oregon medical board board action report 16... · scanned copies of interim stipulated orders,...

Oregon Medical Board

BOARD ACTION REPORT January 15, 2018

The information contained in this report summarizes new, interim, and final actions taken by the

Oregon Medical Board between December 16, 2017, and January 15, 2018.

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/ombforms1/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 of the Orders listed below are mailed to Oregon hospitals where the Licensee had self-

reported that he/she has privileges.

_____________________________________________________________________________

*Bergstrom, Christina Ng, MD; MD160810; Portland, OR

On January 4, 2018, Licensee entered into a Corrective Action Agreement with the Board. In

this Agreement, Licensee agreed to complete a pre-approved course on medical documentation.

*Blitman, Maury Nelson, MD; MD169632; Corvallis, OR

On January 4, 2018, Licensee entered into a Stipulated Order with the Board for unprofessional

or dishonorable conduct; gross or repeated acts of negligence; and failure to report within 10

working days any official action taken against the Licensee. This Order reprimands Licensee;

assesses a $5,000 civil penalty; requires the presence of a medically trained chaperone for any

breast or pelvic examination of any female patient 16 years of age or older; places Licensee on

probation for ten years; requires that Licensee maintain a relationship with a pre-approved

healthcare provider; requires Licensee to complete a pre-approved course regarding

professionalism and boundaries and develop a practice protocol for maintaining professional

boundaries; and requires Licensee to comply with a protection order issued in the state of

Washington.

http://www.oregon.gov/OMB/ombforms1/request-licensee-info-verification.pdf

http://www.oregon.gov/OMB/ombforms1/request-licensee-info-verification.pdf

*Boespflug, Randolph Roy, MD; MD15363; Salem, OR

On January 4, 2018, the Board issued an Order Modifying Stipulated Order. This Order

modifies Licensee's January 8, 2015, Stipulated Order.

*Drew, Daniel Elliott, MD; MD152952; Ashland, OR

On December 18, 2017, Licensee entered into an Interim Stipulated Order to voluntarily

withdraw from the management of intrathecal pain pumps within 60 days, pending the

completion of the Board's investigation into his ability to safely and competently practice

medicine.

Eckroth, Michelle Diane, MD; MD19737; Albany, OR

On January 10, 2018, the Board issued an Order Terminating Consent Agreement for Re-Entry

to Practice. This Order terminates Licensee's July 12, 2016, Consent Agreement for Re-Entry

to Clinical Practice.

*Estevez, Miguel, MD; MD160337; Eugene, OR


or dishonorable conduct; impairment; gross or repeated negligence; and violation of any board

rule. This Order reprimands Licensee; assesses a $7,500 civil penalty; requires Board pre-

approval of Licensee's practice settings; subjects Licensee's practice to no-notice office visits

and chart audits by the Board's designee; requires Licensee to complete a pre-approved course

on professionalism; restricts Licensee from dispensing any medications; limits the

administration of injections; requires that Licensee maintain a therapeutic relationship with a

pre-approved physician; and requires ongoing participation in a monitoring program.

*Feinman, Jessica Ariel, MD; MD154687; Portland, OR


or dishonorable conduct. With this Order Licensee surrenders her medical license while under

investigation.

*Fu, Qiuling, LAc; AC00565; Eugene, OR


this Agreement, Licensee agreed to obtain a pre-approved, licensed acupuncturist as a practice

consultant who will assess Licensee's practice, provide practice recommendations, and provide

written reports to the Board regarding compliance with the recommendations; no-notice office

visits; and chart audits by the Board's designee.

*Griffin, John William, MD; MD08392; Portland, OR


this Agreement, Licensee agreed to complete courses on prescribing of controlled substances

and medical chart documentation, and no-notice chart audits by the Board's designee.

Jewett, Stiles Turner, Jr., MD; MD11573; Portland, OR

On December 20, 2017, Licensee entered into a Consent Agreement for Re-Entry to Practice

with the Board. In this Agreement, Licensee agreed to practice under the supervision of a pre-

approved mentor for one year who will observe eight surgical procedures performed by

Licensee, review and co-sign all of Licensee's charts for 60 days, and submit quarterly reports

to the Board regarding Licensee's performance in the practice of medicine.

*Joyner, Lisa Camille, MD; MD21092; Milwaukie, OR

On December 27, 2017, Licensee entered into an Interim Stipulated Order to voluntarily cease

the prescribing of buprenorphine/naloxone within 30 days; cease the initiation of chronic pain

treatment with opioids; facilitate the transfer of chronic pain patients and patients needing

medication assisted treatment; limit prescribing for acute pain; and cease prescribing

benzodiazepines with opioids pending the completion of the Board's investigation into her

ability to safely and competently practice medicine.

King, Douglas Hoff, MD; MD14477; Portland, OR

On January 10, 2018, the Board issued an Order Terminating Consent Agreement for Re-Entry

to Practice. This Order terminates Licensee's September 7, 2017, Consent Agreement for Re-

Entry to Practice.

*Lee, Patrick Yuk-Hoi, MD; MD16880; Portland, OR


modifies Licensee's October 8, 2015, Stipulated Order.

*Meckling, Kent Forrest, MD; MD24567; Maywood Park, OR


or dishonorable conduct; impairment; and violation of the federal Controlled Substances Act.

This Order precludes Licensee from engaging in the practice of anesthesiology; requires Board

pre-approval of Licensee's practice settings; and requires career length participation in a

monitoring program.

*Murray, Scott Michael, MD; MD15084; Portland, OR


modifies Licensee's October 8, 2015, Stipulated Order.

*Page, Travis Lee, DO; DO26755; Caldwell, ID

On January 4, 2018, the Board issued an Order Terminating Corrective Action Agreement.

This Order terminates Licensee's October 8, 2015, Corrective Action Agreement.

