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YOUR REPORT FROM THE STATE MEDICAL BOARD OF OHIO SUMMER 2002 The State Medical Board President Pitambar Somani, M.D., Ph.D. Columbus Vice President R. Gregory Browning, Ph.D. Columbus Secretary Anand G. Garg, M.D., Ph.D. Avon Supervising Member Raymond J. Albert Amanda Ronald C. Agresta, M.D. Steubenville Anant R. Bhati, M.D. Cincinnati David S. Buchan, D.P.M. Columbus Patricia J. Davidson, M.D. Columbus Carol Lynn Egner, M.D. Cincinnati Anquenette Sloan Columbus Anita M. Steinbergh, D.O. Westerville Lance Talmage, M.D. Toledo Executive Director Thomas A. Dilling, J.D. A WORD FROM THE PRESIDENT From the Secretary & Supervising Member ............... 2 New Medical Board Rules .......................................... 4 Prescribing for Pain ................................................... 5 Do We Know Where You Are? .................................... 6 Change of Address Form ........................................... 7 Medical Board Mission & Goals ................................. 7 Disciplinary Actions .................................................. 9 Inside YOUR REPORT Change, it is often said, is a fundamental feature of life in the modern, technological age. While some embrace, others resist, and still others merely endure the changes in their lives, it is ultimately the nature of each individual change that determines how welcome it is to be. The lives of organizations are no less prone to those vacillations than are individuals. The Board experienced again its annual rite of passage as Anant Bhati, M. D., completed in January his year as President of the Board and I assumed the Presidency. The Board and I thank him for his service. Another passage came as Charles D. Steinecker, M. D., completed his second five-year term on the Board and chose not to seek appointment to a third term. We thank him for his services to the Board. While Dr. Steinecker will be missed, we happily welcome Patricia J. Davidson, M. D., to the Board. Dr. Davidson was appointed by Governor Bob Taft and confirmed by the Senate in May. Dr. Davidson practices pediatric anesthesiology in Columbus. The State Medical Board of Ohio is well recognized nationally as a highly effective licensing organization by its peers and by citizen See PRESIDENT on page 8
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Page 1: YOUR REPORT - Ohiomed.ohio.gov/DNN/PDF/E-News-Newsletters/2002.pdf · YOUR REPORT FROM THE STATE MEDICAL BOARD OF OHIO SUMMER 2002 The State Medical Board President Pitambar Somani,

YOUR REPORTFROM THE STATE MEDICAL BOARD OF OHIO

SUMMER 2002

The State Medical Board

PresidentPitambar Somani, M.D., Ph.D.Columbus

Vice PresidentR. Gregory Browning, Ph.D.Columbus

SecretaryAnand G. Garg, M.D., Ph.D.Avon

Supervising MemberRaymond J. AlbertAmanda

Ronald C. Agresta, M.D.Steubenville

Anant R. Bhati, M.D.Cincinnati

David S. Buchan, D.P.M.Columbus

Patricia J. Davidson, M.D.Columbus

Carol Lynn Egner, M.D.Cincinnati

Anquenette SloanColumbus

Anita M. Steinbergh, D.O.Westerville

Lance Talmage, M.D.Toledo

Executive DirectorThomas A. Dilling, J.D.

A WORD FROM THE PRESIDENT

From the Secretary & Supervising Member ............... 2New Medical Board Rules .......................................... 4Prescribing for Pain ................................................... 5Do We Know Where You Are? .................................... 6Change of Address Form ........................................... 7Medical Board Mission & Goals ................................. 7Disciplinary Actions .................................................. 9

Inside YOUR REPORT

Change, it is often said, is a fundamental feature of life in themodern, technological age. While some embrace, others resist,and still others merely endure the changes in their lives, it isultimately the nature of each individual change that determineshow welcome it is to be. The lives of organizations are no lessprone to those vacillations than are individuals.

The Board experienced again its annual rite of passage as AnantBhati, M. D., completed in January his year as President of theBoard and I assumed the Presidency. The Board and I thank himfor his service.

Another passage came as Charles D. Steinecker, M. D., completedhis second five-year term on the Board and chose not to seekappointment to a third term. We thank him for his services tothe Board.

While Dr. Steinecker will be missed, we happily welcome PatriciaJ. Davidson, M. D., to the Board. Dr. Davidson was appointed byGovernor Bob Taft and confirmed by the Senate in May. Dr.Davidson practices pediatric anesthesiology in Columbus.

The State Medical Board of Ohio is well recognized nationally asa highly effective licensing organization by its peers and by citizen

See PRESIDENT on page 8

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Page 2 YOUR REPORT/Summer 2002

From the Secretary& Supervising Memberby Anand G. Garg, M.D., Ph.D., Secretaryand Raymond J. Albert, Supervising Member

The Ohio Medical Board takes about 150disciplinary actions each year, and has rankedamong the top ten medical boards in the nationfor “serious” actions taken against physiciansfor the past seven years. The organizationsthat track physician regulation define “serious”actions as those resulting in revocation,suspension or probation.

Drug and alcohol impairment is one of theprimary grounds for serious action againstphysicians and other licensees. Simply put,your misuse and abuse of drugs and alcoholcan and will cause you to lose your license.That loss may be sudden, as the result of apre-hearing suspension. It may prevent youfrom treating your patients and from earninga living for months, or even years, while youwork on getting sober. Ultimately, that lossmay be permanent, barring you forever frompracticing the profession you’ve worked so hardto attain.

In this column, we’d like to share the MedicalBoard’s philosophy about impairment.We’d also like to explain the system that nowexists under Ohio law to reconcile (1) theBoard’s regulatory duty to protect health careconsumers from incompetent and dangerouspractitioners, with (2) the reality ofimpairment.

The Medical Board embraces the diseaseconcept of impairment. That means that the

Board has recognized that chemicaldependency is a disease that may besuccessfully addressed with proper treatment,allowing those in recovery to resume theircareers subject to appropriate monitoring.Vigilant monitoring is a hedge against relapse,which is seen as one element of the disease.The Board will work with an impairedpractitioner to support his or her successfulrecovery and return to practice, provided thatthe practitioner has not engaged in acts thatresult in a criminal conviction or which mighthave an adverse impact on others.

The Medical Board being a public agency, Ohiolaw dictates that the actions taken by theBoard are matters of public record, includingthe monitoring of impaired practitioners viaprobation. Understandably, practitioners whoare abusing drugs or alcohol may be hesitantabout contacting the Medical Board forassistance in recovery because of the thoughtthat their personal affairs will be a matter ofpublic discussion. In order to encourageimpaired practitioners to seek help, the OhioGeneral Assembly created a statutory systemin 1987 that permits initial referral of animpaired practitioner for assessment,treatment and follow-up monitoring withoutthe practitioner ever having to come to theattention of the Medical Board.

This private sector route to recovery dependson recognition by the Medical Board oftreatment facilities to stand in the Board’sstead, overseeing assessment, treatment andmonitoring with the same diligence the Boardwould employ to ensure public protection.Section 4731.25, Ohio Revised Code, and Rules4731-16-07 through 4731-16-09, OhioAdministrative Code, detail the obligations oftreatment providers, as well as criteria andmechanisms for obtaining Medical Boardapproval. It is important to note thatparticipation in a program that is notadministered by a Board-approvedprovider will not afford an impaired

AAll Allall physician

All licensees and their colleagues haveoptions--and obligations--when itcomes to substance abuse.

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YOUR REPORT/Summer 2002 Page 3

practitioner the same statutoryprotections. A current list of approvedtreatment providers is available on the MedicalBoard’s website at http://www.state.oh.us/med/Formala/TREATMNT.pdf.

A practitioner who seeks assistancethrough the private sector will not bereported to the Medical Board by anapproved provider, so long as thepractitioner complies with assessment,treatment and aftercare requirements.The provider is obligated to reportthe practitioner to the Board if thepractitioner fails to comply or suffers arelapse at any time during or followingaftercare.

A report from a treatment provider is one ofseveral ways that the Medical Board might findout about an impaired practitioner. The Boardmight also hear from a patient, an employer,a co-worker, a social acquaintance, or even afamily member. And what about fellowpractitioners? Ohio law actually requires apractitioner who believes that a colleague maybe unable to practice due to impairment toreport that belief to the Medical Board. Failureto report could result in formal disciplinaryaction against the licensee who neglected toblow the whistle.

