This alert is being sent to you to inform you of criminal convictions, professional misconduct and/or administrative actions taken against U.S. licensed psychiatrists or counselors. The purpose of this alert is to assist you in protecting the public, especially in the event that the counselor is licensed in states other than where the actions occurred, in the hope that we can help avert a not-uncommon occurrence in which a psychiatrist has his/her license revoked or suspended or is criminally prosecuted in one state or country and moves elsewhere, becomes licensed and resumes practice. CCHR recommends that all state boards, councils and professional associations check their rosters.
On September 28, 2009, the Washington Department of Health (DoH),
suspended indefinitely the counseling credential of registered
counselor JULIE ALLENBY for unprofessional conduct. The DoH had
issued the credential to Ms. Allenby on May 21, 2009 on the
condition that she seek a substance abuse evaluation through the
Washington Healthcare Practitioner Services, a state program for
health care practitioner rehabilitation. Allenby failed to comply
with the condition.
Source: Non-compliance order in the Matter of Julie A.
Allenby, credential no. RC60081709, Master case no. M2009-482,
Washington Department of Health Adjudicative Service Unit, September
28, 2009.
On October 8, 2009, the DoH issued a Statement of Charges on
registered counselor LAVERNE J. JONES, for unprofessional conduct.
According to the document, Jones provided counseling services to
“Client A” in both an inpatient and outpatient setting between
February and August 2008. In September and November of that year,
the client attended “transition services” through the facility where
treatment was received. Transition service included the client’s
participation in Narcotics/Alcoholics Anonymous (NA/AA). During this
period, Jones and the client communicated with each through personal
cell phone calls and text messages. One such message Jones sent the
client contained two nude photographs of himself holding his erect
penis. Also during this period, Jones went to the client’s residence
and visited with the client for approximately one hour. In November
2008, the client attended a NA/AA meeting with other clients from
the treatment center. During the meeting, the client showed the nude
photos of Jones to other clients in attendance. On or about
September 11, 2009, Jones was convicted of Assault in the
4th Degree, a gross misdemeanor, in Yakima County, Case
No. 09-1-00684-4.
Source: Statement of Charges in the Matter of Laverne J.
Jones, credential no. RC00044067, case no. M2009-819, Washington
Department of Health Secretary of Health, October 9, 2009.
On November 24, 2009, the New York State Department of Health
State Board for Professional Medical Conduct issued a Statement of
Charges on psychiatrist NANCY JOACHIM for professional misconduct,
containing the following Factual Allegations: “From in or about
November 2008 and continuing through the present, [Joachim] had and
continues to have a psychiatric condition which impairs her ability
to practice medicine.” Joachim is affiliated with New York
Presbyterian Hospital-Columbia University.
On December 4, 2009, the Florida Board of Medicine voted
unanimously to revoke psychiatrist EMANUEL J. FALCONE’s medical
license. The Board filed a complaint against Falcone on April 27,
2009, seeking to suspend or revoke his medical license based on the
October 3, 2008 revocation of his New York medical license by that
state. According to documents of the New York Board for Professional
Medical Conduct, Falcone treated a patient for whom he bought gifts,
took on outings and engaged in sex with, among other violations. The
New York Board charged Dr. Falcone with “committing professional
misconduct…by engaging in physical contact of a sexual nature
between [himself] and the patient in the practice of psychiatry.” He
was additionally charged with professional misconduct evidencing
moral unfitness to practice; gross negligence; gross incompetence
and failing to maintain a record for the patient which accurately
reflected the care and treatment of the patient. The day before
Florida revoked his license, Falcone quit his $188,000-a-year
position as senior psychiatrist at Florida State Prison in Raiford,
after officials with the Department of Corrections were questioned
by local media about his hiring, despite knowledge of the action
taken against him in New York.
On November 14, 2009, the Minnesota Board of Medical Practice
reprimanded psychiatrist DEXTER WHITTEMORE for unprofessional and
unethical conduct; improper management of medical records; engaging
in conduct that is sexual or may reasonably be interpreted by the
patient as sexual. In addition to reprimand, he is prohibited from
providing treatment to patients or to meet with them outside of a
hospital or clinical setting and other conditions for the next two
years. He must also pay a $682 civil penalty.
Source: Stipulation and Order In the Matter of the Medical
License of Dexter D. Whittemore, M.D., license 17,811, Minnesota
Board of Practice, filed November 14, 2009.
On December 14, 2009, the Medical Board of California filed an
accusation against psychiatrist DAVID NEAL GLASER, alleging gross
negligence, repeated negligent acts, prescribing without appropriate
examination and medical indication; failure to maintain adequate and
accurate medical records; self use of dangerous drugs and
incompetence. Glaser treated a female patient whom he met at a
social gather in December 2003 and with whom he carried on a
romantic-sexual relationship from December 2003 to September 2004.
Specifically, the state’s document states that Glaser did not treat
the patient/girlfriend in his office and did not keep usual and
customary records on her, save for one dated July 3, 2004, which was
itself not data obtained on that date but was “a compilation of
information obtained over a period of ’several months’.” On March
27, 2004, Glaser called in a prescription for the patient for “Plan
B,” a preparation used to prevent/terminate an unwanted pregnancy.
Glaser did not have any records to support the use of this agent for
the patient; no evidence of having performed a history or physical
examination or even the use of a pregnancy test to substantiate the
need for Plan B. Additionally, there was no evidence of discussion
with the patient about the risk-to-benefit ratio of the drug or any
discussion of follow-up care to be provided by respondent or a
gynecologist. Further, Glaser’s one note (July 3, 2004) contains
diagnoses of obsessive-compulsive, major depressive disorder a
“longstanding sleep disorder,” in absence of documentation,
substantiation, testing, etc. The state’s document contains several
other examples of Glaser’s treatment of the patient in absence of
documentation, substantiation, etc.
Source: Accusation In the Matter of David Neal Glaser, M.D.,
Physician’s and Surgeon’s Certificate Number G 40041, Case No.
17-2007-184665, Medical Board of California Department of Consumer
Affairs, filed December 14, 2009.