*Priano, Guy Dominic, LAc; AC00195; Boring, OR


or dishonorable conduct. With this Order Licensee surrenders his acupuncture license while

under investigation.

*Rendleman, Neal James, MD; MD13206; Portland, OR

On January 9, 2017, Licensee entered into an Interim Stipulated Order to voluntarily withdraw

from practice and place his license in Inactive status pending the completion of the Board's

investigation into his ability to safely and competently practice medicine.

*Ryan, William Michael, MD; MD16725; Portland, OR


or dishonorable conduct based on a condition that does or might adversely affect Licensee's

ability to safely and skillfully practice medicine. With this Order Licensee places his medical

license at Administrative Medicine status effective December 5, 2017, and retires his license

while under investigation effective March 1, 2018.

*Siddiki, Awais Asghar, MD; MD176723; Philomath, OR


or dishonorable conduct; conduct that violated ORS 677.135 practice of medicine across state

lines; gross or repeated negligence; 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.

*Wenberg, Kenneth Fred, MD; MD14131; Heppner, OR


or dishonorable conduct; disciplinary action by another state; and willfully violating any rule

adopted by the Board or Board order or failing to comply with a Board request. This Order

reprimands Licensee; assesses a $5,000 civil penalty; places Licensee on probation for five

years; requires Licensee to comply with his October 7, 2016, Washington MQAC Order;

requires that Licensee notify the Board of any non-compliance events or modifications of his

MQAC Order; and subjects Licensee's practice to no-notice chart audits and office visits by the

Board's designee.

________________________________________________________________________

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.

1 BEFORE THE

2 OREGON MEDICAL BOARD

3 STATE OF OREGON

^ In the Matter of )5 )

CHRISTINA NG BERGSTROM, M.D. ) CORRECTIVE ACTION AGREEMENT6 LICENSE NO. MD160810 )

)7

8 1.

9 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

11 Oregon. Christina Ng Bergstrom, M.D. (Licensee) is a licensed physician in the state of Oregon

12 and holds an active license.

13 2.

14 Licensee is a board certified family practice physician who practices medicine in

Portland, Oregon. The Board opened an investigation into Licensee’s care and treatment of

patients and her record keeping.

17 3.

1 ̂ Licensee and the Board now desire to settle this matter by entry of this agreement.

19 Licensee understands that she 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 / / /

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16

Page 1 - CORRECTIVE ACTION AGREEMENT - Christina Ng Bergstrom, M.D.

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 Within six months from the signing of this Agreement by the Board Chair,

6 Licensee must successfully complete a course on medical documentation that is pre-approved by

7 the Board’s Medical Director

8 4.2 Licensee must obey all federal and Oregon State laws and regulations pertaining

9 to the practice of medicine.

10 4.3 Licensee agrees that any violation of the terms of this Agreement constitutes

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

12

13 IT IS SO STIPULATED THIS ? '^ day of I >ec&»Ur , 2017.

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CHRISTINA NG BERGSTROM, M.D.

IT IS SO ORDERED THIS 018.

OREGON MEDICAL BOARD

HOARD CHAIR

Page 2 - CORRECTIVE ACTION AGREEMENT - Christina Ng Bergstrom, M.D.

1 BEFORE THE


3 STATE OF OREGON

4In the Matter of: )

5 )MAURY NELSON BLITMAN, MD ) STIPULATED ORDER

6 LICENSE NO. MD 169632 )

7

8 1 .


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

11 Oregon. Maury Nelson Blitman, MD (Licensee) is a licensed physician in the state o f Oregon.

12 2 .

13 On July 5, 2017, the Board issued a Second Amended Complaint and Notice of Proposed

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

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

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

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

18 dishonorable conduct, as defined by ORS 677.188(4)(a) by engaging in conduct that is contrary

19 to recognized standards of ethics of the medical profession and conduct that does or might

20 constitute a danger to the health or safety of a patient or the public; ORS 677.190(13) gross or

21 repeated acts of negligence; and ORS 677.415(4) Licensee shall self-report within 10 working

22 days any official action taken against the Licensee.

23 3.

24 Licensee’s acts and conduct that violated the Medical Practice Act follow:

25 3.1 Licensee has engaged in a pattern of disruptive behavior in a health care setting,

26 the Corvallis Clinic. As a relatively new member of the staff, his interactions with other health

27 care professionals and patients violated professional ethics by undermining trust; creating an

Page 1 - STIPULATED ORDER - M aury Nelson Blitman, MD

1 environment that strained relationships among patients, physicians and the healthcare team; cast

2 his professional integrity and judgment into doubt; and caused emotional distress in others.

3 Specific examples include the following:

4 a. Licensee approached a nurse he had not previously met following a

5 meeting (Tumor Board) at the Corvallis Clinic, and asked her using words to the effect

6 of: “Are you single, where do you pick up men?” The nurse replied by asking: “I’m

7 sorry, who are you?” Licensee responded that he was new to the area and was trying to

8 meet single women and wasn’t sure where he should go. Licensee’s comments struck the

9 nurse as being unprofessional and caused the nurse to feel very uncomfortable.

10 b. Licensee entered a patient care area in the Corvallis Clinic and began to

11 talk to the attending nurses about a personal matter. A nurse informed Licensee that “we

12 still have a patient here.” Licensee failed to acknowledge the presence o f the patient,

13 ignored the comment, and continued to talk about his personal matters.

14 c. Licensee made comments to a nurse (which she found unwelcome and

15 offensive) after hearing that another nurse was getting married to include the following:

16 “That is too bad that she is getting married soon— I really think she is great, I could really

17 go for her.”