Although we’ll save an exhaustive review ofOhio’s mandatory reporting laws for a futurecolumn, there are a couple of points that areespecially pertinent to impairment: (1) Thelaw does not require a practitioner to gatherevidence to support a report of his or her beliefto the Medical Board. A simple “belief” isenough. (2) The law does not relieve apractitioner from the requirement of reportingto the Medical Board simply because he or shehas reported to someone else, such as asuperior or an impaired physicians committee.Nor will the belief that someone else hasalready reported get you off the hook. Concernfor the public’s safety must be paramount; yourreport may be the one that makes the

difference. (3) The law carves out an exceptionto the requirement if a practitioner believesthe following:

(a) The impaired practitioner has beenreferred for examination to an approvedtreatment program; and

(b) The impaired practitioner is cooperatingwith the referral for examination and anydetermination that he or she should entertreatment; and

(c) There is no reason to believe that theimpaired practitioner has violated any otherMedical Board statute or rule.

If you should find yourself in a position whereyour reporting obligations become an issue,please don’t hesitate to call the Medical Board,even anonymously, for more information orclarification. The statutes and rules governingmandatory reporting can be found in Section4731.224 of the Ohio Revised Code, andChapter 4731-15 of the Ohio AdministrativeCode, which are available through the Board’swebsite.

The bottom line is that you need to take drugand alcohol abuse seriously, because yourlicensing board most certainly does. In 2001alone, 53 of the 143 disciplinary actions takenby the Medical Board involved impairment.That ought to be a sobering figure. And howmany more physicians do you suppose avoidedbecoming part of those statistics by seekinghelp and making a commitment to recovery?There are options and resources available toyou, and to your colleagues, that can savecareers and lives. We hope you will takeadvantage of them now. You may be helpingyour colleague as well as upholding the ethicalresponsibility of protecting your patients andthe public at large.An

Anand G. Garg, M.D.Secretary

Raymond J. AlbertSupervising Member

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Page 4 YOUR REPORT/Summer 2002

New Medical Board Rules on Delegationof Phototherapy

Mirroring the Board’s previously existing rule4731-18-03 on the delegation of the applicationof light based medical devices for the treatmentof hyperbilirubinemia in neonates, the StateMedical Board of Ohio has developed new rulesregarding the delegation “to any appropriateperson” of the application of phototherapydevices for the treatment of psoriasis and othersimilar diseases of the skin. The new rulesare 4731-18-02 and 4731-18-04 of the OhioAdministrative Code.

Limited Branch Schools to HaveResponsibility for Preliminary

Education Certificates

New rule 4731-1-14 of the Administrative Codestreamlines the process of issuing PreliminaryEducation Certificates for applicants foradmission to Limited Branch schools. Underthe new rule the schools will certify the identityand preliminary education of their applicantsand forward those certifications to the Boardfor issuance of the Certificate. By allowingapplicants to postmark their applications aslate as the first day of class in their respectiveschools, the new guidelines should help schoolsand applicants meet their deadlines. The

Board will audit randomly selectedapplications to ensure compliance withcertification standards.

Podiatric Training Certificates NowRequired

Section 4731.53 of the Ohio Revised Code,which became effective on June 6, 2001,required that applicants for licensure inpodiatric medicine and surgery have completedone year of postgraduate training. New rule4731-12-07 establishes the guidelines andprocedures governing the podiatric trainingprograms and training certificates.

Pronouncement of Death Rule Updated

4731-14-01 of the Administrative Codeidentifies the persons authorized by the stateof Ohio to pronounce a person dead or to act asa competent observer, providing informationto persons so authorized. The original rule hadbeen adopted before Ohio issued trainingcertificates for postgraduate studies. Themodification of the rule eliminates oldlanguage and declares that persons holdingmedical training certificates, as well as thoseholding visiting medical faculty certificates orspecial activities certificates may pronounce aperson dead.

Delegation Rules Further Clarified

Rules in chapter 4731-23 of the AdministrativeCode, known as the Delegation Rules, wereamended to clarify several exemptions to therequirement for on-site physician supervisionwhen delegating the administration of drugs.Specifically, the rules were amended to makeclear the General Assembly’s intent to exemptcorrectional facilities and certain MR/DDfacilities.!

The Medical Board has promulgated anumber of administrative rules whichbecame effective on May 31, 2002. Someof these are summarized below. Thefull text of all the new rules can befound on the Board’s website athttp://www.state.oh.us/med/rules/recentrules.htm. Just click on the rulenumber for each rule.

New Medical Board Rules

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YOUR REPORT/Summer 2002 Page 5

• Obtain a thorough history and physical exam to determine origin of pain; screen forsubstance abuse and other forms of psychological dependence. Look for inflamed nares,perforated nasal septum, and skin tracks (often multiple, linear, occasionallyhyperpigmented lesions on arms, wrists, axillae, neck, ankles, in groin, and betweentoes.) Subcutaneous route of abuse (“popping”) often leaves larger, round and irregularscars.

• Document what you hear, see, and think; each entry should stand alone. Requestphoto or other identification and social security number, photocopy, and file in patient’srecord.

• Explain why you believe opioids are the therapy of choice, what alternatives havebeen considered, and how you plan to follow the patient over time.

• Consider consulting with a pain management expert or relevant specialist if you area primary care physician. (Ohio law requires you to have the patient evaluated by oneor more other practitioners who specialize in the treatment of the anatomic area, systemor organ of the body perceived as the source of the pain.)

• Clearly detail the prescribed treatment and obtain informed consent from your patients.

• Secure agreement from patient that you will be the sole prescriber for opioid analgesics,and patient must agree to fill opioid prescription at only one pharmacy.

• Ensure that the patient does not go to an emergency department without yourpermission unless it is a non-pain related problem.

• Determine the minimum dose necessary for the patient to perform normal, dailyactivities by occasionally asking them to decrease daily dosage by 25% to 30%, discussopenly with the patient first.

• Schedule regular appointments for patients on opioid therapy and diagnostic testsappropriate to the complaint. Document rationale to continue medication.!

The above excerpt is reprinted with the permission of the Ohio State Medical Association.

Prescribing for PainThe following excerpt from an Ohio State Medical Association article entitled “How toPrescribe for Pain” offers a quick glimpse of the “basics” for physicians who intend toprescribe for intractable pain. The full text of the article can be viewed on the OSMA’swebsite at www.osma.org.

The State Medical Board’s rules concerning management of intractable pain appear on the MedicalBoard’s website, www.state.oh.us/med/, under the heading “Information for Practitioners.” Clickon “Pain Management Issues” to learn more.

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Each issue of the Medical Board’s newsletter, Your Report, includes the abovegentle reminder to let the Medical Board know whenever you change yourhome or business address. Reporting your current addresses ensures that youwill receive license renewal materials, the newsletter and other informationrelevant to maintaining your professional credentials.

Also, it’s the law.

§4731.281 of Ohio’s Revised Code requires that an applicant for license renewal“…shall write or cause to be written upon the application so furnished theapplicant’s full name, principal practice address and residence address….” Thatmeans that your renewal application is not complete unless you haveprovided the Board with both your home and practice addresses. Thesection further states that every person registered with the State Medical Board,“…shall give written notice to the Board of any change of principal practiceaddress or residence address…within thirty days of the change.” Failure tosubmit a written address change is a violation of the law.

Apart from promoting administrative efficiency, keeping the Medical Boardapprised of your whereabouts holds a more serious significance in the wake ofSeptember 11th. The Ohio Department of Health, in cooperation with theNational Centers for Disease Control, is compiling the addresses of all physicianlicensees for the purpose of distributing emergency medical information intimes of national crisis. Your individual effort to keep your addresses up todate contributes to the success of this extensive effort.

For your convenience, a change of address form is printed on the facing page.Please return completed forms to the Medical Board:

BY MAIL: State Medical Board Of Ohio77 South High Street, 17th FloorColumbus, OH 43215-6127

BY FAX: (614) 644-1464

BY E-MAIL: [email protected]

DO WE KNOW WHERE YOU ARE?

Page 6 YOUR REPORT/Summer 2002

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YOUR REPORT/Summer 2002 Page 7

Changed your address?Please provide complete information below. This form can be mailed to the State Medical

Board of Ohio, 77 South High St., 17th Floor, Columbus, OH 43215-6127; faxed to theRecords Department at (614) 644-1464 or e-mailed to [email protected].

Full Name License Number

Residence Address (Required)

Principle Practice Address (Required)

Effective Date

STATE MEDICAL BOARD OF OHIOAGENCY MISSION & GOALS

Adopted December 13, 2001

AGENCY MISSION: To protect and enhance the health and safety of the public througheffective medical regulation.

