59
Oregon Medical Board BOARD ACTION REPORT October 15, 2017 The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16, 2017, and October 15, 2017. Scanned copies of Interim Stipulated Orders, Orders of Emergency Suspension, Stipulated Orders, Final Orders, Termination Orders, Modification Orders and Voluntary Limitations are included at the end of this report in the order that they appear in the report. These orders are marked with an * asterisk. Scanned copies of Consent Agreements are not posted, as they are not disciplinary action and impose no practice limitations. Complaint and Notices of Proposed Disciplinary Action are not listed in this report, as they are not final actions by the Board. Both Orders, however, are public and are available upon request. Printed copies of the Board Orders not provided with this report are available to the public. To obtain a printed copy of a Board Order not provided in this report, please complete the License Verification and Malpractice Report Request (http://www.oregon.gov/OMB/ombformsl/request- licensee-info-verification.pdf) found under the Forms link on the Board's web site. Submit it with the $10.00 fee per licensee and mail to: Oregon Medical Board 1500 SW 1st Ave, Ste 620 Portland, OR 97201 Copies o f the Orders listed below are mailed to Oregon hospitals where the Licensee had self- reported that he she has privileges. *Ashaye, Olurotimi Ayodele, MD; MD24024; Meridian, ID On October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's January 7, 2016, Stipulated Order. *Backman, Jennifer Lee, DO; D025595; Vancouver, WA On October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct; gross or repeated acts of negligence; and prescribing controlled substances without a legitimate medical purpose, or without following accepted procedures for examination of patients or for record keeping. This Order assess a $5,000 civil penalty; places Licensee on probation; requires Licensee to complete a CPEP education plan; requires Licensee to complete a course on prescribing plus an additional 20 hours of CME related to prescribing; and requires that Licensee maintain a relationship with a pre-approved healthcare provider; requires Licensee to comply with the Oregon Opioid Prescribing Guidelines; and requires Board approval of Licensee's practice settings.

Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

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Page 1: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

Oregon Medical BoardBOARD ACTION REPORT

October 15, 2017

The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16, 2017, and October 15, 2017.

Scanned copies of Interim Stipulated Orders, Orders of Emergency Suspension, Stipulated Orders, Final Orders, Termination Orders, Modification Orders and Voluntary Limitations are included at the end of this report in the order that they appear in the report. These orders are marked with an * asterisk. Scanned copies of Consent Agreements are not posted, as they are not disciplinary action and impose no practice limitations. Complaint and Notices of Proposed Disciplinary Action are not listed in this report, as they are not final actions by the Board. Both Orders, however, are public and are available upon request.

Printed copies of the Board Orders not provided with this report are available to the public. To obtain a printed copy of a Board Order not provided in this report, please complete the License Verification and Malpractice Report Request (http://www.oregon.gov/OMB/ombformsl/request- licensee-info-verification.pdf) found under the Forms link on the Board's web site. Submit it with the $10.00 fee per licensee and mail to:

Oregon Medical Board 1500 SW 1st Ave, Ste 620

Portland, OR 97201

Copies o f the Orders listed below are mailed to Oregon hospitals where the Licensee had self- reported that he she has privileges.

*Ashaye, O lurotim i Ayodele, MD; MD24024; M eridian, IDOn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's January 7, 2016, Stipulated Order.

*Backman, Jennifer Lee, DO; D025595; Vancouver, WAOn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct; gross or repeated acts of negligence; and prescribing controlled substances without a legitimate medical purpose, or without following accepted procedures for examination of patients or for record keeping. This Order assess a $5,000 civil penalty; places Licensee on probation; requires Licensee to complete a CPEP education plan; requires Licensee to complete a course on prescribing plus an additional 20 hours of CME related to prescribing; and requires that Licensee maintain a relationship with a pre-approved healthcare provider; requires Licensee to comply with the Oregon Opioid Prescribing Guidelines; and requires Board approval of Licensee's practice settings.

Page 2: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

*Brennan, Rachel Michelle, DO; DO172490; H erm iston, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct and gross negligence or repeated negligence. This Order reprimands Licensee, assesses a $2,500 civil penalty; places Licensee on probation for five years; requires Licensee to complete courses on charting and professionalism; prohibits Licensee from acting as a supervising physician; subjects Licensee's practice to no-notice office visits and chart audits by Board designees; requires Licensee to complete all chart notes within 72 hours; requires Licensee to obtain a pre-approved, board-certified pediatrician or family practice physician to monitor chart completion; and requires that Licensee maintain a relationship with a pre-approved healthcare provider.

*Calcagno, John Anthony, MD; MD14823; Gresham , OROn October 5, 2017, the Board issued an Order Modifying Stipulated Order. This Order modifies Licensee's January 5, 2017, Stipulated Order.

*Cross, Lorne Max, MD; MD27400; Salem, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's October 2, 2014, Stipulated Order, and Licensee's July 9, 2015, and April 6, 2017, Orders Modifying Stipulated Order.

*Gallagher, Timothy A drian, MD; MD21152; Lakeview, OROn October 5, 2017, Licensee entered into a Corrective Action Agreement with the Board. In this Agreement, Licensee agreed to participate in a pre-approved educational program on the management of chronic pain, and no-notice chart audits by the Board's designee.

*G irard, Ryan Jam es, LAc; AC152617; Brookings, OROn October 2, 2017, the Board issued an Order of License Suspension to immediately suspend licensee's acupuncture license due to his failure to pay child support. Automatic suspension is required by ORS 25.750.

*Graham , Charles Scott, DO; D021658; Lakeview, OROn October 5, 2017, Licensee entered into a Corrective Action Agreement with the Board. In this Agreement, Licensee agreed to participate in a pre-approved educational program on the management of chronic pain, and no-notice chart audits by the Board's designee.

* Griffin, John W illiam, MD; MD08392; Portland, OROn September 19, 2017, Licensee entered into an Interim Stipulated Order to voluntarily cease initiating chronic pain treatment; maintain or taper current patients to 90 MED or less or transfer care of the patient; limit prescribing for acute pain; taper concurrent benzodiazepines or transfer care of the patient; and cease prescribing concurrent muscle relaxants with opioids pending the completion of the Board's investigation into his ability to safely and competently practice medicine.

*H arper, John S, LAc; AC01104; Portland, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct. With this Order Licensee surrenders his acupuncture license while under investigation.

Page 3: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

*Henry, Thomas Paul, MD; MD11446; Clackamas, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct; violation of the federal Controlled Substances Act; and prescribing controlled substances without a legitimate medical purpose or without following accepted procedures for examination of patients or for record keeping. With this Order Licensee surrenders his medical license while under investigation.

*Hicken, Michael Powel, MD; MD24159; Hillsboro, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct and gross negligence or repeated negligence. This Order reprimands Licensee, assesses a $5,000 civil penalty; places Licensee on probation for five years; requires Licensee to obtain a CPEP evaluation and complete any education plan recommended; requires Licensee to complete courses on medical documentation and professional ethics; requires Licensee to implement a system to ensure timely patient notification and follow-up on medical test results; prohibits Licensee from acting as a supervising physician; and subjects Licensee's practice to no-notice chart audits by the Board.

*Hussey, Stephen A rthur, MD; MD22430; Lakeview, OROn October 5, 2017, Licensee entered into a Corrective Action Agreement with the Board. In this Agreement, Licensee agreed to participate in a pre-approved educational program on the management of chronic pain, and no-notice chart audits by the Board's designee.

*Kahn, H eather Alaine, MD; MD22858; G rants Pass, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct; gross or repeated acts of negligence; and prescribing controlled substances without a legitimate medical purpose or without following accepted procedures for examination of patients or for record keeping. This Order reprimands Licensee, assesses a $5,000 civil penalty; requires that Licensee complete the CPEP education recommendations; requires Licensee to complete a course on medical documentation; complete 20 hours of Board- approved CME regarding chronic pain; and requires Licensee to comply with Oregon Opioid Prescribing Guidelines.

*Kort, Daniel Duane, MD; MD18043; Salem, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's April 2, 2015, Stipulated Order, and Licensee's April 4, 2016, Order Modifying Stipulated Order.

*Le, Christian Thanh, MD; MD153577; Portland, OROn October 5, 2017, the Board issued an Order Terminating Interim Stipulated Orders. This Order terminates Licensee's October 13, 2015, and April 6, 2016, Interim Stipulated Orders.

*Le, Christian Thanh, MD; MD153577; Portland, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct; gross or repeated acts of negligence; disciplinary action by another state of a license to practice; and willfully violating any rule adopted by the Board. With this Order Licensee surrenders his medical license while under investigation, and Licensee is assessed a $1,000 civil penalty.

Page 4: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

*M auras, Kessa, DPM; DP153769; Hood River, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's October 2, 2014, Stipulated Order and Licensee's January 7, 2016, Order Modifying Stipulated Order.

*M cCarthy, Joseph Patrick, MD; MD19499; A storia, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct; gross or repeated acts of negligence; and violation of the federal Controlled Substances Act. With this Order Licensee retires his medical license while under investigation.

*M cM anama, G erald Peter, III, MD; MD160341; Eugene, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct and gross negligence or repeated negligence. This Order requires Licensee to be proctored and observed by a pre-approved, board-certified vascular, cardiothoracic or neurosurgeon for 15 carotid surgical cases; requires Licensee to obtain a pre­approved mentor to review Licensee's medical records prior to scheduling carotid surgeries and provide reports to the Board for at least six months; requires Licensee to complete courses on medical documentation and communications; and subjects Licensee's practice to no-notice office visits and chart audits by the Board's designee.

*McVey, Douglas Kent, PA; PA00622; O ntario, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's October 8, 2015, Stipulated Order.

* Myers, L arry R ichard, MD; MD21360; Springfield, OROn October 5, 2017, Licensee entered into a Stipulated Order with the Board for unprofessional or dishonorable conduct. With this Order Licensee surrenders his medical license while under investigation.

* Rowley, M ark Calvin, MD; MD18314; Silverton, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's January 8, 2015, Stipulated Order.

Sasich, Randy Louis, MD; MD28977; Portland, OROn October 5, 2017, the Board issued an Order Modifying Consent Agreement. This Order modifies Licensee's October 3, 2013, Consent Agreement.

*Siddiki, Awais A sghar, MD; MD176723; Philom ath, OROn October 10, 2017, Licensee entered into an Interim Stipulated Order to only treat Oregon patients when both Licensee and patient are physically present together in a clinical setting pending the completion of the Board's investigation into his ability to safely and competently practice medicine.