18 3.2 Patient A, an adult female, presented to Licensee on or about October 6, 2015, to

19 discuss her diagnosis of breast cancer. After a medical assistant took Patient A to an

20 examination room, recorded certain information and left the room, Licensee entered the room,

21 and discussed the cancer and options available for treatment. Licensee then asked Patient A if he

22 could see her breast. Patient A replied by asking “Now...here?” Licensee replied affirmatively

23 and remained seated facing Patient A while she lifted her shirt and removed her bra. Licensee

24 failed to comply with the standard of care and caused Patient A to suffer emotional distress by

25 failing to offer a chaperone or a gown and by remaining in the room while Patient A disrobed.

26 I I I

27 I I I


1 3.3 Patient B, an adult female patient at the Corvallis Clinic, transferred her care to

2 another physician, stating that Licensee had made her feel very uncomfortable by using explicit

3 profanity during his clinical encounter with her.

4 3.4 On July 5, 2016, the State of Washington Medical Quality Assurance

5 Commission (MQAC) issued a Statement of Allegations and Summary of Evidence, alleging that

6 Licensee engaged in unprofessional conduct in Washington by entering into a romantic

7 relationship with a female colleague, and later, after the female colleague ended the relationship,

8 violating the terms o f a private agreement that he would not contact the colleague. Licensee

9 violated this agreement by attempting to contact the female colleague by various means, to

10 include driving, on October 7, 2015, to the hospital where the colleague worked and attempting

11 to contact her there. Licensee had previously agreed to notify the hospital by way o f counsel if

12 he was going to be physically present at the hospital, but failed to do so. After his arrival,

13 Licensee was escorted from the hospital by local law enforcement. On October 7, 2016, the

14 MQAC accepted a Stipulation to Informal Disposition (Stipulation) signed by Licensee based

15 upon the conduct set forth in the Statement of Allegations and Summary of Evidence. This

16 Stipulation is an informal disciplinary action that is a public document and was reported to the

17 national databank. Licensee made the Board aware of the pending disciplinary action before the

18 order was entered, but failed to report the entered stipulated order within ten days, in violation of

19 ORS 677.415(4). The conduct o f Licensee set forth in the Stipulation constitutes unprofessional

20 conduct, a violation o f ORS 677.190(1 )(a), as defined by ORS 677.188(4)(a).

21 4.

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

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


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

26 Order in the Board’s records. Licensee denies the allegations, but the Board finds that he

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


1 677.190(l)(a), as defined by ORS 677.188(4)(a); ORS 677.190(13); and ORS 677.415(4).

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

3 reportable to the National Data Bank and the Federation of State Medical Boards.

4 5.

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

6 subject to the following terms and conditions:

7 5.1 Licensee is reprimanded.

8 5.2 Licensee must pay a civil penalty of $5,000 within 12 months from the effective

9 date of this Order. Licensee may make payments, as long as no payment, excepting the final

10 payment, is less than $ 100.

11 5.3 Licensee must have a medically trained chaperone present whenever a breast or

12 pelvic examination is being conducted with a female patient 16 years o f age or older. The

13 presence of the chaperone will be immediately documented in the patient chart. The chaperone

14 must be medically trained and not a friend or relative of the patient or physician.

15 5.4 Licensee is placed on probation for 10 years. Licensee must report in person to

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

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

18 The Board’s current practice is for the Licensee to report to the Board for one quarterly visit per

19 year with the remaining three visits being conducted by the Board’s compliance officer or other

20 Board designee(s). The Board, at their sole discretion and through the Board’s Compliance

21 Officer or its Investigative Committee, reserves the right to modify this current practice.In the

22 event the Board develops protocols for conducting electronic probation interviews, interviews

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

24 Compliance Officer (or its designee) using Board established protocols for the location and

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

26 the equipment and technology necessary for him to participate in the electronic meetings.

27 I I I


1 Licensee will be notified if and when such meetings are scheduled in lieu of an in person

2 appearance at a quarterly Board meeting.

3 5.5 Licensee must continue in treatment with a healthcare provider pre-approved by

4 the Board’s Medical Director. Visits with this provider must comply with the parameters

5 outlined in the recommendation of the Acumen assessment dated August 4, 2017. The provider

6 shall submit quarterly reports to the Board’s Medical Director. Licensee must sign, and keep in

7 place, all necessary releases to allow full communication and exchange of documents and reports

8 between the Board and the provider. Any provider change must be pre-approved by the Board’s

9 Medical Director, and Licensee must secure releases as described above.

10 5.6 Within six months from the effective date of this order, Licensee must complete a

11 course that has been pre-approved by the Board’s Medical Director. This course must include

12 components related to medical ethics, disruptive behavior, professionalism and professional

13 boundaries.

14 5.7 Upon completion of term 5.6, Licensee must develop a personal practice protocol

15 for the maintenance of boundaries and professionalism as described in the Acumen assessment

16 of August 4, 2017. This protocol must be approved by the Board’s Medical Director within three

17 months of completion of the educational workshop.

18 5.8 Licensee must comply with the Order for Protection issued by the Superior Court

19 of Washington, Thurston County, on October 21, 2015.

20 5.9 After two years o f continued compliance with the terms of this Order, Licensee

21 may submit a written request to modify this Order.

22 5.10 Terms 5.3, 5.4, and 5.5 of this Order will be held in abeyance if Licensee’s

23 Oregon medical license is at Inactive status.

24 5.11 The Interim Stipulated Order dated February 13, 2017, terminates effective the

25 date this Order is signed by the Board Chair.

26 5.12 Licensee stipulates and agrees that this Order becomes effective the date it is

27 signed by the Board Chair.


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

to the practice of medicine.

5.14 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).

IT IS SO STIPULATED THIS J Z d ay of f t c c e * ^ e £ 7 Q V

MAURY NELSON BLITMAN, MD

IT IS SO ORDERED THIS dav vCrflAUjAM , 2018.


