March 18-20, 2009 1203 Front Street Raleigh, North Carolina
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MINUTES North Carolina Medical Board March 18-20, 2009 1203 Front Street Raleigh, North Carolina 1 Minutes of the Open sessions of the North Carolina Medical Board Meeting held March 18-20, 2009. The March 18-20, 2009, meeting of the North Carolina Medical Board was held at the Board's Office, 1203 Front Street, Raleigh, NC 27609. The meeting was called to order at 8:05 a.m., Wednesday, March 18, 2009, by George L. Saunders, III, MD, President. Board members in attendance were: Janelle A. Rhyne, MD, Past President; Donald E. Jablonski, DO, President- Elect; Janice E. Huff, MD, Secretary/Treasurer; Ms. Pamela Blizzard; Thomas R. Hill, MD; Ms. Thelma Lennon; John B. Lewis, Jr., LLB; Peggy R. Robinson, PA-C; William A. Walker, MD; Paul S. Camnitz, MD and William W. Foster, MD. Also attending were R. David Henderson, Executive Director and Thom Mansfield, Board Attorney. Presidential Remarks Dr. Saunders commenced the meeting by reading from State Government Ethics Act, “ethics awareness and conflict of interest reminder.” No conflicts were reported. Minute Approval Motion: A motion passed that the January 2009 Board Minutes are approved as presented. Executive Director’s Announcements Ms. Judie Clark acknowledged Ms. Carol Puryear’s five year anniversary with the NCMB. Ms. Joy Cooke acknowledged Ms. Jane Paige as a new employee in the Licensing Department. Mr. Henderson noted the NCMB 150th Anniversary Celebration would be Thursday evening. ATTORNEY'S REPORT A motion passed to close the session pursuant to Section 143-318.11(a) of the North Carolina General Statutes to prevent the disclosure of information that is confidential pursuant to Sections 90-8, 90-14, 90-16, 90-21.22 of the North Carolina General Statutes and not considered a public record within the meaning of Chapter 132 of the General Statutes and/or to preserve attorney/client privilege. Written reports on 228 cases were presented for the Board’s review. The specifics of the non-public matters in this report are not included. A motion passed to return to open session. 2 EXECUTED CASES PUBLIC ACTIONS Anderson, Joseph Robert MD Public Letter of Concern executed 03/13/2009 Barro, Lee Dennis MD Entry of Revocation executed 02/04/2009 Blanks, Richard Charles MD Non-Disciplinary Consent Order executed 02/27/2009 Block, Matthew Amendment to Consent Order executed 02/02/2009 Buttar, Rashid Ali MD Notice of Charges and Allegations; Notice of Hearing executed 3/10/09 Caggiano, Christopher John Notice of Revocation executed 2/3/09 Camp, Gregory Burnham MD Notice of Dismissal executed 2/9/09 Chao, Ronald Philip MD Special Permit Agreement executed 3/16/09 Chatterjee, Madhumita MD Public Letter of Concern executed 2-25-2009 Clark, Richard Stroebe MD Consent Order executed 02/09/2009 Cole, Jeffrey Randall RTL Denial of Licensure executed 02/18/2009 Coulson, Alan Stewart MD Voluntary Dismissal executed 3/18/09 Craft, Patrick Phelps MD Termination of Consent Order executed 02/10/2009 Crawford, Edward Coleman MD Notice of Charges & Allegations; Notice of Hearing executed 2/6/09 Crummie, Robert Gwinn MD Consent Order executed 01/30/2009 Drago, Paul Carl MD Order of Summary Suspension executed 3/6/09 Earla, Janaki Ram Prasad MD Voluntary Surrender Form executed 02/20/2009 3 Fisher, Anthony Lee Consent Order executed 01/30/2009 Friedes, Larry Matthew MD Consent Order executed 3/4/09 Greenwood, Denise Rochelle MD Notice of Charges and Allegations; Notice of Hearing executed 2/19/09 Gustilo-Ashby, Arlan Marcus MD Termination Order executed 1/23/09 Guzman, Myra Athena MD Final Order executed 3/10/09 Hanly, Andrew Joseph Consent Order executed 2/3/09 Harbieh, Jamil George Order Terminating Consent Order executed 1/23/09 Harris-Chin, Cheryl Jacqueline MD Notice of Charges & Allegations; Notice of Hearing executed 2/5/09 Harshany, Mark Lawrence MD Consent Order executed 3/17/09 Heim, Alan Lee Consent Order executed 2/25/09 Jamieson, Brian David MD Consent Order executed 03/18/2009 Kraus, Carl Neil MD Re-Entry Agreement executed 02/05/2009 Liljeberg, Robert Louis MD Public Letter of Concern executed 3/3/09 McCutchen, William MD Notice of Charges and Allegations; Notice of Hearing and Private Letter of Concern executed 3/13/09 McFee, William Henry MD Public Letter of Concern executed 03/10/2009 McGehee, Bruce Edward MD Findings of Fact, Conclusions of Law, and Order of Discipline executed 01/30/2009 McKinney, Gisele MD Notice of Charges and Allegations; Notice of Hearing executed 3/16/09 4 Miles, Christopher Alan PA Public Letter of Concern executed 03/06/2009 Montag, Thomas William MD Notice of Charges & Allegations; Notice of Hearing executed 2/25/09 Morales, Sergio Eli MD Non-Disciplinary Consent Order executed 2/6/09 Muncie, Herbert Lee Denial of Licensure executed 1/27/09 