On November 16, 2009 the Washington Department of Health (DoH)
issued a Statement of Charges on registered counselor JUSTIN EDWARD
STEWARD, alleging unprofessional conduct and sexual misconduct. The
document states that Steward was employed at a residential treatment
facility, where “Patient A,” a vulnerable adult, was under his care.
In or about December 2008, Steward had sexual contact with the
patient, including but not limited to the following: Steward
requested the patient perform oral sex; the patient performed oral
sex on Steward; Steward had sexual intercourse with the patient;
Steward requested that the patient masturbate; the patient
masturbated in front of Steward; Steward masturbated in front of the
patient. On or about December 11, 2008, the patient was discharged
from the facility. During February 2009, Steward posted electronic
message, which contained sexual content, on the patient social
networking webpage.
Source: Statement of Charges in the Matter of Justin Edward
Steward, Credential No. RC60014313, Case No. M2009-1032, State of
Washington Department of Health, filed November, 16, 2009.
On November 30, 2009, the Washington Department of Health (DoH)
denied a registered counselor credential to applicant DELFRED M.
JEFFERSON, JR. Jefferon submitted an application to practice as a
registered counselor on June 19, 2008. Part of that application
required him to answer a number of personal questions, including,
“Have you ever been convicted, entered a plea of guilty, no
contest…or had prosecution or a sentence deferred or suspended…?”
Jefferson responded “yes” to this question on the application. His
application was referred to the DoH Investigative Services Unit for
investigation, resulting in a denial of his application based on his
criminal history, which includes convictions for burglary,
shoplifting, assault and driving under the influence; the most
recent offense occurred in 2007. Jefferson has made restitution in
one of his convictions but nonetheless has outstanding fines, fees
and restitution of $18,000 owed to the City of Bellingham and
Whatcom County Superior Court. He has made no attempts to pay these
off.
Source: Corrected Findings of Fact, Conclusions of Law and
Final Order in the Matter of Delfred M. Jefferson, Jr., application
no. RC60040061, Master Case No. M2009-427, State of Washington
Department of Health Adjudicative Service Unit, filed November 30,
2009.
On August 3, 2009, New Jersey psychiatrist RUSSELL FERSTANDIG
voluntarily surrendered his license to practice medicine due to his
violation of the terms of a July 2008 Consent Order issued against
him by the New Jersey Board of Medical Examiners, which states that
“a urine sample collected from [Ferstandig]…tested positive for the
presence of cocaine metabolites.” Ferstandig was required to comply
with all the terms imposed by the PAP [“Professional Assistance
Program of New Jersey”] in 2008 and to abstain from all psychoactive
drugs.
Source: Consent Order in the Matter of the Suspension or
Revocation of the License of Russell Ferstandig, M.D., License No.
MA035048, State of New Jersey Department of Law and Public Safety
Division of Consumer Affairs State Board of Medical Examiners, filed
August 3, 2009.
In early December 2009, Iowa psychologist HOWARD WEINBERG
voluntarily surrendered his license to practice psychology following
a criminal conviction for possession of child
pornography. Weinberg was sentenced September 22, 2009 to 10
years prison and 10 years supervised release following his
incarceration. He was arrested in April 2008, the day after he
took his computer to a local computer repair business, employees of
which contacted the Iowa City Police after suspected child
pornography was found on the computer’s hard drive. After
obtaining a search warrant, police seized numerous computers, hard
drives, flash drives and other digital equipment from Weinberg’s
home. At sentencing, the government entered into evidence
numerous images and a series of online chats involving Weinberg and
possible minors where child pornography images were
exchanged. Despite the defense’s argument about Weinberg’s
progress in therapy since his arrest, in his sentencing, District
Court Judge John A. Jarvey noted the victims’ ages, the number of
images, images of bondage and torture and the need to protect the
public.
Source: “Former psychologist sentenced on child porn charges
surrenders license,” KCRG-TV9 (www.kcrg.com), Cedar
Rapids, Iowa, December 2, 2009.
On December 4, 2009, Ottawa psychiatrist JUAN TEJEDA-ROSARIO
was sentenced to 16 months house arrest, following criminal
convictions for two counts of sexual assault involving a
patient. Tejeda-Rosario was found guilty in July 2009 after the
former patient testified that he performed oral sex on
Tejeda-Rosario while the psychiatrist drove, and of sexual
encounters, including anal sex on one occasion, in Tejeda-Rosario’s
office, the former patient’s apartment and a motel room. These
encounters occurred over an eight- to nine-month period, ending in
1999. The patient however, who was an alcoholic, sexually
confused and victim of prior sexual abuse, continued in treatment
with Tejeda-Rosario until 2005. Tejeda-Rosario has since
surrendered his medical license. Among the conditions
Tejeda-Rosario must now abide by is to never provide counseling or
therapy for the rest of his life, provide a DNA sample to the
national databank and to register as a sex offender.
Source: Andrew Seymour, “Ottawa psychiatrist gets house
arrest for having sexual relationship with patient,” Ottawa Citizen,
December 4, 2009.
On December 22, 2009, New York City psychiatrist GODFREY MBONU
pleaded guilty to second-degree grand larceny for defraud the U.S.
federally funded Medicaid program. He must pay more than
$214,000 in restitution to the state and faces up to 15 years in
prison when he is sentenced in April. An investigation by the
Medicaid Fraud Control Unit (MFCU) revealed that from 2003 to 2009,
Mbonu submitted hundreds of claims to medical services he never
provided. Records obtained by the MFCU showed that Mbonu
submitted claims to Medicaid billed for sessions in his office when
he actually out of the country and also of office sessions when the
patient listed was actually hospitalized. Additionally, it was
found that to double reimbursements from Medicaid, he billed
Medicaid at the rate for services delivered by a psychiatrist when
they were actually provided by a clinical social worker. Mbonu
admitted at his plea hearing to having intended to defraud
Medicaid.
Source: “NY psychiatrist guilty of $214K Medicaid fraud,”
North Country Gazette, December 22, 2009.
