Medical Licensing Board of Indiana s3

MEDICAL LICENSING BOARD OF INDIANA INDIANA GOVERNMENT CENTER SOUTH 402 WEST WASHINGTON STREET ROOM W064 INDIANAPOLIS, INDIANA 46204

MINUTES OF DECEMBER 6, 2007

Worthe Holt, Jr., M.D., President called the meeting to order at 8:40 a.m. and declared a quorum in accordance with IC 25-22.5.

Members Present: Worthe Holt, Jr., M.D., President Stephen Huddleston, J.D., Consumer Member, Vice President Navin Barot, M.D., Secretary Bharat Barai, M.D. Thomas Akre, D.O.

Staff Present: Michael Rinebold, Board Director Professional Licensing Agency Jody Edens, Assistant Board Director Professional Licensing Agency James Schmitt, Deputy Attorney General Office of the Attorney General

The Board voted to adopt the agenda and addendum as amended.

Participating Board Members: Stephen Huddleston, J.D., Worthe Holt, Jr., M.D., Thomas Akre, D.O., Navin Barot, M.D.

Huddleston/Barot, 4/0/0

The Board voted to adopt the minutes of the October 25, 2007 meeting.

Huddleston/Akre, 4/0/0

The Board voted to adopt the amended minutes of the August 23, 2007 meeting. Participating Board Members: Worthe Holt, Jr., M.D., Bharat Barai, M.D., Thomas Akre, D.O., Navin Barot, M.D.

Holt/Akre, 4/0/0 Motion carries

PERSONAL APPEARANCES

INITIAL/RENEWAL APPLICANTS

The following appeared before the full Board for their scheduled personal appearance.

Carlos Cespedes, M.D. – Dr. Cespedes appeared before the Board concerning a positive response on his initial application for licensure and was not represented by counsel.

Participating Board Members: Stephen Huddleston, J.D., Worthe Holt, Jr., M.D., Bharat Barai, M.D., Thomas Akre, D.O., Navin Barot, M.D.

Dr. Cespedes has previously held a license in Indiana. License number 01021814A was issued on November 8, 1967 and expired June 30, 2003.

After discussion the Board moved to APPROVE Dr. Cespedes’ application for licensure.

Holt/Barai, 5/0/0 Motion carries

Jules Levey, M.D. – Dr. Levey appeared before the Board concerning a positive response on his initial application and was not represented by counsel.

After discussion the Board moved to APPROVE Dr. Levey’s application for licensure.

Barai/Barot, 5/0/0 Motion carries

Mark Mench, M.D. – Dr. Mench appeared before the Board concerning a positive response on his initial application and was not represented by counsel. Participating Board Members: Stephen Huddleston, J.D., Worthe Holt, Jr., M.D., Bharat Barai, M.D., Thomas Akre, D.O., Navin Barot, M.D.

After discussion the Board moved to APPROVE Dr. Mench’s application for licensure.

Barai/Akre, 5/0/0 Motion carries

Kenneth Drews, M.D. – Dr. Drews appeared before the Board regarding a positive response on his initial application and was not represented by counsel.

After discussion the Board moved to TABLE Dr. Dews’ initial application. The Board requested that he either enter into a residency program or find a group that will allow him to practice under supervision. The group would need to meet with the Board for approval. Upon entering a residency program or an approved group practice the Board would consider a probationary license.

Akre/Barai, 5/0/0 Motion carries

Uduak Akan-Etuk, M.D., 01056927A – Dr. Akan-Etuk did not appear in person and was not represented by counsel regarding a positive response on his license renewal application.

After discussion the Board moved to DENY Dr. Akah-Etuk’s license renewal.

Huddleston/Barai, 5/0/0 Motion carries

David Scruby, M.D., 01027861A – Dr. Scruby appeared before the Board concerning a positive response on his license renewal application and was not represented by counsel.

Participating Board Members: Stephen Huddleston, J.D., Worthe Holt, Jr., M.D., Bharat Barai, M.D., Thomas Akre, D.O., Navin Barot, M.D. After discussion the Board determined that the renewal had to be renewed as determined by law, but they also requested that a complaint be filed with the Attorney General’s Office for an investigation of this matter, indicating that the Board still wants an addictionology evaluation.

Holt/Huddleston, 5/0/0 Motion carries

ADMINISTRATIVE HEARINGS

David Clinton Blocker, M.D., License No. 01042964A, Cause No. 2007 MLB 0019 Respondent did appear in person and was represented by Susan Ziel regarding a Final Hearing scheduled before the Board. The State of Indiana was represented by Mark Mader, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

An agreement between the Respondent, his counsel and the Attorney General’s Office was presented to the Board. The agreement included INDEFINITE PROBATION with terms and conditions.

After reviewing the agreement and taking official notice of its file in this matter the Board moved to ACCEPT the Agreement.