* Sills, Shawn Michael, MD; MD25091; M edford, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's July 12, 2012, Stipulated Order, and Licensee's September 6, 2012, July 10, 2014, and October 2, 2014, Orders Modifying Stipulated Order.

Page 5: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

*Tabor, M ark Edw ard, PA; PA00726; Astoria, OROn October 5, 2017, the Board issued an Order Terminating Corrective Action Agreement. This Order terminates Licensee's April 3, 2014, Corrective Action Agreement.

*Thompson, A lbert P rather, MD; MD13058; Tillamook, OROn October 5, 2017, the Board issued an Order Terminating Stipulated Order. This Order terminates Licensee's October 8, 2015, Stipulated Order.

*Yamane, R obert Yoji, MD; MD166301; Ashland, OROn October 5, 2017, the Board issued an Order Terminating Corrective Action Agreement. This Order terminates Licensee's October 6, 2016, Corrective Action Agreement.

If you have any questions regarding this service, please call the Board at (971) 673-2700 or toll- free within Oregon at (877) 254-6263.

Page 6: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter o f ))

OLUROTIMI AYODELE ASHA YE, MD ) ORDER TERMINATINGLICENSE NO. MD24024 ) STIPULATED ORDER

)

1.

On January 7, 2016, Olurotimi Ayodele Ashaye, MD (Licensee) entered into a Stipulated

Order with the Oregon Medical Board (Board). This Order placed conditions on Licensee’s

Oregon medical license. On July 11, 2017, Licensee submitted a written request to terminate this

Order.

2 .

Having fully considered Licensee’s request and his successful compliance with the terms

of this Order, the Board terminates the January 7, 2016, Stipulated Order, effective the date this

Order is signed by the Board Chair.

IT IS SO ORDERED this 5th day of October, 2017

OREGON MEDICAL BOARD State of Oregon

fCHAEL MASTRAf foard Chair

Page -1 ORDER TERMINA TING STIP ULA TED ORDER - Olurotimi Ayodele Ashaye, MD

Page 7: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

In the Matter of: )

JENNIFER LEE BACKMAN, DO ) STIPULATED ORDER6 LICENSE NO. D025595 )

7 *

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including osteopathic physicians, in the

11 state of Oregon. Jennifer Lee Backman, DO (Licensee) holds an active license to practice

12 medicine in the state of Oregon.

13 2.

14 On September 16,2016, the Board issued a Complaint and Notice o f Proposed

15 Disciplinary Action (Notice) in which the Board proposed taking disciplinary action by imposing

16 up to the maximum range of potential sanctions identified in ORS 677.205(2), to include the

17 revocation of license, a $10,000 civil penalty, and assessment of costs, against Licensee for

18 violations of the Medical Practice Act, to wit: ORS 677.190(l)(a) unprofessional or dishonorable

~19 conduct, as define<fin ORS 677.188(4)(a); ORS 677.190(13) gross or repeated acts of

20 negligence; and ORS 677.190(24) prescribed controlled substances without a legitimate medical

21 purpose or without following accepted procedures for examination of patients or for record

22 keeping.

23 3.

24 3.1 The Board opened an investigation into Licensee’s practice and has determined

25 that Licensee frequently prescribed excessive quantities and doses o f opioids (Schedule II),

26 benzodiazepines (Schedule IV) and stimulants (Schedule II), often in combination.' sn i l l- I l i t

Page 1 - STIPULATED ORDER - Jennifer Lee Backman, DO

Page 8: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 The Board’s Notice describes Licensee’s pattern o f practice that forms the basis for this

2 disciplinary action.

3 3.2 On July 7,2016, Licensee voluntarily entered into an Interim Stipulated Order

4 that established taper rates for patients taking over 120 Morphine Equivalent Dose (MED) of

5 opioid medications.

6 3.3 On January 5,2017, Licensee entered into an Interim Stipulated Order in which

7 she withdrew from the practice of medicine.

8 3.4 Licensee voluntarily underwent an assessment at the Center for Personalized

9 Education for Physicians.

10 4.

11 Licensee and the Board desire to settle this matter by entry of this Stipulated Order.

12 Licensee understands that she has the right to a contested case hearing under the Administrative

13 Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally waives the

14 right to a contested case hearing and any appeal therefrom by the signing o f and entry of this

15 Order in the Board’s records. Licensee neither admits nor denies, but the Board finds that

16 Licensee engaged in the conduct described in paragraph 3 of the Complaint and Notice of

17 Proposed Disciplinary Action, which violated ORS 677.190(l)(a), as defined in ORS

18 677.188(4)(a); ORS 677.190(13); and ORS 677.190(24). Licensee understands that this Order is

19 apublic record and is a disciplinary action that is reportable to the National Data Bank and the

20 Federation of State Medical Boards.

21 5.

22 Licensee and the Board agree to resolve this matter by the entry of this Stipulated Order

23 subject to the following terms and conditions:

24 5.1 Licensee must pay a civil penalty of $2,000 within one (1) year from the effective

25 date of this Order. Licensee may establish a payment plan with the Board with no single

26 payment being less than $ 100 unless it is the final payment.

27 I I I

Page 2 - STIPULATED ORDER - Jennifer Lee Backman, DO

Page 9: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 5.2 Licensee is placed on probation for five years. Licensee must report in person to

2 the Board at each o f its quarterly meetings at the scheduled times for a probation interview,

3 unless otherwise directed by the Board's Compliance Officer or its Investigative Committee.

4 Interviews may be held electronically, at the Board’s discretion, between Licensee and the

5 Board’s Compliance Officer (or its designee) using Board established protocols for the location

6 and electronic transmission o f the meeting. Licensee is responsible for supplying and

7 maintaining the equipment and technology necessary for her participation in the electronic

8 meetings. Licensee will be notified if and when such meetings are scheduled in lieu o f an in-

9 person appearance at a quarterly Board meeting.

10 5.3 Licensee must successfully complete a course on prescribing that is pre-approved

11 by the Board’s Medical Director within 180 days from the effective date of this Order.

12 5.4 Within two years from the effective date o f this Order, and at her own expense,

13 Licensee must successfully complete a CPEP developed and supervised education remediation

14 plan. Licensee must sign all necessary releases to allow full communication and exchange of

15 documents and reports between the Board and CPEP. Licensee must keep the Board apprised of

16 her compliance with the CPEP education plan throughout the duration of plan completion

17 process. Licensee must provide the Board with written proof from CPEP upon successful

18 completion of the approved education plan, including successful completion of any post-

re ' "Edocatftm- evaflM o sras defined above.

20 5.5 Subsequent to the completion of terms 5.3 and 5.4, Licensee must complete 20

21 hours of continuing medical education credits on prescribing that have been pre-approved by the

22 Board’s Medical Director. These credits will not count towards Licensee’s obligation to

23 complete 60 hours o f CME every two years.

24 5.6 Licensee must maintain an on-going therapeutic relationship with a healthcare

25 providers) pre-approved by the Board’s Medical Director. Licensee must sign all necessary

26 releases to allow direct communication between the Board and Licensee’s healthcare providers,

27 I I I

Page 3 - STIPULATED ORDER - Jennifer Lee Backman, DO

Page 10: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 who will provide regular written reports to the Board at intervals determined by the Board’s

2 Medical Director.

3 5.7 Licensee must comply with Oregon Opioid Prescribing Guidelines.

4 5.8 Licensee may only practice in a setting that is pre-approved by the Board’s

5 Medical Director.

6 5.9 Licensee stipulates and agrees that this Order becomes effective the date it is

7 signed by the Board Chair.

8 5.10 Licensee must obey all federal and Oregon state laws and regulations pertaining

9 to the practice o f medicine.

10 5.11 The Interim Stipulated Orders o f July 7, 2016, and January 5,2017, terminate

11 upon the effective date o f this Order.

12 5.12 Licensee stipulates and agrees that any violation o f the terms of this Order shall

13 be grounds for further disciplinary action under ORS 677.190(17).

14

15 IT IS SO STIPULATED TI

16

17

18

T9 “ TT TS-SO ORDERED THIS

20 OREGON MEDICAL BOARD

21

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27

QCHAEL MASTRANGELO JR., MD OARD CHAIR

5 ^ 0 1 7 .

Page 4 - STIPULATED ORDER - Jennifer Lee Backman, DO

Page 11: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4In the Matter of: )

)RACHEL MICHELLE BRENNAN, DO ) STIPULATED ORDER LICENSE NO. DO 172490 )

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including osteopathic physicians, in the

11 state of Oregon. Rachel Michelle Brennan, DO (Licensee) holds an active license to practice

12 medicine in the state o f Oregon.

13 2.

14 On August 29, 2017, the Board issued a Complaint and Notice of Proposed Disciplinary

15 Action in which the Board proposed taking disciplinary action by imposing up to the maximum

16 range of potential sanctions identified in ORS 677.205(2), to include the revocation of license, a

17 $10,000 fine per violation, and assessment of costs, against Licensee for violations of the

18 Medical Practice Act, to wit: ORS 677.190(l)(a) unprofessional or dishonorable conduct, as

19 defined in ORS 677.188(4)(a) and ORS 677.190(13) gross or repeated acts of negligence.

20 3.

21 Licensee formerly practiced medicine with the Good Shepherd Medical Group (GSMG)

22 in Hermiston, Oregon. On or about July 1, 2016, the management o f GSMG took Licensee out

23 of rotation from seeing patients so that she could work exclusively on catching up on her chart

24 notes after it was determined that Licensee had fallen significantly behind in her charting. By

25 September 2016, Licensee had updated many charts, however she was still significantly behind

26 in documenting patient encounters. Licensee’s contract with GSMG was terminated on

27 September 12, 2016.

Page 1 - STIPULATED ORDER - Rachel Michelle Brennan, DO

Page 12: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 4.

2 Licensee and the Board desire to settle this matter by entry of this Stipulated Order.

3 Licensee understands that she has the right to a contested case hearing under the Administrative

4 Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally waives the

5 right to a contested case hearing and any appeal therefrom by the signing o f and entry of this

6 Order in the Board’s records. Licensee neither admits nor denies that she engaged in the conduct

7 described in paragraph 3 above but the Board finds that this conduct violated ORS 677.190(l)(a),

8 as defined in ORS 677.188(4)(a), and ORS 677.190(13). Licensee understands that this Order is

9 a public record and is a disciplinary action that is reportable to the National Data Bank and the

10 Federation of State Medical Boards.

11 5.