On November 20, 2009, the Board of Psychology of the State of
California revoked the license of Kristin Hibbard,
Ph.D. According to Board documents, from 2006 to December 2008,
Hibbard treated a patient who had been injured at work and was
subsequently referred to Hibbard for counseling in anger management
and depression. In November 2008, the patient received a
worker’s compensation settlement in excess of $150,000. In
early December, the patient and his wife went to Hibbard’s office
for his regular appointment, during which Hibbard requested that the
patient sign a power of attorney giving her and another individual
control over his worker’s compensation award. The patient did
not want to do that, at which point Hibbard became angry and yelled
at him. The Board’s document further states that Hibbard
requested the wife to leave, threatening to have the patient
involuntarily committed if she did not. The patient ultimately
signed the power of attorney over to Hibbard and the other
individual. The patient and his wife later discovered that
Hibbard had withdrawn $24,000 of the the patient’s money. When
confronted about this by the patient’s wife, Hibbard is reported to
have stated, “I don’t have to talk to you…. It’s not his money
anyway.” The patient and his wife then contacted the Fresno
Police Department. Further, Hibbard was arrested on December 25,
2008 in the burglary of her mother’s home. Though Hibbard
assured the Fresno police that she lived in the house, none of her
keys fit the locks; the mother reported to police that Hibbard did
not have permission to be there, did not live there and that she had
changed all the locks after Hibbard broke into the house around
Thanksgiving 2008. Hibbard was thus charged by the Board with
dishonest, corrupt or fraudulent acts and was served a copy of the
Board’s accusation and other documents, to which she failed to
respond. She is also required to reimburse the Board $13,506.51
for the costs of investigating the case against
her.
Source: Accusation in the Matter of the
Accusation Against Kristin Hibbard, Ph.D., Psychologist’s License
No. PSY-19414, Case No. 1F-2009-198384, filed July 23, 2009 and
Default Decision and Order, effective November 20,
2009.
On September 30, 2009, the Psychology Board of the State of
California revoked the license of LOIS VERBANIC VODHANEL, Ph.D.
Revocation was stayed and Vodhanel was placed on probation for five
years. According to the Board’s Accusation, Vodhanel was
convicted of a crime substantially related to the qualifications,
functions, or duties of a psychologist. On or about March 17, 2007,
Vodhanel was arrested after being stopped by police, who had
observed her driving five miles per hour, talking on her cell phone
and obstructing traffic; remaining stopped for fifteen seconds after
the traffic light had turned green and making an unsafe
turn. She was further observed to have watery, bloodshot eyes
and her face was flushed; she was unable to complete the Field
Sobriety Test, was unable to complete a breath test at the police
station and refused to submit to a blood test. Vodhanel pleaded
guilty May 22, 2007 to reckless driving and was placed on 36 months
probation. On or about April 27, 2007, while driving, Vodhanel
collided her vehicle into the rear of another vehicle at a red light
then drove away without giving her information to the other driver,
who called 911. Responding officers noted a strong odor of alcohol
on Vodhanel’s breath, in addition to that of vomit. She again
failed to complete the Field Sobriety Test but her Chemical Test
revealed a blood alcohol level of 16/16. She pleaded no contest
to failure to stop and give driver her identification after an
accident and was sentenced to 60 months probation with 4 days to be
served in Los Angeles County Jail. She was also prohibited from
operating a motor vehicle for one year.
Source: First
Amended Accusation in the Matter of the Accusation Against Lois
Vodhanel, Psychologist License No. PSY 14646, Case No.
1f-2007-182468, December 24, 2008 and Stipulated Settlement and
Disciplinary Order, effective September 30, 2009.
On November 27, 2009, psychologist JOANIE GILLISPIE, Ph.D.
surrendered her license to the Board of Psychology of the State of
California. Gillispie was charged by the Board in September
2009 with Gross Negligence, Sexual Relations with a Former Patient,
Violation of Rules of Professional Conduct and Repeated Negligent
Acts. According to the Board’s Accusation, patient “PR” was
referred to Gillispie in early 2001, following an industrial
accident in which he sustained massive injuries to his lower
body. Gillispie became his treating psychologist, meeting with
him at his home twice a week, meeting with his wife, counseling with
his medical providers and talking to him regularly by phone. After
the therapy relationship ended in March 2002, Gillispie kept in
contact with PR in person, by phone and by e-mail. Gillispie
engaged in sexual intercourse with the former patient on July 3,
2002 and at least five additional times that year, and continued to
have sexual intercourse with him through December
2004.
Source: Stipulated Surrender of License and
Order in the Matter of the Accusation Against Joanie Gillispie,
Ph.D., Psychologist’s License No. PSY 16728, Case No.
1F-2007-182872, effective November 27, 2009.
On November 23, 2009, the Virginia Department of Health
Professions mandatorily suspended the license of professional
counselor JEANNE MARIE WATSON. According to and Order issued by
the Department, Watson pled guilty November 4, 2009 to three felony
counts of Medical Assistance Fraud in the Circuit Court of the
County of Carroll, Virginia (date not given). Watson submitted
close to $40,000 in false billings to the Medicaid program. She
was sentenced to five years in prison, suspended, and was placed on
five years probation.
Source: Order in re: Jean
Marie Watson, L.P.C, License No. 0701-000999, Before the Department
of Health Professions, November 23, 2009 and “Licensed counselor
given suspended sentence,” WXII12.com, November 4, 2009.
On November 3, 2009, the Washington Department of Health (DoH)
issued a Notice of Decision on Application, denying the licensure
application of mental health counselor Jamie L.
Rettinger. According to the DoH’s document, Rettinger applied
for a credential to practice as a mental health counselor in January
2009. From November 2008 to January 2009, Rettinger practiced
counseling without being credentialed to practice. From
approximately November 2008 to at least May 2009, Rettinger engaged
in an inappropriate relationship with a
patient.
Source: Notice of Decision on Application,
Jamie L. Rettinger, Application No. MHC.LH.00011358, Case No.
M2009-886, Washington Department of Health, filed November 3,
2009.
On December 2, 2009, the DoH required registered counselor David J.
