1 MINUTES January 8, 2020 STATE of NEW HAMPSHIRE BOARD OF

MINUTES

January 8, 2020

STATE OF NEW HAMPSHIRE BOARD OF MEDICINE

The regularly scheduled meeting of the New Hampshire Board of Medicine was held at 121 South Fruit Street, Concord, New Hampshire on the above date, beginning at 8:00 A.M. Unless otherwise indicated, the members present and participating were: Daniel P. Potenza, M.D, President; David C. Conway, M.D., Vice President; Michael Barr, M.D.; Emily R. Baker, M.D.; John H. Wheeler, D.O; Gilbert J. Fanciullo, M.D.; Jonathan Ballard, MD, MPH, DHHS Medical Director; Susan M. Finerty, P.A.; Nina C. Gardner, Public Member and Donald L. LeBrun, Public Member. Absent was: Linda Tatarczuch, Public Member

Dr. Potenza, Board President, opened the meeting at 8:10 A.M.

Motion to commence 1st non-public session:

On motion of Dr. Fanciullo, seconded by Dr. Conway, at 8:10 A.M., the Board voted to conduct a non-public session for the purpose of discussing investigations of alleged licensee misconduct, physician applications with irregularities and other confidential Board business and noting that such a non-public session is authorized by RSA 91-A:3, II (c), RSA 91-A:3, II (e), RSA 91-A:5, IV, RSA 329:18, I, RSA 329:18-a, IV, RSA 329:29, Lodge v. Knowlton, 119 N.H. 574 (1978), and the Board's executive and deliberative privileges. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

1st NON-PUBLIC SESSION:

[Minutes kept separately]

On motion of Dr. Conway, seconded by Ms. Finerty, the Board voted to go into public session at 12:10 P.M.

Motion to keep minutes of 1st non-public session confidential:

Upon the motion of Dr. Conway and the second of Ms. Finerty, at 12:10 P.M. the Board voted to withhold the minutes of the preceding non-public session from public disclosure pursuant to RSA 91-A:3, III on the grounds that public disclosure would be likely to affect adversely the reputation of a person other than a board member and/or to render the proposed action ineffective and/or is not subject to public disclosure pursuant to RSA 329:18, I, RSA 329:18-a, IV or RSA 329:29. However, forty-eight hours after the mailing of any order, its respective vote shall automatically become public in accordance with RSA 329:18-a. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present. Motion to commence 2nd non-public session:

1 On motion of Dr. Fanciullo, seconded by Dr. Wheeler, at 4:05 P.M., the Board voted to conduct a non-public session for the purpose of discussing investigations of alleged licensee misconduct and noting that such a non-public session is authorized by RSA 91-A:3, II (c), RSA 91-A:3, II (e), RSA 91-A:5, IV, RSA 329:18, I, RSA 329:18-a, IV, RSA 329:29, Lodge v. Knowlton, 119 N.H. 574 (1978), and the Board's executive and deliberative privileges. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

2nd NON-PUBLIC SESSION:

[Minutes kept separately]

On motion of Ms. Gardner, seconded by Dr. Wheeler, the Board voted to go into public session at 4:16 P.M.

Motion to keep minutes of 2nd non-public session confidential:

Upon the motion of Ms. Gardner and the second of Dr. Wheeler, at 4:16 P.M. the Board voted to withhold the minutes of the preceding non-public session from public disclosure pursuant to RSA 91-A:3, III on the grounds that public disclosure would be likely to affect adversely the reputation of a person other than a board member and/or to render the proposed action ineffective and/or is not subject to public disclosure pursuant to RSA 329:18, I, RSA 329:18-a, IV or RSA 329:29. However, forty-eight hours after the mailing of any order, its respective vote shall automatically become public in accordance with RSA 329:18-a. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

MINUTES PUBLIC SESSION BOARD OF MEDICINE January 8, 2020

MEETINGS/INTERVIEWS/HEARINGS WITH THE BOARD:

Christopher A. Fore, M.D. – Interview with Board for the open MRSC position (emergency medicine). Board Action: 12/4/19 – On motion of Dr. Potenza, seconded by Dr. Conway, tabled until the January 8, 2020 meeting. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, inform Dr. Fore that the Board has chosen another candidate for the open MRSC position (emergency medicine). 7 in favor, 1 abstained (Dr. Baker) and 1 opposed (Dr. Conway). Motion carries.

12:00 P.M. – Marc Roy, M.D. – Interview with Board for the open MRSC position (emergency medicine). Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, recommend Dr. Roy to Governor and Council for open position (emergency medicine) on MRSC. 7 in favor, 1 abstained (Dr. Baker) and 1 opposed (Dr. Conway). Motion carries.

12:15 P.M. – Seth Ritter, M.D. – Interview with Board for the open MRSC position (emergency medicine). Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, inform Dr. Ritter that the Board has chosen another candidate for the open MRSC position (emergency medicine). 7 in favor, 1 abstained (Dr. Baker) and 1 opposed (Dr. Conway). Motion carries.

12:30 P.M. – Michael Bullek BSP, R.Ph, Administrator/Chief of Compliance, New Hampshire Board of Pharmacy – Discussion on finalizing inspections of provider offices.

12:45 P.M. – Deanne M. Chapman, MS, PA-C, NH Professionals Health Program – Discussion regarding physician assistant proposed rule changes.

1:15 P.M. – Nick Perencevich, M.D. – Discussion regarding the mental health question on the initial and renewal applications.

1:30 P.M. – Michael Lynch, M.D. – Interview with Board for the open MRSC position (emergency medicine). Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, inform Dr. Lynch that the Board has chosen another candidate for the open MRSC position (emergency medicine). 7 in favor, 1 abstained (Dr. Baker) and 1 opposed (Dr. Conway). Mr. LeBrun absent. Motion carries.