12 Licensee and the Board agree to resolve this matter by the entry of this Stipulated Order

13 subject to the following terms and conditions:

14 5.1 Licensee is reprimanded.

15 5.2 Licensee must pay a civil penalty of $2,500 within one year from the effective

16 date of this Order. Licensee may establish a payment plan with the Board with no single

17 payment being less than $ 100 unless it is the final payment.

18 5.3 Licensee is placed on probation for five years. Licensee must report in person to

19 the Board at each of its quarterly meetings at the scheduled times for a probation interview,

20 unless otherwise directed by the Board's Compliance Officer or its Investigative Committee.

21 Interviews may be held electronically, at the Board’s discretion, between Licensee and the

22 Board’s Compliance Officer (or its designee) using Board established protocols for the location

23 and electronic transmission of the meeting. Licensee is responsible for supplying and

24 maintaining the equipment and technology necessary for her participation in the electronic

25 meetings. Licensee will be notified if and when such meetings are scheduled in lieu of an in-

26 person appearance at a quarterly Board meeting.

27 I I I

Page 2 - STIPULATED ORDER - Rachel Michelle Brennan, DO

Page 13: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 5.4 Licensee must successfully complete a course on charting and a course on

2 professionalism that are pre-approved by the Board’s Medical Director within 180 days from the

3 effective date of this Order.

4 5.5 Licensee must not serve as a supervising physician for any physician assistant.

5 5.6 Licensee’s medical practice is subject to random, no notice chart audits and office

6 visits by Board designees.

7 5.7 Licensee must promptly complete all chart notes within 72 hours from any

8 clinical interaction with a patient or consultation with another health care professional in regard

9 to patient care. If at any time, for any reason, Licensee is unable to complete all chart notes

10 within 72 hours, Licensee must refrain from any clinical encounters with patients until such time

11 that she is again in compliance with this term.

12 5.8 Licensee must obtain a board-certified pediatrician or family practice physician,

13 pre-approved by the Board’s Medical Director, who will monitor Licensee’s compliance with

14 term 5.7 of this Order. The designated physician must perform the compliance check at least two

15 times per month and submit quarterly reports to the Board’s Compliance Office. Non-

16 compliance issues identified by the designated physician which are not rectified within 24 hours

17 must be reported to the Board the next business day. If at any time, for any reason, the

18 designated physician position is not filled, Licensee must refrain from any clinical encounters

19 with patients until such time that the position is again filled.

20 5.9 Licensee must maintain an on-going therapeutic relationship with a healthcare

21 provider(s) pre-approved by the Board’s Medical Director. Licensee must sign all necessary

22 releases to allow direct communication between the Board and Licensee’s healthcare providers,

23 who will provide regular written reports to the Board at intervals determined by the Board’s

24 Medical Director.

25 5.10 Licensee stipulates and agrees that this Order becomes effective the date it is

26 signed by the Board Chair.

27 I I I

Page 3 - STIPULATED ORDER - Rachel Michelle Brennan, DO

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5.11 Licensee must obey all federal and Oregon state laws and regulations pertaining

to the practice o f medicine.

5.12 Licensee stipulates and agrees that any violation o f the terms o f this Order shall

be grounds for further disciplinary action under ORS 677.190(17).

IT IS SO STIPULATED THIS ?nth day of santemhar ,2017.

IT IS SO ORDERED THISbday of

BRENNAN, DO

2017.

OREGON MEDICAL BOARD

JICHAEL MASTRANGELO JR., MD )ARD CHAIR

Page 4 - STIPULATED ORDER - Rachel Michelle Brennan, DO

Page 15: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

In the Matter o f ))

JOHN ANTHONY CALCAGNO, MD ) ORDER MODIFYING6 LICENSE NO. MD14823 ) STIPULATED ORDER

7 ^

8 1.

9 On January 5, 2017, John Anthony Calcagno, MD (Licensee) entered into a Stipulated

10 Order with the Oregon Medical Board (Board). This Order placed Licensee on probation with

11 certain conditions. On May 1,2017, Licensee submitted a written request asking the Board to

12 modify term 4.8 of this Order. Licensee currently holds an inactive license with the Board.

13 Terms 4.3 and 4.8 o f the January 5,2017, Stipulated Order read as follows:

144.3 Licensee is placed on probation fo r five years. Licensee must report in person to

the Board at each o f its quarterly meetings at the scheduled times fo r a probation16 interview, unless otherwise directed by the Board’s Compliance Officer or its

Investigative Committee. In the event the Board develops protocols fo r conducting17 electronic probation interviews, interviews may be held electronically, at the

Board’s discretion, between Licensee and the Board’s Compliance Officer (or its1 ̂ designee) using Board established protocols fo r the location and electronic

transmission o f the meeting. Licensee is responsible fo r supplying and maintaining the equipment and technology necessary fo r him to participate in the electronic

20 meetings. Licensee will be notified i f and when such meetings are scheduled in lieu o f an in person appearance at a quarterly Board meeting. After two years o f

21 continued compliance with the terms o f this Order, Licensee may petition the^ Board, in writing, fo r relieffrom this term o f the Order.

2 2 4.8 Within 18 months from the signing o f this Order by the Board Chair, Licensee mustcomplete the recommendations from the Center fo r Personalized Education fo r

24 Physicians (CPEP) fo r education remediation. Licensee must sign all necessary releases to allow fu ll communication and exchange o f documents and reports

25 between the Board and CPEP.

26 I I I

27 I I I

PAGE 1 - ORDER MODIFYING STIPULATED ORDER - John Anthony Calcagno, MD

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1 2 .

2 Terms 4.1,4.2 and 4.4 of the January 5, 2017, Stipulated Order read as follows:

3 4.1 Licensee is reprimanded.

^ 4.2 Licensee must pay a civil penalty o f $5,000 within 180 days from the date the Board^ Chair signs this Order. Payments must be no less than $500 per payment.

6 4.4 Licensee must successfully complete a course on pediatric pharmacology that ispre-approved by the Board’s Medical Director within 180 days from the date the

7 Board Chair signs this Order.

8 3.

9 Having fully considered Licensee’s request, Licensee’s inactive license status, and

10 Licensee’s completion o f terms 4.1,4.2, and 4.4, the Board terminates terms 4.1,4.2, and 4.4 of

11 the January 5,2017, Stipulated Order effective the date this Order is signed by the Board Chair.

12 Additionally, the Board holds terms 4.3 and 4.8 of the January 5,2017, Stipulated Order in

13 abeyance until such time that Licensee reactivates his Oregon medical license to active status.

14 Licensee understands that a new assessment from CPEP may be required in order to fulfill term

15 4.8 of the Order. All other terms of the January 5, 2017, Stipulated Order are unchanged and

16 remain in full force and effect.

17IT IS SO ORDERED this 5th day of October, 2017.

18OREGON MEDICAL BOARD

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IICHAEL J. MASTRANGELO, MD oard Chair

PAGE 2 - ORDER MODLFYLNG STIPULATED ORDER - John Anthony Calcagno, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter o f

LORNE MAX CROSS, MD LICENSE NO. MD27400

)) ORDER TERMINATING STIPULATED ) ORDER AND ORDER TERMINATING ) ORDERS MODIFYING STIPULATED ) ORDER

1.

On October 2, 2014, Lome Max Cross, MD (Licensee) entered into a Stipulated Order

with the Oregon Medical Board (Board). This Order placed Licensee on probation with certain

conditions. On July 9, 2015, the Board issued an Order Modifying Stipulated Order, and on

April 6,2017, the Board issued a second Order Modifying Stipulated Order. On June 8,2017,

Licensee submitted a written request to terminate these Orders.

2 .

Having fully considered Licensee’s request and his successful compliance with the terms

of the Orders, the Board terminates the October 2, 2014, Stipulated Order, and the July 9,2015,

and April 6, 2017, Orders Modifying Stipulated Order effective the date this Order is signed by

the Board Chair.

IT IS SO ORDERED this 5th day o f October, 2017.

OREGON MEDICAL BOARD State of Oret

GELO, MDioard Chair

Page -1 ORDER TERMINATING STIPULATED ORDER AND ORDER TERMINATING ORDERS MODIFYING STIPULATED ORDER - Lome Max Cross, MD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4 In the Matter o f )5 )

TIMOTHY ADRIAN GALLAGHER, MD ) CORRECTIVE ACTION AGREEMENT6 LICENSE NO. MD21132 )

)7

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

I ̂ regulating and disciplining certain health care providers, including physicians, in the state of

II Oregon. Timothy Adrian Gallagher, MD (Licensee) is a licensed physician in the state of

12 Oregon and holds an active license.

13 2.

1 4 T.icensee is a board certified family practice physician practicing in T.akeview, Oregon.

15 The Board opened an investigation after receiving a report that Licensee was prescribing opioid

16 medications in doses that could be unsafe,

17 3.

18 I .icensee and the Board now desite to settle this matter by entry of this Agreement

19 licensee understands thaL he has the right to a contested case hearing under the Administrative

20 Procedures Act (chapter 183), Oregon Revised Statutes. J,icensee fully and finally waives the

21 right to a contested case hearing and any appeal therefrom by the signing of and entry of this

22 Agreement in the Board’s records. The Board agrees to close the current investigation and does

23 not make a finding in regard to any violation of the Medical Practice Act. This Agreement is a ’

24 public document; however, it is not a disciplinary action. This document is reportable to the

24 National Data Bank and the Federation of State Medical Boards.

25 / / /26 m

Page 1 - CORRECTIVE ACTION AGREEMENT-Timothy Adrian Gallagher, MD

v y W 4 i r w f j — -

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■ w.fafc ru ff*

1 4.

2 In order to address the concerns of the Board and for purposes of resolving this

3 investigation, Licensee and the Board agree that the Board will close this investigation

4 contingent upon Licensee agreeing to the following conditions:

5 4.1 Licensee agrees to participate in an educational program on the management of

6 chronic pain which is pre-approved by the Board’s Medical Director. Licensee must allow

7 communications between the educational program and the Board.

8 4 2 Licensee’s practice is subject to no-notiee chart audits by the Board’s designee(s).

9 4.3 Licensee must obey all federal and Oregon State laws and regulations pertaining

10 to the practice of medicine.

11 4.4 Licensee agrees that any violation of the terms of this Agreement constitutes

12 grounds to take disciplinary action under ORS 677.190(17).