Kost to seek a substance abuse evaluation through the Washington
Health Professional Services (WHPS, a monitoring-rehabilitative
program for impaired health care practitioners) and, if recommended,
enter and comply with all aspects of the program. According to
the DoH document, on February 27, 2009, Kost was required to provide
a biological fluid specimen in response to allegations that he used
controlled substances at the workplace. He tested positive for
morphine. He provided another specimen on April 8, 2009, which
tested positive for morphine and codeine. He returned to the
workplace after treatment but a subsequent specimen, given June 29,
2009, tested positive for buprenorphine. He is additionally
required to pay the DoH a $1,000 fine.
Source:
Stipulated Findings of Fact, Conclusions of Law and Agreed Order in
the Matter of David J. Kost, Credential No. RC 00053913, Case No.
M2009-807, Washington Department of Health, filed December 2,
2009.
On December 24, 2009, psychiatrist MILTON P. HUANG voluntarily
surrendered his medical license to the Medical Board of California
in order to resolve pending charges of unprofessional
conduct. According to the Board’s document, Huang engaged in
“sexual abuse, sexual misconduct and/or sexual contact by disrobing
and hugging, kissing and touching intimate parts of [a patient’s]
body, and/or by engaging in acts of oral copulation.” Huang was
employed at the University of California Santa Cruz’s (UCSC) health
center when he committed these acts, with a patient of the center.
The document states that Huang resigned from his position at the
University after being suspended and placed under investigation over
the allegations. During the investigation, he acknowledged that
he had engaged in a “boundary violation” with a 21-year-old female
patient—a student at UCSC—including acts of physical intimacy
starting in his office and continuing in meetings outside the
office.
Source: Decision in the Matter of the Accusation Against
Milton Peechuan Huang, M.D., Physician’s and Surgeon’s Certificate
No. CFE 50791, File No. 03-2008-189734, Before the Medical Board of
California, effective December 24, 2009.
On August 3, 2009, psychiatrist Russell Ferstandig surrendered
his license to practice medicine to the State of New
Jersey. According to the Board’s consent order, this action
occurred following the receipt by the Board of evidence that
Ferstandig violated the terms of an a July 24, 2008 consent order
wherein he was required to comply with all terms imposed by the
Professional Assistance Program of New Jersey (a monitoring and
rehabilitation program for impaired health care
practitioners). The Board’s document states that a urine sample
collected from Ferstandig on June 23, 2009 tested positive for
cocaine metabolites.
Source: Consent Order in the Matter of the Suspension or
Revocation of the License of Russell Ferstandig, M.D., License No.
MA035048, State of New Jersey Department of Law and Public Safety,
Division of Consumer Affairs, State Board of Medical Examiners,
filed August 3, 2009.
On December 10, 2009, the Medical Board of California issued an
Accusation against psychiatrist GURMEET SINGH MULTANI, alleging
sexual abuse, misconduct or relations, unprofessional conduct,
repeated negligent acts, failure to maintain adequate and accurate
records, gross negligence. The Board’s document states that
Multani treated Patient “LE” from July 2006 to March 2007 and also
treated her son and daughter. LE went to Multani for help with
depression and sexual trauma. She disclosed to Multani during
the course of her treatment that she had engaged in
prostitution. Multani subsequently asked LE out to dinner and
she agreed following dinner and drinks, Multani took her to his
office, where he engaged the patient in sexual intercourse. In the
document, LE reported that Multani engaged her in intercourse many
other times at his office, that he paid her various amounts of money
for sex, including one occasion in which paid her $2,000 and that
Multani had sex with LE on numerous occasions at LE’s apartment as
well. With another patient, “JR,” Multani is alleged to have
prescribed a narcotic appetite suppressant following JR’s concerns
about her weight, despite a 10-year history of opiate dependence and
the addictive potential of the appetite suppressant. When JR
complained that the drug made her hyper, Multani told her to
continue to take it. The document also states that Multani
conducted a “check” of her weight loss progress that consisted of
raising her skirt to expose her legs and thighs, rubbing and
pinching the inside of her bare thighs, unzipping her skirt to
observe her hips and touching her vagina through her
underwear. During this “check” Multani made comments about JR
being sexy. JR reported the incident to police that same
day.
Source: Accusation in the Matter of the Accusation Against
Gurmeet Singh Multani, M.D., Physician’s and Surgeon’s Certificate
No. A-48279, Case No. 09-2007-188108, Medical Board of California,
filed December 10, 2009.
On November 30, 2009, the Washington Department of Health (DoH)
issued a Statement of Charges against psychiatrist Charles W.
Huffine for unprofessional conduct. According to the document,
Huffine provided treatment to a teenage male with a known history of
substance abuse and possible suicidal attempt, as well as
considerable present-time substance abuse, including alcohol,
marijuana, methadone, OxyContin and LSD. Among the allegations is
that, despite and OxyContin overdose and the patient’s admissions of
other substance use, escalating family turmoil instigated by the
patient, increasing erratic and violent behavior, an auto accident
and two citations (one for Minor in Possession), Huffine never
pursued urinalysis or other laboratory tests to determine what
exactly the patient was taking or how much; never suggested to the
patient that he stop using; did nothing to monitor the patient’s
use; did not adequately assess the impact of the patient’s substance
abuse on his mental health; did not inform the patient’s parents
regarding the serious nature of the patient’s substance abuse and
did not significantly involve the family in the patient’s
treatment. Further, in response to the patient’s mother’s
concerns about his behavior and obvious signs of drug abuse, Huffine
did not inform the mother of the “serious level of danger to her son
and others. Instead, he reassured the mother…suggested that the
mother should not be so sure about whether the drugs were producing
the patient’s…behavior. He urged her to look beyond the drug issues
and see the behavior as complex and affected by psychiatric
issues.” He told the mother that her son was “not ready” to
stop using drugs. Lastly, despite known and very serious
substance abuse, Huffine did not recommend more intense substance
abuse treatment and on many occasions actually recommended against
immediate inpatient treatment. Ultimately, the boy was found
un-arousable from sleep and was taken to the hospital where it was
found he’d overdosed on 180 mg of methadone. He soon after entered
substance abuse treatment and did not return to Huffine’s
treatment.