Mic h a e l m a s t r a n g e l o , j r ., m dBOARD CHAIR

Page 6 - STIPULATED ORDER - Maury Nelson Blitman, MD

1 BEFORE THE


3 STATE OF OREGON

In the Matter of ))

RANDOLPH ROY BOESPFLUG, MD ) ORDER MODIFYING6 LICENSE NO. MD15363 ) STIPULATED ORDER

7 ^

8 1.

9 On January 8,2015, Randolph Roy Boespflug, 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 December 10,2017, Licensee submitted a written request asking the

12 Board to terminate the Stipulated Order. Terms 4.1,4.2, and 4.3 read:

134.1 Licensee is reprimanded.

15 4.2 Licensee must pay a civil penalty o f $3,000. Licensee may make payments o f noless than $250 at intervals o f his choosing with the final payment being made no later

16 than 180 days from the signing o f this Order by the Board Chair.

^ 4.3 Within 180 days from the signing o f this Order by the Board Chair, Licensee mustsuccessfully complete a course on medical documentation and a course on opiate prescribing that are pre-approved by the Board’s Medical Director.

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20 2 .

21 Having fully considered Licensee’s request and compliance with these terms, the Board

22 terminates terms 4.1,4.2, and 4.3 o f the January 8, 2015, Stipulated Order effective the date this

23 I I I

24 I I I

25 I I I

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27 I I I

PAGE 1 - ORDER MODIFYING STIPULATED ORDER - Randolph Roy Boespflug, MD

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Order is signed by the Board Chair. All other terms o f the January 8,2015, Stipulated Order are

unchanged and remain in full force and effect.

IT IS SO ORDERED this 4ih day o f January, 2018.

OREGON MEDICAL BOARD State o f Oregon

ICHAEL J. MASTRANGELO, JR, MD loard Chair

PAGE 2 - ORDER MODIFYING STIPULATED ORDER - Randolph Roy Boespflug, MD

3 0 0 2 ^ ^© 19.12.201? OCiOC------------------------£ 3 0 0 S ^ V > fa

1 BEFORE THE


3 STATE OF OREGON

4 In the Matter of )5 >

DANIEL ELLIOTT DREW, MD ) INTERIM STIPULATED ORDER6 LICENSE NO. M DI52952 )

)7

8 1.


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

11 Oregon. Daniel Elliott Drew, MD (Licensee) is a licensed physician in the state o f Oregon and

]2 holds an active medical license.

13 2.

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

15 initiating an investigation. On July 6,2016, Licensee entered into an Interim Stipulated Order

16 with the Board which placed restrictions on his prescribing for chronic pain patients. The results

17 o f the Board’s investigation to date have raised additional concerns to the extent that the Board

] g believes it necessaiy that Licensee now agree to additional terms until the investigation is

19 completed.

20 3.

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

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

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

24 that Licensee shall comply with the following conditions:

24 3.1 Licensee must not manage any patients with intrathecal pain pumps. This term is

25 effective 60 days from the date Licensee signs this Order. During this 60 day period, Licensee

26 must facilitate the transfer o f patients with intrathecal pain pumps to another provider.

0 2

Page 1 - INTERIM STIPULATED ORDER Daniel Elliott Drew, MD

© 19.12.201? OCtOC--------------------- —£ 0 0 0 -2 ^ v I fan

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3 2 Licensee understands that violating any term of this Order will be grounds for

disciplinary action under ORS 677.190(17).

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

4.

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

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

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

decision.

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 o f Licensee to practice medicine. These conditions

will remain in efTect while the Board conducts a complete investigation in order to ftilly inform

itself with respect to the conduct o f 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

IT IS SO ORDERED THIS

OREGON MEDICAL BOARD State of Oregon

KATHLEEN HALEY, JD EXECUTIVE DIRECTOR

Page 2 - INTERIM STIPULATED ORDER - Daniel Elliott Drew, MD

1 BEFORE THE


3 STATE OF OREGON

4 In the Matter of: ))

5 MIGUEL ESTEVEZ, MD ) STIPULATED ORDERLICENSE NO. MD160337 t

6 }

7 1.


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

10 Oregon. Miguel Estevez, MD (Licensee), is a licensed physician in the state of Oregon.

H 2.

12 On October 26, 2017, the Board issued a Complaint and Notice of Proposed Disciplinary

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

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

15 $10,000 civil penalty per violation, and assessment of costs, pursuant to ORS 677.205 against

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

17 dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.190(7) impairment; ORS

18 677.190(13) gross or repeated negligence; and ORS 677.190(17) violation of any provision of

19 this chapter or any board rule.

20 3 .

21 Licensee is a board certified neurologist practicing in Springfield, Oregon. Licensee’s

22 acts and conduct that violated the Medical Practice Act follow:

23 3.1 Patient A, a 47-year-old female patient with a health history that included chronic

24 back and neck pain, was referred to Licensee for migraine headaches in July 2013. Licensee

25 performed a comprehensive examination and concluded that the patient suffered from chronic

26 migraines and cervicalgia. Patient A returned to the clinic on September 5, 2013, and reported

27 an urticarial allergic reaction to topiramate (Topamax) and that her headaches had increased in

Page 1 -STIPULATED ORDER - Miguel Estevez, MD

1 severity, particularly over the back of the head. Licensee recommended an occipital nerve block.

