minutes august 7, 2019 state of new hampshire board of ... · 7.08.2019 · 3 minutes public...

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MINUTES

August 7, 2019

STATE OF NEW HAMPSHIRE

BOARD OF MEDICINE

The regularly scheduled meeting of the New Hampshire Board of Medicine was held at 121

South Fruit Street, Concord, New Hampshire on the above date, beginning at 8:00 A.M. Unless

otherwise indicated, the members present and participating were: Daniel P. Potenza, M.D., Vice

President; Michael Barr, M.D.; Gilbert J. Fanciullo, M.D.; David C. Conway, M.D.; Jonathan

Ballard, MD, MPH, DHHS Medical Director; Susan M. Finerty, P.A.; Nina C. Gardner, Public

Member; Donald L. LeBrun, Public Member and Linda Tatarczuch, Public Member. Absent

were: Emily R. Baker, M.D., President and John H. Wheeler, D.O.

Dr. Potenza, Board Vice President, opened the meeting at 8:00 A.M.

Motion to commence 1st non-public session:

On motion of Dr. Potenza, seconded by Dr. Fanciullo, at 8:01 A.M., the Board voted to

conduct a non-public session for the purpose of discussing investigations of alleged licensee

misconduct, physician applications with irregularities and other confidential Board business and

noting that such a non-public session is authorized by RSA 91-A:3, II (c), RSA 91-A:3, II (e),

RSA 91-A:5, IV, RSA 329:18, I, RSA 329:18-a, IV, RSA 329:29, Lodge v. Knowlton, 119 N.H.

574 (1978), and the Board's executive and deliberative privileges. Each member recorded his or

her vote on the motion, which passed by the unanimous poll vote of all members present.

1st NON-PUBLIC SESSION:

[Minutes kept separately]

Motion to keep minutes of 1st non-public session confidential:

Upon the motion of Dr. Potenza and the second of Dr. Fanciullo, at 12:18 P.M. the

Board voted to withhold the minutes of the preceding non-public session from public disclosure

pursuant to RSA 91-A:3, III on the grounds that public disclosure would be likely to affect

adversely the reputation of a person other than a board member and/or to render the proposed

action ineffective and/or is not subject to public disclosure pursuant to RSA 329:18, I, RSA

329:18-a, IV or RSA 329:29. However, forty-eight hours after the mailing of any order, its

respective vote shall automatically become public in accordance with RSA 329:18-a. Each

member recorded his or her vote on the motion, which passed by the unanimous poll vote of all

members present.

On motion of Dr. Potenza, seconded by Dr. Fanciullo, the Board voted to go into

public session at 12:18 P.M.

Conference With Counsel:

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On motion of Dr. Potenza, seconded by Dr. Barr, at 1:17 P.M., the Board went to

non-meeting for a conference with Board Counsel. Unanimous. The Board came out of

non-meeting at 1:35 P.M.

Motion to commence 2nd

non-public session:

On motion of Dr. Potenza, seconded by Dr. Fanciullo, at 3:12 P.M., the Board voted to

conduct a non-public session for the purpose of discussing investigations of alleged licensee

misconduct and other confidential Board business and noting that such a non-public session is

authorized by RSA 91-A:3, II (c), RSA 91-A:3, II (e), RSA 91-A:5, IV, RSA 329:18, I, RSA

329:18-a, IV, RSA 329:29, Lodge v. Knowlton, 119 N.H. 574 (1978), and the Board's executive

and deliberative privileges. Each member recorded his or her vote on the motion, which passed

by the unanimous poll vote of all members present.

2nd

NON-PUBLIC SESSION:

[Minutes kept separately]

Motion to keep minutes of 2nd

non-public session confidential:

Upon the motion of Dr. Ballard and the second of Dr. Fanciullo, at 4:38 P.M. the Board

voted to withhold the minutes of the preceding non-public session from public disclosure

pursuant to RSA 91-A:3, III on the grounds that public disclosure would be likely to affect

adversely the reputation of a person other than a board member and/or to render the proposed

action ineffective and/or is not subject to public disclosure pursuant to RSA 329:18, I, RSA

329:18-a, IV or RSA 329:29. However, forty-eight hours after the mailing of any order, its

respective vote shall automatically become public in accordance with RSA 329:18-a. Each

member recorded his or her vote on the motion, which passed by the unanimous poll vote of all

members present.

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MINUTES

PUBLIC SESSION

BOARD OF MEDICINE

August 7, 2019

MEETINGS/INTERVIEWS/HEARINGS WITH THE BOARD:

12:00 P.M. – Michael Bullek, BSP, R.Ph, Administrator/Chief of Compliance, NH Board of

Pharmacy – discussion regarding contraceptives.

Board Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr. Fanciullo, Mr.

Bullek to seek legislation to remove age restrictions from the law. Unanimous.

1:00 P.M. – Hearing regarding Concetta Oteri-Ahmadpour, D.O., Docket #19-07.

Board Action: 8/7/19 – Hearing held.

Actions authorized during 1st non-public session:

I. NEW APPLICATIONS:

PHYSICIAN LICENSES: Board Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr.

Conway, approved for full license. Dr. Potenza and Dr. Fanciullo absent. All others concurred.

Dr. Barr chaired the meeting in Dr. Potenza’s absence.

BRISKI, David C., M.D. – Orthopaedic Surgery – University of Queensland in Australia,

2013.

CLAIN, Jeremy M., M.D. – Internal Medicine (Board Certified) – New York University

School of Medicine, 2008.

GREER, Stephan, D.O. – Vascular Surgery (Board Certified) – Kirksville College of

Osteopathic Medicine, 1979.

JOHNSON, Carolyn M., M.D. – Family Practice (Board Certified) – Dartmouth Medical

School, 2013.

LU, Mengdi, M.D. – Pediatics (Board Certified) – Albany Medical College, 2013.

MISRA, Meghna V., M.D. – General Surgery (Board Certified) – Tufts University School

of Medicine, 2004.

MOTA, Prerna, M.D. – Internal Medicine (Board Certified) – Kasturba Medical College

Manipal University in India, 2008.

PEPPERCORN, Robert M., M.D. – Dermatology (Board Certified) – John Hopkins

University, 1978.

4

RAHMAN, Fazlu, M.D. – Internal Medicine (Board Certified) – University of Illinois

College of Medicine, 1982.

RICE, John A., M.D. – Internal Medicine (Board Certified) – Tufts University School of

Medicine, 1986.

SIDDIQUI, Sana, M.D. – Internal Medicine (Board Certified) – Saba University School

of Medicine in Netherlands, 2012.

LOCUM

TENENS LICENSES: Board Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr.

Conway, approved for locum tenens license. Dr. Potenza and Dr. Fanciullo absent. All others

concurred. Dr. Barr chaired the meeting in Dr. Potenza’s absence.