Source: Statement of Charges in the Matter of Charles
W. Huffine, M.D., License No. MD00013207, Case No. M2009-349,
Washington Dept. of Health Medical Quality Assurance Commission,
filed November 30, 2009.
On December 2, 2009, the Wisconsin Psychology Examining Board
issued a Final Decision and Order on PAUL R. HAMILTON, limiting his
license by requiring his practice to be supervised by a
Board-approved psychologist. According to the Board’s
document, Hamilton treated a 16-year-old patient from November 2005
to January 2007. The patient’s parents authorized only two
sessions per week but through much of 2006, Hamilton billed for as
many as seven sessions per week, some of which occurred on weekends
and at night, both in-person and through e-mail and instant
messaging. Though Hamilton stated that he discussed with the
parents the efficacy of this form of treatment for the patient, the
parents denied knowledge of several of these treatment sessions at
the time they occurred. When the patient’s insurance benefits
were exhausted, Hamilton began billing the insurance company for the
patient’s sessions under the parents’ names, although he did not see
the parents as patients. Upon terminating Hamilton’s services, the
parents received a bill showing an outstanding total balance of
$11,630 for services allegedly provided to the mother, father and
daughter. When the parents disputed their bill, Hamilton
contacted the patient by e-mail and told her of the dispute, which
the patient states caused her to self-harm. In addition to the
monitoring of his practice, Hamilton is also required by the Board
to complete six hours of continuing education in law and ethics for
psychologists and six hours of education in billing for
psychologists, as well as a $1,200 for the cost of the proceeding
against him.
Source: Final Decision and Order in the Matter of
Disciplinary Proceedings Against Paul R. Hamilton, LS0912021PSY,
Case #08 PSY 012, State of Wisconsin Psychology Examining Board,
December 2, 2009.
On November 10, 2009, the Pennsylvania Board of Social Workers,
Marriage and Family Therapists and Professional Counselors
reprimanded social worker MICHAEL ANTHONY BARFIELD and ordered him
to pay a civil penalty of $1,500 “because he was convicted of a
felony or crime of moral turpitude in any state or federal court or
was convicted of the equivalent of a felony in any foreign country,
territory or possession and failed to report his felony conviction
on his 1999 application for licensure renewal.”
Source: November 2009 Disciplinary
Actions report, as found on the website of the Pennsylvania Board of
Social Workers, Marriage and Family Therapists and Professional
Counselors.
On December 21, 2009, the Utah Department of Commerce Division of
Occupational and Professional Licensing (DOPL) revoked the license
of licensed clinical social worker DOROTHY LEITZELL
IMPERIALE. Revocation was stayed and her license was placed on
probation for 18 months with conditions and restrictions. The
DOPL’s report states that Imperiale engaged in unprofessional
conduct in her practice as a licensed clinical social worker.
Source: Utah Department of Commerce Division of
Occupational and Professional Licensing newsletter, January 1, 2010,
as found on the Division’s website.
On December 2, 2009, the DOPL publicly reprimanded licensed clinical
social worker ANDREA L. MORRIS because according to the DOPL’s
report, she engaged in an inappropriate dual relationship with a
client.
Source: Utah Department of Commerce
Division of Occupational and Professional Licensing newsletter,
January 1, 2010, as found on the Division’s website.
On November 19, 2009, licensed clinical social worker ROGER HAL READ
surrendered his license to practice as a clinical social worker to
the DOPL. According to the DOPL’s report, Read engaged in
unprofessional conduct in his practice as a licensed clinical social
worker.
Source: Utah Department of Commerce Division of
Occupational and Professional Licensing newsletter, December 1,
2009, as found on the Division’s website.
On January 20, 2009, the New York Board for Professional
Medical Conduct granted psychiatrist ROYLE MIRALLES’ Application for
Modification Order, which requested a change in language (and, of
substance) in a Consent Order issued by the Board against Miralles
in August 2009. That Order, which placed Miralles on five years
probation, was the result of charges against him for negligence,
incompetence and numerous recordkeeping violations regarding his
treatment of seven patients, including: failing to adequately
monitor lithium levels; failure to adequately assess and/or document
adequate assessment of tardive dyskinesia (an incurable motor
disorder resulting in facial and other muscle contortions, which is
a known side effect of antipsychotic drugs); failure to obtain
and/or document informed consent for medicines prescribed; failure
to adequately monitor blood sugar levels, lipid profiles, weight
and/or girth during treatment with atypical antipsychotic drugs
(which carry known dangerous side effects of abnormal weight gain,
blood sugar abnormalities and diabetes) and failure to maintain
accurate medical records. The request that Miralles made and
which the state granted changed the language of the Consent Order
from five years probation to state that Miralles “shall never
practice in New York state as a physician or activate his
registration to practice medicine as a physician in New York
state.”
Source: Modification Order in the Matter of
Royle Miralles, M.D., BPMC No. #09-150, New York State Department of
Health State Board for Professional Medical Conduct, January 9,
2010.
On October 14, 2009, the State Medical Board of Ohio issued a letter
to psychiatrist GREGORY B. CAMP, informing him of their intent to
determine whether or not to limit, revoke, suspend or refuse to
reinstate his certificate to practice medicine. Camp entered
into a Consent Agreement with the Board in November 2007 in which
his certificate was suspended indefinitely based in part upon his
admission of impairment of his ability to practice medicine
according to acceptable standards of care due to the habitual or
excessive use or abuse of alcohol and by reason of mental illness,
as well as by reason of his admission that he had falsely answered
questions on his 2003 and 2005 medical license renewal applications.
Terms of the Consent Order required Camp to comply with numerous
terms and conditions, including random urine screenings for drug
and/or alcohol, routine in-person interviews with Board
representatives, and attendance no less than three times per week in
an alcohol and drug rehabilitation program such as A.A., N.A., which
Camp either did not comply with or insufficiently complied
with.
Source: Letter of Lance A. Talmadge, M.D.,
Secretary, State Medical Board of Ohio to Gregory B. Camp, M.D.,
Case number 09-CRF-128, October 14, 2009.
In November 2009, the Tennessee Department of Health revoked
psychiatrist HELMUT G. KRAMER’s license to practice
medicine. Kramer failed to pay delinquent privilege taxes. In
addition to revocation, he is required to pay the delinquent taxes,
penalties and assessed costs.
