The Board had concluded that Dr. Arian had met his burden of proof in this case as set forth in 24 Del. C. Section 1720(b)(4).
New Business
Review of Applications for Registration and Licensure
Physicians for Licensure – Medical and Osteopathic – Dr. Inguito moved, seconded by Dr. Prouse, to approve the following medical doctors and osteopathic doctors for a certificate to practice medicine and to place Drs. Susan Kornacki and Meira Friedman on the list of M.D.’s for licensure, as all applicants had met the licensure requirements as set forth by statute. Motion unanimously carried.
Janelle Agosto Carol Alvarado-Barrantes Quaser Amin Manohar Aribandi
Ryan Arnold Anas Atrash Lauren Averill Shahla Bagheri
Maryam Bakhtar Sarabjit Bedi Lucas Beerepoot Mark Borsody
Naeem Chaudhry Janet Cruz Francesco D’Alessandro Veronica Dinu
George Dutkewych Andrew Edelman Mouhanad Freih Meira Friedman
Susheer Gandotra Carolyn Grotkowski Kelly Heath Fadi Ibrahim
Susan Kornacki Nana Kutateladze Alexia Moutsatsos Ajike Ogunsulire
Stephanie Page Meenakshi Pandit Alejandro Peralta-Soler Narayana Rao Pula
Manuel Ramos, Jr. Edmondo Robinson Stephen Saponaro Aasim Sehbai
Anita Sgrignoli Banu Tinjum Assen Todorov Bryan Villar
David Webner Robert Wolf Jamey Wright
D.O.'s for Licensure
Lawrence Kutz Cheryl Opalack Laurie Ann Spraga Stephanie Walter
Physician Assistants for Licensure
Dr. Blackwell moved, seconded by Dr. Inguito, to approve the following physician assistant for licensure as noted below. Motion unanimously carried.
Raushanah Bradley
Dr. Blackwell moved, seconded by Mr. Banks, to approve the following physician assistants for prescriptive authority as noted below. Motion passed with Dr. Blackwell recusing himself from Ms. Zakszeski’s application.
Physician Assistants for Prescriptive Authority – Controlled
Patricia Decawski Anna Freeman Nancy Luxa-LeBlanc* Ellen Radziewicz
Michele Rinaldo Kelly Zakszeski
Physician Assistants for Prescriptive Authority – Non-Controlled
Anna Freeman Nancy Luxa-LeBlanc* Ellen Radziewicz Michele Rinaldo
Kelly Zakszeski
*The application from Nancy Luxa-LeBlanc will need to be verified that only two (2) physician assistants are being supervised at any given time by the supervising physician.
Respiratory Care Practitioners for Licensure
Dr. Prouse moved, seconded by Dr. Khan, to approve the following Respiratory Care Practitioners for licensure as noted below. Motion unanimously carried.
Cassandra Beaver Kathleen Pearson Ashley Smedberg
Advanced Practice Nurses for Prescriptive Authority
Dr. Prouse moved, seconded by Dr. Khan, to approve the following Advanced Practice Nurses for Prescriptive Authority as noted below. Motion unanimously carried.
Family Nurse Practitioner
Paula Wilcox-Pendleton Megan Williams
Women’s Health Care Nurse Practitioner
Nancy Lorber
Review Application from Darryl Smith, D.O.
The board reviewed the application submitted by Darryl Smith, D.O. to practice medicine in Delaware. Dr. Prouse moved, seconded by Mr. Brown, to propose to deny the application from Dr. Smith as he may not meet the qualifications for a certificate to practice medicine in Delaware. Specifically, it was determined that the verification of postgraduate medical education submitted by the Program Director in Vascular Interventional Radiology at Emory University Hospital indicated that Dr. Smith was placed on academic probation, that negative reports were filed by his instructors, and that he had resigned from the program. Motion unanimously carried.
Complaint Form Created to Allow Anonymous Reporting of Unlicensed Activity
For informational purposes, a new complaint form was designed to allow for the anonymous reporting of unlicensed activity only. The form does not require a signature, but Complainants are encouraged to provide their name.
Proposed Draft Legislation from Senator Robert Marshall
The Board reviewed and discussed the draft legislation. Dr. Lobo moved, seconded by Dr. Policastro that the Board is in support of this draft legislation. Motion unanimously carried.
Letter from Michael R. Burke Re: Use of Acupuncturists by a Physician
The Board reviewed and discussed the letter from Michael R. Burke on the use of acupuncturists by physicians. The Board tabled their discussion and requested specific information be gathered for their discussion at the next scheduled meeting.
Review Application from James Ganey, M.D.
The board reviewed the application submitted by Dr. Ganey to practice medicine in Delaware. Dr. Prouse moved, seconded by Dr. Senu-Oke, to propose to deny the application pursuant to 24 Del. C. Section 1720(b)(4). Motion unanimously carried., Dr. Ganey could not submit to the board a sworn statement that he had not been disciplined by a licensed hospital or by the medical staff of the hospital, including the removal, suspension, or limitation of hospital privileges, the non renewal of privileges for cause, the resignation of privileges under pressure of investigation or other disciplinary action, if the discipline was based upon what the hospital or medical staff found to be unprofessional conduct, professional incompetence, or professional malpractice.
OTHER BUSINESS BEFORE THE BOARD (For Discussion Only)
The Federation of State Medical Boards is interested in receiving comments and feedback from member boards regarding the ongoing strategic review of the structure, format and content of the United States Medical Licensing Examination (USMLE). Dr. Inguito encouraged board members to participate on this USMLE review.
Based on the recent difficulty in assembling hearing panels, Dr. Prouse suggested scheduling hearing panels after 4:00 p.m. or in the evenings and possibility conducting the hearings in all three counties.
Public Comment
Ms. Hall was present to say her goodbyes to the Board. In response, the Board gave her a standing ovation for her administrative support.
Next Meeting
The board will hold their next meeting on Tuesday, October 2, 2007 at 2:30 p.m., in the 2nd floor Conference Room “A” of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.
Adjournment
There being no further business before the board, Dr. Prouse moved, seconded by Dr. Lobo, to adjourn. The meeting adjourned at 5:17 p.m.
Respectfully submitted,
Gayle Lynn MacAfee, MS
Executive Director
Delaware Board of Medical Practice