OSEI, Isaac, M.D.

SANTOS, Miguel A.E., M.D.

PA LICENSES: Board Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr. Conway,

approved for full license. Dr. Potenza and Dr. Fanciullo absent. All others concurred. Dr. Barr

chaired the meeting in Dr. Potenza’s absence.

CANDELLA, Sandi, P.A.

CONSENT TEMPORARY


Conway, approved for temporary license. Dr. Potenza and Dr. Fanciullo absent. All others


AYER, Chadani, M.D. – Internal Medicine (Board Certified) – Sichuan University in

China, 2008.

CONSENT


Conway, approved for full license. Dr. Potenza and Dr. Fanciullo absent. All others concurred.

Dr. Barr chaired the meeting in Dr. Potenza’s absence.

ADAMO, Philip, M.D. – Occupational Medicine (Board Certified) – Universidad Del

Noreste in Mexico, 1982.

AHMAD, Bilal R., M.D. – Pathology (Board Certified) – State University of New York

at Stoney Brook Health School of Medicine, 2006.

ALI, Sherry A., D.O. – Family Practice – New York College of Osteopathic Medicine,

2016.

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BAKER, Philip, M.D. – Family Practice – Saba University School of Medicine in

Antilles, 2016.

BALINTONA, John M., M.D. – OB/GYN (Board Certified) – Uniformed Services

University of the Health Sciences, 1996.

BASYUK, Yaroslav, M.D. – Orthopeadic Surgery – University of Medicine & Dentistry

of New Jersey, 2013.

BREECKER, Steven W., M.D. – Internal Medicine (Board Certified) – Tufts University


CHESHIRE, Amanda L., M.D. – Neurology (Board Certified) – University of Louisville


COLUCCI, Andrew T., M.D. – Diagnostic Radiology – Boston University School of

Medicine, 2012.

CORBETT, Kelly L., M.D. – Pediatrics (Board Certified) – Dartmouth Medical School,

2013.

DAXON, Benjamin T., M.D. – Anesthesiology (Board Certified) – University of

Oklahoma Health Science Center, 2009.

ELLIOTT, Kathryn J., M.D. – Neurology (Board Certified) – Cumming School of

Medicine University of Calgary in Canada, 1985.

FAZAL, Zanira, M.D. – Internal Medicine (Board Certified) – University of the Punjab in

Pakistan, 2005.

FORTNEY, Thomas A., M.D. – Orthopeadic Surgery – Marshall University School of

Medicine, 2016.

GAJIC, Ognjen, M.D. – Internal Medicine (Board Certified) – University of Sarajevo, in

Bosnia, 1987.

GALLO DE MORAES, Alice, M.D. – Internal Medicine (Board Certified) – Pontifica

Universidade Catolica Do Rio Grande Do Sul in Brazil, 2006.

GERHART, Adriennel L., D.O. – Family Practice (Board Certified) – Lake Erie College

of Osteopathic Medicine, 2005.

GUO, Chao, M.D. – Internal Medicine (Board Certified) – St. George’s University in

Grenada West Indies, 2015.

HOANG, Julia L., M.D. – Psychiatry (Board Certified) – Ross University in Dominica,

2013.

6

HUNG, Virginia S., M.D. – Plastic Surgery (Board Certified) – Harvard Medical School,

1997.

JAYARAMAN, Anu G., M.D. – Dermatology (Board Certified) – University of Florida


JI, Hoon, M.D. – Diagnostic Radiology (Board Certified) – Yonsei University in Lorea,

1985.

JOHNSTON, Sean L., M.D. – Diagnostic Radiology (Board Certified) – Mayo Medical

School, 1998.

KALNOKI-KIS, Emese, M.D. – Plastic Surgery (Board Certified) – Wright State

University School of Medicine, 2002.

KASHER, Matthew J., M.D. – Emergency Medicine – University of North Carolina


KAZMI, Syed S., M.D. – Internal Medicine – Dow University Health Sciences in

Pakistan, 2011.

LEWINTER, Emma L., M.D. – Pediatrics – University of Colorado School of Medicine,

2016.

LI, Sean X., M.D. – Internal Medicine – Tufts University School of Medicine, 2016.

MCKENNA, Brian J., M.D. – Family Practice – Medical University of the Americas in

Nevis, 2016.

MORHARDT, Tina L., M.D. – Pediatrics (Board Certified) –Virginia Commonwealth

University School of Medicine, 2012.

MOUA, Teng, M.D. – Internal Medicine (Board Certified) – University of Minnesota


NIVEN, Alexander S. E., M.D. – Internal Medicine (Board Certified) – Tufts University


OECKLER, Richard A., M.D, – Internal Medicine (Board Certified) – New York

Medical College, 2004.

OH, Christine J., M.D. – Psychiatry – Northeast Ohio Medical University, 2016.

OSSO, Jwan, M.D. – Internal Medicine – Istanbul Universitesi, Istanbul Tip Fakultesi in

Turkey, 2010.

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PRUTHI, Dafina M.D. – Internal Medicine (Board Certified) – Medizinische Uniersitat

Graz in Austria, 2004.

ROLFE, Alan E., M.D. – Dermatology (Board Certified) –University of Florida College

of Medicine, 1984.

SAGGU, Abhijit S., M.D. – Internal Medicine (Board Certified) – Government Medical

College Chandigarh in India, 2013.

SCHERER, L.R., III, M.D. – General Surgery (Board Certified) – Ohio State University


SEXTON, Matthew A., M.D. – Anesthesiology – University of Kentucky College of

Medicine, 2014.

SOGUNRO, Olutayo A., D.O. – General Surgery (Board Certified) – Edward Via

Virginia College of Osteopathic Medicine, 2012.

SYED, Tanvir U., M.D. - Neurology (Board Certified) – Ponce School of Medicine,

2002.

THOMAS, Rejini Y., M.D. – Psychiatry – Malankara Orthodox & Syrian Church

Medical College in India, 2010.

UMANSKAYA, Karina, D.O. – Psychiatry (Board Certified) – Rowan University School

of Osteopathic Medicine, 2011.

WEEMS, Patricia A., M.D. – Emergency Medicine – University of South Alabama


CONSENT PHYSICIAN

REINSTATEMENT LICENSES: Board Action: 8/7/19 – On motion of Dr. Barr, seconded by

Dr. Conway, approved for full license. Dr. Potenza and Dr. Fanciullo absent. All others


ARCIDI, Joseph M. Jr., M.D. – General Surgery (Board Certified) – John Hopkins

University, 1982.

CAPRON, Theodore H., M.D. – Family Practice (Board Certified) – George Washington

University, 1980.

CENDRON, Marc. M.D. – Urology (Board Certified) – Tufts University School of

Medicine, 1984.