Source: November 2009
Disciplinary Action Report of the Tennessee Department of Health, as
posted on the Department’s website.
On July 28, 2009, the New York State Department of Education
Office of the Professions accepted psychologist INNA PUSTILNIK’s
application to surrender her license. Pustilnik (who was also
known as Inna Post) admitted to the Department that she had been
convicted in New York of Attempted Enterprise Corruption.
Source: Disciplinary Actions report of the New York State
Department of Education Office of the Professions.
On November 5, 2009, the Vermont Board of Medical Practice
suspended the license of psychiatrist KAREN PREIS. According to
the Board’s findings of fact, “On or about June 30, 2009…Preis filed
her Vermont personal income tax returns for the years 2006 and 2007,
which had not been previously filed as required by [state
law]. These returns were accompanied by a partial payment of
$500 that was applied to the outstanding taxes for 2006. There are
remaining unpaid tax obligations for…2006 and 2007. Preis filed
an extension request for her 2008 tax return that estimated that
taxes would be owed for that year. On or about June 30,
2009…Preis signed an agreement with the Department of Taxes
[agreeing] to file her 2008 income tax return on or before August 5,
2009, and to begin making monthly arrearage payments of $1000,
beginning on the same date and continuing until the outstanding
taxes, penalties, and interest were paid in full. As of November 3,
2009…Preis has failed to file her 2008 tax returns or to make any of
the monthly arrearage payments due under the
agreement….” Vermont state law requires revocation or
suspension of any license to practice a profession if taxes have not
been paid.
Source: Decision and Order Suspending License In Re: Karen Preis, M.D., Docket No. MPS 135-1108, Vermont Board of Medical Practice, November 5, 2009.
On July 21, 2009, psychiatrist REINALDO DE LOS HEROS entered into a
Consent Agreement with the Maine Board of Licensure in Medicine,
placing conditions on his practice pending the outcome of the
investigation of a pending complaint against him. In July 2006,
de los Heros returned to practice on a conditional license issued by
Maine, after having been away from medicine for ten years. His
absence from medical practice followed a March 1997 conviction for
Medicaid fraud and Larceny in the state of Massachusetts and the
resulting revocation of his medical licenses in Massachusetts, New
Hampshire and North Carolina. The conditions currently placed
on his Maine license include having his practice supervised by
another licensed psychiatrist including an initial review of all
patient charts and review of at least one tape-recorded session with
a patient; he must also bear all costs of monitoring and supervision
and is liable to summary suspension of his license for violations of
the terms of the Consent Agreement.
Source: Consent Agreement In re: Reinaldo O. de los Heros, M.D., State of Maine
Board of Licensure in Medicine, July 23, 2009 and Consent Agreement
for Conditional Licensure In re: Reinaldo O. de los Heros,
Application for Licensure, State of Maine Board of Licensure in
Medicine, July 11, 2006.
On October 26, 2009, the Maine Board of Counseling Professionals
Licensure formally reprimanded counselor Anne G. Dellenbaugh and
accepted the permanent surrender of professional counselor
registration. These actions were based on the Board’s response to a
complaint which it received in January 2009 from one of
Dellenbaugh’s peers, alleging that Dellenbaugh admitted to being in
an “intimate, romantic relationship with a counseling client.” The
Board’s document further states that Dellenbaugh admitted that she
terminated the therapist-client relationship in April 2008 due to
the client’s expressed personal attraction and her own unexpressed
reciprocation and that she engaged in a personal relationship with a
former client beginning in July 2008 and proceeding to a sexual
relationship in December 2008.
Source: Consent Agreement In re: Anne G. Dellenbaugh, Complaint No. 2009-COU-5246,
State of Maine Board of Counseling Professionals Licensure, October
26, 2009.
On November 6, 2009, the Washington Department of Health (DoH)
revoked counselor Tony G. Ogemahgeshig’s credential. According to
the DoH’s document, this action was the result of Ogemahgeshig’s
conduct with a single client, described as having a past history of
addiction of alcohol, past history of abuse by multiple male
perpetrators and that, due to experiences with a past male
perpetrator who would drive in an erratic manner in an attempt to
coerce the client not to disclose his abuse, the client was fearful
of driving and did not drive. Ogemahgeshig was aware of these
conditions at the time he provided services to the client.
Nonetheless, among Ogemahgeshig’s violations were that he asked the
client out to lunch on a Saturday and the client agreed.
Ogemahgeshig drank a bottle of wine prior to picking up the client
and smelled of alcohol. He arrived at her house wearing sweats and
slippers and explained that he need to go home and shower before
lunch. He did not explain to the client that his home was located in
a rural community approximately 25 miles from her home. He drove in
an erratic manner and at high speeds. Once at his house, he
initiated hugs and kisses on the client. He then took a shower,
during which he left the door open and called out to the client to
bring him soap, which she did. After his shower, he emerged from the
bathroom in only bikini briefs and asked the client to get in bed
with him, to which she reluctantly agreed. Ogemahgeshig got her
under the covers and proceeded to rub her body through her clothes
and under her shirt, kissed and hugged her and told her he was
sexually attracted to her. She persuaded him to stop and they
proceeded to lunch, where he again drove in an erratic manner at
high rates of speed. Ogemahgeshig disclosed personal information
about himself, his romantic history and his hope that the client
could help him stay sober. As a result of Ogemahgeshig’s conduct,
the client suffered substantial emotional stress, began drinking
again and attempted suicide.
Source: Findings of Fact, Conclusions of Law and Final Order, In the Matter of Tony G. Ogemahgeshig, Credential No. RC00040089, Master Case No.
M2008-117818, Washington Department of Health, ovember 6,
2009.
On July 7, 2009, New York psychologist Michael Miran was
charged with defrauding the state Medicaid and Medicare programs of
$258,000. The 31-count indictment against Miran (and his wife)
alleges that they allowed unqualified staff to perform therapy
sessions. They are also charged with billing for bogus group therapy
sessions and for longer sessions that what actually occurred. The
Mirans were ordered held in county jail in lieu of
bond.