Dr. Ballard absent from voting for licenses.

Actions authorized during 1st non-public session:

I. NEW APPLICATIONS:

PHYSICIAN LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for full license. Unanimous.

FIUK, Julia V., M.D. – Urology – Northwestern University Medical School, 2013. Board Action: 12/4/19 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, tabled waiting for response from Dr. Fiuk. 12/4/19 – Response received from Dr. Fiuk.

PHYSICIAN LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for full license. Unanimous.

ABDELMALEK, Cherif H., M.D. – Internal Medicine (Board Certified) – University of Alexandria in Egypt, 2006.

DAVIS, Susan F., M.D. – Preventive Medicine – Dartmouth Medical School, 1987. Administrative License.

DE SOUZA LEMOS ANTUNES DA SILVA, Raphaella, M.D. – Nuclear Medicine (Board Certified) – Universidade Federal Fluminense in Brazil, 2010.

ESPINAL SANTOS, Miguel A., M.D. – Internal Medicine (Board Certified) – Pontificia Universidad Catolica Madre y Maestra in Dominican Republic, 1988.

GORMAN, Mark J., M.D. – Internal Medicine (Board Certified) – Wayne State University School of Medicine, 1985.

LIAO, Elizabeth, M.D. – Psychiatry (Board Certified) – Northwestern University Medical School, 1974.

PIRARD, Sandrine, M.D. – Psychiatry (Board Certified) – Universite de Liege Faculte de Medecine in Belgium, 2000. Administrative License.

SHEMSHEDINI, Teuta, M.D. – OB/GYN (Board Certified) – Medical University of the Americas in Nevis, 2011.

PHYSICIAN REINSTATEMENT LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for reinstatement of license. Unanimous.

JOHNSON, Kenneth A., M.D. –Orthopaedic Surgery (Board Certified) – Boston University, 1983.

ROMANOW, John H., M.D. – Otolaryngology (Board Certified) – Tufts University School of Medicine, 1988.

CONSENT TEMPORARY PHYSICIAN LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for temporary license. Unanimous.

HUNTER, Michael B., M.D. – Anesthesiology – St. Martinus University in Curacao, 2015.

CONSENT PHYSICIAN LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for full license. Unanimous.

ALLISON-BJOERLOEW, Natalia, M.D. – Family Practice (Board Certified) – Northern State Medical University in Russia, 1997.

BATTELLI, Chiara, M.D. – Internal Medicine (Board Certified) – Universita Cattolica Del Sacro Suore in Italy, 1998.

BENTON, David C., M.D. – Internal Medicine (Board Certified) – University of Connecticut School of Medicine, 2000.

BHISE, Viraj R., M.D. – Public Health – B.J. Medical College in India, 2010.

CLOW, Leonard G., D.O. – Family Practice (Board Certified) – University of New England College of Osteopathic Medicine, 1985.

DODWELL, Sarah A., M.D. – Neurology (Board Certified) – University of Massachusetts Medical School, 2011.

EDWARDS IVES, Sonya D., M.D. – Diagnostic Radiology (Board Certified) – University of Vermont College of Medicine, 2007.

FARRELL, Jonathan A., M.D. – Diagnostic Radiology (Board Certified) – Dartmuth Medical School of Medicine, 2014.

FOTINOS, Peter C., M.D. – Family Practice (Board Certified) –University of North Carolina at Chapel Hill School of Medicine, 2002.

GIREESH, Arvind K., M.D. – Internal Medicine (Board Certified) – Saba University School of Medicine in Netherlands, 2008.

HARYADI, Yulius L., M.D. – Internal Medicine – Universitas Indonesia, 2012.

JASKWHICH, David H., M.D. – Orthopaedic Surgery (Board Certified) – Medical University of South Carolina College of Medicine, 1996.

KOHRMAN, Samuel I., M.D. – Psychiatry – FIU Herbert Wertheim College of Medicine, 2016.

LEE, James E., M.D. – Neurology – University of Texas Southwestern Medical Center at Dallas, 2017.

MARTINEZ, Anthony M., M.D. – Emergency Medicine (Board Certified) – Baylor College of Medicine, 2004.

MERJANAH, Sali, M.D. – Internal Medicine – University of Aleppo in Syrian Arab Republic, 2015.

NORMAN, Norris A., M.D. – Internal Medicine (Board Certified) – University of Ghana, 2003.

OMAR, Hanad, M.D. – Internal Medicine – Ross University in Dominica, 2017.

PARNELL, Kaela E., M.D. – General Surgery – Texas Tech University Health Sciences Center School of Medicine, 2015.

PEREIRA, Lionel E., M.D. – Psychiatry (Board Certified) – Lokmanya Tilak Municipal Medical College, University of Mumbai in India, 2008.

SACKNOFF, Eric J., M.D. – Urology (Board Certified) – Tufts University School of Medicine, 1971.

SARGENT, David S., M.D. – Diagnostic Radiology – St. George’s University of Grenada, 2015.

SHEKHAWAT, Priyanka, M.D. – Pediatrics (Board Certified) – Armed Forces Medical College, India, 2011.

THOMAS, Aaron J., M.D. – Diagnostic Radiology – University of Texas-Houston Medical School, 2014.

VADALIA, Akash J., D.O. – Psychiatry – Lake Erie College of Osteopathic Medicine, 2017.

WINKING, Kyle W., M.D. – Diagnostic Radiology – Loyola University, Chicago Stritch School of Medicine, 2015.