JONES, Matthew S., M.D. – General Surgery (Board Certified) – Eastern Virginia

Medical School, 1993.

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LARSON, Heidi M., M.D. – Family Practice (Board Certified) – University of Vermont


NATALE. Michael A., M.D. – Anesthesiology (Board Certified) – University of New

Jersey, 1993.

ROUMIANTSEV, Sergei, M.D. – Neonatal-Perinatal Medicine – Russian State Medical

University in Moscow, 1994.

WEED, Jonathan T., M.D. – Anesthesiology (Board Certified) – Tulane University, 2005.

CONSENT

PA LICENSES: Board Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr. Conway,

approved for full license. Dr. Potenza and Dr. Fanciullo absent. All others concurred. Dr. Barr

chaired the meeting in Dr. Potenza’s absence.

BAGIN, Michael J., P.A.

CARIGNAN, Jennifer R., P.A.

DUCHARME, Caitlin M., P.A.

ERZEN, Brenna R., P.A.

HUTCHINSON, Rebecca A., P.A. (Pending RSP/ARSP)

JENNINGS, Bryan W., P.A.

MACKAY, Allison A., P.A.

MCCABE, Matthew R., P.A.

MUSE, Sarah A., P.A.

SCHELETSKY, Adam B., P.A.

SREBNIK, Matthew A., P.A.

WIGGIN, Tess A., P.A. (Pending RSP/ARSP)

COMPACT

PHYSICIAN LICENSES: To be ratified by the Board at its August 7, 2019 meeting. Board

Action: 8/7/19 – On motion of Dr. Barr, seconded by Dr. Conway, ratify the following compact

licenses. Dr. Potenza and Dr. Fanciullo absent. All others concurred. Dr. Barr chaired the

meeting in Dr. Potenza’s absence.

19854-CHUNDI, Vishnu V., M.D. – Internal Medicine (Board Certified) – Nagarjuna

University in Andhra Pradesh, 1988. Licensed: 7/11/2019.

19858-DUNSMOOR-SU, Rebecca F., M.D. – OB/GYN (Board Certified) – University of

Pennsylvania School of Medicine, 2001. Licensed: 7/22/2019.

19855-FLIEGELMAN, Robert M., M.D. – Internal Medicine (Board Certified) – Philadelphia

College of Osteopathic Medicine, 1979. Licensed: 7/11/2019.

19853-GUIAO, Candido M., M.D. – Anesthesiology (Board Certified) – University of the East

Ramon Magsaysat Medical Center in Philippines, 1997. Licensed: 7/10/2019.

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19863-MCMAHON, Neil G., M.D. – General Surgery (Board Certified) – Ohio State University

College of Medicine, 1985. Licensed: 7/23/2019

19857-MULKERIN, Jennifer L., M.D. – Diagnostic Radiology (Board Certified) – Medical

College of Wisconsin, 2012. Licensed 7/16/2019.

19859-OAKDEN, Richard W., M.D. – Family Practice (Board Certified) – American University

of the Caribbean School of Medicine, 1998. Licensed: 7/22/2019.

19860-ORLAND, Richard A., M.D. – Internal Medicine (Board Certified) – Duke University

Medical Center, 1979. Licensed: 7/22/2019.

19865-PRICE, Kevin L., M.D. – General Surgery (Board Certified) - Oregon Health Science

University, 2002.

19866-RAO, James H., M.D. – Internal Medicine (Board Certified) – University of South Florida


19852-ROSSI, Jennifer K., M.D. – Emergency Medicine (Board Certified) – Weill Cornell

Medicine, 2007. Licensed: 7/8/2019.

19861-ROWLEY-HERRON, Jetuan L., M.D. – Family Practice (Board Certified) – Boston

University School of Medicine, 2000. Licensed: 7/22/2019.

19867-ROY, Anjali, M.D. – Diagnostic Radiology (Board Certified) – Patna Medical College in

India, 1999.

19862-SNYDER, Frank C., M.D. – Diagnostic Radiology (Board Certified) – School of

Medicine of Virginia Commonwealth University, 1986. Licensed: 7/22/2019.

19864-REY, Jonathan M., M.D.- Family Practice (Board Certified) – Ross University School of

Medicine, 2008. Licensed: 7/23/2019.

II. Draft Minutes from the July 3, 2019 Board meeting. Board Action: 8/7/19 –

On motion of Ms. Gardner, seconded by Mr. LeBrun, approved. Unanimous.

Draft Minutes from the July 10, 2019 Board meeting. Board Action: 8/7/19 – On

motion of Ms. Gardner, seconded by Dr. Barr, approved. Dr. Potenza recused. All

others concurred. Dr. Barr chaired the meeting in Dr. Potenza’s absence.

III. PUBLIC – PRESIDENT'S REPORT

None.

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IV. PUBLIC - TABLED:

T1. March 1, 2018 letter from letter from Sally Garhart, M.D., Medical Director, NH

Professionals Health Program, requesting a change in the current wording on the renewal and

license applications regarding disclosure of past mental health conditions. Board Action:

5/2/18 – On motion of Dr. Baker, seconded by Dr. Barr, tabled. The Board will form a

committee to study this issue. Unanimous. Board Action: 6/6/18 – On motion of Dr.

Dibble, seconded by Dr. Barr, Dr. Christine Finn, Dr. Potenza and Dr. Garhart will be on the

Committee to review the current wording on the renewal and license applications. Ms.

Taylor will invite Robert Lamberti, Esq., to the July 11, 2018 meeting to discuss proposed

changed to these rules. Unanimous. Board Action: 7/11/18 – Tabled. Board Action:

8/1/18 – Tabled. Board Action: 9/5/18 – On motion of Dr. Barr, seconded by Ms. Gardner,

Ms. Taylor will submit DRAFT applications incorporating the new language for initial and

renewal applications and bring back for the Board’s review at its October 3, 2018 meeting.

Unanimous. Board Action: 10/3/18 – Table this item until rule changes have been

approved through JLCAR. Board Action: 11/7/18 – Tabled. Board Action: 12/5/18 –

Tabled. Board Action: 1/2/19 – Tabled. Board Action: 2/6/19 – Tabled until the rules are

approved through the rulemaking process. Board Action: 6/5/19 – Tabled. Board Action:

7/3/19 – Tabled. Board Action: 8/7/19 – Tabled.

T2. FSMB has indicated they would like to attend a Board meeting to discuss what FSMB does

for the Boards. They would also like to take the Board to dinner after the meeting. Board

Action: 1/2/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, schedule FSMB to

attend the April 3, 2019 Board meeting at 1:00 P.M. Board Action: 2/6/19 – Tabled.

FSMB is requesting to reschedule to the summer. Board will wait to hear from FSMB.