Source: Michael Zeigler, “Rochester psychologist, wife charged with Medicaid, Medicare fraud,” The Democrat and Chronicle, July 7, 2009.
On January 12, 2010, Florida psychologist Paul Inkeles pleaded not
guilty to DUI manslaughter and other criminal charges in a crash
that killed one. It was reported that Inkeles had cocaine,
oxycodone, morphine and five other drugs in his system when,
according to police reports, he collided his vehicle into that of
another driver while moving at least 22 miles per hour over the
speed limit. At the time of the March 26, 2009 crash, Inkeles was
out on bond awaiting trial for cocaine and heroin possession.
Documents obtained by the Citizens Commission on Human Rights from
the Florida Department of Health state that Inkeles has a “long
history of polysubstance abuse” which resulted in the emergency
suspension of his license in February 2008 following a January 2008
cocaine-heroin overdose while in the presence of his 10- and
13-year-old children. He is noted as well to have had repeated
relapses into drug use, despite having completed a monitoring and
treatment program of the Florida Professionals Resource Network, a
program for impaired health care practitioners.
Source: Jon Burstein, “Disgraced
psychologist pleads not guilty to DUI manslaughter,” Sun-Sentinel,
January 12, 2010.
On November 5, 2009, the Washington Department of Health (DoH)
suspended indefinitely the license of registered counselor Marie
Elaine Reynolds for non-compliance with an earlier DoH order. The
DoH issued Reynold counseling credential in February 2009 with
conditions including a stipulation that she seek a substance abuse
evaluation through the Washington Health Professionals Services and,
if recommended, enter and comply with all aspects of the program. It
included the notice that failure to comply with the terms could
result in suspension of her credential. She failed to follow through
with the evaluation. Other terms of the issuance of Reynolds’
credential were that it was issued under a three years probation.
The reason for the terms imposed is that Reynolds had several
controlled substance-relation convictions prior to applying for her
credential.
Source: Notice of Decision on Application and Order of
Non-Compliance in the Matter of Marie Elaine Reynolds, Credential
No. RC60048121, Master Case No. M2008-118680, Washington Department
of Health, filed December 11, 2008 and November 5, 2009,
respectively.
On November 18, 2009, the DoH suspended indefinitely the license of
registered counselor James L. McClure. This action is the result of
the following: On June 21, 2000, the DoH suspended McClure’s
registration for seven years upon the results of an investigation
that determined that 1) McClure had filed a claims with a county
health plan for reimbursement for the individual counseling of one
client; 2) the client did not receive individual counseling, but
group counseling; 3) the counseling was not provided by McClure; 4)
the claims were denied because McClure was not a qualified services
provider; 5) McClure submitted claim forms for the same client,
indicating that the individual counseling sessions were delivered by
a social worker that was an employee of McClure’s but which were not
in actuality providing by this individual; 6) the county health plan
audited McClure and determined that McClure had made unsubstantiated
claims in excess of $72,000; 7) The county made a demand for the
amount in a settlement and McClure agreed to return $48,419;
McClure was allowed to continue billing the county and 100% of his
claims were audited; 9) it was found that McClure and/or his
employees continued to submit unsubstantiated claims for
reimbursement and 10) McClure did not repay the entire $48,419.
Conditions of the seven-year suspension of his credential included,
upon reinstatement of his license in May 2008, that he cause his
practice supervisor to submit semi-annual reports and the he
complete 18 hours of course work in the area of professional law and
ethics. McClure failed to comply with the conditions.
Source: Stipulated Findings of Fact, Conclusions
of Law and Agreed Order and Notice of Decision on Application and
Order of Non-Compliance in the Matter of Marie Elaine Reynolds,
Credential No. RC60048121, Master Case No. M1998-102009, Washington
Department of Health, filed June 21, 2000 and November 18, 2009,
respectively.
On January 28, 2010, the Medical Board of California issued an
Accusation, seeking to suspend or revoke the license of psychiatrist
John T. Nasse, Jr. The Board’s document alleges that Nasse committed
gross negligence, repeated acts of negligence involving several
patients and failure to maintain adequate and accurate records,
regarding one patient. Specifically, the document states that, among
other things, Nasse:
Prescribed the narcotic painkiller
hydrocodone to a patient 48 times in 30 months in 100 tablet
increments—far in excess of appropriate dosage levels;
Failed to
consult with the patient’s pain management to ensure that the
patient was not receiving duplicate prescriptions and
Failed to
refer the patient to a neurologist or pain management specialist.
Prescribed a tricyclic antidepressant to another patient but did
not tricyclic blood levels or a drug screen to determine what other
drugs the patient was taking. The patient died of a drug overdose on
a combination of drugs all prescribed by Nasse.
Prescribed a
benzodiazepine to a Board investigator who presented as a patient,
without conducing an appropriate examination or evaluation.
Prescribed benzodiazepines 19 times in a one-year period to a
patient with a history of alcohol abuse—far in excess of appropriate
dosage levels.
Source: Accusation, In the Matter of the Accusation Against
John T. Nasse, Jr., M.D., Physician’s and Surgeon’s Certificate No.
C29053, Case No. 05-2007-181416, Medical Board of California, filed
January 28, 2010.
On January 25, 2010, the Medical Board of California issued an
Accusation on Minnesota psychiatrist Dexter D. Whittemore, seeking
to suspend, revoke or otherwise discipline his license. The Board is
basing this proposed disciplinary action on action that was taken
against Whittemore in late 2009 in the state of Minnesota. On
November 14, 2009, the Minnesota Board of Medical Practice
reprimanded Whittemore for unprofessional and unethical conduct;
improper management of medical records; engaging in conduct that is
sexual or may reasonably be interpreted by the patient as sexual. In
addition to the reprimand, he was prohibited from providing
treatment to patients or to meet with them outside of a hospital or
clinical setting and other conditions for the next two years.
He was also required to pay a $682 civil penalty.
Source: Stipulation and Order In the Matter of the Medical
License of Dexter D. Whittemore, M.D., license 17,811, Minnesota
Board of Practice, filed November 14, 2009 and Accusation, In the
Matter of the Accusation Against Dexter Delmont Whittemore, M.D.,
Physician’s and Surgeon’s Certificate No. C32389, Case No.