2 After discussing the procedure with Patient A, Licensee reports that he administered two

3 injections of bupivacaine combined with ketorolac (Toradol), methylprednisolone, and

4 meperidine (Demerol, Schedule II) at the C3-4 and C6-7 level. Two to three minutes after the

5 injections, Patient A reported shortness of breath, exhibited raspy breath sounds, paced the room

6 and was aggravated. Licensee departed the room to obtain oxygen, leaving Patient A

7 unattended.1 Licensee reports that he returned to the room, asked Patient A to lie down and try

8 to relax. Licensee left the room, leaving Patient A with her companion, and resumed his search

9 for a crash cart and oxygen. Licensee located oxygen, and returned to the room to find Patient A

10 unconscious and not breathing. Licensee initiated CPR2 and asked Patient A’s companion to

11 notify clinic staff to call EMS.3 Portable defibrillator pads were placed on Patient A and electric

12 shocks to the chest were administered. CPR resumed and Patient A was subsequently transferred

13 by ambulance to the hospital. Patient A was determined to have sustained a severe anoxic brain

14 injury. She died several days later. An autopsy was performed. The cause of death was listed as

15 anoxic encephalopathy due to cardiopulmonary arrest due to adverse reaction to intramuscular

16 medication injection. Licensee breached the standard of care and exposed this patient

17 unnecessarily to the risk of harm by administering a trigger point injection into Patient A that

18 included Demerol, and then leaving Patient A in distress unattended by medical personnel on at

19 least two occasions while he looked for a crash cart and oxygen. This conduct violates ORS

20 677.190(l)(a), as defined in ORS 677.188(4)(a); and ORS 677.190(13).

21 3.2 Patient B, a 24-year-old female patient, was referred to Licensee for treatment of

22 her chronic headaches on April 23,2013. Licensee performed a comprehensive consultation and

23 neurological examination. Patient B was admitted to Sacred Heart Hospital on May 4, 2013, and

24 her complaint of headaches was treated with IV lidocaine and steroids. She was discharged on

25 ________________________

2 g 1 Licensee reports that Patient A was accompanied by an adult companion who remained with her during treatment,but there was no clinic employee in the room when Licensee left to get oxygen.

2 y 2 Cardiopulmonary resuscitation.3 Emergency medical service.

Page 2 - STIPULATED ORDER - Miguel Estevez, MD

1 May 7,2013. Patient B was readmitted to the hospital on June 5, 2013, with severe headaches

2 accompanied by nausea and vomiting. The patient was initially treated with IV ketamine

3 (Schedule III) and IV hydration. Patient B responded favorably, but her headaches resumed

4 when the ketamine drip was discontinued. Licensee subsequently went to his private clinic,

5 where he obtained, transported to the hospital and subsequently administered to Patient B an

6 injection of hydromorphone (Dilaudid, Schedule II) 2mg with methylprednisolone 40 mg

7 without informing the nursing staff or making a contemporaneous note in the chart. When a

8 nurse questioned Licensee, Licensee admitted that he had administered an injection of Dilaudid.

9 The discharge summary that Licensee dictated one week later stated that the injection was given

10 into the deltoid. By failing to promptly inform nursing staff that he had injected an opioid into

11 Patient B, and failing to properly document the injection in the patient record, Licensee breached

12 the standard of care and subjected Patient B to the risk of harm, a violation of ORS

13 677.190(1 )(a), as defined in ORS 677.188(4)(a).

14 3.3 On at least four occasions in May of 2016 at about 6:00 AM, Licensee went into

15 the medication supply room of the private clinic where he practiced in Springfield, Oregon,

16 accessed the supply of ketamine without prior authorization or proper medical purpose, and took

17 the ketamine into his personal possession. Licensee later self-injected himself with ketamine and

18 also injected some of the ketamine into tubes of over-the-counter Aspercream. Licensee then

19 dispensed the tubes of Aspercream that he had injected with ketamine to some of his patients for

20 the topical treatment of pain. Licensee’s conduct breached the standard of care and violated

21 OAR 847-015-0025(1) and (4), by dispensing medications without being registered as a

22 dispensing physician, and failing to document the dispensing of drugs in the patient record.

23 Licensee also failed to keep records of the controlled substance (ketamine) that he dispensed to

24 his patients, in violation of the Federal Controlled Substances Act and 21 CFR 1304.03.

25 3.4 Licensee is an impaired physician, as evidenced by his persistent non-medical use

26 of cannabis vapor oil and repeated self-injections of ketamine in 2015 and 2016, in violation of

27 ORS 677.190(7).


1 4.

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



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

6 Order in the Board’s records. Licensee admits that he engaged in the conduct described in

7 paragraph 3 above and that this conduct violated ORS 677.190(l)(a) unprofessional or

8 dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.190(7) impairment; ORS

9 677.190(13) gross or repeated negligence; and ORS 677.190(17) violation of any provision of

10 this chapter or any board rule. Licensee understands that this Order is a public record and is a

11 disciplinary action that is reportable to the National Data Bank and the Federation of State

12 Medical Boards.

13 5.

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

15 subject to the following terms and conditions:


17 5.2 Licensee must pay a civil penalty of $7,500 within 18 months of the effective date

18 of this Order. Licensee may make payments, as long as no payment, excepting the final

19 payment, is less than $100.

20 5.3 Licensee may only practice at sites that are pre-approved by the Board’s Medical

21 Director.

22 5.4 Licensee and his practice are subject to no notice office visits and chart audits

23 conducted by the Board’s designee.

24 5.5 Licensee must complete a course on professionalism that is pre-approved by the

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

26 5.6 Licensee is not approved to dispense any medication to patients.

27 I I I


1 5.7 Licensee (and any physician assistant, nurse, medical assistant, etc. associated

2 with him) may not administer any injections to patients with the exception of: vaccines and

3 antibiotics administered by intramuscular injection; Ketoraloc; depomedrol; botulinum toxin

4 injection protocols for chronic headache; and intramuscular injections of anti-calcitonin gene

5 related peptide antibody.

6 5.8 Licensee must remain in a therapeutic relationship with a physician that is pre-

7 approved by the Board’s Medical Director. Licensee must meet with this physician on an on-

8 going basis, and that physician must provide quarterly written reports to the Board. Licensee

9 agrees that he will sign all necessary releases to allow for unrestricted communication between

10 this physician and his staff with the Board.