Board Action: 4/3/19 – On motion of Dr. Baker, seconded by Dr. Potenza, invite FSMB

representatives to the November 6, 2019 meeting at 12:30 P.M. Unanimous. Board Action:

6/5/19 – Tabled. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Tabled.

T3. DRAFT of Med 411.02, with amendments, for review by the Board. Board Action:

6/5/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, approve initial proposal.

Unanimous. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Tabled.

T4. “Cheat sheet” submitted by Laura Lombardi, Esq., Board Counsel, summarizing the

various standards for violations. Board Action: 6/5/19 – Tabled. Board Action:

7/3/19 – Tabled. Board Action: 8/7/19 – Tabled.

Dr. Potenza absent. Dr. Barr chaired the meeting in Dr. Potenza’s absence.

T5. June 4, 2019 email from Aaron S. Geller, M.D. requesting approval of two “Board

Certified Pain Specialists,” Henry Alba, M.D. and Henry Rosler, M.D., to comply with

his October 5, 2018 Final Decision and Order. Board Action: 7/3/19 – Tabled for

August 7, 2019 meeting. Board Action: 8/7/19 – On motion of Dr. Barr, seconded by

Ms. Finerty, define Board Certified Pain Specialist for Dr. Geller. Board did not approve

the proposed Monitors, Henry Alba, M.D. and Henry Rosler, M.D. Unanimous.

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T6. Proposed Memorandum of Understanding (MOU) between the Board of Pharmacy and

the Board of Medicine for review by the Board. Board Action: 6/5/19 – On motion of

Ms. Gardner, seconded by Mr. LeBrun, approve MOU. Ms. Taylor to sign and submit to

the Board of Pharmacy. Unanimous. 7/3/19 – Board asked Ms. Taylor to provide the

MOU to the Board for review at its August 7, 2019 meeting. Board Action: 8/7/19 –

Tabled.

T7. DRAFT amended rules for review by the Board. Board Action: 11/2/16 – On motion of

Dr. Andelman, seconded by Mr. Waters, tabled. Unanimous. Board Action: 12/7/16 –

Tabled. Board Action: 1/4/17 – Ms. Taylor will make changes and bring back to the Board

in February. Board Action: 2/1/17 – Tabled. Board Action: 3/1/17 – Ms. Taylor to make

changes and bring back to Board next month. Tabled. Board Action: 4/5/17 – On motion

of Dr. Barr, seconded by Dr. Fanciullo, tabled for the May meeting. Unanimous. Board

Action: 5/3/17 – On motion of Dr. Barr, seconded by Dr. Dibble, tabled for June meeting.

Unanimous. Board Action: 6/7/17 – On motion of Dr. Dibble, seconded by Dr. Conway,

submit initial proposal of Med 301.03, 301.04, 305.01, 401.03, 402.02, 407.01, 407.02,

407.03 and 501.02 to JLCAR. Unanimous. Board Action: 7/5/17 – Tabled. Board

Action: 8/2/17 – Tabled. Board Action: 9/6/17 – Tabled. Board Action: 10/4/17 –

Tabled. Board Action: 11/1/17 – Tabled. Board Action: 12/6/17 – Tabled. Board

Action: 1/3/18 – Tabled. Board Action: 2/7/18 – Tabled. Board Action: 3/7/18 –

Tabled. Board Action: 4/4/18 – Tabled. Board Action: 5/2/18 – Tabled. Board Action:

6/6/18 – Tabled. Board Action: 7/11/18 – Tabled. Board Action: 8/1/18 – Tabled.

Board Action: 9/5/18 – On motion of Dr. Barr, seconded by Ms. Gardner, Ms. Taylor will

make changes and bring back to Board in October. Unanimous. Board Action: 10/3/18 –

On motion of Dr. Potenza, seconded by Ms. Gardner, Board members will work on the Med

300 rules and present changes in November for discussion. Unanimous. Board Action:

11/7/18 – Board worked on Med 300 rule changes. Dr. Barr absent and will bring changes to

Med 300 rules in December. Ms. Taylor to send members the Med 400 rules for review at its

December 5, 2018 meeting. Board Action: 12/5/18 – Board worked on Med 400 rule

changes. Ms. Taylor to send members the Med 500 rules for review at its January 2, 2019

meeting. Board Action: 1/2/19 – On motion of Dr. Potenza, seconded by Dr. Baker,

approve initial proposal of Med 100-600 rules. Unanimous. Board Action: 7/3/19 - Rules

Hearing, Med 300-600. Dr. Baker opened the rules hearing at 12:00 P.M. Dr. Baker closed

the hearing at 12:25 P.M. with no public comment. 8/6/19 – DRAFT Final Proposal with

incorporated changes the JLCAR attorneys requested/recommended. Board Action: 8/7/19

– On motion of Dr. Barr, seconded by Dr. Potenza, tabled for discussion at the September 4,

2019 meeting.

Dr. Potenza absent. Dr. Barr chaired the meeting in Dr. Potenza’s absence.

V. PUBLIC – NEW BUSINESS:

A. Informational:

N/A

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B. Action Items:

1. July 9, 2019 request from Christine Munroe, D.O. to waive the $350 late fee for renewal.

Board Action: 8/7/19 – On motion of Ms. Gardner, seconded by Dr. Fanciullo, denied.

Unanimous.

2. July 2, 2019 request from Peter A. Bevins, M.D. to use CME credits earned after June 30,

2019 to fulfill his requirement for his 2017-2018 CME cycle. Board Action: 8/7/19 – On

motion of Dr. Fanciullo, seconded by Dr. Ballard, approved. Unanimous.

3. July 10, 2019 Motion for Reconsideration from Ronald J. Nasif, M.D. regarding the

Order of Denial issued by the Board dated June 12, 2019. Board Action: 8/7/19 – On

motion of Dr. Fanciullo, seconded by Ms. Gardner, denied Motion for Reconsideration.

Unanimous.

4. June 26, 2019 submission by Denise F. Poulin, M.D. regarding her compliance with the

Settlement Agreement between her and the Board dated June 18, 2019. Board Action:

8/7/19 – On motion of Dr. Conway, seconded by Dr. Barr, approved. Inform Dr. Poulin

that she has met all of the requirements of her Settlement Agreement with the Board

dated June 18, 2019. Unanimous.

5. July 3, 2019 memorandum from Michelle Ricco Jonas, PDMP Administrator, Gary

Merchant, President, Board of Pharmacy, and David Strang, Chair, PDMP Advisory

Council, to Emily Baker, M.D., President of the Board of Medicine regarding

“Recommendation from the PDMP Advisory Council.” Board Action: 8/7/19 – On

motion of Dr. Conway, seconded by Dr. Fanciullo, file. Unanimous.

Dr. Potenza returned to the meeting.