Holt/Barot, 5/0/0 Motion carries

John H. Jurige, M.D., License No. 01039534A, Cause No. 2006 MLB 0043 Respondent did not appear in person and was not represented by counsel regarding a Final Hearing scheduled before the Board. The State of Indiana was represented by Heather Kennedy, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

An agreement between the Respondent, his counsel and the Attorney General’s Office was presented to the Board. The agreement included a LETTER OF REPRIMAND and a $250.00 fine. After reviewing the agreement and taking official notice of its file in this matter the Board moved to TABLE the settlement and require the Respondent to appear for discussion. Barai/Huddleston No vote. After discussion Dr. Barai withdrew his motion and Mr. Huddleston withdrew his second.

After further discussion the Board moved to DENY the agreement.

Barot/Holt, 5/0/0 Motion carries

Arnaldo Francesco Trabucco, M.D., License No. 01057323A, Cause No. 2005 MLB 0030 Respondent did appear in person and was represented by Thomas Farlow regarding a Petition to withdraw Probation scheduled before the Board. The State of Indiana was represented by Heather Kennedy, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge reporting.

Michael Rinebold, Board Director was sworn in as a witness for the Respondent.

After having considered the evidence presented, testimony of the witness and taking official notice of its file in this matter the Board moved to WITHDRAW the ORDER OF PROBATION. Dr. Trabucco’s license has the status of expired.

Holt/Barot, 5/0/0 Motion carries

John Jacob Greenman, M.D., 01034958A, Cause No. 2007 MLB 0026 Respondent did appear in person and was not represented by counsel regarding a Final Hearing scheduled before the Board. The State of Indiana was represented by Heather Kennedy, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

An agreement between the Respondent and the Attorney General’s Office was presented to the Board. The agreement included a LETTER OF REPRIMAND with terms and conditions.

After reviewing the agreement and taking official notice of its file in this matter the Board moved to ACCEPT the agreement. Akre/Huddleston, 4/0/1 with Dr. Barai abstaining Motion carries

Mark D. Webster, M.D., License No. 01056957A, Cause No. 2007 MLB 0016 Respondent did appear in person and was represented by Kelly Scanlan regarding a Final Hearing scheduled before the Board. The State of Indiana was represented by Elizabeth Kiefner, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

An agreement between the Respondent, his counsel and the Attorney General’s Office was presented to the Board. The agreement included INDEFINITE PROBATION with terms and conditions.

After reviewing the agreement and taking official notice of its file in this matter the Board moved to ACCEPT the agreement

Akre/Barot, 4/0/1, with Dr. Barai abstaining Motion carries

Elmer Manalo, M.D., License No. 01040595A, Cause No. 2007 MLB 0025 Respondent did not appear in person and was represented by Maryann Wonder regarding an Extension of Summary Suspension scheduled before the Board. The State of Indiana was represented by Elizabeth Kiefner, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

An agreement between the Respondent, his counsel and the Attorney General’s Office was presented to the Board. The agreement included an EXTENSION of SUMMARY SUSPENSION for ninety (90) days from December 27, 2007.

After reviewing the agreement and taking official notice of its file in this matter the Board moved to ACCEPT the agreement.

Barai/Akre, 5/0/0 Motion carries Mohamed Mekawy, M.D., 01057839A, Cause No. 2007 MLB 0024 Respondent did not appear and was not represented by counsel regarding a Final Hearing scheduled before the Board. The State of Indiana was represented by Elizabeth Kiefner, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

An agreement between the Respondent and the Attorney General’s Office was presented to the Board. The agreement included VOLUNTARY and PERMANENT SURRENDER of his license with terms and conditions.

After reviewing the agreement and taking official notice of its file in this matter the Board moved to ACCEPT the agreement.

Akre/Holt, 5/0/0 Motion carries

Wei Chen Yang, D.C., Lic. Acu., License No. 81000027A, Cause No. 2007 MLB 0003 Respondent did appear in person and was represented by Richard Kiefner regarding a Petition to Reinstate scheduled before the Board. The State of Indiana was represented by Shelley Johnson, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

Dr. Yang’s Chiropractic license was recently reinstated on Indefinite Probation by the Indiana Chiropractic Board.

After having considered the evidence presented and taking official notice of its file in this matter the Board moved to reinstate the Respondent’s license on INDEFINITE PROBATION with terms and conditions.

Dr. Barai returned at the end of this hearing.

Huddleston/Holt, 4/0/1 with Dr. Barai abstaining Motion carries Othman A. Jibril, D.O., License No. 02002426A, Cause No. 2007 MLB 0032 Respondent did appear in person and was not represented by counsel regarding an Appeal of Denial of Renewal Application scheduled before the Board. The State of Indiana was not represented and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

Participating Board Members: Worthe Holt, Jr., M.D., Bharat Barai, M.D., Thomas Akre, D.O., Navin Barot, M.D.

At the September 27, 2007 meeting Dr. Jibril did not appear for his scheduled personal appearance regarding the positive response on his renewal application. The Board took note that Dr. Jibril had not submitted documentation concerning the positive response and did not appeared for his scheduled personal appearance and denied his license renewal.

