Virginia Board of Medicine s3

FINAL MINUTES

VIRGINIA BOARD OF MEDICINE PERIMETER CENTER 9960 Mayland Drive, Suite 300 Richmond, Virginia 23233

DATE, TIME & PLACE: On October 23 2008, at 11:00 a.m., at the offices of the Department of Health Professions, with a quorum of the Board present and the Board President presiding as Chair, the Board convened in order to consider whether a practitioner’s ability to practice medicine and surgery constituted a substantial danger to public health and safety pursuant to Va. Code §54.1-2408.1.

MEMBERS PRESENT: Stephen E. Heretick, J.D., Chair, President Jane E. Piness, M.D. Valerie Hoffman, D.C. Sandra A. Bell, M.D. Ann T. Burks, J.D. Malcolm Cothran, M.D. Claudette Dalton, M.D. William H. Epstein, M.D. General Clara Adams-Ender, R.N. Gopinath Jadhav, M.D. Jennifer S. Lee, M.D. Stuart F. Mackler, M.D. Juan M. Montero, II, M.D. Karen A. Ransone, M.D. Wayne Reynolds, D.O. Ellen Shapiro, D.P.M.

BOARD COUNSEL: Amy Marschean, Senior Assistant Attorney General

STAFF PRESENT: William L. Harp, Executive Director Jennifer L. Deschenes, Deputy Executive Director, Discipline Renee S. Dixson, Discipline Case Manager

PARTIES FOR THE Frank Pedrotty, Senior Assistant Attorney General COMMONWEALTH: Julia Bennett, Adjudication Specialist

MATTER CONSIDERED: Peter Stein, D.C. License No.: 0104-000539 Case No.: 121697 The Board received information from Mr. Pedrotty in order to determine whether Dr. Stein’s ability to practice chiropractic constituted a substantial danger to public health and safety. Mr. Pedrotty provided details of the case to the Board for its consideration.

DECISION: On a motion by Dr. Ransone, and duly seconded by Dr. Bell, the Board determined that Dr. Stein’s ability to practice 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 11:21 a.m.

A formal hearing will be scheduled before the Board for a final determination regarding this pending matter.

/s/______/s/______Stephen E. Heretick, J.D., Chair William L. Harp, M.D. President Executive Director

11/05/2008 1/14/2009 Date Date

CALL TO ORDER: A panel of the Board was called to order at 1:10 p.m.

MEMBERS PRESENT: Stephen Heretick, J.D., Chair Sandra A. Bell, M.D. Malcolm Cothran, M.D. Claudette Dalton, M.D. Stuart Mackler, M.D. Karen Ransone, M.D. General Clara Adams-Ender, R.N. BOARD COUNSEL: Amy Marschean, Sr., Assistant Attorney General

STAFF PRESENT: Jennifer L. Deschenes, Deputy Executive Director, Discipline Reneè S. Dixson, Discipline Case Manager

PARTIES ON BEHALF OF Wm. Clay Garrett, Assistant Attorney General COMMONWEALTH: Leigh C. Kiczales, Adjudication Specialist

WITNESSES FOR THE Pat Sheehan, Investigator, DHP COMMONWEALTH: Thomas Clancy, FBI Agent [by telephone] [on behalf of Commonwealth]

RESPONDENT WITNESSES: Robert L. Satcher, Ph.D. Nicole Threatt, NHA Stephen Vaughan, M.D., Petersburg, VA Rev. Andrew White, Sr. Mr. Henry J. Stewart Noynath Shandilya, M.D. Several members of the public

COURT REPORTER: L. Diane Paarfus, Capitol Reporting, Inc.

MATTER SCHEDULED: Clarence Scranage, M.D. License No.: 0101-038398 Case No.: 121219

PRELIMINARY MATTERS: Mr. Parker Offered two additional exhibits on behalf of Dr. Scranage for consideration by the Board.

RULING: Hearing no objections from Mr. Garrett on behalf of the Commonwealth the Chair ruled that the exhibits would be admitted into evidence and marked as Respondent’s Exhibits B & C.

DISCUSSION: Dr. Scranage appeared before the Board in person in accordance with a Notice of the Board dated September 5, 2008. He was represented by Darryl A. Parker, Esquire and Dr. Rajendra P. Raval, Esquire.

The Board received evidence and sworn testimony from Dr. Scranage and witnesses called to testify.

CLOSED SESSION: Upon a motion by Dr. Ransone, and duly seconded by Dr. Cothran, the Board voted to convene a closed meeting pursuant to §2.2-3711.A(27) of the Code of Virginia, for the purpose of deliberation to reach a decision in the matter of Dr. Scranage. Additionally, Dr. Ransone moved that Ms. Marschean, 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 Board re-convened in open session and announced its decision.

DECISION: Upon a motion by Dr. Ransone, and duly seconded by Dr. Bell the Board made certain Findings of Fact and Conclusions of Law and voted to reinstate Dr. Scranage’s license to a full and unrestricted status.

ADJOURNMENT: The panel adjourned at 4:21 p.m.

The decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decisions of this formal hearing panel.