6. June 24, 2019 report from Edward Duffy, M.D., Jonathan Klingler, M.D.’s preceptor at

Littleton Regional Healthcare, in compliance with his January 11, 2017 conditional

license letter from the Board. Board Action: 8/7/19 – On motion of Dr. Fanciullo,

seconded by Dr. Conway, accept report from Dr. Duffy. Unanimous.

7. June 25, 2019 quarterly report from Malcolm S. Beaudett, M.D. regarding Greg

Thompson, M.D. Board Action: 8/7/19 – On motion of Dr. Fanciullo, seconded by Ms.

Gardner, accept and file. Unanimous.

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8. June 26, 2019 Petition for Declaratory Ruling, pursuant to Med Rule 212.01, on behalf of

the NH Society of Anesthesiologists. 8/7/19 – Richard Head, Esq., Rath, Young &

Pignatelli, was in attendance at the Board meeting. Board Action: 8/7/19 – On motionof

Ms. Gardner, seconded by Dr. Fanciullo, the Board finds other people are interested

parties and the Petitioner shall serve the Petition on the following interested parties:

NH Board of Nursing

American Board of Anesthesiology

American Society of Anesthesiologists

NH Association of Nurse Anesthetists

NH Medical Society

The Medical Society shall inform the Board when all interested parties have been

notified. Unanimous.

9. July 12, 2019 email from Richard Lawhern regarding “Providers Out of Pain

Management.” Board Action: 8/7/19 – On motion of Ms. Gardner, seconded by Mr.

LeBrun, file. Unanimous.

10. July 16, 2019 email from Cara O’Connor, M.D., attaching a certificate verifying her

completion of CME in the area of neonatal resuscitation, as required in her Settlement

Agreement of July 16, 2018. Board Action: 8/7/19 – On motion of Dr. Conway,

seconded by Dr. Fanciullo, accept and file. Inform Dr. O’Connor that she has satisfied all

of the requirements of her Settlement Agreement with the Board dated July 16, 2018.

Unanimous.

11. July 19, 2019 memorandum from Penny Taylor, Administrator, regarding “Reporting

Death and completing a death record.” 8/7/19 – Peter Moran, Executive Director, NH

Funeral Directors Association presented to the Board requesting assistance in notifying

licensees they need to be in compliance with RSA 290:1. Mr. Moran has agreed to

approach the State societies to request they notify licensees. On motion of Dr. Ballard,

seconded by Ms. Gardner, Ms. Taylor to send information to the NH Medical Society

requesting they include it in their Newsletter. Unanimous. On motion of Ms. Gardner,

seconded by Dr. Fanciullo, Ms. Taylor to send an email blast to all licensees (physicians

and physician assistants) informing them they need to following the law. Ms. Gardner

withdrew her motion.

12. July 21, 2019 email from Sally Garhart, M.D., Medical Director, NH Professionals

Health Program, requesting rules changes to Med 301.03(a)(22), Med 401.03(b)(9) Med

604.01(a)(11) and Med 608.01(b)(10). Board Action: 8/7/19 – On motion of Dr.

Fanciullo, seconded by Mr. LeBrun, add the proposed language from Dr. Garhart to the

rules. Unanimous.

13. July 23, 2019 request from Thomas Wold, D.O. for an extension to complete his CMEs

for the 2017-2018 cycle. Needs an extension through July 15, 2019. Board Action:

8/7/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to research

to see if Dr. Wold notified the Board of his business change of address within 30 days.

Unanimous. On motion of Dr. Fanciullo, seconded by Dr. Barr, approved extension to

July 15, 2019. Unanimous.

14

14. July 23, 2019 request from Reshma Duffy, M.D. for an extension to complete his CMEs

for the 2017-2018 cycle. Needs an extension through July 17, 2019. Board Action:

8/7/19 – On motion of Ms. Gardner, seconded by Dr. Fanciullo, approved extension to

July 17, 2019. Unanimous.

15. July 30, 2019 email from Paul F. DelGiudice, M.D. regarding RSA 329:1-d,

Telemedicine, with regard to prescribing buprenorphine-based medication assisted

treatment (MAT). Board Action: 8/7/19 – Dr. DelGiudice attended the Board’s meeting

to discuss. On motion of Dr. Ballard, seconded by Dr. Fanciullo, file. Unanimous.

16. Letter from Alexander W. Campbell, Esq., Shaheen & Gordon, P.A., regarding “Petition

for Declaratory Ruling; Interested Party” with regards to the Petition for Declaratory

Ruling filed on behalf of the NH Society of Anesthesiologists. Board Action: 8/7/19 –

On motion of Ms. Gardner, seconded by Mr. LeBrun, place in file. Unanimous.

17. August 2, 2019 request from Thomas Hong, M.D. for an extension to complete his CMEs

for the 2017-2018 cycle. Needs an extension to August 30, 2019. Board Action: 8/7/19

– On motion of Dr. Potenza, seconded by Dr. Ballard, approved extension to August 30,

2019. Unanimous.

18. August 5, 2019 request from Christopher Mills, M.D. for an extension to complete his

CMEs for the 2017-2018 cycle. Needs an extension to July 31, 2019. Board Action:

8/7/19 – On motion of Dr. Potenza, seconded by Mr. LeBrun, approved extension to July

31, 2019. Unanimous.

15

VI. LEGISLATION:

1. HB 127 relative to the board of medicine and the medical review subcommittee.

Dr. Baker informed the Board that there will be legislation introduced to change the

language in RSA 329:4, I to read: The commissioner or the medical director of the

department of health and human services, or the commissioner’s physician designee, shall

serve as…

This bill also amends RSA 329:17, V-a by deleting “employ through the office of

professional licensure and certification” and inserting engage the services of with regard

to the physician investigator, to make that a contracted position, not an employee of the

office of professional licensure and certification.

Board Action: 12/5/18 – Board will follow this legislation.

Board Action: 01/2/19 – Tabled.


Board Action: 03/6/19 – Dr. Baker has been made aware that there is a group of

attorneys that are planning to request amendment to RSA 329, through HB 127, to change

what constitutes disciplinary action.


04/03/19 – Amendment to HB 127. The new title of the bill is “An act relative to the

board of medicine and the medical review subcommittee and relative to health care

workforce survey data.

Board Action: 05/1/19 – Hearing on HB 127 held. Dr. Baker attended the hearing and

spoke in favor of the bill as written.



Board Action: 08/7/19 – This bill was signed by the Governor on July 19, 2019. File.

2. SB 258 relative to telemedicine and telehealth services.







VII. OTHER PUBLIC ORDERS ISSUED:

N/A

16

VII. DISCIPLINARY PROCEEDINGS:

HEARINGS SCHEDULED:

OTERI-AHMADPOUR, Concetta, D.O. – Hearing date to be determined.