AGENCY GOALS:

" Ensure that persons practicing medicine meet sufficient standards of education,training, competence and ethics

" Define and advocate for standards of safe medical practice

" Rehabilitate, when possible, persons who are impaired or who practice medicineunethically or below minimal standards of care, and prohibit persons who havenot been rehabilitated from practicing medicine

" Prohibit persons from practicing medicine whose violations are so egregious as toforfeit the privilege or who otherwise lack the legal authority

" Provide information about the licensees of the Medical Board, the Board’sfunctions and operations, and the laws governing the practice of medicine

" Achieve and maintain the highest possible levels of organizational efficacy

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Page 8 YOUR REPORT/Summer 2002

groups. According to statistics compiled by theFederation of State Medical Boards (FSMB)for 2001, Ohio ranked second among the largemedical licensing boards in the nation for thesecond year in a row for its disciplinaryactivity. The consumer organization PublicCitizen awarded the Ohio Medical Boardwebsite an “A” for both content and user-friendliness. Of the 51 medical board websitesreviewed, only six received “A”s in bothcategories. We encour-age you to take a lookat our website--www.state.oh.us/med/--and seefor yourself the range of information available,with more on the way.

We are very proud to report that our memberand past President, Ronald C. Agresta, M. D.,was installed as President of the Federationof State Medical Boards, the nationalorganization of all licensing boards in the USAand its territories. He, and another nativeOhioan, James Thompson, M. D.--former Deanof the Wake Forest University School ofMedicine and a graduate of The Ohio StateUniversity College of Medicine, and nowExecutive Vice President of FSMB--will leadthe organization in the coming year. We wishthem well as the nation continues to deal withthe current challenges of health care deliveryto our citizens.

Ohio Board members Anita Steinbergh, D.O.,Anant Bhati, M. D., Executive Director TomDilling and I will help support their effortsthrough our participation in important FSMBcommittees.

I am very proud also to report that ourformer Ohio Medical Board MemberRobert S. Heidt, Sr., M. D., of Cincinnatireceived the prestigious Dr. John ClarkLeadership Award at the FSMB AnnualMeeting. This recognition was given to himfor his vision in creating the first regionalgroup of (Midwestern) state licensing boards– now being emulated by other regions.

PRESIDENT (continued from page 1)A final matter I’d like to call to your attentionis your address. This issue of Your Reportincludes a full-page change of address form toassist you in notifying the Board of yourcurrent residence and principal practiceaddresses. Many people don’t realize that Ohiolaw actually requires licensees to submit bothaddresses at each renewal. Understandably,some of you are concerned that providing aresidence address, in particular, will result inthis personal information being madegenerally available through the MedicalBoard’s website. However, our website isdesigned to exclude specifics such as streetaddress and zip code, limiting residenceinformation to a city and state. By the end ofthe year, the Board anticipates upgrading to anew computer system that will allowpractitioners to specify a preferred address forMedical Board renewal materials and otherimportant mailings. In the meantime, checkyourself out on the Board’s website atwww.state.oh.us/med/ and return the form onpage 7 to be sure that we know where you are.It’s discomforting to know that many lettersmailed to you were returned undelivered to theBoard or the Ohio Department of Health. Inthe post-9/11 era, the ability of the Board andPublic Health officials to contact physicians inan emergency is essential.

One thing that has not changed is the bestquality of health care you are providing to ourcitizens, and all the Board members join mein thanking you for your dedication to bestpatient care in Ohio. Best wishes.

Pitambar Somani, MDPresident

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YOUR REPORT/Summer 2002 Page 9

STATE MEDICAL BOARD OF OHIODISCIPLINARY ACTIONS

October 2001 - May 2002

ADAS, Mohammad A. (MD #55276) – MaumeeConsent Agreement: Medical license indefinitelysuspended; interim monitoring conditions and conditionsfor reinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’sadmission that he was diagnosed with alcoholdependency and adjustment disorder with mixeddisturbance of emotions and conduct; and that he hassought treatment through a Board-approved provider.Effective 1/9/02.

AFRAM, Hany Marcos (MD #49805) – Rockford, ILBoard Order: Medical license suspended for onemonth; subsequent probationary terms, conditions, andlimitations established for at least three years. Based ondoctor’s failure to advise Ohio Medical Board on licenserenewal application that Florida’s medical board hadissued a notice of intent to deny his licensure applicationin that state due to gross or repeated negligence orfailure to practice within acceptable standards of care.Order mailed 11/20/01; Order effective 11/20/01.

ALDRETE, Jorge Antonio (MD #28690) – Santa RosaBeach, FLConsent Agreement: Application for restoration of Ohiomedical license granted, subject to suspension for ninetydays and subsequent probation for at least two years.Based on doctor’s failure to provide complete & accurateinformation about complaints filed against him with andinvestigations by medical boards in Alabama andFlorida; malpractice actions with which he was involved;& his resignation from the position of chairman of theDept. of Anesthesiology at Cook County (Illinois)Hospital. Agreement effective 11/8/01; suspensioneffective 11/8/01 through 2/5/02.

BALDWIN, Mark Denison (DO #5880) – ColumbusConsent Agreement: Doctor reprimanded for failing toprovide complete and accurate information on licenserenewal application concerning alcohol relapse. Medicallicense suspended for at least 90 days; interimmonitoring conditions and conditions for reinstatementestablished, including requirement that doctor enter intosubsequent consent agreement incorporatingprobationary terms, conditions and limitations to monitorpractice. Based on doctor’s admissions that he relapsedon alcohol from 10/00 to 1/01, that he has not soughttreatment for alcohol dependence since relapse, and

that he did not report relapse until 4/5/02. Agreementeffective 4/10/02; suspension effective 5/10/02.

BELMONTE, Rogel (MD #36804) – FairbornBoard Order: Medical license permanently revokedbased on doctor’s violation of conditions of limitationimposed on his license by 12/6/89 Board Order due tohis having (1) prescribed medications for himself and afamily member using prescription forms he had printedbearing the name of another physician and signing thatname himself; (2) submitted false quarterly declarationsattesting to his compliance with probationaryrequirements; and (3) failed to advise Medical Board onlicense renewal application that he had plead guilty totheft, a fourth degree felony, the acts underlying whichinvolved his deposit of a check from an account forwhich he had insufficient funds; and (4) having beenfound guilty of six felony counts of Deception to Obtain aDangerous Drug. Order mailed 1/10/02; Order effective1/10/02.

BRUNSMAN, Michael John (MD #50938) – Cottonwood, AZVoluntary Surrender: Doctor’s permanent surrender ofmedical license accepted by Board in lieu of furtherformal disciplinary proceedings based on prior actionagainst doctor’s Arizona medical license followingfindings by the Arizona Board that doctor prescribed aprescription-only medication via an internet website inthe absence of a prior physician-patient relationship,without conducting a physical exam and withoutattempting to contact the patient’s primary carephysician. Effective 3/27/02.

BURRELL, Joel Brion (MD #62328) – ElyriaBoard Order: Medical license revoked based onviolation of conditions of limitation imposed on license by5/13/98 Board Order due to failure to comply withspecified terms of probation. Order mailed 1/24/02;Order effective 1/24/02.

BYKOV, Victor (MD #68421) – BeachwoodConsent Agreement: Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmitted history of alcohol abuse/dependence andrelapse, for which he has sought treatment and aftercarethrough a Board-approved provider. Effective 2/13/02.

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Page 10 YOUR REPORT/Summer 2002

CALLION, Raleigh Shipp (MD #49458) – ColumbusConsent Agreement: Medical license suspended for atleast 90 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of chemical dependency and relapse, for whichhe has sought treatment through a Board-approvedprovider. Effective 4/10/02.

CAMPA, John A., III (MD #58140) – Nashville, TNBoard Order: Medical license permanently revokedbased on doctor having been found guilty of 77 felonycounts of Mail Fraud, Health Care Fraud and FalseStatements Relating to Health Care Matters. Ordermailed 2/15/02; Order effective 2/15/02.

CHEEK, John Arthur (MD #47871) – ColumbusConsent Agreement: Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of chemical dependency and relapse, for whichhe has sought treatment through a Board-approvedprovider; and his admission that he failed to reveal onhis license renewal application that he was addicted toor dependent on alcohol and/or chemical substances,and/or had been treated for, or been diagnosed assuffering from, alcohol dependency. Effective 3/14/02.

COUTTS, Michael Ernest (MT #7205) – DelawarePre-Hearing Suspension: Pursuant to Section3719.121(C), O.R.C., massage therapy licenseimmediately suspended based on massage therapisthaving been found guilty of one felony count ofAggravated Possession of Drugs. Notice mailed2/14/02; suspension effective upon service of notice onmassage therapist on 2/19/02. Board Order: Massagetherapy license permanently revoked based on massagetherapist having been found guilty of one felony count ofAggravated Possession of Drugs. (Journal Entry – nohearing requested) Order mailed 4/11/02; Ordereffective 4/11/02.

CURTIS, Boyd D. (MD #59531) – ColumbusConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care provided that treatment and monitoringrequirements are in place. Agreement effective 3/14/02;agreement to remain in effect for at least five years priorto any request for termination.