ZIV, Barbara E., M.D. – Psychiatry (Board Certified) – Northwestern University Medical School, 1987.

CONSENT PHYSICIAN REINSTATEMENT LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for reinstatement of license. Unanimous.

BERGER, Diana K., M.D. – Preventive Medicine (Board Certified) – Dartmouth Medical School, 1996.

EVANS, Devon L., M.D. – Medical Oncology/Hematology (Board Certified) – Thomas Jefferson University, 2000.

KERT, CharlesJ., M.D. – Internal Medicine (Board Certified) – University of Southern California, 1981.

THOMAS, Christian A., M.D. – Medical Oncology (Board Certified) – Johann Wolfgang Goethe University of Frankfurt in Germany, 1986.

CONSENT PHYSICIAN ASSISTANT LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for full license. Unanimous.

DAVILA, Theresa A., P.A. ESPOSITO, Allison L., P.A. HARRISON, Richard A., P.A. LARRIMORE, Kandice N., P.A. LOFARO, Angela J., P.A. (Pending RSP/ARSP) PAPROSKI, Justina J., P.A. SMOLA, Jacqueline, P.A. WONG, Lauren A., P.A. WALLER, Hugh D. II., P.A.

CONSENT PHYSICIAN ASSISTANT REINSTATEMENT LICENSES: Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved for reinstatement of license. Unanimous.

MORRISON, Patricia A., P.A.

CONSENT PHYSICIAN ASSISTANT LICENSES: To be ratified by the Board at its January 8, 2020 meeting. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, Board ratified license issued on December 17, 2019. Unanimous.

NIERADKA, Karen M., P.A. Licensed: 12/17/2019

COMPACT PHYSICIAN LICENSES: To be ratified by the Board at its January 8, 2020 meeting. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, Board ratified full license. Unanimous.

20191-BIXLER, Christopher J., M.D. – Neurology (Board Certified) – Medical College of Wisconsin, 1993. Licensed: 1/3/2020.

20181-BLACKWELL, John R., M.D. – Diagnostic Radiology (Board Certified) – University of Colorado School of Medicine, 1999. Licensed: 12/16/2019.

20192-CARSON, Craig W., M.D. – Rheumatology (Board Certified) – University of Utah School of Medicine, 1985. Licensed: 1/6/2020.

20180-COCHRAN, John W., M.D. – Family Practice (Board Certified) – Medical College of Wisconsin. Licensed: 12/16/2019.

20188-HALE, Micah D., D.O. – Family Practice (Board Certified) – Oklahoma State University College of Osteopathic Medicine, 1999. Licensed: 1/3/2020.

20189-KARLIN, Fred R., M.D. – Family Practice (Board Certified) – Rush Medical College, 1982. Licensed: 1/3/2020.

20186-ODEKE, Sylvester, M.D. – Internal Medicine (Board Certified) – Makerere University Medical School in Uganda, 1986. Licensed: 12/31/2019.

20182-OKEA, Remigius N., M.D. – Family Practice (Board Certified) – University of Nigeria College of Medicine, 1993. Licensed: 12/16/2019.

20183-PATTERSON, Eltanya A., M.D. – Family Practice (Board Certified) – American University of the Caribbean School of Medicine, 2004. Licensed: 12/16/2019.

20187-ROBACZEWSKI, David L., M.D. – General Surgery (Board Certified) – Wake Forest University School of Medicine, 1990. Licensed: 12/31/2019.

20185-STRITTHOLT, Jay T., M.D. – Orthopaedic Surgery (Board Certified) – Vanderbilt University Medical School, 1983. Licensed: 12/18/2019.

20184-WELEARTH, Jeremy, D.O. – Emergency Medicine (Board Certified) – Touro University, 2011. Licensed: 12/16/2019. 8

20190-YURTH, Elizabeth F., M.D. – Physical Medicine and Rehabilitation (Board Certified) – Keck School of Medicine University of Southern California, 1988. Licensed: 1/3/2020.

Mr. LeBrun left the meeting.

II. Draft Minutes from the December 4, 2019 Board meeting. Board Action: 1/8/20 – On motion of Dr. Barr, seconded by Dr. Fanciullo, approved. Unanimous.

III. PUBLIC – PRESIDENT'S REPORT

None.

IV. PUBLIC - TABLED:

T1. March 1, 2018 letter from Sally Garhart, M.D., Medical Director, NH Professionals Health Program, requesting a change in the current wording on the renewal and license applications regarding disclosure of past mental health conditions. Board Action: 5/2/18 – On motion of Dr. Baker, seconded by Dr. Barr, tabled. The Board will form a committee to study this issue. Unanimous. Board Action: 6/6/18 – On motion of Dr. Dibble, seconded by Dr. Barr, Dr. Christine Finn, Dr. Potenza and Dr. Garhart will be on the Committee to review the current wording on the renewal and license applications. Ms. Taylor will invite Robert Lamberti, Esq., to the July 11, 2018 meeting to discuss proposed changed to these rules. Unanimous. Board Action: 7/11/18 – Tabled. Board Action: 8/1/18 – Tabled. Board Action: 9/5/18 – On motion of Dr. Barr, seconded by Ms. Gardner, Ms. Taylor will submit DRAFT applications incorporating the new language for initial and renewal applications and bring back for the Board’s review at its October 3, 2018 meeting. Unanimous. Board Action: 10/3/18 – Table this item until rule changes have been approved through JLCAR. Board Action: 11/7/18 – Tabled. Board Action: 12/5/18 – Tabled. Board Action: 1/2/19 – Tabled. Board Action: 2/6/19 – Tabled until the rules are approved through the rulemaking process. Board Action: 6/5/19 – Tabled. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Tabled. Board Action: 9/4/19 – Tabled. Board Action: 10/2/19 – Tabled. Board Action: 11/6/19 - Tabled. Board Action: 12/4/19 – Tabled. Board Action: 1/8/20 – Tabled.