11 5.9 Licensee must remain enrolled and fully compliant with the Health Professionals’

12 Services Program (HPSP).

13 5.10 The Interim Stipulated Order of May 26, 2016, terminates effective the date this

14 Stipulated Order is signed by the Board Chair.



17 5.12 Licensee must obey all federal and Oregon state laws and regulations pertaining


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


IT IS SO STIPULATED THIS / f day of [ \ € ^ w / ^ / 2017.

IT IS SO ORDERED THIS


40ARD CHAIR


1 B E FO R E TH E

2 O R EG O N M E D IC A L B O A R D

3 STA TE O F O REG O N

4In the M atter o f )

5 )JE SSIC A A R IE L FE IN M A N , M D ) STIPU L A T E D O R D E R

6 LIC EN SE NO. M D 154687 )

>8 1.

9 T he O regon M edical B oard (B oard) is the state agency responsib le for licensing,

10 regulating and discip lin ing certain health care providers, including physicians, in the S tate o f

11 O regon. Jessica A riel F eim nan, M D (L icensee) is a licensed physician (lapsed) in the S tate o f

12 O regon.

13 2 .

14 On M ay 8, 2017, the B oard opened an investigation after receiv ing credible inform ation

15 regard ing L icensee’s possib le boundary vio lations w hich w ould constitu te a v io lation o f the

16 M edical Practice Act.

17 3.

18 L icensee and the B oard desire to settle this m atter by the en try o f this S tipulated Order.

19 L icensee understands tha t she has the right to a contested case hearing under the A dm inistrative

2 0 Procedures A ct (O regon R evised Statutes chapter 183), and fully and finally w aives the right to a

2 1 contested case hearing and any appeal therefrom by the signing o f th is O rder in the B oard ’s

22 records. L icensee neither adm its nor denies, but the B oard finds that L icensee engaged h i

23 conduct that v io lated the M edical Practice A ct, to w it: ORS 677.190(1 )(a), unprofessional or

24 dishonorable conduct, as defined in ORS 677 .188(4)(a). L icensee understands that th is O rder is

25 a public record and is a d iscip linary action that is reportable to the D ataB ank and the Federation

26 o f S tate M edical Boards.

27 / / /

Page 1 -S T IP U L A T E D O R D ER -- Jessica A riel F eim nan, M D

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L icensee and the B oard agree that the B oard w ill close this investigation and reso lve this

m atter by en try o f this Stipulated O rder, subject to the fo llow ing conditions:

4.1 L icensee surrenders her O regon m edical license w hile under investigation.

4 .2 L icensee m ust obey all Federal and O regon State law s and regulations perta in ing

to the practice o f m edicine.

4.3 L icensee stipulates and agrees that any vio lation o f the term s o f this O rder shall

be grounds for fu rther d iscip linary action under O RS 677.190(17).

5.

This O rder becom es effective the date it is s igned by the B oard Chair.

IT IS SO STIPU L A T E D this Z O *1' day o f 2017.

JE SSIC A A R IEL FE IN M A N , M D

IT IS SO O R D ER ED this day o f

O R EG O N M ED IC A L BO A RD

2018.

1AEL J. M A ST R A N G E L O , JR , M D foard C hair

Page 2 -S T IP U L A T E D O R D E R — Jessica A riel Feim nan, M D

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BEFO RE THE

O REG O N M EDICA L BO ARD

STA TE OF OREGON

In the M atter o f ))

QIULING FU, LAc ) CO RRECTIV E A C TIO N A G REEM EN TLICENSE N O . A C00565 )

1.

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

regulating and disciplining physicians and certain other health care providers to include

acupuncturists in the State o f Oregon. Q iuling Fu, LAc (Licensee) is a licensed acupuncturist in

the State o f Oregon.

2 .

Licensee practices at the Chinese A cupuncture Clinic in Eugene, Oregon. The Board

opened an investigation after receiving a com plaint in regard to L icensee’s practice.

3.

Licensee and the Board now desire to settle this m atter by entry o f this agreement.

L icensee understands that she has the right to a contested case hearing under the Adm inistrative

Procedures Act (chapter 183), O regon 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

agreem ent in the B oard ’s records. The Board agrees to close the current investigation and does

not m ake a finding in regard to any violation o f the M edical Practice Act, This agreem ent is a

public document; how ever, it is not a disciplinary action. This docum ent is reportable to the

National Data Bank and the National Certification Com m ission for A cupuncture and Oriental

M edicine.

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Page 1 - CORRECTIVE ACTION AGREEM ENT- Qiuling Fu, LAc

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4.

In order to address the concerns o f the Board and for purposes o f resolving this

investigation, L icensee and the Board agree that the Board will close this investigation

contingent upon L icensee agreeing to the following conditions:

4.1 At her ow n expense, Licensee m ust obtain a practice consultant who is an Oregon

licensed acupuncturist w ho has been approved in advance by the B oard’s M edical Director.

Licensee and the practice consultant m ust m eet for an initial assessm ent o f L icensee’s practice.

This assessm ent m ust occur w ithin four m onths o f the effective date o f this Agreem ent. The

practice consultant will provide a w ritten report to Licensee and the Board regarding any

recom m endations in regard to L icensee’s practice.

4.2 The practice consultant will conduct follow up visits to L icensee’s practice after

six m onths and nine m onths from the date o f the initial assessm ent. The practice consultant will

submit written reports to the Board subsequent to each o f these visits regarding L icensee’s

com pliance w ith the practice recom m endations.

4.3 A fter the com pletion o f term 4.2 o f this Agreem ent, Licensee m ay subm it a

written request to the B oard, w ith a recom m endation from her practice consultant, to term inate or

modify the term s o f the Agreem ent.

4.3 L icensee and her practice are subject to no notice office v isits and chart audits

conducted by the B oard’s designee.