DE LA FLOR, Richard Roberto (MD #47505) – ToledoBoard Order: In addition to conditions established by

8/9/00 Board Order, doctor required to complete coursesin professional ethics and controlled substanceprescribing prior to being eligible for reinstatement.Based on doctor’s plea of guilty in U.S. District Court toUnlawful Distribution of a Controlled Substance, the actsunderlying which involved his knowingly and intentionallydistributing 12,468 tablets of Dilaudid, a Schedule IIcontrolled substance, by writing prescriptions to fourpatients with the understanding that some or all of theDilaudid would be returned to the doctor for his own use.Order mailed 3/26/02; Order effective 3/26/02 (runsconcurrently with 8/9/00 Board Order).

DOUGHERTY, David Andrew (DO #6330) – AkronBoard Order: Permanent revocation of medical licensestayed, subject to indefinite suspension for at leasteighteen months; conditions for reinstatement andsubsequent probationary terms, conditions, andlimitations for at least five years established. Based onviolation of conditions of limitation imposed on license by5/9/01 consent agreement, and impairment of ability topractice according to acceptable and prevailingstandards of care due to relapse. Order mailed 4/19/02;Order effective 4/19/02.

EL-BADEWI, Mounir Basheer (MD #71112) – CantonBoard Order: Medical license suspended for thirtydays; subsequent probationary terms, conditions, andlimitations established for at least one year. Based ondoctor having been found guilty of one misdemeanorcount of Soliciting, the acts underlying which involved hissolicitation of a female undercover police officer toengage in sexual activity for hire. Order mailed10/12/01; Order effective 11/12/01. Court Action:Notice of appeal of Board’s 10/10/01 suspension Orderfiled by doctor with Franklin County Court of CommonPleas on 10/29/01. By Decision and Entry filed 11/8/01,Franklin County Court of Common Pleas granteddoctor’s motion for a stay of Board’s suspension Orderduring the pendency of his appeal.

FELTER, Christian Tilen (MD training certificate #3026) –ToledoConsent Agreement: Medical training certificateindefinitely suspended; interim monitoring conditionsand conditions for renewal/reissuance of certificateestablished, including requirement that doctor enter intosubsequent consent agreement incorporatingprobationary terms, conditions and limitations to monitorpractice. Based on doctor’s admission that he has beendiagnosed with opioid dependency and cocaine abuse,for which he has sought treatment through a Board-approved provider. Effective 2/13/02.

FERRER, Bonifacio H. (MD #30402) – ClevelandBoard Order: Medical license permanently revokedbased on doctor having been found guilty of one felonycount of Conspiracy and one felony count of Conspiracy

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to Commit Fraud and Solicit Kickbacks. Order mailed5/10/02; Order effective 5/10/02.

FISHER, Stephen Neal (MD #61192) – Pittsburgh, PABoard Order: Medical license revoked based on doctorhaving been found guilty in Pennsylvania of nine felonycounts of Illegal Prescription and three felony counts ofProvider Prohibited Acts; exclusion from participation inMedicare, Medicaid and all federal health care programsfor at least five years based on those criminalconvictions; and prior action against doctor’s licenses inNew York and Pennsylvania based on those criminalconvictions. Order mailed 3/26/02; Order effective3/26/02.

FRIEDMAN, Rory Jaye (DPM #2616) – Long Beach, CABoard Order: Medical license suspended for threemonths; subsequent probationary terms, conditions, andlimitations established for at least two years. Based onprior action against doctor’s license by California’spodiatric medical board following doctor’s admission tounprofessional conduct in his care and treatment of apatient. Order mailed 11/6/01; Order effective 11/6/01.

GEORGE, Walter Lloyd, Jr. (MD #43159) – BeachwoodConsent Agreement: Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmitted history of chemical dependency and relapse,for which he has sought treatment through a Board-approved provider; and his admission that he obtainedDarvon and Hycodan cough medicine for his own use bydeception and illegal processing of drug documents.Effective 3/14/02.

GERACI, Thomas L. (DPM #2265) – HilliardPre-hearing Suspension: License summarilysuspended effective 4/11/02 based on Board’sdetermination that there is clear and convincingevidence that doctor violated conditions of limitationimposed on his license by 3/98 consent agreement, andthat he is unable to practice according to acceptableand prevailing standards of care due to relapse onheroin; and determination that doctor’s continuedpractice presents a danger of immediate and seriousharm to the public. Notice mailed 4/11/02; suspensioneffective upon service of notice on doctor on 4/15/02.

GIPE, Dannie K., Jr. (MD applicant) – Lakewood Board Order: Application for medical licensurepermanently denied based on applicant’s plea of guiltyto one felony count of Attempted Drug Possession, theacts underlying which included the discovery by police of115 tablets of ecstasy in his apartment that he hadpreviously purchased for $2,600; and applicant’s failure

to provide complete and accurate information inresponse to questions on licensure application about hispast drug use and psychiatric diagnoses or treatment.Order mailed 2/15/02; Order effective 2/15/02. CourtAction: Notice of appeal of Board’s 2/13/02 Orderdenying licensure filed by doctor with Franklin CountyCourt of Common Pleas on or about 2/28/02.

GOODEN, Timothy Alwyn (MD #48868) – MentorConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care provided that treatment and monitoringrequirements are in place. Agreement effective 2/13/02;agreement to remain in effect for at least five years priorto any request for termination.

GOVE, Jon Duane (MD #30110) – Grants Pass, ORBoard Order: Medical license suspended for thirtydays; subsequent probationary terms, conditions, andlimitations established for at least three years. Based onprior action against doctor’s Oregon license by thatstate’s medical board wherein doctor agreed tovoluntarily limit practice to restrict him from readingcerebral MRIs and CTs of the temporal bone;subsequent letter of reprimand issued by Californiamedical board based on Oregon’s voluntary limitationorder; and doctor’s failure to advise Ohio medical boardon license renewal application of Oregon action. Ordermailed 11/20/01; Order effective 11/20/01. VoluntarySurrender: Permanent surrender of medical licenseaccepted by Board on 1/7/02, in resolution ofrequirements of 11/7/01 Board Order. Doctor ineligiblefor Ohio licensure in the future.

GOVIER, Ann Verlene (MD #51156) – ToledoConsent Agreement: Probationary terms andconditions imposed based on history of alcoholdependence and relapse, for which doctor has receivedtreatment and continued monitoring; and prior actionagainst doctor’s medical license by the Indiana medicalboard in 1999 based upon impairment and doctor’s 2001agreement with Washington medical board based uponthe Indiana action. Agreement effective 1/17/02;agreement to remain in effect for at least four years priorto any request for termination.

GRAY, James Harold, Jr. (DO #3806) – AntwerpBoard Order: Permanent revocation of medical licensestayed, subject to suspension for 15 days; subsequentprobationary terms, conditions and limitations for at leastthree years established. Based on doctor havingpermitted a physician assistant employed by him topractice beyond the parameters of utilization plans and/or state rules and regulations regarding physicianassistants; and making false statements to hospitalpersonnel. Order mailed 3/26/02; Order eff. 4/26/02.

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HANES, David Corey (DO training certificate #532) –ToledoConsent Agreement: Medical training certificaterenewed, subject to probationary terms, conditions andlimitations to monitor practice based on doctor havingbeen deemed capable of practicing according toacceptable and prevailing standards of care providedthat treatment and monitoring requirements are in place.Agreement effective 10/10/01; agreement to remain ineffect for at least five years prior to any request fortermination.

HIGHBERGER, W. Andrew (MD #56976) – MarysvilleConsent Agreement: Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on impairmentof ability to practice according to acceptable andprevailing standards of care due to chemicaldependency relapse. Effective 12/12/01.

HIRSCH, Norman Isak (DO #2533) - Crescent Springs, KYConsent Agreement: Medical license suspended fortwo years; interim conditions and subsequentprobationary terms, conditions and limitationsestablished for at least five years. Based on doctor’sadmission that he voluntarily disclosed to the U.S.Department of Justice that he had violated the FalseClaims Act by submitting claims for reimbursement forpsychiatric-related services using a higher billing codethan was appropriate and by submitting claims forreimbursement for services that were not actuallyperformed; and doctor’s plea of guilty to one felonycount of False Statements Relating to Health CareMatters. Effective 6/1/02.

HUNTER, Thomas A. (PA #1417) – New Haven, INBoard Order: Physician assistant’s certificate ofregistration suspended for 15 days; subsequentprobationary terms, conditions and limitations for at leastthree years established. Based on physician assistant’sfailure to practice in accordance with provisions ofapproved utilization plan and/or state rules andregulations regarding physician assistants. Order mailed3/26/02; Order effective 4/26/02.