T2. DRAFT of Med 411.02, with amendments, for review by the Board. Board Action: 6/5/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, approve initial proposal. Unanimous. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Tabled. Board Action: 9/4/19 – Tabled. Board Action: 10/2/19 – Tabled. Board Action: 11/6/19 – Tabled. Board Action: 12/4/19 – Tabled. Board Action: 1/8/20 – Ms. Taylor will ask Attorney Broderick where these rules are in the process.

T3. Proposed Memorandum of Understanding (MOU) between the Board of Pharmacy and the Board of Medicine for review by the Board. Board Action: 6/5/19 – On motion of Ms. Gardner, seconded by Mr. LeBrun, approve MOU. Ms. Taylor to sign and submit to the Board of Pharmacy. Unanimous. 7/3/19 – Board asked Ms. Taylor to provide the MOU to the Board for review at its August 7, 2019 meeting. Board Action: 8/7/19 – Tabled. Board Action: 9/4/19 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, rescind the June 5, 2019 vote to approve the MOU between the Board of Medicine and the Board of Pharmacy. Unanimous. 10/2/19 – Dr. Wheeler has asked that this be put back on the Board’s agenda for further discussion. Board Action: 10/2/19 – Tabled. Board Action: 11/6/19 – Tabled. Ms. Gardner to research the laws/rules and discuss with Board next month. Board Action: 12/4/19 – Tabled. Board Action: 1/8/20 – Tabled.

T4. DRAFT amended rules for review by the Board. Board Action: 11/2/16 – On motion of Dr. Andelman, seconded by Mr. Waters, tabled. Unanimous. Board Action: 12/7/16 – Tabled. Board Action: 1/4/17 – Ms. Taylor will make changes and bring back to the Board in February. Board Action: 2/1/17 – Tabled. Board Action: 3/1/17 – Ms. Taylor to make changes and bring back to Board next month. Tabled. Board Action: 4/5/17 – On motion of Dr. Barr, seconded by Dr. Fanciullo, tabled for the May meeting. Unanimous. Board Action: 5/3/17 – On motion of Dr. Barr, seconded by Dr. Dibble, tabled for June meeting. Unanimous. Board Action: 6/7/17 – On motion of Dr. Dibble, seconded by Dr. Conway, submit initial proposal of Med 301.03, 301.04, 305.01, 401.03, 402.02, 407.01, 407.02, 407.03 and 501.02 to JLCAR. Unanimous. Board Action: 7/5/17 – Tabled. Board Action: 8/2/17 – Tabled. Board Action: 9/6/17 – Tabled. Board Action: 10/4/17 – Tabled. Board Action: 11/1/17 – Tabled. Board Action: 12/6/17 – Tabled. Board Action: 1/3/18 – Tabled. Board Action: 2/7/18 – Tabled. Board Action: 3/7/18 – Tabled. Board Action: 4/4/18 – Tabled. Board Action: 5/2/18 – Tabled. Board Action: 6/6/18 – Tabled. Board Action: 7/11/18 – Tabled. Board Action: 8/1/18 – Tabled. Board Action: 9/5/18 – On motion of Dr. Barr, seconded by Ms. Gardner, Ms. Taylor will make changes and bring back to Board in October. Unanimous. Board Action: 10/3/18 – On motion of Dr. Potenza, seconded by Ms. Gardner, Board members will work on the Med 300 rules and present changes in November for discussion. Unanimous. Board Action: 11/7/18 – Board worked on Med 300 rule changes. Dr. Barr absent and will bring changes to Med 300 rules in December. Ms. Taylor to send members the Med 400 rules for review at its December 5, 2018 meeting. Board Action: 12/5/18 – Board worked on Med 400 rule changes. Ms. Taylor to send members the Med 500 rules for review at its January 2, 2019 meeting. Board Action: 1/2/19 – On motion of Dr. Potenza, seconded by Dr. Baker, approve initial proposal of Med 100-600 rules. Unanimous. Board Action: 7/3/19 - Rules Hearing, Med 300-600. Dr. Baker opened the rules hearing at 12:00 P.M. Dr. Baker closed the hearing at 12:25 P.M. with no public comment. 8/6/19 – DRAFT Final Proposal with incorporated changes the JLCAR attorneys requested/recommended. Board Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr. Potenza, tabled for discussion at the September 4, 2019 meeting. Board Action: 9/4/19 – On motion of Dr. Baker, seconded by Ms. Gardner, approved final proposal as amended. Unanimous. Board Action: 10/2/19 – Tabled. Board Action: 11/6/19 – Tabled. 12/2/19 – DRAFT Objection Response from Attorney Broderick for review and approval by the Board. Board Action: 12/4/19 – On motion of Dr. Potenza, seconded by Mr. LeBrun, approve Objection Response one change to the reinstatement application section. Unanimous. Board Action: 1/8/20 – On motion of Ms. Gardner, seconded by Dr. Conway, Board adopts Med 300-600. Unanimous.

V. PUBLIC – NEW BUSINESS:

A. Informational:

1. NH Professionals’ Health Program Monthly Report – NH Board of Medicine November 2019. Board Action: 1/8/20 – On motion of Dr. Potenza, seconded by Dr. Fanciullo, accept and file. Unanimous.