Docket #: 19-07

Dr. Baker is the Presiding Officer.

John Brown, Esq., is Hearing Counsel from APU.

January 16, 2019 memorandum from Penny Taylor, Administrator, regarding Concetta Oteri-

Ahmadpour, D.O. violating her Settlement Agreement with the Board dated March 20, 2018.

Board Action: 2/6/19 – On motion of Dr. Baker, seconded by Ms. Gardner, refer to APU for a

Notice of Hearing for violation of her Settlement Agreement. Unanimous. 2/26/19 – DRAFT Notice

of Hearing and Order to Show Cause, along with Dr. Oteri-Ahmadpour’s Settlement Agreement

dated March 20, 2018 labeled Attachment 1, submitted by John Brown, Esq., Hearing Counsel, APU.

Board Action: 3/6/19 –On motion of Dr. Fanciullo, seconded by Ms. Gardner, accept Notice of

Hearing and Order to Show Cause. Unanimous.

07/30/19 – Dr. Oteri-Ahmadpour’s List of Proposed Witnesses and Exhibits and Motion to Seal

Exhibits and Conduct Show Cause Hearing in Closed Session Filed Under Seal.

07/30/19 – Hearing Counsel’s List of Witnesses and Exhibits, along with attached Exhibit.

07/31/19 – Hearing Counsel’s Response to Respondent’s List of Proposed Exhibits and Motion to

Seal Exhibits and Conduct Show Cause Hearing in Closed Session. Filed Under Seal.

Board Action: 8/7/19 – Prior to the start of the hearing, Hearing Counsel made a Motion to Continue

the hearing for one month to give the parties an opportunity to submit a settlement for the Board’s

September 4, 2019 meeting. On motion of Dr. Barr, seconded by Dr. Fanciullo, accept request to

continue the hearing to a date to be determined. Unanimous. On motion of Ms. Gardner, seconded by

Mr. LeBrun, seal Exhibits A through D. Unanimous.

MARUSZAK, Sandra L., M.D. – Hearing scheduled for October 2, 2019 at 1:00 P.M.

Docket #: 19-08

Cases included: 2017-279


Sheri Phillips, Esq., is Hearing Counsel from APU.

03/08/19 – DRAFT Notice of Hearing for review by the Board.

Board Action: 04/3/19 – On motion of Dr. Barr, seconded by Dr. Baker, approve Notice of Hearing.

Hearing scheduled for October 2, 2019 at 1:00 P.M. Dr. Baker will be the Presiding Officer.

Unanimous.

06/20/19 – Assented-to Motion Requesting a Pre-Hearing Conference submitted by Sheri Phillips,

Esq., Hearing Counsel.

Board Action: 07/3/19 – On motion of Ms. Gardner, seconded by Mr. LeBrun, grant Assented-to

Motion Requesting a Pre-Hearing Conference. Ms. Taylor to contact Presiding Officer Dr. Baker to

schedule a date and time for the Prehearing Conference. Unanimous.

BUTURLA, Sean, M.D. and KATZ, Sara, P.A. – Hearing scheduled for November 6, 2019 at 1PM

Docket #: 19-12



Sheri Phillips, Esq., is Hearing Counsel from APU.

04/23/19 – DRAFT Notice of Hearing submitted by Sheri Phillips, APU, for review by the Board.

Board Action: 06/5/19 – On motion of Dr. Fanciullo, seconded by Dr. Potenza, approve Notice of

Hearing and schedule hearing for November 6, 2019 at 1:00 P.M. Dr. Baker will be the Presiding

Officer. Unanimous.

17

FOX, Ashley A., M.D. – Docket #: 19-09

HOFFMAN, Elizabeth, M.D. – Docket #: 19-10

TOSHACH, Joseph, M.D. – Docket #: 19-11

Hearing for all 3 scheduled for December 4, 2019 at 1:00 P.M.


Dr. Potenza is the Presiding Officer.

Janice Rundles, Esq., is Hearing Counsel from APU.

03/12/19 – DRAFT Notice of Hearing for review by the Board.

Board Action: 04/03/19 – On motion of Dr. Baker, seconded by Dr. Fanciullo, approve Notice of

Hearing. Scheduled hearing for September 4, 2019 at 1:00 P.M. Dr. Potenza will be the Presiding

Officer. Unanimous.

04/16/19 – Notice of Appearance on behalf of Ashley A. Fox, M.D. from Gregory G. Peters, Esq. and

Christopher P. McGown, Esq., Wadleigh, Starr and Peters, PLLC.

04/16/19 – Notice of Appearance on behalf of Elizabeth J. Hoffman, M.D. from Gregory G. Peters,

Esq. and Christopher P. McGown, Esq., Wadleigh, Starr and Peters, PLLC.

04/17/19 – Notice of Appearance on behalf of Joseph Toshach, M.D. from Melissa M. Hanlon, Esq.

and Beth G. Catenza, Esq., Sulloway & Hollis, PLLC.

06/06/19 – Motion for Prehearing Conference from Melissa M. Hanlon, Esq. regarding Joseph

Toshach, M.D.

06/06/19 – Licensees Elizabeth J. Hoffman, M.D. and Ashley A. Fox, M.D.’s Petition for Prehearing

Conference.

06/07/19 – Email from Janice Rundles, Hearing Counsel, indicating she has no objection to a

prehearing conference.

06/18/19 – Licensees Elizabeth J. Hoffman, M.D. and Ashley A. Fox, M.D.’s Petition to Continue

Hearing.

Board Action: 07/03/19 – On motion of Dr. Potenza, seconded by Dr. Barr, grant Licensees

Elizabeth J. Hoffman, M.D. and Ashley A. Fox, M.D.’s Petition for Prehearing Conference and

schedule the Prehearing Conference for November 27, 2019 at 10:00 A.M. Unanimous. On motion

of Dr. Potenza, seconded by Dr. Barr, grant Motion for Prehearing Conference from Melissa M.

Hanlon, Esq. regarding Joseph Toshach, M.D. and schedule Prehearing Conference for November 27,

2019 at 10:00 A.M. Also, reschedule hearing to December 4, 2019 at 1:00 P.M. Unanimous. On

motion of Dr. Baker, seconded by Dr. Wheeler, file June 7, 2019 email from Attorney Rundles.

Unanimous. On motion of Dr. Baker, seconded by Dr. Wheeler, approve Licensees Elizabeth J.

Hoffman, M.D. and Ashley A. Fox, M.D.’s Petition to Continue Hearing and reschedule the hearing to

December 4, 2019 at 1:00 P.M. Unanimous.

18

HEARINGS HELD PENDING FINAL DISPOSITION:

PATIL, Jayakumar, M.D. – Hearing scheduled for June 5, 2019 at 3:00 P.M.