ISKANDER, Hany Maurice (MD #74030) – Huntington, WVBoard Order: Medical license suspended for at leastthirty days; conditions for reinstatement and subsequentprobationary terms, conditions, and limitations for atleast five years established. Based on prior actionagainst doctor’s Virginia license by that state’s medicalboard following its findings that doctor exhibitedunprofessional conduct with respect to two femalepatients and a female employee by violating professionalethical standards and engaging in conduct of a sexual

nature that a reasonable patient would consider lewdand offensive; and on doctor’s failure to advise OhioMedical Board on license renewal application that hewas under investigation by the Virginia Department ofHealth Professions. Order mailed 12/13/01; Ordereffective 12/13/01.

ISRAELSTAM, David M. (MD #26811) – Madison, WIBoard Order: Doctor reprimanded based on prior actionagainst his Wisconsin license by that state’s medicalboard for unprofessional conduct due to his havingengaged in conduct that tended to constitute a danger toa patient. Order mailed 11/6/01; Order effective 11/6/01.

JIRKA, Gerard (PA applicant) – Avon LakeBoard Order: Application for registration as a physicianassistant denied and conditions for future applicationrecommended based on impairment of ability to practiceaccording to acceptable prevailing standards of care dueto history of opioid dependence and “alcohol abuse vs.Dependence,” as diagnosed pursuant to board-orderedevaluation. Order mailed 4/11/02; Order effective4/11/02.

JOSEY, Willie Leroy (MD #55467) – PortsmouthBoard Order: Permanent revocation of medical licensestayed, subject to indefinite suspension for at least oneyear; interim monitoring conditions, conditions forreinstatement and subsequent probationary terms,conditions and limitations for at least ten yearsestablished. Based on impairment of ability to practiceaccording to acceptable and prevailing standards of caredue to chemical dependency relapse. Order mailed3/15/02; Order effective 3/15/02. Court Action: Noticeof appeal of Board’s 3/13/02 suspension Order filed bydoctor with Franklin County Court of Common Pleas onor about 3/20/02. By Entry filed 3/22/02, Court ofCommon Pleas temporarily granted doctor’s motion for astay of Board’s order pending filing of statements bycounsel for both parties.

JUTTE, Donald Lee (MD #50686) – CincinnatiBoard Order: Medical license indefinitely suspended;conditions for reinstatement established. Order enteredfollowing finding by medical board that doctor’s failure tocomply with Board-ordered evaluation constituted anadmission to allegations that he was unable to practiceaccording to acceptable and prevailing standards of caredue to habitual or excessive use or abuse of drugs,alcohol, or other substances that impair ability topractice. (Journal Entry) Order mailed 2/14/02; Ordereffective 2/14/02.

KELNER, Paul Evan (MD #61460) – MarionConsent Agreement: Permanent revocation of medicallicense stayed, subject to suspension for at least 18months; interim monitoring conditions and conditions forreinstatement established, including requirement that

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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doctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’sadmitted history of chemical dependency and relapse,for which he has sought treatment though a Board-approved provider; and his admission that he obtainedcontrolled substances for his own use by deception andillegal processing of drug documents. Effective 3/14/02.

KENNEN, James Michael (DO #4546) – ClevelandConsent Agreement: Medical license suspended for atleast six months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he has been diagnosed with and treatedfor alcohol dependency, anxiety disorder anddepression; and that he failed to provide complete andaccurate information on license renewal applicationregarding his alcohol dependency and treatment.Agreement effective 10/10/01.

KESSLER, Michael W. (MD #42553) – ColumbusConsent Agreement: Medical license reinstatedeffective 3/1/02, subject to probationary terms,conditions and limitations based on doctor having beendeemed capable of practicing according to acceptableand prevailing standards of care provided that treatmentand monitoring requirements are in place. Agreementeffective 2/13/02; agreement to remain in effect for atleast five years prior to any request for termination.

KHOSLA, Siddarth M. (MD#80485) – St. Louis, MOConsent Agreement: Application for medical licensegranted, subject to probationary terms, conditions andlimitations to monitor practice. Based on doctor’s historyof major depression, alcohol abuse and benzodiazepineabuse, all in remission; prior action by Massachusetts’medical board due to impairment of ability to practice;and assessment by doctor’s treating psychiatrist that heis capable of practicing according to acceptable andprevailing standards of care. Agreement eff. 12/14/01;agreement to remain in effect for a minimum of threeyears prior to any request for termination.

KLEINER, Laurence Irwin (MD #80822) – DaytonConsent Agreement: Medical license granted subjectto probationary terms, conditions and limitations basedon doctor’s admission that he has been diagnosed withand treated for History of an Adjustment Disorder andPersonality Disorder NOS. Agreement effective 3/14/02;agreement to remain in effect for at least five years priorto any request for termination.

LAWRENCE-BERREY, Robert Edmond (MD #34598) –Parkersburg, WVVoluntary Retirement: Voluntary retirement of medical

license accepted by Board in lieu of formal proceedingsbased on 9/12/01 notice of opportunity for hearing.Effective 11/29/01.

MALONEY, Richard Weaver (MD #61220) – Naples, FLInterim Agreement: Pursuant to interim agreementeffective 12/18/01, doctor agreed not to practicemedicine in the state of Ohio until 9/12/01 allegationshave been fully resolved; and Board agreed not tooppose continuance of hearing until matters contained inpending Florida action are finalized and delivered toOhio Board for possible citation. Voluntary Surrender:Doctor’s permanent voluntary surrender accepted byBoard in lieu of further formal proceedings on allegationsissued on 9/12/01, and in lieu of issuance by Board ofadditional allegations following entry of a Final Order byFlorida’s medical board resulting from doctor’splacement of an ad for “scarless” facelifts that FloridaBoard found to be false, deceptive or misleading.Voluntary surrender based on (1) doctor’s admission toprior action against his Florida license in resolution of anadministrative complaint alleging that he permitted anurse to sign prescriptions for controlled substances orgave permission for her to sign and initial his name; and(2) Ohio board’s agreement to dismiss 9/12/01 allegationthat doctor failed to provide complete and accurateinformation on license renewal application aboutinvestigation by Florida’s medical board. Doctorineligible for reinstatement or issuance of any othercertificate by the Ohio Board in the future. Eff. 4/23/02.

MARSH, Lonnie II (MD #38543) – ClevelandBoard Order: Medical license permanently revokedbased on doctor’s plea of guilty to five felony counts,including Medicaid Fraud, Forgery and Illegal Processingof Drug Documents. Order mailed 2/15/02; Ordereffective 2/15/02. Court Action: Notice of appeal ofBoard’s 2/13/02 permanent revocation Order filed bydoctor with Franklin County Court of Common Pleas onor about 2/21/02. Court Action: By Decision and Entryfiled 4/23/02, Franklin County Court of Common Pleasdenied doctor’s motion for a stay of Board’s 2/13/02permanent revocation Order.

MCINTOSH, Michael Stephen (MD #49922) -Parkersburg, WVConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care. Agreement effective 5/8/02;agreement to remain in effect for at least five years priorto any request for termination.

MCLAUGHLIN, Rosemary W. (MD #25953) – DublinBoard Order: Medical license suspended for at leastthirty days; interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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conditions, and limitations for at least three yearsestablished. Based on doctor’s failure to comply withthe conditions of limitation imposed on license byJanuary 1997 consent agreement. Order mailed10/12/01; Order effective 10/12/01.

MCNAMEE, Brian F. (MD #35216) – LorainConsent Agreement: Medical license suspended for atleast 90 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmission that he failed to complete recommendedtreatment following diagnoses of alcohol dependenceand polysubstance abuse; and that, following a medicalBoard-ordered examination, he was diagnosed withchemical dependence and major depressive disorder, forwhich he has sought treatment through a Board-approved provider. Effective 4/10/02.

MONNETT, Ralph Bernard Jr. (MD #44924) – Sebastian, FLBoard Order: Doctor reprimanded based on prior actionagainst his Florida license by Florida medical board inresolution of allegations that he engaged in false,deceptive or misleading advertising and failed to performany statutory or legal obligation placed upon a licensedphysician. Order mailed 1/24/02; Order eff. 1/24/02.

MUNTZING, Maynard Glenn, II (MD #6509) – DaytonVoluntary Surrender: Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings based on doctor’ s plea of guilty to felonycharges of Contaminating a Substance for HumanConsumption and Attempted Felonious Assault.Surrender was pursuant to plea and sentencingagreement in Montgomery County, Ohio, Common PleasCourt wherein doctor further agreed not to apply forlicensure to practice medicine or other healing arts inany state and to permanently surrender any licenses topractice medicine he may hold in any other state.Effective 10/2/01.