2. Memorandum from the Federation of State Medical Boards regarding “Role of the Voting Delegate” at the Federation’s 2020 Annual Meeting. Board Action: 1/8/20 – On motion of Ms. Gardner, seconded by Dr. Baker, approve Dr. Potenza to be the NH Delegate at the FSMB 2020 meeting. Unanimous.

3. Board of Medicine, 1st Quarter FY2020 as of 9/30/19, Preliminary Quarterly financial report from OPLC Administration. Board Action: 1/8/20 – File.

4. FYI – Petition for Writ of Certiorari from Alex Campbell, Esq., on behalf of the New Hampshire Association of Nurse Anesthetists, to the N.H. Supreme Court. Board Action: 1/8/20 – File.

Conference With Counsel:

On motion of Dr. Fanciullo, seconded by Dr. Baker, at 2:10 P.M., the Board went to non-meeting for a conference with Board Counsel. Unanimous. The Board came out of non-meeting at 2:22 P.M.

B. Action Items:

1. October 21, 2019 request from George M. Nowak, M.D. for removal of the restrictions on his license. Board Action: 1/8/20 – On motion of Dr. Conway, seconded by Dr. Barr, remove restrictions from Dr. Nowak’s license. Inform Dr. Nowak that he has a full, unrestricted license. Unanimous.

2. The following physicians are requesting an extension to complete their CME requirements for the cycle January 1, 2018 through December 31, 2019: Richard Meyer, M.D. – request dated November 26, 2019 – extension to April 30, 2020. Paul Ting, M.D. – request dated December 9, 2019 – extension to February 28, 2020. Douglass R. Weiss, M.D. – request dated December 16, 2019 – ext. to January 9, 2020. Eric Steffen, M.D. – request dated December 20, 2019 – extension to June 30, 2020. Jennifer Stebbing, M.D. – request dated December 23, 2019 – extension to ?. Richard J. Duffy, M.D. – request dated December 30, 2019 – extension to ?. Board Action: 1/8/20 – On motion of Dr. Conway, seconded by Dr. Barr, approve extensions as above. Those that did not request a specific date, approve extension to March 1, 2020. Unanimous.

3. December 5, 2019 letter to Board members from Lindsey Courtney, Director of Health Professions, regarding the Medicaid-to-Schools Program. Board Action: 1/8/20 – File.

4. December 9, 2019 email from Val Peake, MSA, BBA, Compliance Solutions Manager, Affiliated Monitors, Inc., with attached fourth quarterly report for Concetta Oteri- Ahmadpour, D.O. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, tabled. Ms. Taylor to bring all quarterly reports to the Board next month for its review. Ms. Gardner recused. All others concurred.

5. Progress Report from Nick Perencevich, M.D., former Physician Investigator, regarding dealing with Question 5 (now 6 as of 2019) on license renewal applications. Board Action: 1/8/20 – Board held a discussion regarding the mental health question on the initial and renewal applications.

6. New Hampshire Association of Nurse Anesthetists’ Motion to Stay Declaratory Ruling submitted by Alexander Campbell, Esq. Board Action: 1/8/20 – On mot ion of Dr. Fanciullo, seconded by Ms. Finerty, deny Motion to Stay Declaratory Ruling. Unanimous.

7. Objection to the NHANA’s Motion to Stay Declaratory Ruling, filed by Richard W. Head, Esq., on behalf of the NH Society of Anesthesiologists. Board Action: 1/8/20 – File.

8. Exhibit A (Motion for Summary Disposition) to Objection to Motion to Stay filed by Richard W. Head, Esq., on behalf of the NH Society of Anesthesiologists. Board Action: 1/8/20 – File.

9. Remaining 19.75 hours of CMEs required pursuant to the Settlement Agreement with the Board dated September 10, 2019 regarding Concetta Oteri-Ahmadpour, D.O. Board Action: 1/8/20 – On motion of Dr. Conway, seconded by Ms. Finerty, accept as remainder of CMEs required pursuant to Settlement Agreement. Unanimous.

10. Referral from the Board of Barbering, Cosmetology & Esthetics of a letter from Liz Racioppi, requesting clarification on regulations regarding the use of non-ablative laser technologies for body sculpting or facial rejuvenation by estheticians. Board Action: 1/8/20 – On motion of Ms. Gardner, seconded by Dr. Baker, Board asked Ms. Taylor not to attend as the Board of Medicine does not want to insert itself into this issue. Unanimous.

11. December 20, 2019 email from Sandy McAllister, Federation of State Medical Boards, reporting that the U.S. Senate has formally announced passage of its version of federal legislation requiring VA accountability and data sharing with state boards. Board Action: 1/8/20 – On motion of Dr. Ballard, seconded by Dr. Barr, file. Unanimous.

12. December 19, 2019 letter from Patrick Lee, M.D. expressing an interest in serving as a physician member of the Medical Review Subcommittee. Board Action: 1/8/20 – Tabled.

13. Quarterly report from Robert Soucy, D.O. regarding Gayle Spelman, PA, dated December 20, 2019. Board Action: 1/8/20 – On motion of Ms. Gardner, seconded by Dr. Barr, accept and file. Unanimous.

14. Quarterly report from Edward Duffy, M.D., regarding Jonathan Klingler, M.D. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Conway, accept and file. Unanimous.

15. Objection to Motion for Summary Disposition filed by Alex Campbell, Esq. on behalf of the NH Association of Nurse Anesthetists. Board Action: 1/8/20 – File.

16. Discussion on Standing Orders. Board Action: 1/8/20 – On motion of Dr. Baker, seconded by Dr. Potenza, Ms. Taylor and Attorney Lombardi will work on drafting Standing Orders for the Board’s review at its next meeting. Unanimous.