13 m S SO STIPULATED THrS day of f ltA -n W /s . 2017.14

15

IdIT IS SO ORDERED

17

18 OREGON MEDICAL BOARD

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m Jc iia k l j . m a s t r m g e lo ^ r T m dBOARD CHAIR

Page 2 - CORRECTIVE ACTION AGREEMENT - Timothy Adrian Gallagher, MD

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1 BEFO RE THE

2 O REGO N M ED ICA L B O A RD

3 STATE OF O REGON

4 In the M atter o f

ORDER OF LIC EN SE SU SPEN SIO N5 RYAN JAM ES G IRA RD , LAC LICEN SE NO. AC 152617

6

7 1.

8 T he Oregon M edical Board (Board) is the state agency responsible for licensing,

9 regulating and disciplining certain health care providers, including acupuncturists, in the State o f

10 O regon. Ryan Jam es G irard, LAc (L icensee) is a licensed acupuncturist in the State o f O regon.

11 2.

12 On Septem ber 28, 2017, the Board received inform ation from The O regon D epartm ent o f

13 Justice Child Support Program that the Licensee is not in com pliance with an agreem ent entered

14 into with the Child Support Program . As a result, L icensee’s license to practice acupuncture is

15 subject to suspension pursuant to ORS 25.750.

16 3.

17 The Board therefore suspends L icensee’s license to practice acupuncture w ilhout farther

18 hearing, effective im m ediately, pursuant to O RS 25.750.

19 f20 IT IS SO O R D E R E D this O day o f O ctober. 2017.

, O R EG O N M ED IC A L B O A R DState o f Oregon

22 “

23___________________________________________ ________________M ICH A EL M ASTRANGPTj O, M D Board C hair

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26

Page 1 - ORDER O F SUSPENSION - Ryan Jam es G irard, LAc

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

In the Matter of

CORRECTIVE ACTION AGREEMENT

4

5 CHARLES SCOTT GRAHAM, DO6 LICENSE NO. D 021658

7

8 l.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including osteopathic physicians, in the

11 state of Oregon. Charles Scott Graham, DO (Licensee) is a licensed osteopathic physician in the

12 state of Oregon and holds an active license.

13 2 .

14 Licensee is a board certified family practice physician practicing in Lakeview, Oregon.

13 The Board opened an investigation after receiving a report that Licensee was prescribing opioid

1 ̂ medications in doses that could be unsafe.

17 3.

18 Licensee and the Board now desire to settle this matter by entry of this Agreement.

19 Licensee understands that he has the right to a contested case hearing under the Administrative

20 Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally waives the

21 right to a contested case hearing and any appeal therefrom by the signing of and entry of this

22 Agreement in the Board’s records. The Board agrees to close the current investigation and does

23 not make a finding in regard to any violation of the Medical Practice Act. This Agreement is a

24 public document; however, it is not a disciplinary action. This document is reportable to the

24 National Data Bank and the Federation of State Medical Boards.

25 / / /

26 m

Page 1 - CORRECTIVE ACTION AGREEMENT - Charles Scott Graham, DO

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1 4.

2 In order to address the concerns of the Board and for purposes of resolving this

3 investigation, Licensee and the Board agree that the Board will close this investigation

4 contingent upon Licensee agreeing to the following conditions:

5 4.1 Licensee agrees to participate in an educational program on the management of

6 chronic pain which is pre-approved by the Board’s Medical Director. Licensee must allow

7 communications between the educational program and the Board.

8 4.2 Licensee’s practice is subject to no-notice chart audits by the Board’s designee(s).

9 4.3 Licensee must obey all federal and Oregon State laws and regulations pertaining

10 to the practice of medicine.

11 4.4 Licensee agrees that any violation of the terms of this Agreement constitutes

12 grounds to take disciplinary action under ORS 677.190(17).

IT IS SO14

15

16IT IS SO

17

18

19

20BOARD CHAIR

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MICHAEL J. MASTRANGELO, JR, MD

< ^W ft2017 .STIPULATED THIS

ORDERED THIS

Page 2 - CORRECTIVE ACTION AGREEMENT - Charles Scott Graham, DO

Page 23: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4 In the Matter of )

5 JOHN WILLIAM GRIFFIN, MD ) INTERIM STIPULATED ORDER6 LICENSE NO. MD08392 )

)7

8 1 .

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including physicians, in the state of

11 Oregon, John William Griffin, MD (Licensee) is a licensed physician in the state of Oregon and

12 holds an active medical license.

13 2,

14 The Board received credible information regarding Licensee that resulted in the Board

15 initiating an investigation. The results of the Board’s investigation to date have raised concerns

16 to the extent that the Board believes it necessary that Licensee agree to certain terms until the

12 investigation is completed.

IS 3.

19 In order to address the Board’s concerns, Licensee and the Board agree to the entry of

20 this Interim Stipulated Order, which is not an admission o f any wrongdoing on the part of the

21 Licensee, and will remain in effect while this matter remains under investigation, and provides

22 that Licensee shall comply with the following conditions:

23 3.1 Licensee must not begin treatment for chronic pain with opioid medications for

24 any new or existing patient. For the purposes of this Order, chronic pain is defined as pain that

24 persists or progresses over a period of time greater than 30 days.

25 3.2 Licensee must immediately begin to taper opioid medications for any chronic pain

26 patient with an MED over 90 by at least 10% per month until patient’s MED is 90 or less.

Page 1 - INTERIM STIPULATED ORDER - John William Griffin, MD

Page 24: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 Alternatively, Licensee may transfer the care of any patient with an MED over 90 to another

2 physician* Licensee may continue to prescribe greater than 90 MED for chronic pain for patients

3 who are currently enrolled in hospice or who are currently receiving treatment for a diagnosis of

4 cancer. Licensee must certify on the written prescription that the patient is a hospice patient or

5 has a life expectancy of less than six months.

6 3.3 Licensee must limit his prescribing for acute pain to less than 30 days per year.

7 and with a maximum morphine equivalent dose (MED) of 50.

8 3.4 For patients taking benzodiazepines and opioids, who have an MED of 90 or less

9 or who have been first tapered to an MED of 90 or less, Licensee must begin to taper

10 benzodiazepines. Licensee must taper by at least 10% per month until the patient is weaned off

11 benzodiazepines. Alternatively, Licensee may transfer the care of any patient for whom he is

12 prescribing benzodiazepines and opioids to another physician. Licensee may continue to

13 prescribe benzodiazepines to patients who are currently enrolled in hospice or have a life

14 expectancy of less than six months. Licensee must certify on the written prescription that the

15 patient is a hospice patient or has a life expectancy of less than six months.

16 3.5 For current patients who are prescribed opioids with benzodiazepines, tapering

17 will occur as outlined in terms 3.2 and 3.4, and subsequent to tapering, Licensee must not

18 concomitantly prescribe opioids with benzodiazepines,

19 3.6 Licensee must not concomitantly prescribe opioids with muscle relaxants.

20 3.7 Licensee understands that violating any term of this Order will be grounds for

21 disciplinary action under ORS 677.190(17),

22 3.8 Licensee understands this Order becomes effective the date he signs it.

23 4.

24 At the conclusion of the Board’s investigation, the Board will decide whether to close the

24 case or to proceed to some form of disciplinary action. If the Board determines, following that

25 review, not to lift the requirements of this Order, Licensee may request a hearing to contest that

26 decision.

Page 2 -INTERIMSTIPULATED ORDER - John William Griffin, MD

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5.

This order is issued by the Board pursuant to ORS 677.410, which grants the Board the

authority to attach conditions to the license of Licensee to practice medicine. These conditions

will remain in effect while the Board conducts a complete investigation in OTder to fully inform

itself with respect to the conduct of Licensee. Pursuant to ORS 677.425, Board investigative

materials are confidential and shall not be subject to public disclosure, nor shall they be admissible

as evidence in any judicial.proceeding. However, as a stipulation this Order is a public document

and is reportable to the National Databank and the Federation of State Medical Boards.

IT IS SO STIPULATED THIS / f dsy of > 2017.

IT IS SO ORDERED THIS "2- ° day of 2017.

OREGON MEDICAL BOARD State of Ores

MEDICAL DIRECTOR

Page 3 -INTERIMSTIPULATED ORDER - John William Griffin, MD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4In the Matter o f )

5 )JOHN S HARPER, LAC ) STIPULATED ORDER

6 LICENSE NO. AC01104 )

7

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including acupuncturists, in the State of

11 Oregon. John S Harper, LAc (Licensee) is a licensed acupuncturist in the State o f Oregon.

12 2 .

13 On May 3,2017, the Board opened an investigation after receiving a self-report from

14 Licensee o f an arrest for driving while under the influence o f intoxicants.

15 3.

16 Licensee and the Board desire to settle this matter by the entry o f this Stipulated Order.

17 Licensee understands that he has the right to a contested case hearing under the Administrative

18 Procedures Act (Oregon Revised Statutes chapter 183), and fully and finally waives the right to a

19 contested case hearing and any appeal therefrom by the signing o f this Order in the Board’s

20 records. Licensee neither admits nor denies, but die Board finds that Licensee engaged in

21 conduct that violated the Medical Practice Act, to wit: ORS 677.190(l)(a), unprofessional or

22 dishonorable conduct, as defined in ORS 677.188(4)(a). Licensee understands that this Order is

23 a publie record and is a disciplinary action that is reportable to the DataBank and the National

24 Certification Commission for Acupuncture and Oriental Medicine.

25 4.

26 Licensee and the Board agree that the Board will close this investigation and resolve this

27 matter by entry o f this Stipulated Order, subject to the following conditions:

Page 1 -STIPULATED ORDER - John S Harper, LAc

Page 27: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 4.1 Licensee surrenders his Oregon acupuncture license while under investigation.

2 4.2 Licensee must obey all Federal and Oregon State laws and regulations pertaining

3 to the practice o f acupuncture.

4 4.3 Licensee stipulates and agrees that any violation o f the terms o f this Order shall

5 be grounds for further disciplinary action under ORS 677.190(17).

6 5.

7 This Order becomes effective the date it is signed by the Board Chair.

8

9 IT IS SO STIPULATED this day o f A iM m 2017.

10 I

1 1 I

12

13 IT IS SO ORDERED this

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GON MEDICAL BOARD

pCHAEL J. MASTRANGELO, JR, MD sard Chair

Page 2 -STIPULATED ORDER - John S Harper, LAc

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] BEFORE THE

2 OREGON MEDICAL B O A R D

3 STATE OF OREGON

4In the Matter of )

* )THOMAS PAUL HENRY, MD ) STIPULATED ORDER

6 LICENSE NO. MD11446 )

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including physicians, in the State of

11 Oregon. Thomas Paul Henry, MD (Licensee) is a licensed physician in the State of Oregon.

12 2 .