NEKROSIUS, W. Scott (MD #42576) – DaytonConsent Agreement: Medical license indefinitelysuspended; conditions for reinstatement established,including requirement that doctor enter into subsequentconsent agreement incorporating probationary terms,conditions and limitations to monitor practice. Based ondoctor’s improper prescribing of controlled substancesand failure to conform to minimal standards of care inthe course of treatment of 14 specified psychiatricpatients; and his violation of Medical Board rulespertaining to controlled substances. Agreement effective3/14/02; suspension effective 3/23/02.

NOVAK, Steven Aaron (DPM #2172) – EuclidVoluntary Surrender: Permanent revocation of podiatry

license authorized by doctor due to his permanentdisability and in lieu of further formal disciplinaryproceedings based on doctor having been found guilty offelony counts of Mail Fraud, Receiving Medicare &Medicaid Kickbacks, Soliciting & Receiving HealthKickbacks, and Offering to Pay & Paying Kickbacks.Effective 3/11/02.

O’BRIEN, Michael J. (DO #6651) – SteubenvillePre-hearing Suspension: Pursuant to Section4731.121(C), O.R.C., medical license immediatelysuspended based on doctor’s plea of guilty to felony andmisdemeanor counts including Theft of a DangerousDrug and Possession of Dangerous Drugs, for which hewas found eligible for intervention in lieu of conviction.Notice mailed 4/11/02; suspension effective upon serviceof notice on doctor 4/15/02.

OTT, Mary Anne (MT applicant) – MansfieldBoard Order: Application for massage therapycertificate permanently denied based on impairment ofability to practice according to acceptable & prevailingstandards of care because of habitual or excessive useor abuse of drugs, alcohol, or other substances thatimpair ability to practice. (Journal Entry—no hearingrequested) Order mailed 12/13/01; Order eff. 12/13/01.

PAPIN, Thomas Allen (MD #52126) – FindlayConsent Agreement: Doctor reprimanded based on hisadmission that he unintentionally engaged in theunauthorized practice of medicine in Ohio after hislicense had lapsed for failure to renew. Eff. 3/14/02.

PAWLYSZYN, Demetrius (MD #26288) - ClevelandVoluntary Retirement: Doctor’s permanent voluntaryretirement accepted by Board; doctor ineligible forreinstatement or issuance of any other certificate in thefuture. Accepted on behalf of Medical Board on 5/7/02.(NOTE: Doctor’s license lapsed for failure to renew on4/1/02.)

PETERSEN, Rick Randall (DO #6613) – LoganConsent Agreement: Medical license suspended for atleast 90 days; conditions for reinstatement andsubsequent probationary terms, conditions andlimitations for at least three years established. Based ondoctor’s admission that he violated Medical Board rulesby prescribing controlled substances to a family memberin non-emergency situations and failing to maintain arecord of such prescribing reflecting examination,evaluation and treatment; and his contention that heceased prescribing for the specified patient prior to 1/00and that the patient was suffering from severe abdominalpain and was not receiving satisfactory treatment fromher own physician. Agreement effective 11/7/01.

PIERCE, Charles H. (MD applicant) – CincinnatiBoard Order: Application for medical licensure grantedsubject to doctor passing the SPEX examination

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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following board’s determination that no further actionwas necessary pursuant to prior action taken againstdoctor’s Vermont license in 1989 due to doctor’sadmission that he engaged in sexual relations with twowomen who were his patients, actions that constitutedunprofessional conduct; and prior action taken againstdoctor’s Minnesota license in 1993 based on Vermontaction. Ohio Board found that the prior Vermont andMinnesota actions were remote and that doctor hadcompleted interim remedial measures. Order mailed12/13/01; Order effective 12/13/01.

POJE, Joanne (MD #78117) - SidneyConsent Agreement: Medical license suspended for atleast 120 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmissions that she has been diagnosed with andtreated for bipolar disorder, type II; that she issued aprescription for OxyContin, a Schedule II controlledsubstance, to her receptionist, although the medicationwas intended for her own use to treat back pain; and thatshe failed to advise the Ohio Board about her bipolardisorder on her licensure application. Effective 5/8/02.

PORTALES, Arturo (DO #5032) – Fountain Hill, AZBoard Order: Medical license suspended for anindefinite period of time; conditions for reinstatementestablished, including requirement that doctor enter intosubsequent probationary consent agreement includingany requirements deemed necessary to ensure doctor’scompliance with laws governing practice of telemedicine.Based on prior action against doctor’s Arizona license bythat state’s medical board following its opening of aninvestigation into an allegation that he may haveinappropriately been prescribing medication andcontrolled substances via the internet without conductinga physical exam of the patient, maintaining adequatemedical records, or establishing an appropriatephysician-patient relationship. Order mailed 3/5/02;Order effective 3/5/02.

RANIERI, Thomas Anthony (MD #61039) - Scranton, PAConsent Agreement: Medical license suspended for atleast 120 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of addiction to alcohol, steroids, benzodiazepinesand hydrocodone, for which he received treatmentthrough a Board-approved provider; his admission thathe obtained controlled substances for his own use byself-prescribing or prescribing in the name of his wife;and prior action against doctor’s Pennsylvania and NewYork medical licenses based on his impairment andrelated conduct. Effective 5/8/02.

REEVES, Robert S. Jr. (MD #50586) - BellevueConsent Agreement: Medical license suspended for atleast nine months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of chemical dependency and relapse, for whichhe has sought treatment through a Board-approvedprovider; and violation of conditions of limitationsimposed on license by 1/12/00 consent agreement.Effective 5/8/02.

ROTHSTEIN, Lawrence Brian (MD #57342) –WestervilleConsent Agreement: Medical license to remainsuspended until 4/1/02; interim monitoring conditionsand subsequent probationary terms, conditions andlimitations for at least five years established. Based ondoctor having been deemed capable of practicingaccording to acceptable and prevailing standards ofcare, provided that certain treatment and monitoringrequirements are in place. Agreement effective 2/13/02;reinstatement effective 4/1/02.

SAIKIA, Satyaki (MD #76953) – ClevelandPre-Hearing Suspension: Pursuant to Section4731.22(I), O.R.C., medical license automaticallysuspended as of 8/29/01 based on doctor having pleadno contest to and having been found guilty of two felonycounts of Sexual Assault. Notice mailed 11/8/01.Board Order: Medical license permanently revokedbased on doctor having been found guilty of two felonycounts of Sexual Assault and prior action by Wisconsinmedical board related to that guilty finding. (JournalEntry – no hearing requested) Order mailed 2/14/02;Order effective 2/14/02.

SCHEIDLER, Joseph S. (DO #4803) –HamiltonConsent Agreement: Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’sadmissions that he has sought treatment for substanceabuse; that he obtained Vicodin for his own use bywriting prescriptions in the names of patients and/orfamily members; and that he has requested treatment inlieu of conviction of 14 pending felony charges, includingDeception to Obtain a Dangerous Drug and Possessionof Drugs. Effective 2/13/02.

SCHULTE, Gregory Todd (MD #63923) – ColumbusConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care provided that treatment and monitoring

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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requirements are in place. Agreement eff. 12/14/01;agreement to remain in effect for at least five years priorto any request for termination. Consent Agreement:December 2001 Step II consent agreement modified tolessen specified drug-associated restrictions followingBoard’s receipt of opinions from Board-approvedphysician evaluators that they find no psychiatric oraddictive contraindication to doctor engaging in thepractice of anesthesia. All other provisions of 12/01consent agreement remain in effect. Addendumeffective 2/13/02.

SPERL, Michael G. (MD #46234) – Southfield, MIBoard Order: Doctor reprimanded based on prior actionagainst his Michigan medical license following findingsby Michigan’s medical board that his conduct constitutednegligence in the course of practice. Order mailed5/10/02; Order effective 5/10/02.

STANEK, Michael James (DO #4882) - ColumbusConsent Agreement: Medical license suspended for atleast 90 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of chemical dependency and relapse, for whichhe has sought treatment through a Board-approvedprovider. Effective 5/8/02.

STEPHENSON, Jeffrey Scott (DO #5693) – South PointConsent Agreement: Medical license indefinitelysuspended; interim monitoring conditions and conditionsfor reinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’sadmissions that he has been diagnosed with opiatedependence and deemed to be currently impaired, forwhich he has sought treatment through a Board-approved provider. Effective 3/14/02.

STONE, Susan M. aka FESUS, Susan M. (MD #48304)– DaytonBoard Order: Medical license permanently revokedbased on impairment of ability to practice, andcommission of an act constituting a felony (Theft) due todoctor having taken patches containing Duragesic, aschedule II controlled substance, from hospice patientsfor her own use. Order mailed 2/15/02; Order effective2/15/02.

STURMI, James Edward (MD #60676) – ColumbusConsent Agreement: Medical license suspended for atleast 180 days; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditions

and limitations to monitor practice. Based on history ofchemical abuse/dependency and relapse, for whichdoctor has sought treatment through a Board-approvedprovider; and his admission that he failed to advisemedical board on license renewal application that hehad been diagnosed and treated for alcohol abuse/dependency. Effective 1/9/02.