VI. LEGISLATION:

1. HB 1332 – an act relative to an electronic prescription drug program. Board Action: 1/8/20 – File.

2. SB (no number) – an act relative to the controlled drug prescription health and safety program. Board Action: 1/8/20 – File.

VII. OTHER PUBLIC ORDERS ISSUED:

N/A

VIII. DISCIPLINARY PROCEEDINGS:

HEARINGS SCHEDULED:

N/A

HEARINGS HELD PENDING FINAL DISPOSITION:

RIZVI, Hil, M.D. – Hearing scheduled for April 12, 2019 at 11:00 A.M. Docket #: 19-01 Cases included: 2018-36 Dr. Potenza is the Presiding Officer. Sheri Phillips, Esq. is Hearing Counsel from APU. Board Action: 01/2/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, issue Notice of Hearing. The hearing will be held on March 6, 2019 at 1:00 P.M. The Presiding Officer will be Dr. Potenza. Unanimous. 01/04/19 – Notice of Hearing issued. 02/18/19 – Hearing Counsel’s List of Witnesses and Exhibits, with attached Exhibits. 03/06/19 – Attorney Phillips from the APU appeared before the Board and requested the Board continue the hearing until April 3, 2019 as Dr. Rizvi did not receive the Notice of Hearing prior to the hearing scheduled for March 6, 2019. Board Action: 3/6/19 – On motion of Ms. Finerty, seconded by Mr. LeBrun, approve request to continue the hearing. Unanimous. On motion of Dr. Baker, seconded by Ms. Gardner, amend the Notice of Hearing to add Dr. Rizvi’s failure to change both his business and home addresses with the Board. 7-1 motion carries. 03/11/19 – Amended Notice of Hearing issued. 03/07/19 – The day after the Board meeting, Attorney Phillips requested the Board convene a panel to consider this matter as Allison Vachon, APU Investigator, is not available to testify at either the April or May Board Meeting dates. Pursuant to Med 206.02(b), the Board President, Dr. Baker, appointed a panel of the Board members for this adjudicatory proceeding. The panel rescheduled the hearing to April 12, 2019 at 11:00 A.M. 04/05/19 – Defendant submits witnesses-Exhibit. 04/12/19 – Hearing held. 05/07/19 – Hearing Counsel’s Proposed Findings of Fact and Rulings of Law. 05/10/19 – Post-Hearing Brief submitted by Hil Rizvi, M.D. Board Action: 6/5/19 – Tabled. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Deliberations occurred in non-public; final actions in adjudicatory proceedings shall not be public until reduced to writing and served upon the parties in accordance with RSA 329:18-a.

HEARINGS HELD - FINAL DISPOSITION:

BUTURLA, Sean, M.D. and KATZ, Sara, P.A. – Hearing continued to a later date, to be determined. Docket #: 19-12 Cases included: 2017-455 Dr. Baker is the Presiding Officer. Sheri Phillips, Esq., is Hearing Counsel from APU. 04/23/19 – DRAFT Notice of Hearing submitted by Sheri Phillips, APU, for review by the Board. Board Action: 06/5/19 – On motion of Dr. Fanciullo, seconded by Dr. Potenza, approve Notice of Hearing and schedule hearing for November 6, 2019 at 1:00 P.M. Dr. Baker will be the Presiding Officer. Unanimous. 07/31/19 – Renewed Motion for Discovery from Attorney William Smart on behalf of Dr. Buturla and Ms. Katz. 08/14/19 – Respondents’ Assented-to Motion for Discovery and Respondents’ Assented-to Motion for Earlier Hearing on November 6, 2019. 08/23/19 – Respondent’s Assented-to Motion for Discovery regarding only Sara Katz, P.A. Board Action: 9/4/19 – On motion of Dr. Barr, seconded by Ms. Gardner, grant the Renewed Motion for Discovery from Attorney William Smart on behalf of Dr. Buturla and Ms. Katz. Unanimous. On motion of Dr. Baker, seconded by Dr. Fanciullo, authorize APU to give records to Respondents pursuant to Respondents’ Assented-to Motion for Discovery. Unanimous. On motion of Dr. Baker, seconded by Dr. Fanciullo, authorize APU to give records to Respondent pursuant to Respondent’s Assented-to Motion for Discovery regarding only Sara Katz, P.A. If Board does not have records, approve subpoena to be issued by Respondent. Unanimous. On motion of Dr .Potenza, seconded by Ms. Tatarczuch, deny Respondents’ Assented-to Motion for Earlier Hearing on November 6, 2019. Unanimous. 09/11/19 – Order on Renewed Motion for Discovery issued. 09/11/19 – Order on Respondents’ Motion for Discovery regarding Dr. Buturla and Ms. Katz issued. 09/11/19 – Order on Respondent’s Motion for Discovery regarding Ms. Katz issued. 09/11/19 – Order on Respondents’ Motion for Earlier Hearing on November 6, 2019 issued. 09/25/19 – Assented-to Motion to Continue Disciplinary Hearing and Schedule Status Conference submitted by Attorney Smart on behalf of Dr. Buturla and Ms. Katz. Board Action: 10/2/19 – On motion of Dr. Baker, seconded by Dr .Fanciullo, schedule prehearing conference and Dr. Baker, as presiding officer, will rule on the continuance of the hearing. Unanimous. 10/15/19 – Procedural Order scheduling a prehearing conference for November 14, 2019 at 8:30 A.M. and continuing the hearing to a later date, to be determined. Board Action: 01/8/20 – Deliberations occurred in non-public; final actions in adjudicatory proceedings shall not be public until reduced to writing and served upon the parties in accordance with RSA 329:18-a. On motion of Dr. Baker, seconded by Dr. Conway, dismiss the adjudicatory/disciplinary proceeding in Docket No. 19-12. 8 in favor, 2 opposed. Motion carries with vote as follows: Dr. Potenza Yes Dr. Conway No Dr. Barr Yes Dr. Baker Yes Dr. Wheeler Yes Dr. Fanciullo Yes Dr. Ballard Yes Ms. Finerty Yes Ms. Gardner Yes Mr. LeBrun No