He has a current Illinois license.

After having considered the evidence presented and taking official notice of its file in this matter the Board moved to RENEW Dr. Jibril’s license on VALID TO PRACTICE and Refer to the Attorney General’s Office for investigation. Holt/Akre. No vote.

After further discussion Dr. Holt modified his motion to RENEW as active and Refer to the Attorney General’s Office for investigation.

Holt/Barai, 4/0/0 Motion carries

Ronald L. Sagalowsky, M.D., License No. 01022328A, Cause No. 2006 MLB 0032 Respondent did appear in person and was represented by Sherry Fabina-Abney regarding a Petition to Reinstate scheduled before the Board. The State of Indiana was represented by Thomas McGee, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

In January 2007 the Board placed the Respondent’s license on Indefinite Suspension.

After having considered the evidence presented and taking official notice of its file in this matter the Board moved to REINSTATE the Respondent’s license and stay the reinstatement until he submits a plan of action concerning patient records to the Board. The Board’s president may approve the plan and lift the stay after review.

Barai/Akre, 5/0/0 Motion carries

Michael John Mulligan, M.D., License No. 01043312A, Cause No. 2007 MLB 0023 Respondent did appear in person and was not represented by counsel regarding an Order to Show Cause scheduled before the Board. The State of Indiana was represented by Heather Kennedy, Deputy Attorney General and the court reporter sworn in for this matter was Sherri Rutledge with Andy Rutledge Reporting.

Fred Fricke, M.D., Consultant with ISMA was sworn in as a witness for the State. Dr. Fricke indicated that the Respondent refused to sign his ISMA contract and based on evaluations by professionals unless the Respondent is in a monitoring contract he is not safe to practice.

After having considered the evidence presented, testimony of the witness and taking official notice of its file in this matter the Board moved to place the Respondent’s license on SUMMARY SUSPENSION for a period of ninety (90) days.

Holt/Akre, 2/1/1, with Dr. Barot objecting and Dr. Barai abstaining Motion carries

DISCUSSION

Occupational Therapy Committee Proposed Rule: Jeanette Roberts, Board Director; Sherry Brenner, O.T., and Ann Hake, M.D. were present to discuss the proposed OT rule change with the Board. Ms. Roberts requested approval from the Medical Board to move forward on repealing 844 IAC 10-4-3 ‘Reinstatement of Delinquent Certificate’. After discussion the Board APPROVED the OT Committee to go forward with the repeal of this rule.

CONSENSUS Motion carried 2008 Election of Officers:

Election Results:

 Steven Huddleston, J.D., President  Navin Barot, M.D., Vice-President  Thomas Akre, D.O., Secretary

FSMB Special report on maintenance of licensure: Mr. Rinebold gave a copy of the report to each Board member to review. The Board will receive updates of its progress though the FSMB House of Delegates at their 2008 meeting.

REVIEW OF INITIAL APPLICATIONS

The Board reviewed the positive response information on the following applicants and approved them for issuance: Barai/Holt, 4/0/0

William Assad, M.D. Maen Martini, M.D.

The Board reviewed the positive response information on the following applicants and requested that they personally appear before the Board:

John Myers, M.D.

The Board reviewed the following Physician Assistant Prescriptive Authority applications and approved for issuance of prescriptive authority:

Marielle Abell, 10000607A Rebecca Alton, 10000798A Susan Bublick, 10000822A Joshua Campbell, 10000825A Mitzi Carter, 10000054A Thomas Comstock, 10000054A Barbara Cook, 10000392A Michaela Essling, 10000453A A. Michelle Ferguson, 10000621A Marilyn Gately, 10000263A Jennifer Guthrie, 10000450A Emily Hartman, 10000564A Michael Harvey, 10000816A Sara Herrman, 10000806A Cynthia Holloway, 10000809A Jennifer Irwin, Initial app Meilyn Ivey, 10000788A Julie Jacobs, Initial app Steven Jacobs, 10000243A Heather Mattern, 10000719A Megan Moser, 10000880A Todd Nisley, 10000606A Jerry Parsons, 10000250A Susan Peterson, 10000342A Caitlyn Prucinsky, 10000698A Kristen Pyszka, 10000813A Elena Rand, 10000692A Todd Rohr, 10000187A Claudine Ruzga, 10000843A Marcy Showalter, 10000398A Dwaine Siade, 10000778A Kelly Sparks, 10000928A Jennifer Stevens, 10000558A Kimberly Swigert, 10000685A Heather Upchurch, 10000889A Micki Wheeler, Initial app Becky Yancey, 10000661A Kristin Young, 10000801A Tracie Zeiger, 10000834A Elisa Sterner, 10000627A Rami Musleh, 10000752A

There being no further business the Board adjourned at 5:45 p.m.

______Worthe Holt, Jr., M.D., President

______Navin Barot, M.D., Secretary