13 On January 24,2017, the Board opened an investigation after receiving credible

14 information regarding Licensee’s medical practice and possible non-compliance with DEA

15 regulations which would constitute possible violations o f the Medical Practice Act.

16 3.

17 Licensee and the Board desire to settle this matter by the entry' of this Stipulated Order.

18 Licensee understands that he has the right to a contested case hearing under the Administrative

19 Procedures Act (Oregon Revised Statutes chapter 183), and fully and finally waives the right to a

20 contested case hearing and any appeal therefrom by the signing o f this Order in the Board’s

21 records. Licensee neither admits nor denies, but the Board finds that Licensee engaged in

22 conduct that violated the Medical Practice Act, to wit: ORS 677.190(1)(a), unprofessional or

23 dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.190 (23) violation o f the

24 federal Controlled Substances Act; and ORS 677.190(24) prescribing controlled substances

25 without a legitimate medical purpose, or prescribing controlled substances without following

26 accepted procedures for examination of patients, or prescribing controlled substances without

27 following accepted procedures for record keeping. Licensee understands that this Order is a

Page 1 -STIPULATED ORDER - Thomas Paul Henry, MD

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public record and is a disciplinary action that is reportable to the DataBank and the Federation of

State Medical Boards.

4.

Licensee and the Board agree that the Board will close this investigation and resolve this

matter by entry of this Stipulated Order, subject to the following conditions:

4.1 Licensee surrenders his Oregon medical license while under investigation.

4.2 Licensee must obey all Federal and Oregon State laws and regulations pertaining

to the practice of medicine.

4.3 Licensee stipulates and agrees that any violation o f the terms of this Order shall

be grounds for further disciplinary action under ORS 677.190(17).

5.

This Order becomes effective the date it is signed by the Board Chair.

IT IS SO STIPULATED this 6 / / 7 day of

IT IS SO ORDERED this

THOMAS PAUL HENRY, MD

hoisOREGON MEDICAL BOARD

ICHAEL J. ML oard Chair

Page 2 -STIPULATED ORDER - Thomas Paul Henry, MD

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BEFORE THE

OREGON MEDICAL BOARD

ST A T E O F O R E G O N

In the M atter o f )

MICHAEL POW EL HICKEN, MD ) STIPULATED ORDERLICENSE NO. M D 24159 )

1.

The Oregon M edical Board (Board) is the state agency responsible for licensing,

regulating and disciplining certain health care providers, including physicians, in the state of

Oregon. Michael Powel Hicken, MD (Licensee) is a physician licensed in the state o f Oregon.

2.

On February 14,2017 the Board issued a Complaint and Notice o f Proposed Disciplinary

Action (Complaint) in which the Board proposed taking disciplinary action by imposing up to

the maximum range o f potential sanctions identified in ORS 677.205(2), to include the

revocation o f license, a $10,000 fine, and assessment o f costs, pursuant to ORS 677.205 against

Licensee for violations o f the Medical Practice Act, to wit: ORS 677.190(l)(a) unprofessional or

dishonorable conduct, as defined by ORS 677.188(4)(a) and ORS 677.190(13) gross or repeated

acts o f negligence.A

Licensee and the Board desire to settle this matter by entry o f this Stipulated Order.

Licensee understands that he has the right to a contested case hearing under the Administrative

Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally waives the

right to a contested case hearing and any appeal therefrom by the signing o f and entry o f this

Order in the B oard’s records. Licensee admits that he engaged in the conduct described in the

Complaint referenced in paragraph 2 (above) and that this conduct violated ORS 677.190( 1 )(a),

as defined by ORS 677.188(4)(a) and ORS 677.190(13) gross or repeated acts o f negligence.

m

PAGE 1 - STIPULATED ORDER - Michael Powel Hicken, MD

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1 Licensee understands that this Order is a public record and is a disciplinary action that is

2 reportable to the National Data Bank and the Federation o f State M edical Boards.

3 4.

4 Licensee and the Board agree to resolve this matter by entering into this Stipulated Order

5 subject to the following terms and conditions:

6 4.1 Licensee is reprimanded.

7 4.2 Licensee must pay a civil penalty o f $5,000 no later than 60 days from the date

8 the Board Chair signs this Order.

9 4.3 Licensee is placed on probation for five years. Licensee must report in person to

10 the Board at each o f its quarterly meetings at the scheduled tiroes for a probation interview,

11 unless o therw ise d irec ted by the B oard 's C om pliance O fficer o r its In vestiga tive C om m ittee.

12 Interview's m ay be held electron ically , at the B oard’s discretion, between L icensee and the

13 Board’s Compliance Officer (or its designee) using Board established protocols for the location

14 and electronic transm ission o f the meeting. Licensee is responsible for supplying and

15 maintaining the equipm ent and technology necessary for him to participate in the electronic

16 meetings. Licensee will be notified if and when such meetings are scheduled in lieu o f an in

17 person appearance at a quarterly Board meeting.

18 4.4 W ithin 30 days from the date this Order is signed by the Board Chair, Licensee, at

19 his own expense, m ust enroll to undergo a comprehensive evaluation at the Center for

20 Personalized Education for Physicians (CPEP). Licensee must complete this evaluation within

21 180 days from the d a te th is O rder is signed by the B oard C hair, L icensee m u st sign all

22 necessary releases to allow full communication and exchange o f docum ents and reports between

23 the Board and CPEP. Licensee must ensure CPEP submits the evaluation reports directly to the

24 Board.

25 4.5 In the event that CPEP identifies the need for remedial education, Licensee m ust

26 contract with CPEP for the development o f an education plan within 30 days o f receipt of the

27 evaluation report, The cost o f the development o f an education plan m ust be borne by the

PAGE 2 - STIPULATED ORDER - Michael Powel Hicken, MD

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1 Licensee. Licensee m ust sign all necessary releases to allow full communication and exchange

2 o f documents and reports between the Board and CPEP. Licensee must ensure CPEP submits

3 the education plan reports directly to the Board.

4 4.6 Upon approval o f the educational plan by the Board’s Medical Director, Licensee

5 m ust successfu lly co m p le te the C PE P education plan, including any post-education evaluation,

6 within 18 months from the date the educational plan is approved. All costs associated with the

7 approved education plan m ust be borne by Licensee. Licensee must sign all necessary releases

8 to allow full com m unication and exchange o f documents and reports between the Board and

9 CPEP. Licensee m ust keep the Board apprised o f his compliance with the CPEP education plan

10 throughout the duration o f plan completion.

11 4.7 Licensee m ust provide the Board with written proof from CPEP upon successful

12 completion o f the approved education plan, including successful completion o f any post-

13 education evaluation, as defined above.

14 4.8 W ithin 180 days from the effective date o f this Order, Licensee must complete a

15 course on medical docum entation and a course on professional ethics that are pre-approved by

16 the Board’s Medical Director.

17 4.9 Licensee m ust im plement a system to ensure that all patients are timely informed

18 o f all medical test results, to include PAP smear results, and must have an effective system in

19 place for patient follow-up.

20 4.10 Licensee m ust not serve as a supervising physician for any physician assistant.

21 4.11 Licensee is subject to no notice chart audits at the direction o f Board staff.

22 4.12 Licensee may request modification o f the terms o f this order after three years o f

23 compliance with this Order.

24 4.13 L icensee stip u la tes and agrees that th is O rder becom es e ffec tiv e the date it is

25 signed by the Board Chair.

26 4.14 Licensee m ust obey all federal and Oregon state laws and regulations pertaining

27 to the practice o f medicine.

PAGE 3 - STIPULATED ORDER - Michael Powel Hicken, MD

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1 4.15 Licensee stipulates and agrees that any violation o f the terms o f this Order shall

2 be grounds for further disciplinary action under ORS 677.190( 17).

3

4 IT IS SO STIPULATED THIS / day o f S a J e ^ U r ,20 i7 . _

5

6

7IT IS SO ORDERED

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MICHAEL POW EL HICKEN j MD

s C dayof O c ^ > k » ^ 2017.

OREGON MEDICAL BOARD

w u u h a jSL M A8TRANGI lO A R D CHAIR

PAGE 4 - STIPULATED ORDER - Michael Powel Hicken, MD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 .STATE OF OREGON

4 • 3n the Matter of )

5 STEPHEN ARTHUR HUSSEY, MD ) COBBECT1VK ACTTON AGREEMENT6 LICENSE NO. MD2243U )

7

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible &r Hedging,

1® regulating sad disciplining certain, health cate providers, including physicians, in. the slate of

Oregon. Stephen ArlfrurHnssey, MD (Licensee) is a licensed physician In the state of Oregon

12 and holds an active Hecttsc.

13 2.14 Licensee is aboard certified family practice physidan practicing in Lakeview, Oregon,

13 The Board opened an investigation after receiving a report drat Licensee was prescribing opioid

16 medications in doses that could be unsafe.

17 3*18 Licensee and the Board now desire to SCtQo this matter by entry of this Agreement.

19 licensee understands that he has fee right to a contested case hearing under the Administrative

26 Praeeduraj Act {chapter 183), Oregon Revised Statutes, Licensee IbEy and finally waives the

21 right to a contested case hearing and any appeal fherelrtwn by die signing of and entry of Ibis

22 Agreement in die Board’s records. Tbe Board agrees to close fee conwrt investigation and does

23 not matte a finding in regard to any violation of ihc Medical Practice Act This Agreement is a

24 public doccnienf; however, it is not a disciplinary action. This document is reportable fo the

24 National Data Bank and the Federation of State Medical Boards.

2 5 J l l26 W

Page! - CORRECTIVE ACTION AjGREEM ENT - Stephen A rtor Hnssey, MD

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4.

In order to address tbc concerns of the Board and forjpurposes of resolving this

investigation, Licensee and the Board agree that the Board will close this investigation

contingent upon licensee agreeing to ti» following conditions:

4.1 Licensee agrees to participate in aa edncational program on i

chronic pain -which, is pro-approved by the B oaxd’s Medical Director, Licensee must allow

communications between the educational program and the Board.

42 Licensee's practice is subject to no-notice chart audilB by the Board's designers).

43 Ucensee must obey all federal and Oregon State laws and regulations pertaining

to the practice of medicine.

4.4 Licensee agrees that any violation of the (eons of (his Agreement constitutes

grounds to take disctplmaiy action under ORS 677.190(17).