PATIL, Jayakumar, M.D. – Hearing scheduled for June 5, 2019 at 3:00 P.M. Docket #: 19-04 Cases included: 2018-243 Daniel Potenza, M.D., recused. Dr. Fanciullo is the Presiding Officer. Sheri Phillips, Esq. is Hearing Counsel from APU. Board Action: 03/6/19 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, approve Notice of Hearing and schedule hearing for April 3, 2019 at 1:00 P.M. The Presiding Officer will be Dr. Fanciullo. Unanimous. 03/19/19 – Appearance from Kathryn M. Bradley, Esq. 03/19/19 – Respondent’s Motion to Continue Hearing. 03/20/19 – Order of Continuance approved by Presiding Officer and issued rescheduling hearing to May 1, 2019 at 3:00 P.M. 03/25/19 – Respondent’s Motion to Continue Hearing Board Action: 04/03/19 – On motion of Dr. Barr, seconded by Dr. Fanciullo, approve Motion to Continue Hearing and schedule hearing for June 5, 2019 at 3:00 P.M. Inform Dr. Patil that no more continuances will be approved. Unanimous. 04/05/19 – Order of Continuance rescheduling the hearing to June 5, 2019 at 3:00 P.M. 05/23/19 – Hearing Counsel’s List of Witnesses and Exhibits, along with Exhibits 1-3 (Sealed) and Exhibit 4. 05/24/19 – Respondent’s Witness and Exhibit List, along with Exhibits A (filed under seal), B and C (filed under seal). 06/03/19 – Hearing Counsel’s Amended List of Witnesses and Exhibits, including Exhibit #5. Board Action: 6/5/19 – Hearing held. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Deliberations occurred in non-public; final actions in adjudicatory proceedings shall not be public until reduced to writing and served upon the parties in accordance with RSA 329:18-a. Board Action: 1/8/20 – Deliberations occurred in non-public; final actions in adjudicatory proceedings shall not be public until reduced to writing and served upon the parties in accordance with RSA 329:18-a. On motion of Dr. Fanciullo, seconded by Dr. Conway, approve the draft Final Decision and Order with changes, revoking Dr. Patil’s license in New Hampshire. Dr. Potenza recused. Dr. Ballard abstained. All others concurred. Dr. Conway chaired the meeting in Dr. Potenza’s absence. Motion carries with vote as follows: Dr. Conway Yes Dr. Barr Yes Dr. Baker Yes Dr. Wheeler Yes Dr. Fanciullo Yes Ms. Finerty Yes Ms. Gardner Yes Mr. LeBrun Yes

NO HEARING HELD - FINAL DISPOSITION:

MacDONALD, Hugh V., M.D. – Hearing date to be determined. Docket #: 18-01 Cases included: 2018-189. Emily Baker, M.D. is the Presiding Officer. Matthew Mavrogeorge, Esq. is Hearing Counsel from APU. DRAFT Order of Emergency License Suspension and Notice of Hearing regarding Hugh V. MacDonald, M.D. for the Board’s review. Board Action: 5/15/18 - On motion of Ms. Gardner, seconded by Dr. Fanciullo, the Board voted to issue the Order of Emergency License Suspension and Notice of Hearing to Dr. MacDonald. The hearing will be held on May 25, 2018 at 8:30 A.M. Dr. Baker will be the Presiding Officer. Approved by a roll call vote of members present: Dr. Baker Yes Dr. Potenza Yes Dr. Wheeler Yes Dr. Conway Yes Dr. Fanciullo Yes Ms. Gardner Yes 05/21/18 - Hearing Counsel’s Assented-to Motion to Approve the Preliminary Agreement Not to Practice and Cancel the Hearing, along with the proposed Preliminary Agreement Not to Practice in the matter of Hugh V. MacDonald, M.D. for review by the Board. (Complaint #2018-189) 05/23/18 – Order Canceling Hearing Scheduled for May 25, 2018 approved by the Presiding Officer. Board Action: 6/6/18 – On motion of Dr. Fanciullo, seconded by Dr. Conway, approve the Preliminary Agreement Not to Practice and Cancel the Hearing. Unanimous. 06/14/18 – Preliminary Agreement Not to Practice issued. Board Action: 03/6/19 – Request update from APU. 03/19/19 – Update received from APU. Board Action: 04/3/19 – File update. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous. 10/10/19 – Update received from Matthew Mavrogeorge, Esq., APU. Board Action: 11/6/19 – File update. 12/13/19 - Hearing Counsel’s Petition to Accept Voluntary Permanent Surrender of License, along with the proposed Voluntary Permanent Surrender of License document, regarding Hugh V. MacDonald, M.D. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approve Voluntary Permanent Surrender of License. Unanimous.

PAVNICK, Wendy L., P.A. – Hearing scheduled for January 8, 2020 at 1:00 P.M. Docket #: 19-13 Cases included: 2018-115 Dr. Fanciullo is the Presiding Officer. John Brown, Esq. is Hearing Counsel from APU. Board Action: 12/4/19 – On motion of Dr. Baker, seconded by Dr. Fanciullo, approve Notice of Hearing and schedule hearing for January 8, 2020 at 1:00 P.M. Dr. Fanciullo will be the Presiding Officer. Unanimous. 12/5/19 – Board office received call from the APU. Proposed settlement agreement will be presented to the Board. Board Action: 01/8/20 – On motion of Dr. Barr, seconded by Dr. Conway, approve Settlement Agreement for Dr. Pavnick. Unanimous.