Docket #: 19-04


Daniel Potenza, M.D., recused.

Dr. Fanciullo is the Presiding Officer.

Sheri Phillips, Esq. is Hearing Counsel from APU.

Board Action: 03/6/19 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, approve Notice of

Hearing and schedule hearing for April 3, 2019 at 1:00 P.M. The Presiding Officer will be Dr.

Fanciullo. Unanimous.

03/19/19 – Appearance from Kathryn M. Bradley, Esq.

03/19/19 – Respondent’s Motion to Continue Hearing.

03/20/19 – Order of Continuance approved by Presiding Officer and issued rescheduling hearing to

May 1, 2019 at 3:00 P.M.

03/25/19 – Respondent’s Motion to Continue Hearing

Board Action: 04/03/19 – On motion of Dr. Barr, seconded by Dr. Fanciullo, approve Motion to

Continue Hearing and schedule hearing for June 5, 2019 at 3:00 P.M. Inform Dr. Patil that no more

continuances will be approved. Unanimous.

04/05/19 – Order of Continuance rescheduling the hearing to June 5, 2019 at 3:00 P.M.

05/23/19 – Hearing Counsel’s List of Witnesses and Exhibits, along with Exhibits 1-3 (Sealed) and

Exhibit 4.

05/24/19 – Respondent’s Witness and Exhibit List, along with Exhibits A (filed under seal), B and C

(filed under seal).

06/03/19 – Hearing Counsel’s Amended List of Witnesses and Exhibits, including Exhibit #5.



Board Action: 8/7/19 – Deliberations occurred in non-public; final actions in adjudicatory

proceedings shall not be public until reduced to writing and served upon the parties in accordance

with RSA 329:18-a.

19

RIZVI, Hil, M.D. – Hearing scheduled for April 12, 2019 at 11:00 A.M.

Docket #: 19-01


Dr. Potenza is the Presiding Officer.

Sheri Phillips, Esq. is Hearing Counsel from APU.

Board Action: 01/2/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, issue Notice of

Hearing. The hearing will be held on March 6, 2019 at 1:00 P.M. The Presiding Officer will be Dr.

Potenza. Unanimous.

01/04/19 – Notice of Hearing issued.

02/18/19 – Hearing Counsel’s List of Witnesses and Exhibits, with attached Exhibits.

03/06/19 – Attorney Phillips from the APU appeared before the Board and requested the Board

continue the hearing until April 3, 2019 as Dr. Rizvi did not receive the Notice of Hearing prior to the

hearing scheduled for March 6, 2019.

Board Action: 3/6/19 – On motion of Ms. Finerty, seconded by Mr. LeBrun, approve request to

continue the hearing. Unanimous. On motion of Dr. Baker, seconded by Ms. Gardner, amend the

Notice of Hearing to add Dr. Rizvi’s failure to change both his business and home addresses with the

Board. 7-1 motion carries.

03/11/19 – Amended Notice of Hearing issued.

03/07/19 – The day after the Board meeting, Attorney Phillips requested the Board convene a panel to

consider this matter as Allison Vachon, APU Investigator, is not available to testify at either the April

or May Board Meeting dates. Pursuant to Med 206.02(b), the Board President, Dr. Baker, appointed a

panel of the Board members for this adjudicatory proceeding. The panel rescheduled the hearing to

April 12, 2019 at 11:00 A.M.

04/05/19 – Defendant submits witnesses-Exhibit.

04/12/19 – Hearing held.

05/07/19 – Hearing Counsel’s Proposed Findings of Fact and Rulings of Law.

05/10/19 – Post-Hearing Brief submitted by Hil Rizvi, M.D.



Board Action: 8/7/19 – Deliberations occurred in non-public; final actions in adjudicatory

proceedings shall not be public until reduced to writing and served upon the parties in accordance

with RSA 329:18-a..

20

SUNDARAM, Malathy, M.D. – Hearing scheduled for July 3, 2019 at 1:00 P.M.

Docket #: 18-02

Cases included: 2017-379.

Nina Gardner, Public Member, recused.


April 30, 2018 letter from Molly Barker Gilligan, Esq., attorney for Malathy Sundaram, M.D.,

including the evaluation from CPEP pursuant to her agreement with the Maine Board of Licensure in

Medicine.

Board Action: 6/6/18 – On motion of Dr. Wheeler, seconded by Dr. Dibble, issue Order to Show

Cause why she should be allowed to practice pursuant to RSA 329:17, VI-a and the CPEP evaluation.

Unanimous.

08/28/18 – Order Granting Motion to Postpone Show Cause Hearing issued. Date of hearing to be

determined, if necessary.

Board Action: 9/5/18 – On motion of Dr. Baker, seconded by Dr. Barr, before Board reschedules the

hearing, give Dr. Sundaram the opportunity to give up her license. Unanimous.

10/02/18 – Ms. Taylor spoke with Dr. Sundaram who indicated she wanted the Board to reschedule

the hearing.

Board Action: 11/7/18 – On motion of Dr. Conway, seconded by Dr. Fanciullo, reschedule hearing to

February 6, 2019 at 1:00 P.M.

11/30/18 – E-mail from Dr. Sundaram regarding her license in Maine.

Board Action: 01/2/19 – On motion of Mr. LeBrun, seconded by Dr. Wheeler, amend Notice of

Hearing to include suspension in Maine. Unanimous.

02/05/19 – Order of Continuance issued.

Board Action: 03/6/19 – On motion of Dr. Baker, seconded by Mr. LeBrun, schedule hearing for

July 3, 2019 at 1:00 P.M. Unanimous.

03/20/19 – Response to Amended Notice, along with Exhibits 1-8 submitted by Janna Gau, Esq.,

counsel for Dr. Sundaram.

06/03/19 – Application for Leave to Appear and Practice Pro Hac Vice submitted by Sarah L.

Reinhart, Esq., Eaton Peabody, requesting the Board grant this Application to admit Janna D. Gau,

Esq. to practice before this Court pro hac vice. Included with this Application is the Affidavit of

Janna D. Gau, Esq., in Support of Pro Hac Vice Admission.

06/03/19 – Respondent’s Witness and Exhibit List, along with Exhibits A-K.


07/18/19 – Email from Dr. Sundaram regarding her suspension of her license in Maine on July 9,

2019. Dr Sundaram is requesting a refund of the $350.00 late fee.

Board Action: 08/7/19 – On motion of Ms. Gardner, seconded by Dr. Ballard, deny request for a

refund. Unanimous. On motion of Dr. Conway, seconded by Mr. LeBrun, order a supplemental

hearing pursuant to the Board’s Administrative Rules, specifically Med 206.11(f), to discuss new

evidence regarding Dr. Sundaram suspension of license in Maine on July 9, 2019, her ability to

comply with the Maine Consent Agreement dated August 8, 2017 and her ability to comply with the

New Hampshire Settlement Agreement dated March 20, 2018. Ms. Gardner recused. All others

concurred.