SUMMERS, Robert Rowan (DO #6606) – FindlayConsent Agreement: Medical license suspended for atleast one year; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditionsand limitations to monitor practice. Based on doctor’shistory of chemical dependency and relapse, for whichhe has sought treatment through a Board-approvedprovider; and his admissions that he issued prescriptionsin his name and in the name of another physician for hiswife, although the medication was intended for his ownuse, and that he failed to reveal on his license renewalapplication that he was addicted to or dependent onalcohol and/or chemical substances. Effective 3/14/02.

SVEDA, Stephen J. (MD #29305) – ZanesvillePre-Hearing Suspension: Pursuant to Section4731.22(G), O.R.C., medical license summarilysuspended pursuant to Board’s determination that thereis clear and convincing evidence that doctor violatedconditions of limitation imposed on his license by 11/00consent agreement and that his ability to practice isimpaired due to habitual or excessive use or abuse ofdrugs or alcohol; and board determination that doctor’scontinued practice presents a danger of immediate andserious harm to the public. Notice mailed 2/14/02;suspension effective upon service of notice on doctor viahand delivery on 2/15/02. Board Order: Medicallicense permanently revoked based on violation ofconditions of limitation imposed on license by 11/00consent agreement due to positive drug screens; andimpairment of ability to practice according to acceptableand prevailing standards of care due to chemicaldependency. Order mailed 2/27/02; Order eff. 2/27/02.Court Action: Notice of appeal of Board’s 2/13/02permanent revocation Order filed by doctor with FranklinCounty Court of Common Pleas on or about 3/13/02.Notice refiled on 4/17/02 following personal service ofBoard’s Final Order and notice of appeal rights ondoctor. Court Action: By Dismissal Entry filed 4/12/02,Franklin County Court of Common Pleas granteddoctor’s “Notice to Withdraw Appeal.”

TARESHAWTY, Eugene Frank Jr. (MD #58757) - PolandConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care provided that treatment and monitoringrequirements are in place. Agreement effective 5/8/02;

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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agreement to remain in effect for at least five years priorto any request for termination.

THOMPSON, Edwin George (DPM #2543) – ClevelandVoluntary Surrender: Permanent revocation of podiatrylicense authorized by doctor in lieu of formal disciplinaryproceedings resulting from his pleas of guilty to fourfelony counts of Trafficking in Drugs and one felonycount of Medicaid Fraud. Effective 10/25/01.

TOMCZAK, Robert Louis (DPM #1889) - ColumbusPre-hearing Suspension: Pursuant to Section4731.22(G), O.R.C., medical license summarilysuspended based on Board’s determination that there isclear and convincing evidence that doctor’s ability topractice according to acceptable and prevailingstandards of care is impaired due to alcoholdependence; and that doctor’s continued practicepresents a danger of immediate and serious harm to thepublic. Notice mailed 5/9/02.

TRUMBO, John Rolla (MD #50813) – Mountain HomeAFB, IDConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on doctor having been deemed capable ofpracticing according to acceptable and prevailingstandards of care provided that treatment and monitoringrequirements are in place. Agreement effective 1/9/02;agreement to remain in effect for at least five years priorto any request for termination.

URBAN, Edward John (DO #3523) – Chagrin FallsBoard Order: Medical license permanently revokedbased on doctor having been found guilty of two felonycounts of Tampering With Evidence for alteringsubpoenaed patient medical records; and two felonycounts and one misdemeanor count of Medicaid Fraudbased upon false and misleading statements made inbilling Medicaid for services that were not medicallynecessary and for family planning services. Ordermailed 12/13/01; Order effective 12/13/01.

VAVILIKOLANU, Seshagiri Rao (MD #78775) –Hillsdale, NYVoluntary Surrender: Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings based on prior action by New York’smedical board following doctor’s admission that he wasfound guilty of Conducting and Participating in the Affairsof a Racketeering Enterprise, a felony. Eff. 12/17/01.

VJECHA, Michael Joseph (MD #49553) – ClevelandConsent Agreement: Medical license suspended for atleast six months; interim monitoring conditions andconditions for reinstatement established, includingrequirement that doctor enter into subsequent consentagreement incorporating probationary terms, conditions

and limitations to monitor practice. Based on history ofchemical dependency and psychiatric diagnoses.Effective 12/14/01. (NOTE: license was suspended byoperation of law due to non-renewal on 10/1/01.)

WAGMAN, Philip Gary (MD #74129) – ColumbusBoard Order: Permanent revocation of medical licensestayed, subject to indefinite suspension for at least sixmonths; interim monitoring conditions, conditions forreinstatement, and subsequent probationary terms,conditions, and limitations for at least five yearsestablished. Based on violation of conditions oflimitation imposed on license by 4/01 consentagreement due to positive screen for alcohol andadmission to self-treatment with antihypertensives andnitroglycerin agents. Order mailed 2/15/02; Ordereffective 2/15/02.

WARD, Jimmie Steve (PA #1618) – CopleyBoard Order: Physician assistant’s certificate ofregistration revoked based on violation of conditions oflimitation imposed on physician assistant’s certificate ofregistration by 4/01 Board Order due to his failure toprovide a copy of that Order to his medical trainingprogram. Order mailed 2/27/02; Order effective 2/27/02.

WESTERFIELD, Samuel Zazachilds III (MD #73566) -LancasterConsent Agreement: Medical license reinstatedsubject to probationary terms, conditions and limitationsbased on findings by Board-approved evaluators thatdoctor was not chemically dependent and that he iscapable of practicing according to acceptable andprevailing standards of care, provided that conditions forpsychiatric follow up and medication management are inplace. Agreement effective 5/8/02; agreement to remainin effect for at least five years prior to any request fortermination.

WESTERHEIDE, Robert Lee (MD #24720) – Mt. VernonVoluntary Surrender: Permanent revocation of medicallicense authorized by doctor in lieu of formal disciplinaryproceedings pursuant to Section 4731.22(B)(6), O.R.C.,which authorizes the Board to initiate action based on analleged failure to conform to minimal standards of care.Effective 12/31/01.

WIGGINS, Stacey Edwin (LMT #4928) – ColumbusBoard Order: Massage license indefinitely suspendedfor at least six months; conditions for reinstatement andsubsequent probationary terms, conditions, andlimitations for at least five years established. Based onmassage therapist’s plea of guilty to one misdemeanorcount of Practice of Chiropractic Without a License, theacts underlying which involved his performance of achiropractic procedure while employed at a salon as apart-time massage therapist. Order mailed 11/6/01;Order effective 11/6/01.

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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Page 18 YOUR REPORT/Summer 2002

WILLIAMS, Shelton Jr. (MT #11327) - CincinnatiConsent Agreement: Application for certificate topractice massage therapy granted, subject to reprimandand probationary terms, conditions and limitations for atleast five years. Based on history of alcoholdependence, for which applicant received treatmentthrough a Board-approved provider; his failure to providethe board with complete and accurate information on hislicensure application pertaining to past criminalconvictions for D.U.I., Driving Under Suspension andviolation of probation; and on applicant having beendeemed capable of practicing massage therapyaccording to acceptable and prevailing standards ofcare, provided that monitoring requirements are in place.Effective 5/8/02.

WINDOM, Reginald Odester (MD #59407) – ChillicotheConsent Agreement: June 1999 consent agreementamended to incorporate conditions permanently limitingand restricting doctor’s practice to laboratory, academic,research or administrative work that does not involvepatient contact. Based on doctor’s admission that boardhas been notified of concerns that doctor’s diagnosedbipolar disorder negatively affects his social skills andclinical performance; and that he had expressedwillingness to restrict his practice to areas not involvingpatient contact. Agreement effective 1/9/02.

WINHOLT, Jeffrey Wayne (MD #57816) – CincinnatiConsent Agreement: Medical license suspended for atleast 180 days or until such time as any criminal chargesrelated to drug diversion have been fully resolved,whichever is later; interim monitoring and conditions forreinstatement established, including requirement thatdoctor enter into subsequent consent agreementincorporating probationary terms, conditions andlimitations to monitor practice. Based on doctor’sadmissions that he sought treatment through a Board-approved provider after a long-standing history ofchemical abuse and dependency, and that criminalcharges may be pending against him due to drugdiverting behavior stemming from his having diverted forhis own use Fentanyl/Sufentanil that was intended forpatients. Effective 1/9/02.