HEARINGS WITH DATE TO BE DETERMINED:

BECK, Adam P., M.D. – Prehearing scheduled for April 9, 2019 at 1:00 P.M. Docket #: 19-03 Cases included: 2016-435, 2017-377 and 2017-416 John Wheeler, M.D., David Conway, M.D. and Nina Gardner, Public Member, recused. Dr. Barr is the Presiding Officer. Janice Rundles, Esq. is Hearing Counsel from APU. Board Action: 2/6/19 – On motion of Dr. Baker, seconded by Dr. Barr, approve Notice of Hearing as amended. The Presiding Officer will be Dr. Barr. Prehearing scheduled for April 9, 2019 at 1:00 P.M. Unanimous. 03/22/19 – Respondent, Adam P. Beck, M.D.’s Motion to Postpone any Adjudicatory Hearing Until After the Resolution of the Underlying Litigation or in the Alternative to Continue the Prehearing Conference Scheduled for April 9, 2019. 03/26/19 – Hearing Counsel’s Objection to Respondent’s Motion to Postpone Hearing Until After Resolution of Underlying Litigation. 03/28/19 – Order Granting Motion to Postpone Prehearing Scheduled for April 9, 2019. Board Action: 4/3/19 – On motion of Dr. Fanciullo, seconded by Dr. Baker, if Dr. Beck agrees to waive the statute of limitations, the Board will grant a one-year postponement, then will revisit. Unanimous. 05/07/19 – Letter from Dr. Beck agreeing to waive the statute of limitations pursuant to the Board’s request. Board Action: 6/5/19 – On motion of Dr. Fanciullo, seconded by Dr. Baker, file letter. Unanimous. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous.

KNIGHT, Eric, M.D. – Hearing date canceled until a future date to be determined. Docket #17-05 Cases included: 2017-264. Dr. Potenza, Dr. Wheeler and Dr. Fanciullo recused. Dr. Conway is the Presiding Officer. Matthew Mavrogeorge, Esq. is Hearing Counsel from APU. Board Action: 9/6/17 – On motion of Dr. Barr, seconded by Mr. Sullivan, approve revised Notice of Hearing and do not include exhibits. The hearing will be held on November 1, 2017 at 1:00 P.M. Dr. Conway will be the Presiding Officer. Dr. Wheeler and Dr. Fanciullo recused. All others concurred. 09/25/17 – Order of Emergency License Suspension and Notice of Hearing issued. Emergency hearing scheduled for October 4, 2017 at 1:00 P.M. David Conway, M.D. will be the Presiding Officer. Hearing scheduled for November 1, 2017 regarding Dr. Knight’s renewal application will be combined with this hearing. 09/27/17 – Hearing Counsel’s Assented to Motion to Approve The Preliminary Agreement Not to Practice and Cancel the Hearing, along with the proposed Preliminary Agreement Not to Practice and Cancel the Hearing document. 09/27/17 – Order Canceling Hearing Scheduled for October 4, 2017 approved by the Presiding Officer. Board Action: 10/4/17 – On motion of Dr. Dibble, seconded by Dr. Conway, approve Preliminary Agreement Not to Practice. Unanimous. Board Action: 03/6/19 – Request update from APU. 03/20/19 – Update received from APU. Board Action: 04/3/19 – File update. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous. 10/10/19 – Update received from Janice Rundles, Esq., APU. Board Action: 11/6/19 – File update.

VIDAVER, Robert C., M.D. – Hearing not scheduled. Docket #: 15-04 Case included: 2015-207. Dr. Rosenthall and Dr. Vidaver recused. Mr. Waters is the Presiding Officer. Hearing Counsel is Matthew Mavrogeorge, Esq. 06/03/15 - Discussion on Report of Investigation regarding Robert C. Vidaver, M.D. Dr. Rosenthall and Dr. Vidaver recused. Board Action: 6/3/15 – On motion of Mr. Waters, seconded by Dr. Barr, request response from Dr. Vidaver with a deadline of June 15, 2015. Also, issue Notice of Hearing. Presiding Officer, Edmund Waters, Jr., is authorized to review and issue the Notice of Hearing. Hearing to be held on July 1, 2015. Unanimous. 06/19/15 – Assented-To Motion to Continue Hearing submitted by Sean R. List, Esq., Attorney for Dr. Vidaver. 06/22/15 – Presiding Officer granted a continuance. Order of Continuance issued. Board to reschedule hearing for a future date. 09/13/18 – Appearance from Cinde Warmington, Esq., Shaheen and Gordon. 09/13/18 – Appearance from Alexander W. Campbell, Esq., Shaheen and Gordon. 10/25/18 – Hearing Counsel’s Petition to Approve Preliminary Agreement Not to Practice, along with the draft Preliminary Agreement Not to Practice for the Board’s review. Board Action: 11/7/18 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, approve Preliminary Agreement Not to Practice. Unanimous. Board Action: 03/6/19 – Request update from APU. 03/25/19 – Update received from APU. Board Action: 04/3/19 – File Update. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous. 10/10/19 – Update received from Matthew Mavrogeorge, Esq., APU. Board Action: 11/6/19 – File update.

On motion of Dr. Barr, seconded by Dr. Fanciullo, adjourn meeting at 4:22 P.M . Unanimous.