IT IS SO STIPULATED THIS /T ^day of w j^ k r2 Q 1 7 ,

IT IS SO ORDERED THIS day of f~y

2CQN MEDICAL BOARD

ARD CHAIR.

Page 2 - CORRECTIVE ACTION AGREEMENT-Stephen ArUntrHusscy, WD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4 In the Matter o f )

5 )HEATHER ALAINE KAHN, MD ) STIPULATED ORDER

6 LICENSE NO. MD22858 ))

7

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including physicians, in the slate of

11 Oregon. Heather Alaine Kahn, MD (Licensee) is a licensed physician in the state o f Oregon and

12 holds an active license.

13 2.

14 On January 29, 2016, Licensee entered into an Interim Stipulated Order with the Board in

15 which she voluntarily agreed to certain restrictions to her prescribing o f scheduled controlled

16 substances for chronic pain. On July 28, 2016, the Board issued a Complaint and Notice o f

17 Proposed Disciplinary Action in which the Board proposed taking disciplinary action by

18 imposing up to the maximum range o f potential sanctions identified in ORS 677.205 to include

19 the revocation o f license, a $ 10,000 civil penalty per violation, and assessment o f costs, against

20 Licensee for violations o f the Medical Practice Act, to wit: ORS 677.190( I )(a) as defined by

21 ORS 677.188(4)(a); ORS 677.190(13) gross or repeated acts o f negligence; and ORS

22 677.190(24) prescribing controlled substances without a legitimate medical purpose or without

23 following accepted procedures For examination o f patients or for record keeping.

24 3.

24 The Board conducted a review o f Licensee’s treatment o f seven patients, which revealed

25 a pattern o f practice that breached the standard o f care and constituted a danger to the health or

26 safety o f her patients. Licensee's substandard pattern o f practice included the following:

Page 1 - STIPULATED ORDER - Heather Alaine Kahn, M.D.

Page 37: Oregon Medical Board BOARD ACTION REPORT...The information contained in this report summarizes new, interim, and final actions taken by the Oregon Medical Board between September 16,

1 Licensee prescribed excessive quantities o f opioids, often in combination with a benzodiazepine,

2 to treat chronic nonmalignant pain without docum ented clinical justification ; Licensee failed to

3 try other forms o f treatment to address patient complaints of pain, to include physical therapy,

4 before resorting to treatment with opioids; for some patients, Licensee employed high doses o f

5 methadone with little or no monitoring of cardiac function or regular office visits to assess

6 patient response, function and compliance with the treatment plan; Licensee provided an initial

7 pain contract and Material Risk Notification (MRN), but failed to update the contract and MRN

8 as the treatment plan changed; Licensee failed to adequately assess patient function during the

9 course o f treatment; Licensee failed to conduct an adequate risk assessment during the course o f

10 treatment with controlled substances that can induce dependence; Licensee failed to access the

11 prescription drug monitoring program (PDMP) to evaluate each patient’s compliance with the

12 treatm ent plan and failed to order urine drug screens (IJDS).

13 4.

14 Licensee and the Board desire to settle this matter by entry o f this Stipulated Order.

15 Licensee understands that she has the right to a contested case hearing under the Administrative

16 Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally waives the

17 right to a contested case hearing and any appeal therefrom by the signing o f and entry o f this

18 Order in the Board’s records. Licensee neither admits nor denies, but the Board finds that she

19 engaged in the conduct described in paragraph 3 (above) and that this conduct violated ORS

20 677.190( 1 )(a) as defined by ORS 677.188(4)(a); ORS 677.190( 13) gross or repeated acts of

21 negligence; and ORS 677.190(24) prescribing controlled substances without a legitimate medical

22 purpose or without following accepted procedures for examination o f patients or for record

23 keeping. Licensee understands that this Order is a public record and is a disciplinary action that

24 is reportable to the National Data Bank and the Federation o f State Medical Boards.

24 5.

25 Licensee and the Board agree to resolve this matter by the entry o f this Stipulated Order

26 subject to the following terms and conditions:

Page 2 - STIPULATED ORDER - Heather Alaine Kahn, M.D.

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1 5.1 Licensee is reprimanded.

2 5.2 Licensee must pay a civil penalty o f $5,000 within 180 days from the date the

3 Board Chair signs this Order.

4 5.3 At her own expense, Licensee must successfully complete the recommended

5 CPEP Education Plan, within 18 months from the date the CPEP Education Program is approved

6 by the Board’s Medical Director. Licensee must sign all necessary releases to authorize full

7 ongoing communication between the Board and CPEP, and Licensee must ensure that all reports

8 and the final written evaluation report from CPEP are provided promptly to the Board.

9 5.4 Licensee must provide the Board with written proof from CPEP upon successful

10 completion o f the recommended Education Program, including successful completion o f the

11 Post-Education Evaluation.

12 5.5 Within six months from the signing o f this Order by the Board Chair and at her

13 own expense. Licensee must successfully complete a course on medical documentation that is

14 pre-approved by the Board’s Medical Director.

15 5.6 Subsequent to, and within one year o f the completion o f the CPEP education plan,

16 Licensee must complete 20 hours o f Category I C.V1E regarding chronic pain that have been pre-

17 approved by the Medical Director. This CME may not be applied to the mandatory CME hours

18 required for license renewal.

19 5.7 Licensee must comply with Oregon Opioid Prescribing Guidelines.

20 5.8 Upon notification from CPEP that in order to complete the CPEP education plan,

21 Licensee’s prescribing privileges must not be limited by the Board, the Medical Director may

22 authorize the termination o f the Interim Stipulated Order o f January 29, 2016. Alternatively,

23 upon notification from CPEP that Licensee has completed the education plan, the Medical

24 Director may authorize the termination o f the Interim Stipulated Order. Licensee will be notified

24 in writing o f such a termination when and if it occurs.

25 5.9 Licensee stipulates and agrees that this Order becomes effective the dale it is

26 signed by the Board Chair.

Page 3 - STIPULATED ORDER - Heather Alaine Kahn. M.D.

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1 5.10 Licensee must obey all federal and Oregon state laws and regulations pertaining

2 to the practice o f medicine.

3 5.11 Licensee stipulates and agrees that any violation o f the terms o f this Order shall

4 be grounds for further disciplinary action under ORS 677.190(17).

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OREGON MEDICAL BOARD

NHChWELvMASTRANGELO, -iR- MD BOARD CHAIR

IT IS SO STIPULATED THIS

"ALAINE K A H N /M D

IT IS SO ORDERED THIS J day of

Page 4 - STIPULATED ORDER - Heather Alaine Kahn. M.D.

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter of ))

DANIEL DUANE KORT, MD ) ORDER TERMINATING STIPULATEDLICENSE NO. MD18043 ) ORDER AND ORDER MODIFYING

) STIPULATED ORDER

1.

On April 2, 2015, Daniel Duane Kort, MD (Licensee) entered into a Stipulated Order

with the Oregon Medical Board (Board). This Order placed Licensee on probation with certain

conditions. On April 4, 2016, the Board issued an Order Modifying Stipulated Order. On June

26, 2017, Licensee submitted a written request to terminate these Orders.

2.

Having fully considered Licensee’s request and his successful compliance with the terms

of these Orders, the Board terminates the April 2, 2015, Stipulated Order, and April 4,2016,

Order Modifying Stipulated Order, effective the date this Order is signed by the Board Chair.

IT IS SO ORDERED this 5th day of October, 2017.

OREGON MEDICAL BOARD

Board Chair

Page -1 ORDER TERMINATING STIPULATED ORDER AND ORDER MODIFYINGSTIPULATED ORDER - Daniel Duane Kort, MD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4In the Matter of )

5 )CHRISTIAN THANH LE, MD ) STIPULATED ORDER

6 LICENSE NO. MD 153577 )

7 '

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including physicians, in the State of

11 Oregon. Christian Thanh Le, MD (Licensee) is a licensed physician in the State of Oregon.

12 2 .

13 The Board has opened multiple investigations based upon allegations of possible

14 violations of the Medical Practice Act. On October 13, 2015, and April 6, 2016, Licensee

15 entered into Interim Stipulated Orders with the Board restricting his medical practice. On April

16 4,2016, the Board issued a Complaint and Notice of Proposed Disciplinary Action, alleging

17 violations of the Medical Practice Act. On November 23, 2016, the Board issued an Amended

18 Complaint and Notice o f Proposed Disciplinary Action alleging the same violations. On June

19 23, 2017, The Medical Board of California issued a Default Decision and Order in which

20 Licensee’s California medical license was revoked.

21 3.

22 Licensee and the Board desire to settle this matter by the entry o f this Stipulated Order.

23 Licensee understands that he has the right to a contested case hearing under the Administrative

24 Procedures Act (Oregon Revised Statutes chapter 183), and fully and finally waives the right to a

25 contested case hearing and any appeal therefrom by the signing of this Order in the Board’s

26 records. Licensee neither admits nor denies, but the Board finds that Licensee engaged in

27 conduct that violated the Medical Practice Act, to wit: ORS 677.190(1 )(a), unprofessional or

Page 1 -STIPULATED ORDER - Christian Thanh Le, MD

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1 dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.190(13) gross or repeated acts

2 of negligence; ORS 677.190(15) disciplinary action by another state of a license to practice; and

3 ORS 677.190( 17) willfully violating any rule adopted by the Board. Licensee understands that

4 this Order is a public record and is a disciplinary action that is reportable to the DataBank and

5 the Federation of State Medical Boards.

6 4.

7 Licensee and the Board agree that the Board will close the investigations and resolve this

8 matter by entry o f this Stipulated Order, subject to the following conditions:

9 4.1 Licensee is assessed a $ 1,000 civil penalty, payable in full within 60 days from

10 the effective date of this Order.

11 4.2 Licensee surrenders his Oregon medical license while under investigation.

12 4.3 Licensee must obey all Federal and Oregon State laws and regulations pertaining

13 to the practice of medicine.

14 4.4 Licensee stipulates and agrees that any violation of the terms of this Order shall

15 be grounds for further disciplinary action under ORS 677.190( 17).

16 5.

17 This Order becomes effective the date it is signed by the Board Chair.

18

19 IT IS SO STIPULATED this 20th day of September 2017.

CHRISTIAN THANH LE, MD22

23 IT IS SO ORDERED this _ day. of __2017.

24 OREGON MEDICAL BOARD ____________

26 T J o K E ^ f f i A ^ H N G E B j R ^ ^ ^ ^Board Chair

27

Page 2 -STIPULATED ORDER - Christian Thanh Le, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter o f ))

CHRISTIAN THANH LE, MD ) ORDER TERMINATING INTERIMLICENSE NO. MD153577 ) STIPULATED ORDERS

)

1.

