New Mexico Board of Osteopathic Medical Examiners

December 4, 2012 Minutes

REGULAR BOARD MEETING

Tuesday, December 4, 2012

Regulation & Licensing Real Estate Conference Room

5200 Oakland Avenue

Albuquerque, New Mexico

“MINUTES”

MEMBERS PRESENT: Jeremy Edmonds, DO, Chairman

William Barkman DO, Vice-Chairman

James Baum, DO, Professional Member

Regina Arrigoni, Public Member

BOARD STAFF: Martha Gallegos, Board Administrator

Laura Romero-Halama, Compliance Officer

Rick Word, Asst. Attorney General

1. CALL TO ORDER AND ROLL CALL

Chairman Dr. Edmonds called the meeting to order at 1:05 p.m. Roll call was taken and it

was determined that a quorum was present.

2. APPROVAL OF AGENDA

Ms. Arrigoni MOTIONED to approve the agenda. Dr. Barkman SECONDED the

motion. Motion PASSED by unanimous decision.

3. APPROVAL OF BOARD MEETING MINUTES

June 19, 2012 – Ms. Arrigoni MOTIONED to approve the minutes of the June 19, 2012,

regular board meeting. Dr. Barkman SECONDED the motion. Motion PASSED by

unanimous decision. Dr. Barkman MOTIONED to amend the previously approved

minutes to reflect the correction of the new licensees to be DO’s rather than OD’s. Ms.

Arrigoni SECONDED the motion. Motion PASSED by unanimous decision.

4. NEW BUSINESS

A. Ratification & Approval of New Licensees – Ms. Arrigoni MOTIONED to approve

the listing of new licensees for approval and read them out loud. Dr. Barkman

SECONDED the motion. Motion PASSED by unanimous decision.

The listing is as follows:

Lori Proe, DO A-1680-12

Martha Dodson, DO A-1679-12

Neha Patel, DO A-1683-12

Diana Sheets Mock, DO A-1681-12

Melody Paulishak, DO A-1682-12

Jason Marley, DO A-1684-12

Sean Cote, DO A-1687-12

Leo Hise, DO A-1685-12

John Cassani, DO A-1686-12

Morgan Lyons , DO A-1688-12

Janett Phelps, DO A-1689-12

Joseph Weisensel, DO A-1691-12

Shanna Vaughn Diaz, DO A-1690-12

Jonathan Jones, DO A-1692-12

Jinyi Ling, DO A-1693-12

William Scott, DO A-1694-12

Laurie Maysick, DO A-1695-12

Nii-Daako Darko, DO A-1696-12

David Bryman, DO A-1697-12

Sonia Hernandez, DO A-1699-12

John James, DO A-1700-12

Basil Younes, DO A-1698-12

Lisa Vianna, DO A-1701-12

Steven Chintis, DO A-1702-12

Anthony Conciatori, DO A-1705-12

Mark Walker, DO A-1703-12

B. FSMB Update and Request for Nomination of Officers – The Board had discussion

about nominating someone from New Mexico to serve as an officer. Dr. Edmonds

informed the Board what would be involved if someone were to serve. Ms. Arrigoni

suggested both Dr. Edmonds and Dr. Barkman attend the April conference in Boston.

C. Election of Officers – Dr. Barkman MOTIONED for Dr. Edmonds to be the new

Chair of the New Mexico Board of Osteopathic Medical Examiners. Ms. Arrigoni

nominated Dr. Barkman to be Chair. Dr. Barkman declined. Dr. Baum SECONDED

the standing motion. Motion PASSED by unanimous decision. Dr. Edmonds

MOTIONED for Dr. Barkman to be the Vice-Chair. Dr. Baum SECONDED the

motion. Motion PASSED by unanimous decision.

D. Committee Appointments – Chair Dr. Edmonds appointed committee members as

follows: Dr. Baum, Licensing Committee; Chair Dr. Edmonds, Complaint Committee;

Dr. Barkman and Chair Edmonds, Rules Committee.