4.4 Licensee agrees that this Agreem ent becom es effective the date it is signed by the

Board Chair.

4.5 Licensee m ust obey all federal and Oregon State law s and regulations pertaining

to the practice o f m edicine.

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Page 2 - CORRECTIVE ACTION AGREEMENT - Qiuling Fu, LAc

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4.6 Licensee agrees that any violation o f the term s o f this Agreem ent constitutes

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

IT IS SO STIPU LA TED THIS day o f P e £ & m h & < 2017

QIULIN G FU, LA c

IT IS SO ORDERED THIS day o f C ' > f i a n n m L 2018.

OREGO N M EDICA L BO ARD State o f Oregon s t, ,

M ICH A EL M A STRA N G ELO , JR., MD BOARD CHAIR

Page 3 - CORRECTIVE ACTION AGREEMENT - Qiuling Fu, LAc

BEFORE THE


STATE OF OREGON

In the Matter o f ))

JOHN WILLIAM GRIFFIN, M.D. ) CORRECTIVE ACTION AGREEMENTLICENSE NO. MD08392 )

)

1.

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


Oregon. John William Griffin, M.D. (Licensee) is a licensed physician in the state of Oregon

and holds an active license.

2 .

Licensee is a board certified internist practicing in Portland, Oregon. The Board opened

an investigation after receiving a complaint in regard to Licensee’s manner o f prescribing

controlled substances for a patient.

3.

Licensee and the Board now desire to settle this matter by entry o f this agreement.

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


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

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

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

National Data Bank and the Federation of State Medical Boards.

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1 - CORRECTIVE ACTION AGREEMENT - John William Griffin, M.D.

1 4.

2 In order to address the concerns o f 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 Within 120 days from the signing o f this Agreement by the Board Chair, Licensee

6 must successfully complete a course on prescribing of controlled substances and a course on

7 medical chart documentation. These courses may not be used by Licensee to satisfy his

8 continuing medical education requirements.

9 4.2 Licensee is subject to no-notice chart audits at his own expense, conducted by the

10 Board’s designee.

11 4.3 Upon receipt of written verification that Licensee has complied with term 4.1

12 (above), the Medical Director may authorized the termination o f the Interim Stipulated Order of

13 September 19, 2017. Licensee will be notified in writing when and if such termination occurs.

14 4.4 Licensee must obey all federal and Oregon State laws and regulations pertaining


16 4.5 Licensee agrees that any violation of the terms of this Agreement constitutes

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

18 IT IS SO STIPULATED TH IS___* 2 . day of ^ t* * " ^ 2 0 1 7 .

JOHN WILLZ«<F0RiEEIN? Mfcr

21

22 IT IS SO ORDERED T H f ^ 7 j£ _ day of 2018.

24 OREGON MEDICAL BOARDState of Oregon_____________________________

26 BOARD CHAIR

Page 2 - CORRECTIVE ACTION AGREEMENT - John William Griffin, M.D.

BEFORE THE


STATE OF OREGON

))) INTERIM STIPULATED ORDER ))

1.

The Oregon ‘Medical Board (Board) is tire state agency responsible for licensing;


Oregon. Lisa Camille Joyner, MD (Licensee) is a licensed physician in the state of Oregon and

holds an active medical license.

2 .

The Board received credible information regarding Licensee that resulted in die Board

initiating an investigation. The results o f the Board 's investigation to date have raised concerns-

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

investigation is completed.

3,

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

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

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

that Licensee shall comply with the .following conditions:

3.1 Within ‘30 days o f the effective date of tin's Order, Licensee must cease

prescribing buprenorphine/naioxone (Suboxone) to all patients, and facilitate the transfer of any

patient to whom Licensee is presently prescribing So box one to a provider who is able to

prescribe Suboxooe.

m

.1- INTERIM STIPULATED ORDER - Lisa Camille Joyner, MD

In the Matter o f

LISA CAMILLE JOYNER, MD LICENSE NO. MD210.92

1 3.2 'Licensee, must immediately cease accepting patients needing Medication Assisted

2 Treatment.

3 3.3 Licensee must not begin treatment fur chronic pain with opioids for any new or

4 existing patient. For the purposes of this Order, chronic pain is defined as pain that persists or

5 progresses over a period of time greater than 30 days.

6 3.4 Within 60 days o f the effective date o f this Order, Licensee most facilitate the

7 transfer o f patients for whom Licensee is prescribing opioids for chronic pain,

8 3.5 Licensee may treat acute or intermittent pain, with short acting opiates for no

9 more than 30 days per patient in a calendar year and not to exceed 50 morphine equivalent dose

10 (MED) per day.

31 3.6 Within 60 days o f the effective date, o f this Order, Licensee must cease

12 concomitantly prescribing opioids with benzodiazepines,

13 3.7 Licensee understands that violating any term o f this Order will be giounds for

14 disciplinary action under ORS 677.190(17).

15 3.8 Licensee understands this Order becomes effective the date she signs it.

16 4.

17 A t die conclusion of the Board's investigation, the Board will decide whether to close the

.18 case or to proceed to some form of disciplinary action. I f the. Boar d determines, following that

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

20 decision.

21 ' 5.

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

23 authority fc attach conditions to the license- o f Licensee to practice medicine. These conditions

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

24 itself with respect to the conduct o f Licensee. Pursuant to ORS 677.425, Board investigative

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

26 • / / /

Page 2 - INTERIM STIPULATED ORDER~ Lisa Camille Joyner, MD

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

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

IT IS SO STIPULATED THIS p n day o f JS& C & M 1 ^ 3017,

LISA CAMILLE JQ #N E $ , MD

IT IS SO ORDERED THI&=»2faCday of. I m l c j M i , 20

OREGON MEDICAL BOARD Stale o f Oregon

KA1fiXECHTlVE DIRECTOR

Page 3 - INTERIM STIPULATED ORDER - Lisa Camille Joyner, MD

1 BEFORE THE


3 STATE OF OREGON

4In the Matter of )

5 )PATRICK YUK-HOI LEE, MD ) ORDER MODIFYING

6 LICENSE NO. MD 16880 ) STIPULATED ORDER

>

8 1.