21

HEARINGS WITH DATE TO BE DETERMINED:

BECK, Adam P., M.D. – Prehearing scheduled for April 9, 2019 at 1:00 P.M.

Docket #:

Cases included: 2016-435, 2017-377 and 2017-416

John Wheeler, M.D., David Conway, M.D. and Nina Gardner, Public Member, recused.

Dr. Barr is the Presiding Officer.

Janice Rundles, Esq. is Hearing Counsel from APU.

Board Action: 2/6/19 – On motion of Dr. Baker, seconded by Dr. Barr, approve Notice of Hearing

as amended. The Presiding Officer will be Dr. Barr. Prehearing scheduled for April 9, 2019 at 1:00

P.M. Unanimous.

03/22/19 – Respondent, Adam P. Beck, M.D.’s Motion to Postpone any Adjudicatory Hearing Until

After the Resolution of the Underlying Litigation or in the Alternative to Continue the Prehearing

Conference Scheduled for April 9, 2019.

03/26/19 – Hearing Counsel’s Objection to Respondent’s Motion to Postpone Hearing Until After

Resolution of Underlying Litigation.

03/28/19 – Order Granting Motion to Postpone Prehearing Scheduled for April 9, 2019.

Board Action: 4/3/19 – On motion of Dr. Fanciullo, seconded by Dr. Baker, if Dr. Beck agrees to

waive the statute of limitations, the Board will grant a one-year postponement, then will revisit.

Unanimous.

05/07/19 – Letter from Dr. Beck agreeing to waive the statute of limitations pursuant to the Board’s

request.

Board Action: 6/5/19 – On motion of Dr. Fanciullo, seconded by Dr. Baker, file letter. Unanimous.

KNIGHT, Eric, M.D. – Hearing date canceled until a future date to be determined.


Dr. Potenza, Dr. Wheeler and Dr. Fanciullo recused.

Dr. Conway is the Presiding Officer.

Matthew Mavrogeorge, Esq. is Hearing Counsel from APU.

Board Action: 9/6/17 – On motion of Dr. Barr, seconded by Mr. Sullivan, approve revised Notice of

Hearing and do not include exhibits. The hearing will be held on November 1, 2017 at 1:00 P.M. Dr.

Conway will be the Presiding Officer. Dr. Wheeler and Dr. Fanciullo recused. All others concurred.

09/25/17 – Order of Emergency License Suspension and Notice of Hearing issued. Emergency

hearing scheduled for October 4, 2017 at 1:00 P.M. David Conway, M.D. will be the Presiding

Officer. Hearing scheduled for November 1, 2017 regarding Dr. Knight’s renewal application will be

combined with this hearing.

09/27/17 – Hearing Counsel’s Assented to Motion to Approve The Preliminary Agreement Not to

Practice and Cancel the Hearing, along with the proposed Preliminary Agreement Not to Practice

and Cancel the Hearing document.

09/27/17 – Order Canceling Hearing Scheduled for October 4, 2017 approved by the Presiding

Officer.

Board Action: 10/4/17 – On motion of Dr. Dibble, seconded by Dr. Conway, approve Preliminary

Agreement Not to Practice. Unanimous.

Board Action: 03/6/19 – Request update from APU.

03/20/19 – Update received from APU.

Board Action: 04/3/19 – File update.

22

MacDONALD, Hugh V., M.D. – Hearing date to be determined.

Docket #: 18-01


Emily Baker, M.D. is the Presiding Officer.

Matthew Mavrogeorge, Esq. is Hearing Counsel from APU.

DRAFT Order of Emergency License Suspension and Notice of Hearing regarding Hugh V. MacDonald,

M.D. for the Board’s review.

Board Action: 5/15/18 - On motion of Ms. Gardner, seconded by Dr. Fanciullo, the Board voted to issue

the Order of Emergency License Suspension and Notice of Hearing to Dr. MacDonald. The hearing will be

held on May 25, 2018 at 8:30 A.M. Dr. Baker will be the Presiding Officer. Approved by a roll call vote

of members present:

Dr. Baker Yes

Dr. Potenza Yes

Dr. Wheeler Yes

Dr. Conway Yes

Dr. Fanciullo Yes

Ms. Gardner Yes

05/21/18 - Hearing Counsel’s Assented-to Motion to Approve the Preliminary Agreement Not to Practice

and Cancel the Hearing, along with the proposed Preliminary Agreement Not to Practice in the matter of

Hugh V. MacDonald, M.D. for review by the Board. (Complaint #2018-189)

05/23/18 – Order Canceling Hearing Scheduled for May 25, 2018 approved by the Presiding Officer.

Board Action: 6/6/18 – On motion of Dr. Fanciullo, seconded by Dr. Conway, approve the Preliminary

Agreement Not to Practice and Cancel the Hearing. Unanimous.

06/14/18 – Preliminary Agreement Not to Practice issued.



Board Action: 04/3/19 – File update.

VIDAVER, Robert C., M.D. – Hearing not scheduled.

Docket #: 15-04

Case included: 2015-207.

Dr. Rosenthall and Dr. Vidaver recused.

Mr. Waters is the Presiding Officer.

Hearing Counsel is Matthew Mavrogeorge, Esq.

06/03/15 - Discussion on Report of Investigation regarding Robert C. Vidaver, M.D. Dr. Rosenthall and

Dr. Vidaver recused.

Board Action: 6/3/15 – On motion of Mr. Waters, seconded by Dr. Barr, request response from Dr.

Vidaver with a deadline of June 15, 2015. Also, issue Notice of Hearing. Presiding Officer, Edmund

Waters, Jr., is authorized to review and issue the Notice of Hearing. Hearing to be held on July 1, 2015.

Unanimous.

06/19/15 – Assented-To Motion to Continue Hearing submitted by Sean R. List, Esq., Attorney for Dr.

Vidaver.

06/22/15 – Presiding Officer granted a continuance. Order of Continuance issued. Board to reschedule

hearing for a future date.

09/13/18 – Appearance from Cinde Warmington, Esq., Shaheen and Gordon.

09/13/18 – Appearance from Alexander W. Campbell, Esq., Shaheen and Gordon.

10/25/18 – Hearing Counsel’s Petition to Approve Preliminary Agreement Not to Practice, along with the

draft Preliminary Agreement Not to Practice for the Board’s review.

Board Action: 11/7/18 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, approve Preliminary

Agreement Not to Practice. Unanimous.



Board Action: 04/3/19 – File Update.

On motion of Dr. Ballard, seconded by Dr. Barr, adjourn meeting at 4:40 P.M . Unanimous.

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