5. OLD BUSINESS

A.  Overdose Task Force Update

1)  Update with Dr. Barkman – Dr. Barkman gave a brief update with the latest recommendations on rules from the overdose task force meetings.

2)  Ralph McClish – Mr. McClish with the New Mexico Association of Osteopathic Medicine suggested the possibility of a non-punitive task force, that would not include members of the Board, to review physicians that have been flagged for possible overprescribing. The panel would be a recommending body only and would present their conclusions and recommendations to the Board. He also asked the Board to reconsider education when working on proposed rules.

B.  Discussion of Proposed Rules – The Board discussed the need for rewriting the rules

and the possibility of combining both the osteopathic physicians and the physician’s assistants’ rules, which would require new legislation. Ms. Arrigoni MOTIONED to table a rule hearing for the next meeting to allow the board more time to work on the proposed rule. Dr. Barkman SECONDED the motion. Motion PASSED by unanimous decision.

6. PUBLIC COMMENT - There was no public comment.

7. EXECUTIVE SESSION – Dr. Barkman MOTIONED that the meeting of the New

Mexico Board of Osteopathic Medical Examiners be closed while the Board enters into

Executive Session pursuant to §10-15-1.H.1 & 3 to discuss complaints, licensing matters

and issuance of notices of contemplated action, to deliberate in connection with

administrative disciplinary hearings, to discuss pending or threatened litigation or updates

on pending cases specific only to the items listed on the agenda. Ms. Arrigoni

SECONDED the motion. Motion PASSED by unanimous decision.

Roll call vote was taken: Dr. Edmonds, Yes; Dr. Barkman, Yes; Dr. Baum, Yes; Ms.

Arrigoni, Yes

The Board entered into executive session at 2:57 p.m.

DECISIONS ON MATTERS DISCUSSED IN EXECUTIVE SESSION – At 4:25 p.m.

Chair Dr. Edmonds reconvened the Board to open session and stated for the record “Only

those items listed on the Executive Session Agenda were discussed”

A.  O-COM-11-04 – Ms. Arrigoni MOTIONED to dismiss and close the case, complaint unfounded. Dr. Baum SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

B.  O-COM-11-07 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Barkman SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

C.  O-MAL-12-03 – Ms. Arrigoni MOTIONED to dismiss the case. Dr. Barkman SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

D.  O-COM-12-06 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Barkman SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

E.  O-COM-12-07 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Baum SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

F.  O-MAL-12-09 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Baum SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

G.  O-COM-12-10 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Baum SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

H.  O-COM-12-11 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Barkman SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

I.  O-COM-12-12 - Ms. Arrigoni MOTIONED to dismiss the case. Dr. Barkman SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

J.  O-AMA-12-13 - Dr. Barkman MOTIONED to refer the case over to the Attorney General’s office for issuance of an NCA with a proposed early resolution, and that the respondent accepts settlement agreement to provide proof of compliance with the Texas Medical Board Stipulation. Ms. Arrigoni SECONDED the motion. Dr. Edmonds ABSTAINED from voting. Motion PASSED.

K.  O-COM-07-09 – Harold McFarling – Ms. Arrigoni MOTIONED to request the completed files for the last eight months from Dr. McFarling in order for him to satisfy the settlement agreement. If he fails to do so he would appear before the Board for an explanation. Dr. Barkman and Dr. Baum RECUSED themselves from voting. No second was made. Motion FAILED for lack of a quorum.

8. FUTURE MEETING DATES – The next meeting date will be on March 19, 2012 in

Santa Fe. The board decided to not schedule any other future meeting dates at this time.

9. ADJOURN – The meeting was adjourned at 4:45 p.m.

BOARD APPROVED AT THE MEETING OF MARCH 19, 2013

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSION DIVISION

Page 4 of 4