16-2009-203303, Medical Board of California, filed January 25,
2010.
On January 20, 2010, the Medical Board of California issued a
Public Letter of Reprimand on psychiatrist DAVID ALBERT NICHOL,
based on actions taken against him by the state of Colorado, where
he is also licensed. According to the letter, on October 8, 2009,
the Colorado Board of Medical Examiners issued a Letter of
Admonition against Nichol’s license. The Colorado Board found that
during 2007 and 2008, Nichols’ care and treatment of a particular
patient was below the standard of practice in that Nichol, among
other things, failed to appreciate and adjust the patient’s
diagnosis and treatment in response to increased evidence of
substance abuse; increased the amounts of anti-anxiety drugs without
documenting any consideration of their potential for abuse;
prescribed stimulant drugs to the patient without consideration of
the entire clinical picture and treated the patient’s erectile
dysfunction without any clinical evaluation.
Source: Public Letter of Reprimand issued to David Albert
Nichol, M.D., Physician’s and Surgeon’s Certificate No. GFE-84460,
Case No. 16-2009-203150, issued by Medical Board of California,
January 20, 2010.
On December 22, 2009, the Pennsylvania Department of State
(DoS) placed psychiatrist MARYANN THERESA WEISMAN on probation for a
period of three years, subject to terms and conditions.
According to the DoS’ Disciplinary Actions report, Weisman is unfit
to practice due to mental illness.
Source: Entry of Maryann Theresa Weisman, as listed
in January 2010 “Disciplinary Actions” report, as found on the
website of the Pennsylvania Department of State.
On February 3, 2010, The Texas Medical Board indefinitely
suspended child psychiatrist WILLIAM OLMSTEAD for failure to comply
with terms of his Board-ordered probation, which required, among
other things, that he submit to a psychiatric evaluation. Olmstead
pleaded no contest in January 2009 to indecency with a child and was
sentenced to six years deferred adjudication (meaning if he complied
with terms of his criminal probation—which is unrelated to the
probation of his license by the medical board—then the conviction
would removed from his record). He was also placed on the sex
offender registry. According to reports, he was charged after a
young girl who lived next door said he’d molested her.
Source: Diane Jennings, “Board suspends medical license of
child psychiatrist who is registered sex offender,” Dallas Morning
News, February 4,
2010.
On November 13, 2009, the Maine Board of Social Worker
Licensure denied clinical social worker Pamelia Barrett’s appeal
from the denial of her licensure renewal. Barrett was initially
licensed to practice social work in March of 1997. Her most
recent license expired in January 2007. Her February 2007
reapplication was denied. In March 2005, she entered into a Consent
Agreement with the Board. The basis of the order was that she
had her dog in her waiting area and the dog need to go “outside”
before the session began, which delayed the
session. Subsequently, she brought the animal into the
counseling room during the session, at which time the animal
interrupted the session twice by whining. (Barrett previously
received a letter of guidance from the Board in April 2002,
specifically cautioning her not to use the dog as part of
therapy.) Part of the Consent Agreement, Barrett was issued a
Censure agreed that for six months, her practice would be subject to
consultation by a licensed clinical social worker, including
face-to-face interviews. Barrett did not complete the required
consultations but continued to see clients. Though she denied
treating clients without completing the consultation, available
documentation showed this was false.
Source: Disciplinary Action, Decision, In Re: Pamelia
Barrett, Comp. #2007-SC-3400, Maine Board of Social Worker
Licensure, November 13, 2009.
In December 2009, the Illinois Department of Financial and
Professional Regulation suspended indefinitely clinical social
worker Julie Johnston for a minimum of three years due to boundary
violations and sexual misconduct with clients.
Source: Entry on Julie Johnston, as listed in the December
2009 disciplinary action report of the Illinois Department of
Financial and Professional Regulation.
On January 28, 2010, psychiatrist Andrew M. Razin entered into
a consent order with the New York State Board for Professional
Medical Conduct, which censured and reprimanded him and also ordered
him to pay a $1,000 fine. This action came about after the
Board charged him with improper professional practice and
professional misconduct. These charges were based on
disciplinary action taken against him in July 2008 by the state of
New Jersey, which reprimanded and fined him for aiding and abetting
the unlicensed practice of medicine and alcohol and drug
counseling. This came to the Board’s attention upon reviewing
the application for a drug-alcohol counseling licensure submitted by
a man whose application showed he was supervised by Dr. Razin while
still unlicensed—a violation of state law.
Source: Consent Order, in the Matter of Andrew M. Razin,
M.D., BPMC No. #10-13, New York State Dept. of Health State Board
for Professional Medical Conduct, dated January 27, 2010 and Consent
Order, In the Matter of the Suspension or Revocation of the Licenses
of Andrew Michael Razin, M.D., License No. 25MA0381550 to Practice
Medicine and Surgery in the State of New Jersey, New Jersey State
Board of Medical Examiners, filed July 10, 2008.
On February 4, 2010, the Kansas Board of Healing Arts censured
psychiatrist Douglas L. Geenens for sexual misconduct. The
Board found, as a matter of fact, that Geenens slept in the same bed
as one of his patients during the time he was treating the
patient. Geenens admitted the same at hearing and conceded that
such behavior was a boundary violation. The Board’s document
states that the board “takes administrative notice of the fact…[that
Geenens’ actions] have caused a public outcry in both the press and
in the Kansas Legislature. The public perceives it should be
protected from the actions of licensees who commit violations of the
Healing Arts Act, such as by [Geenens]. The desire of the
public to be protected from licensees who violate the…Act…is an
aggravating factor which weighs against [Geenens].” In
addition to censure, the Board fined Geenens $5,000 and ordered him
to pay $27,477.56, for the Board’s costs of investigation and
hearing.
Source: Final Order, In the Matter of Douglas L. Geenens,
D.O., Kansas License No. 04-26214, KSBHA Docket No. 09-HA-00059,
Before the Board of Healing Arts of the State of Kansas, filed
February 4, 2010.