Nettles, Tamischer Baldwin Denial of Licensure executed 02/09/2009 O'Bannon, Robert Toney MD Non-Disciplinary Consent Order executed 2/11/09 Olsen, Thomas George MD Order Terminating Consent Order executed 1/23/09 Patel, Jirpesh Raojibhai MD Consent Order executed 1/26/09 Pecora, Andrew Paul Notice of Charges & Allegations; Notice of Hearing and Private Letter of Concern executed 3/12/09 Pitre, Christopher Paul PA Public Letter of Concern executed 02/10/2009 Rollins, Curtis Edward MD Termination of Consent Order executed 02/09/2009 Rosner, Michael John MD Order of Discipline and Consent Agreement executed 2/6/09 Sarmiento, Andre Gualberto MD Notice of Charges & Allegations; Notice of Hearing executed 1/29/09 Schupansky, Christine Ida PA Consent Order executed 02/09/2009 Sharma, Kshitij MD Public Letter of Concern w/Consent and Waiver executed 1/26/09 Sloand, Timothy Peter MD Consent Order executed 2/11/09 Spencer, David McCaughey MD Public Letter of Concern executed 02/03/2009 Squire, Edward Noonan MD Consent Order executed 03/17/2009 5 Uwagerikpe, Louis Alimiro Denial of Licensure executed 1/27/09 Williams, Dwight Morrison MD Termination of Consent Orders executed on 02/10/2009 Wood, John Brian Thomas MD Consent Order executed 3/5/09 Woods, Michelle Hansen PA Re-Entry Agreement executed 02/17/2009 Ziglar, Susan Kimberly MD Public Letter of Concern executed 03/16/2009 A motion passed to close the session pursuant to Section 143-318.11(a) of the North Carolina General Statutes to prevent the disclosure of information that is confidential pursuant to Sections 90-8, 90-14, 90-16, 90-21.22 of the North Carolina General Statutes and not considered a public record within the meaning of Chapter 132 of the General Statutes and/or to preserve attorney/client privilege. Written reports on 72 cases were presented for the Board’s review. The specifics of the non- public matters in this report are not included. A motion passed to return to open session PROPOSED CONSENT ORDERS Levine, Melvin David MD - Chapel Hill, NC Dr. Levine was represented by Alan Schneider The Board was represented by Thom Mansfield and Todd Brosius 3/2009 BOARD ACTION: Accept proposed Consent Order Smith, Gregory Eugene PA - Fayetteville, NC Mr. Smith was represented by Mary Wells The Board was represented by Marcus Jimison 3/2009 BOARD ACTION: Accept proposed Consent Order Pucilowski, Olgierd Antoni MD - Chapel Hill, NC Dr. Pucilowski was represented by Joe Williford The Board was represented by Marcus Jimison 3/2009 BOARD ACTION: Accept proposed Consent Order Headen, Kenneth Jay MD - Burlington, NC Dr. Headen was represented by Mary Wells 6 The Board was represented by Marcus Jimison 3/2009 BOARD ACTION: Accept proposed Consent Order Matthews, Karen R. Bissell MD – Winston Salem, NC Dr. Matthews was represented by Tom West The Board was represented by Marcus Jimison 3/2009 BOARD ACTION: Accept proposed Consent Order Adelman, Richard D. MD - Raleigh, NC Dr. Adelman was represented by Barry Cobb The Board was represented by Marcus Jimison 3/2009 BOARD ACTION: Accept proposed Consent Order Oddono, Ernest John MD - Greensboro, NC Dr. Oddono was represented by Stanley Hammer The Board was represented by Marcus Jimison 3/2009 BOARD ACTION: Accept proposed Consent Order EXECUTIVE COMMITTEE REPORT The Executive Committee of the North Carolina Medical Board was called to order at 10:35 am, Wednesday, March 18, 2009, at the offices of the Board. Members present were: George L. Saunders, MD, Chair; Janelle A. Rhyne, MD; Donald E. Jablonski, DO; Janice E. Huff, MD; and John B. Lewis, Jr. Also present were R. David Henderson (Executive Director), Hari Gupta (Director of Operations), and Peter T. Celentano, CPA (Comptroller). Financial Statements Monthly Accounting January 2009: Mr. Celentano, CPA, presented the January 2009 compiled financial statements. January is the end of the first three months of fiscal year 2009. Dr. Jablonski made a motion to accept the financial statements as reported. Dr. Rhyne seconded the motion and the motion was approved unanimously. Mr. Celentano reviewed with the Committee the annual accounting of the Review Panel for 2008. Old Business There were no items to discuss. 7 New Business Proposed change to the Controlled Substances Reporting System: Members of the Executive Committee, including our Legislative Liaison, Thomas Mansfield, discussed concerns raised by Dr. Diane Alligood in a letter dated February 23, 2009. Dr. Alligood is frustrated with the CSRS Act which seems to prevent her from reporting information acquired via the CSRS to colleagues who are also “treating” patients who are abusing and/or diverting narcotics. After discussion, Dr. Rhyne made a motion to allow Mr. Mansfield to move forward with identifying and meeting with the parties who originally drafted G.S. 90-113.74 and discuss the possibility of amending the confidentiality provision.