/s/______/s/______Stephen Heretick, J.D., Chair William L. Harp, M.D., Executive Director

11/05/2008 1/14/2009 Date Date

CALL TO ORDER: A panel of the Board was called to order at 2:07p.m.

MEMBERS PRESENT: Jane E. Piness, M.D., Chair William H. Epstein, M.D. Valerie Hoffman, D.C. Gopinath Jadhav, M.D. Juan M. Montero, II, M.D. Wayne Reynolds, D.O. Ellen Shapiro, D.P.M. Ann T. Burks, J.D.

BOARD COUNSEL: Howard Casway, Sr., Assistant Attorney General

STAFF PRESENT: William L. Harp, M.D., Executive Director of the Board Krystal Blanton, Discipline Support Specialist

PARTIES ON BEHALF OF James Schliessmann, Assistant Attorney General COMMONWEALTH: Emily Field, Adjudication Specialist

WITNESSES FOR THE Pamela Kincheloe, Sr. Investigator, DHP COMMONWEALTH: Katherine Gallo

COURT REPORTER: Lynn Aligood, Court Reporter

MATTER SCHEDULED: Brian Boland, M.D. License No.: 0101-028005 Case No.: 112903

PRELIMINARY MATTERS: Dr. Piness disclosed that she practices at the same facility as Dr. Boland. However, she felt she could be objective and impartial in making a decision in this matter.

DECISION: Hearing no objections from the other members of the Board on the formal hearing panel or Dr. Boland, Dr Piness continued to chair the hearing.

DISCUSSION: Dr. Boland appeared before the Board in person in accordance with a Notice of the Board dated September 17, 2008. He was represented by R. Harrison Pledger, Jr., Esquire.

The Board received evidence and sworn testimony from Dr. Boland and witnesses called to testify.

CLOSED SESSION: Upon a motion by Dr. Reynolds, and duly seconded by Dr. Epstein, the Board voted to convene a closed meeting pursuant to §2.2-3711.A(27) of the Code of Virginia, for the purpose of deliberation to reach a decision in the matter of Dr. Boland. Additionally, he moved that Mr. Casway, Dr. Harp, and Ms. Blanton attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Board in its deliberations.

DECISION: Upon a motion by Dr. Hoffman, and duly seconded by Dr. Jadhav, the Board voted to dismiss the matter due to insufficient evidence to determine violation of law.

ADJOURNMENT: The panel adjourned at 3:52 p.m.

/s/______/s/______Jane Piness, M.D., Chair William L. Harp, M.D., Executive Director

12/19/2008 1/14/2009 Date Date

CALL TO ORDER: A panel of the Board was called to order at 4:37 p.m.

MEMBERS PRESENT: Stephen Heretick, J.D., Chair Sandra A. Bell, M.D. Malcolm Cothran, M.D. Claudette Dalton, M.D. Stuart Mackler, M.D. Karen Ransone, M.D. General Clara Adams-Ender, R.N. Jennifer S. Lee, M.D.

BOARD COUNSEL: Amy Marschean, Sr., Assistant Attorney General

STAFF PRESENT: Jennifer L. Deschenes, Deputy Executive Director, Discipline Reneè S. Dixson, Discipline Case Manager PARTIES ON BEHALF OF Wm. Clay Garrett, Assistant Attorney General COMMONWEALTH: Virginia Scher, Adjudication Specialist

WITNESSES ON BEHALF Debra Hay-Pierce, Investigator, DHP OF THE COMMONWEALTH: Vicki Fox, Investigator, DHP [by phone] [on behalf of Commonwealth]

James Wall, Sr. Investigator, DHP [by phone] [on behalf of Commonwealth]

RESPONDENT WITNESSES: Christal R. Howe Bridgette Hedge April Yopp, CAN Stephen Hawley Patricia Ballinger Debbie Hawley Royce Cuboe Kathleen Schulitz, D.O. William H. Overstreet

COURT REPORTER: L. Diane Paarfus, Capitol Reporting, Inc.

MATTER SCHEDULED: Linda S. Cheek, M.D. License No.: 0101--049522 Case Nos.: 121682, 109425, 112284

DISCUSSION: Dr. Cheek appeared before the Board in person in accordance with a Notice of the Board dated September 5, 2008. She was not represented by counsel.

The Board received evidence and sworn testimony from Dr. Cheek and witnesses called to testify.

CLOSED SESSION: Upon a motion by Dr. Ransone, and duly seconded by Dr. Bell, the Board voted to convene a closed meeting pursuant to §2.2- 3711.A(27) of the Code of Virginia, for the purpose of deliberation to reach a decision in the matter of Dr. Cheek. Additionally, she moved that Ms. Marschean, 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.

DECISION: Upon a motion by Dr. Cothran and duly seconded by Dr. Ransone, the Board made certain Findings of Fact and Conclusions of Law and voted to deny Dr. Cheek’s petition for reinstatement.

ADJOURNMENT: The panel adjourned at 11:25 a.m.

/s/______/s/______Stephen Heretick, J.D., Chair William L. Harp, M.D., Executive Director

11/05/2008 1/14/2009 Date Date