On October 13, 2015, Christian Thanh Le, MD (Licensee) entered into an Interim

Stipulated Order with the Oregon Medical Board (Board). This Order placed conditions on

Licensee’s Oregon medical license. On April 6,2016, Licensee entered into a second Interim

Stipulated Order with the Board which placed additional conditions on Licensee’s medical

license. On October 5, 2017, Licensee surrendered his medical license while under

investigation.

2.

Having fully considered Licensee’s surrender o f his license, the Board terminates the

October 13, 2015, and April 6, 2016, Interim Stipulated Orders, effective the date this Order is

signed by the Board Chair.

IT IS SO ORDERED this 5th day o f October, 2017.

OREGON MEDICAL BOARD

iL MASTRANGELO, MD Board Chair

Page -1 ORDER TERMINATING INTERIM STIPULATED ORDERS - Christian Thanh Le, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter o f ))

KESSA MAURAS, DPM ) ORDER TERMINATING STIPULATEDLICENSE NO. DP153769 ) ORDER AND ORDER MODIFYING

) STIPULATED ORDER

1.

On October 2, 2014, Kessa Mauras, DPM (Licensee) entered into a Stipulated Order with

the Oregon Medical Board (Board). This Order placed conditions on Licensee’s Oregon

podiatric license. On January 7, 2016, the Board issued an Order Modifying Stipulated Order.

On March 15,2017, Licensee submitted a written request to terminate these Orders.

2.

Having fully considered Licensee’s request and her successful compliance with the terms

of these Orders, the Board terminates the October 2, 2014, Stipulated Order and the January 7,

2016, Order Modifying Stipulated Order, effective the date this Order is signed by the Board

Chair.

IT IS SO ORDERED this 5th day of October, 2017

OREGON MEDICAL BOARD State of Oreeon

jlCHAEL MA Board Chair

Page -1 ORDER TERMINATING STIPULATED ORDER AND ORDER MODIFYINGSTIPULATED ORDER - Kessa Mauras, DPM

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1 BEFO RE THE

2 O REGON M EDICAL BOARD

3 STATE OF OREGON

In the Matter of )5 )

JOSEPH PATRICK MCCARTHY, MD ) STIPULATED ORDER 6 LICENSE NO. MD 19499 )

>8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including physicians, in the State of

11 Oregon. Joseph Patrick McCarthy, MD (Licensee) is a licensed physician in the State of Oregon.

12 2 .

13 On April 11, 2016, the Board opened an investigation after receiving credible information

14 regarding Licensee’s prescribing of methadone. On December 7, 2016, the Board opened a

15 second investigation regarding Licensee’s care for a patient suffering from withdrawal from

16 narcotics. On July 13, 2017, Licensee entered into an Interim Stipulated with the Board in which

17 he agreed to cease the prescribing of all scheduled medication pending the completion of the

18 Board's investigations.

19 3.

20 Licensee and the Board desire to settle these matters by the entry of this Stipulated Order.

21 Licensee understands that he has the right to a contested case hearing under the Administrative

22 Procedures Act (Oregon Revised Statutes chapter 183), and fully and finally waives the right to a

23 contested case hearing and any appeal therefrom by the signing of this Order in the Board’s

24 records. Licensee neither admits nor denies, but the Board finds that Licensee engaged in

25 conduct that violated the Medical Practice Act, to wit: ORS 677.190(l)(a), unprofessional or

26 dishonorable conduct, as defined in ORS 677.188(4)(a); 677.190(13) gross or repeated acts of

27 negligence; and 677.190(23) violation of the federal Controlled Substances Act. Licensee

Page 1 -STIPULATED ORDER — Joseph Patrick McCarthy, MD

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1 understands that this O rder is a public record and is a disciplinary action that is reportable to the

2 D ataBank and the Federation o f State M edical Boards.

3 4.

4 L icensee and the B oard agree that the B oard will close these investigations and resolve

5 the m atters by entry o f this Stipulated Order, subject to the follow ing conditions:

6 4.1 Licensee retires his O regon medical license w hile under investigation.

7 4.2 The Interim Stipulated Order o f July 13, 2017, term inates effective the date the

8 Board Chair signs this Order.

9 4.2 Licensee m ust obey all Federal and Oregon State laws and regulations pertaining

10 to the practice o f m edicine.

11 4.3 Licensee stipulates and agrees that any violation o f the term s o f this O rder shall

12 be grounds for further disciplinary action under ORS 677.190(17).

13 5.

14 This Order becom es effective the date it is signed by the B oard Chair.

1516 IT IS SO STIPULATED this i o " day o f _2017.

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day o f O c p u / 2017.

O REGON M ED ICA L BOARD

M ICHA EL J. M ASTRANGELO , JR, M D Bobrd Chair

Page 2 -STIPULATED ORDER - Joseph Patrick McCarthy, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter o f

GERALD PETER McMANAMA III, MD LICENSE NO. MD 160341

STIPULATED ORDER

1.

The Oregon Medical Board (Board) is the state agency responsible for licensing,

regulating and disciplining certain health care providers, including physicians, in the State of

Oregon. Gerald Peter McManama, III, MD (Licensee) is a licensed physician in the State of

Oregon.

2.

On November 23,2016, the Board issued a Complaint and Notice o f Proposed

Disciplinary Action in which the Board proposed taking disciplinary action by imposing up to

the maximum range o f potential sanctions identified in ORS 677.205(2), to include the

revocation o f license, a $10,000 civil penalty, and assessment o f costs, against Licensee for

violations o f the Medical Practice Act, to wit: ORS 677.190(l)(a) unprofessional or dishonorable

conduct, as defined in ORS 677.188(4)(a); and ORS 677.190(13) gross or repeated acts o f

negligence.

3.

Licensee and the Board desire to settle this matter by entry o f this Stipulated Order.

Licensee understands that he has the right to a contested case hearing under the Administrative

Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally waives the

right to a contested case hearing and any appeal therefrom by the signing o f and entry o f this

Order in the Board’s records. Licensee neither admits nor denies, but the Board finds that he

engaged in the conduct described in the Complaint and Notice o f Proposed Disciplinary Action

dated November 23,2016, and that this conduct violated ORS 677.190(l)(a), as defined in ORS

Page 1 -STIPULATED ORDER - Gerald Peter McManama, III, MD

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1 677.188(4)(a) and ORS 677.190(13) gross or repeated acts o f negligence. Licensee understands

2 that this Order is a public record and is a disciplinary action that is reportable to the National

3 Data Bank and the Federation of State Medical Boards.

4 4.

5 Licensee and the Board agree to resolve this matter by the entry o f this Stipulated Order

6 subject to the following terms and conditions:

7 4.1 Licensee must have a board certified vascular, cardiothoracic or neurosurgeon,

8 pre-approved by the Board’s Medical Director, act as a proctor and observe Licensee’s first

9 fifteen (15) carotid surgeries (from initial incision to completion o f surgery). Upon completion

10 of the fifteen surgeries, the proctor must submit a written report to the Board’s Medical Director

11 assessing Licensee’s surgical skill and competence. Licensee may then request a modification or

12 termination o f this term with a recommendation provided by the proctor in the submitted report.

13 At the Board’s sole discretion, additional proctored operative procedures may be required based

14 upon the proctor’s submitted report. Licensee will be notified in writing if additional operative

15 procedures are required to fulfill this term.

16 4.2 Licensee must obtain a board certified vascular, cardiothoracic or neurosurgeon,

17 pre-approved by the Board’s Medical Director, to act as a mentor and review Licensee’s medical

18 records to determine appropriate indications prior to scheduling carotid surgeries. Licensee and

19 his mentor must also meet at least once monthly to discuss and review cases, which must include

20 a review of the outcome of surgeries, and post-operative follow-up. The mentor must submit a

21 written report every two months to the Board’s Medical Director. Licensee may request

22 modification o f this term after six months of compliance with the terms of this Order and a

23 positive endorsement from the mentor.

24 4.3 Within 180 days from the effective date o f this Order, Licensee must complete a

25 medical documentation course that is pre-approved by the Board’s Medical Director.

26 4.4 Within 180 days from the effective date of this Order, Licensee must complete a

27 communications course that is pre-approved by the Board’s Medical Director.

28 I I I

Page 2 -STIPULATED ORDER - Gerald Peter McManama, III, MD

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4.5 Licensee and his practice are subject to no notice office visits and chart audits

conducted by the Board’s designee.

4.6 Terms 4.1 through 4.5 o f this Order will be held in abeyance should Licensee

relocate to another state and no longer actively practice medicine in the State of Oregon.

4.7 Licensee stipulates and agrees that this Order becomes effective the date it is

signed by the Board Chair.

4.8 Licensee must obey all federal and Oregon state laws and regulations pertaining

to the practice o f medicine.

4.9 Licensee stipulates and agrees that any violation of the terms o f this Order shall

be grounds for further disciplinary action under ORS 677.190(17).

IT IS SO STIPULATED THIS T day o f ^ lALvj ,2017.

GERALD PETER MCMANAM*CflCMD

^ day of ,2017.IT IS SO ORDERED THIS O day

OREGON MEDICAL BOARD

Page 3 -STIPULATED ORDER - Gerald Peter McManama, III, MD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4 In the Matter of )

5 DOUGLAS KENT MCVEY, PA j ORDER TERMINATING, LICENSE NO. PA00622 ) STIPULATED ORDER6 )7

8 1.

9 On October 8, 2015, Douglas Kent McVey, PA (Licensee) entered into a Stipulated

10 Order with the Oregon Medical Board (Board). This Order placed conditions on Licensee’s

11 Oregon physician assistant license. On May 18, 2017, Licensee submitted a written request to

12 terminate this Order.

13 2.

14 Having fully considered Licensee’s request and his successful compliance with the terms

15 of this Order, the Board terminates the October 8, 2015, Stipulated Order, effective the date this

16 Order is signed by the Board Chair.

17

18 IT IS SO ORDERED this 5th day o f October, 2017.

19 OREGON MEDICAL BOARD20 State of Oregon

21

22 ™ 1ICHAEL M ASm ANGELO, MD2 2 uoard Chair

24

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26

27

Page -1 ORDER TERMINATING STIPULATED ORDER - Douglas Kent McVey, PA

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4In the Matter of )

5 )LARRY RICHARD MYERS, MD ) STIPULATED ORDER

6 LICENSE NO. MD21360 )

8 1.