WOLF, Leslie Rae (MD #56829) – KetteringConsent Agreement: 4/01 consent agreementamended to suspend medical license for at least sixmonths; interim monitoring and conditions forreinstatement established, including requirement thatdoctor enter into subsequent probationary consentagreement to monitor practice. based on doctor’sadmission that she was found guilty of seven felonycounts of Deception to Obtain a Dangerous Drug, theacts underlying which involved her issuance ofprescriptions in her own name for her personal use,

using the name of another physician as the prescribingphysician. Effective 11/7/01.

WONG, Henry H. (DO #2415) – New WaterfordBoard Order: Medical license permanently revokedbased on doctor’s plea of guilty to felony counts ofUnlawful Distribution of Schedule III ControlledSubstances and Income Tax Evasion; prior actionagainst doctor’s Pennsylvania license by that state’smedical board due to those convictions; and exclusionby U.S. Dept. of Health & Human Services based onPennsylvania board’s action. (Journal Entry – nohearing requested) Order mailed 12/13/01; Ordereffective 12/13/01.

WOODROW, Virginia Catherine (MD #47163) –SpringfieldConsent Agreement: Probationary terms, conditionsand limitations imposed based on finding, followingBoard-ordered examination, that doctor was incapable ofpracticing according to acceptable and prevailingstandards of care for several weeks in late 2001 due tomajor depressive disorder, recurrent; and opinion byexamining physician that doctor is currently capable ofpracticing in accordance with the above standards,provided that monitoring is in place to ensure that shecontinues appropriate medication therapy and ongoingmental health counseling. Agreement effective 4/10/02;agreement to remain in effect for at least five years priorto any request for termination.

YIN, Xi Peng (MD #68935) – East Meadow, NY/ForestHills, NYBoard Order: Medical license revoked based on prioraction against doctor’s New York medical licensefollowing a determination by the New York board that hecommitted professional misconduct by dispensing Viagrato an undercover investigator in large quantities andwithout an examination. (Journal Entry – no hearingrequested) Order mailed 4/11/02; Order eff. 4/11/02.

YOUNG, Brian Wesley (MD #55268) - CincinnatiVoluntary Surrender: Doctor’s permanent voluntarysurrender of medical license accepted by Board in lieu ofdoctor’s continuing compliance with terms of 2/01consent agreement. Effective 5/7/02.

Continuing Medical Education

POLLAK, Charles P. (MD #68085) – ColumbusBoard Order: Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical educationrequirements for three C.M.E. acquisition periods.

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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YOUR REPORT/Summer 2002 Page 19

Based on doctor’s failure to comply with continuingmedical education requirements. (Journal Entry – nohearing requested) Order mailed 10/11/01; Ordereffective 11/11/01. Note: by corrective Entry filed byMedical Board on 11/10/01, 10/10/01 Board Ordercorrected to accurately reflect number of CME hoursrequired for 7/1/98 through 1/1/00 acquisition period.

ROWLAND, Gerald Kim (MD #55929) – St. George, UTBoard Order: Doctor reprimanded; subject to audits ofcompliance with Continuing Medical Educationrequirements for three C.M.E. acquisition periods.Based on doctor’s failure to comply with continuingmedical education requirements. Order mailed 1/24/02;Order effective 1/24/02.

SPRUCH, Rezso (MD #44530) – Danville, ILBoard Order: Doctor reprimanded; subject tomandatory audits of compliance with continuing medicaleducation requirements for the 1999-2001 CMEacquisition period, and for two CME acquisition periodsthereafter. Based on doctor’s failure to timely completeand submit documentation of required CME. Ordermailed 11/8/01; Order effective 11/8/01.

SUNGURLU, Mehmet Akif (MD #60770) – Oregon, OHBoard Order: Medical license indefinitely suspended;conditions for reinstatement established; subsequent toreinstatement, doctor subject to audits of compliancewith continuing medical education requirements for threeC.M.E. acquisition periods. Based on doctor’s failure tocomply with continuing medical education requirements.(Journal Entry – Hearing not timely requested) Ordermailed 10/30/01; Order effective 11/30/01.

TREIBER, Theodore Richard (MD #54829) –Pittsburgh, PABoard Order: Medical license suspended for at leastthirty days; conditions for reinstatement established;subsequent to reinstatement, doctor subject to audits ofcompliance with continuing medical educationrequirements for three C.M.E. acquisition periods.Based on doctor’s failure to comply with continuingmedical education requirements. (Journal Entry – nohearing requested) Order mailed 10/11/01; Ordereffective 11/11/01.

Court Action Update

DAVIES, Brian William (MD #49895) – AkronCourt Action: Notice of voluntary dismissal of appeal ofBoard’s 8/8/01 permanent revocation Order filed bydoctor with Franklin County Court of Common Pleas on12/13/01.

GODSELL-STYTZ, Gayl Marie (DO #5500) –BeavercreekCourt Action: By Opinion filed on 2/19/02, Tenth DistrictCourt of Appeals affirmed decision of Franklin CountyCourt of Common Pleas, which had affirmed Board’s7/12/00 permanent revocation Order.

NALABOLU, Dasharathram Reddy (MD #51238) –KetteringCourt Action: By Entry filed 10/18/01, Franklin CountyCourt of Common Pleas granted Medical Board’s motionto vacate stay Order. By Entry filed 10/31/01, FranklinCounty Court of Common Pleas ordered that doctor’sappeal of Board’s Order be withdrawn, with prejudice tofuture action.

ROSSITER, Lawrence J. (DO #1933) – AllianceCourt Action: By Decision and Entry filed 10/4/01,Franklin County Court of Common Pleas affirmedBoard’s 12/13/00 suspension Order. Notice of appeal toTenth District Court of Appeals filed by doctor on 11/2/01.By Entry filed 10/29/01, Franklin County Court ofCommon Pleas ordered that 1/8/01 stay of Board’sOrder shall remain in effect during the pendency ofdoctor’s appeal.

ROYDER, Clayton H. (DO #4352) – ColumbusCourt Action: By Decision and Entry filed 11/30/01,Franklin County Court of Common Pleas affirmedBoard’s 7/12/00 permanent revocation Order. Notice ofappeal to Tenth District Court of Appeals filed by doctoron 11/30/01. By Order filed 11/30/01, Franklin CountyCourt of Common Pleas granted doctor’s motion for stayof Board’s 7/12/00 permanent revocation Order pendinga final decision on the merits of doctor’s appeal.

SMITH, Larry Lee (DO #1724) – Canfield VillageCourt Action: Notice of appeal to Tenth District Court ofAppeals filed on behalf of State of Ohio on 7/26/01. ByDecision filed 3/21/02, Court of Appeals affirmedCommon Pleas Court’s decision, which had reversedboard’s reprimand Order. Entry to be filed.

STARR, Tom Reutti (MD #26557) – DaytonCourt Action: By Decision filed 3/29/02 and Entry filedon 4/5/02, Franklin County Court of Common Pleasaffirmed Board’s 8/8/01 suspension Order.

URBAN, Edward John (DO #3523) – Chagrin FallsCourt Action: Notice of appeal of Board’s 12/12/01permanent revocation Order filed by doctor with FranklinCounty Court of Common Pleas on 12/14/01. By Orderfiled 12/17/01, Franklin County Court of Common Pleasgranted doctor’s motion for stay of Board’s 12/12/01permanent revocation Order, pending final disposition ofdoctor’s appeal of Board Order and the criminal appealupon which Board’s Order is based.

DISCIPLINARY ACTIONS OCTOBER 2001 - MAY 2002

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WALKER, Ferieda M. (MD #60910) – DaytonCourt Action: By Opinion filed on 2/21/02, Tenth DistrictCourt of Appeals affirmed decision of Franklin CountyCourt of Common Pleas, which had affirmed Board’s6/14/00 permanent revocation Order.

WEBB, Deleno H., III (MD #37883) – Huntington, WVCourt Action: By Decision filed 11/29/01, Tenth DistrictCourt of Appeals reversed judgment of Franklin CountyCourt of Common Pleas and remanded case to thatcourt with instructions to remand to Medical Board toconsider whether appellant made statements with intentto mislead Board and to consider whether appellant issubject to discipline in light of court reversal of WestVirginia board’s action.

WOOD, Dirk Gregory (MD #50320) - SpringfieldCourt Action: By Decision and Entry filed 5/8/02,Franklin County Court of Common Pleas affirmedBoard’s 8/8/01 permanent revocation Order.!

Senior CitizensWanted

The State Medical Board would liketo recognize the years of qualityservice provided by Ohio physiciansaged 85 or older. We need your helpin locating these esteemedcolleagues. Please submit namesand current addresses to:

Raymond J. AlbertSupervising Member

State Medical Board of Ohio77 South High Street, 17th Floor

Columbus, OH 43215-6127

STATE OF OHIOTHE STATE MEDICAL BOARD

77 South High Street, 17th FloorColumbus, Ohio 43215-6127

DISCIPLINARY ACTIONS (cont.)


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