9 The Oregon Medical Board (Board) is the state agency responsible for licensing,

10 regulating and disciplining certain health care providers, including physicians, in the State of

11 Oregon. Larry Richard Myers, MD (Licensee) is a licensed physician in the State of Oregon.

12 2.

13 On February 13,2017, Licensee voluntarily entered into an Interim Stipulated Order with

14 the Board in which he agreed to conduct all clinical encounters with female patients in the

15 presence of a medically trained chaperone pending the completion of the Board's investigation.

16 On April 6,2017, the Board issued a Complaint and Notice of Proposed Disciplinary Action

17 alleging violations of the Medical Practice Act,

18 3.

19 Licensee and the Board desire to settle this matter by the entry of this Stipulated Order.

20 Licensee understands that he has the right to a contested case hearing under the Administrative

21 Procedures Act (Oregon Revised Statutes chapter 183), and fully and finally waives the right to a

22 contested case hearing and any appeal therefrom by the signing of this Order in the Board’s

23 records. The Board finds that Licensee engaged in conduct that violated the Medical Practice

24 Act, to wit: ORS 677.190(l)(a), unprofessional or dishonorable conduct, as defined in ORS

25 677.188(4)(a), Licensee understands that this Order is a public record and is a disciplinary

26 action that is reportable to the DataBank and the Federation o f State Medical Boards.

27 H I

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Licensee and the Board agree that the Board will close this investigation and resolve this

matter by entry of this Stipulated Order, subject to the following conditions:

4.1 Licensee surrenders his Oregon medical license while under investigation,

4.2 The Interim Stipulated Order of February 13,2017, terminates effective the date

the Board Chair signs this Order.

4.2 Licensee must obey all Federal and Oregon State laws and regulations pertaining

to the practice o f medicine.

4.3 Licensee stipulates and agrees that any violation of the terms of this Order shall

be grounds for further disciplinary action under ORS 677.190(17).

5.

This Order becomes effective the date it is signed by the Board Chair.

IT IS SO STIPULATED this _ day of k & f ' 2017.

IT IS SO ORDERED this 2017.

LARRY RljCHARD MYERS, MD

MEDICAL BOARD

ICHAEL J. MA

oard Chair

Page 2 -STIPULATED ORDER -- Larry Richard Myers, MD

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1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

4 In the Matter of )

5 MARK CALVIN ROWLEY, MD ) ORDER TERMINATING. LICENSE NO. MD18314 ) STIPULATED ORDER6 )7

8 1.

9 On January 8, 2015, Mark Calvin Rowley, MD (Licensee) entered into a Stipulated Order

10 with the Oregon Medical Board (Board). This Order placed Licensee on probation with certain

11 conditions. On June 15, 2017, Licensee submitted a written request to terminate this Order.

12 2 .

13 Having fully considered Licensee’s request and his successful compliance with the terms

14 o f this Order, the Board terminates the January 8, 2015, Stipulated Order, effective the date this

15 Order is signed by the Board Chair.

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17 IT IS SO ORDERED this 5th day of October, 2017.

1 ROREGON MEDICAL BOARD

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GELO, MDIICHAEL MAST Board Chair

Page -1 ORDER TERMINATING STIPULATED ORDER - Mark Calvin Rowley, MD

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BEFORE THE

O R EG O N M E D IC A L BOARD

STATE O F O R EG O N

In the M atter o f ))

AW AIS A SG H A R SID D IK I, M D LIC EN SE N O M D 176723 )

)

) IN T E R IM STIPU LA T E D O RD ER

T he O regon M edical B oard (Board) is the state agency responsible for licensing,

regulating and d iscip lin ing certain health care providers, including physicians, m the state o f

Oregon. Awais A sghar S iddiki, M D (Licensee) is a licensed physician in the state o f Oregon and

holds an active m edical license

T he B oard received credible inform ation regard ing L icensee that resulted in the Board

initiating an investigation. T he results o f the B oard ’s investigation to date have raised concerns

to the extent that the B oard believes it necessary that L icensee agree to certain term s until the

investigation is com pleted

In order to address the B o ard ’s concerns, L icensee and the Board agree to the entry o f

this Interim S tipulated Order, w hich is not an adm ission o f any w rongdoing on the part o f the

Licensee, and w ill rem ain m effect w hile this m atter rem ains under investigation, and provides

that L icensee shall com ply w ith the follow ing conditions-

3.1 L icensee m ust not exam ine or treat any patien t in O regon unless the Licensee and

patient are both w ith in the borders o f O regon and are physically present together in a clinical

setting

3 2 L icensee understands that violating any term o f this O rder w ill be grounds for

disciplinary action u nder ORS 677.190(17).

2 .

3.

1 - INTERIM STIPULATED ORDER - Awais Asghar Siddiki, MD

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3.3 L icensee understands this O rder becom es effective the date he signs it.

4.

At the conclusion o f the B oard’s investigation, the B oard will decide w hethei to close the

case or to proceed to som e form o f d iscip linary action I f the Board determ ines, follow ing that

review , not to lift the requirem ents o f this Order, L icensee m ay request a hearing to contest that

decision

5

This order is issued by the B oard pursuant to ORS 677 410, w hich grants the B oard the

authority to attach conditions to the license o f L icensee to practice m edicine. T hese conditions

w ill rem ain m effect w h ile the B oard conducts a com plete investigation in o idei to hilly inform

itse lf w ith respect to the conduct o f L icensee Pursuant to ORS 677.425, B oard investigative

m aterials are confidential and shall not be subject to public disclosure, nor shall they be adm issible

as evidence in any ju d ic ia l proceeding H ow ever, as a stipulation this O rder is a public docum ent

and is reportable to the N ational D atabank and the Federation o f State M edical Boards

IT IS SO ST IPU L A TE D TH IS f O day o f 2017

A W A IS A SG H A R SIDDIKI, M D

IT IS SO O R D ER ED TH IS 1 2 day o f , 2 0 1 7

O R EG O N M EDTCAL B O A RD State o f Oregon

K A TH LEEN H A LEY , JD EX EC U TIV E D IR EC TO R

Page 2 - INTERIM STIPULATED ORDER - Awais Asghar Siddiki, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter o f ))

SHAWN MICHAEL SILLS, MD )LICENSE NO. MD25091 )

)

1.

On July 12,2012, Shawn Michael Sills, MD (Licensee) entered into a Stipulated Order

with the Oregon Medical Board (Board). This Order placed Licensee on probation with certain

conditions. On September 6, 2012, the Board issued an Order Modifying Stipulated Order. The

Board issued additional Orders Modifying Stipulated Order on July 10,2014, and October 2,

2014. On March 27,2017, Licensee submitted a written request to terminate this Order.

2 .

Having fully considered Licensee’s request and his successful compliance with the terms

of this Order, the Board terminates the July 12, 2012, Stipulated Order, and the September 6,

2012, July 10,2014, and October 2,2014, Orders Modifying Stipulated Order effective the date

this Order is signed by the Board Chair.

IT IS SO ORDERED this 5th day of October, 2017.

OREGON MEDICAL BOARD

AEL MASTRANGELO.

ORDER TERMINATING STIPULATED ORDER AND ORDERS MODIFYING STIPULATED ORDER

Page -1 ORDER TERMINATING STIPULATED ORDER AND ORDERS MODIFYINGSTIPULATED ORDER - Shawn Michael Sills, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter of ))

MARK EDWARD TABOR, PA ) ORDER TERMINATINGLICENSE NO. PA00726 ) CORRECTIVE ACTION AGREEMENT

)

1.

On April 3, 2014, Mark Edward Tabor, PA (Licensee) entered into a Corrective Action

Agreement with the Oregon Medical Board (Board). This Agreement placed conditions on

Licensee’s Oregon license. On May 30, 2017, Licensee submitted documentation that he has

successfully completed all terms o f this Agreement and requested that this Agreement be

terminated.

2 .

The Board has reviewed the documentation submitted by Licensee and has determined

that Licensee has successfully complied with all o f the terms of this Agreement. The Board

terminates the April 3,2014, Corrective Action Agreement, effective the date this Order is

signed by the Board Chair.

IT IS SO ORDERED this 5th day of October, 2017

OREGON MEDICAL BOARD State of Oregon

1ICHAEL MASTRANGRLO, JR, MD ioard Chair

Page -1 ORDER TERMINATING CORRECTIVE ACTION AGREEMENT - Mark Edward Tabor, PA

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter of ))

ALBERT PRATHER THOMPSON, MD ) ORDER TERMINATINGLICENSE NO. MD13058 ) STIPULATED ORDER

)

1.

On October 8, 2015, Albert Prather Thompson, MD (Licensee) entered into a Stipulated

Order with the Oregon Medical Board (Board). This Order placed conditions on Licensee’s

Oregon medical license. On March 15, 2017, Licensee submitted a written request to terminate

this Order.

2 .

Having fully considered Licensee’s request and his successful compliance with the terms

of this Order, the Board terminates the October 8, 2015, Stipulated Order, effective the date this

Order is signed by the Board Chair.

IT IS SO ORDERED this 5th day of October, 2017.

OREGON MEDICAL BOARD of Ores

IICHAEL MASTRANGELO, MD Joard Chair

Page -1 ORDER TERMINATING STIPULATED ORDER - Albert Prather Thompson, MD

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter of ))

ROBERT YOJI YAMANE, MD ) ORDER TERMINATINGLICENSE NO. MD 166301 ) CORRECTIVE ACTION AGREEMENT

)

1.

On October 6, 2016, Robert Yoji Yamane, MD (Licensee) entered into a Corrective

Action Agreement with the Oregon Medical Board (Board). This Agreement placed conditions

on Licensee’s Oregon license. On June 21, 2017, Licensee submitted documentation that he has

successfully completed all terms of this Agreement and requested that this Agreement be

terminated.

2 .

The Board has reviewed the documentation submitted by Licensee and has determined

that Licensee has successfully complied with all of the terms of this Agreement. The Board

terminates the October 6, 2016, Corrective Action Agreement, effective the date this Order is

signed by the Board Chair.

IT IS SO ORDERED this 5th day of October, 2017.

OREGON MEDICAL BOARD State of Oregon

: h a e l m a s t r a n g e l o , j r , m dBoard Chair

Page -1 ORDER TERMINATING CORRECTIVE ACTION AGREEMENT -R o b ert YojiYamane, MD