9 On October 8, 2015, Patrick Yuk-Hoi Lee, MD (Licensee) entered into a Stipulated Order

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

11 medical license. On October 26,2017, Licensee submitted a written request asking the Board to

12 terminate the Stipulated Order. Terms 5.1, 5.2, and 5.7 read:


145.2 Licensee must pay a civil penalty o f $5,000, payable in fu ll within 90 days from the

15 signing o f this Order by the Board Chair.

10 5.7 Within nine months from the effective date o f this Order, Licensee must complete a^ patient communications coursepre-approved by the Board’s Medical Director.

18 2 .

19 Having fully considered Licensee’s request and compliance with these terms, the Board

20 terminates terms 5.1, 5.2, and 5.7 of the October 8, 2015, Stipulated Order effective the date this

21 Order is signed by the Board Chair. All other terms o f the October 8, 2015, Stipulated Order are

22 unchanged and remain in full force and effect.

IT IS SO ORDERED this 4th day of January, 2018.23

24OREGON MEDICAL BOARD

25 State o£Orcgon

26

27 MjfCHAEL MASTRANGELO, MDBoard Chair

PAGE 1 - ORDER MODIFYING STIPULATED ORDER - Patrick Yuk-Hoi Lee, MD

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BEFORE THE


STATE OF OREGON

In the M atter o f ))

KENT FORREST MECKLING, MD ) STIPULATED ORDERLICENSE NO. M D24567 )

)

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 o f

Oregon. Kent Forrest M eckling, MD (Licensee) is a licensed physician in the state o f Oregon.

2 .

On September 9, 2016, Licensee entered into an Interim Stipulated Order with the Board

in which he voluntarily withdrew from the practice o f medicine, pending the conclusion o f

matters before the Board. On October 9, 2017, 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 per violation, and assessment o f costs,

pursuant to ORS 677.205 against Licensee for violations o f the M edical Practice Act, to wit:

ORS 677.190(1 )(a) unprofessional or dishonorable conduct, as defined in ORS 677.188(4)(a);

ORS 677.190(7) impairment, as defined in ORS 676,303; and ORS 677,190 (23) violation o f the

federal Controlled Substances Act.

3.

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


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 of, and entry of, this

Page 1 - STIPULATED ORDER - Kent Forrest Meckling, MD

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Order in the Board’s records. Licensee neither admits or denies but the Board finds that he

engaged in the conduct as described in the aforementioned Complaint and N otice o f Proposed

Disciplinary Action and that this conduct violated ORS 677.190(i)(a) as defined in ORS

677.188(4)(a); ORS 677.190(7), as defined in ORS 676.303; and ORS 677.190 (23). Licensee

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

National Data Bank and the Federation o f State Medical Boards.

4.

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

subject to the following terms and conditions:

4.1 Licensee must not engage in the practice o f anesthesiology in any fashion.

4.2 Licensee may only practice in a practice setting that has been pre-approved by the

Board’s Medical Director.

4.3 Licensee must remain enrolled and in good standing in the Health Professional’s

Services Program for the duration o f his medical career.

4.4 The Interim Stipulated Order o f September 9 ,2016 , term inates effective the date

this Stipulated Order is signed by the Board Chair.

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

signed by the Board Chair.

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

to the practice o f medicine.

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


IT IS SO STIPULATED THIS i Z - ^ day o f . 2017.

KENT FORREST M EeKLING, MD

i f AIT IS SO ORDERED THIS day o f . 2018.

OREGON MEDICAL BOARD ^tate of Oregon

fCHAEL MASTRANGELO, JR., MD BOARD CHAIR


1 BEFORE THE


3 STATE OF OREGON

In the Matter of ))

SCOTT MICHAEL MURRAY, MD ) ORDER MODIFYING6 LICENSE NO. MD15084 ) STIPULATED ORDER

7 ^

8 1.

9 On October 8, 2015, Scott Michael Murray, 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 July 13, 2017, the Board issued an Order Modifying Stipulated Order

12 which modified term 4.11 of the Stipulated Order. On September 26, 2017, Licensee submitted

13 a written request asking the Board to terminate Term 4.9 of this Order, which reads:

14 4.9 Licensee must undergo testing on a semi-annual basis by a person that isI ̂ pre-approved by the Board’s Medical Director and coordinated through the

Board’s compliance officer. Licensee will sign releases to allow full16 communication and exchange o f documents and reports between the Board

and the testing entity.17

18 2 .

19 Having fully considered Licensee’s request, the Board modifies Term 4.9 of the October

20 8, 2015, Stipulated Order as follows:

21 4.9 Licensee must undergo testing on an annual basis by a person that is pre-approved

22 by the Board’s Medical Director and coordinated through the Board’s compliance officer.

23 Licensee will sign releases to allow full communication and exchange of documents and reports

24 between the Board and the testing entity.

25 / / /

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PAGE 1 - ORDER MODIFYING STIPULATED ORDER - Scott Michael Murray, MD

1 This modification becomes effective the date this Order Modifying Stipulated Order is signed by

2 the Board Chair. All other terms of the October 8, 2015, Stipulated Order and July 13, 2017,

3 Order Modifying Stipulated Order are unchanged and remain in full force and effect.

4IT IS SO ORDERED this 4th day of January, 2018.

OREGON MEDICAL BOARD6

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h a e l 'm a^ t r a n g e l o Tj r , MD

PAGE 2 - ORDER MODIFYING STIPULATED ORDER - Scott Michael Murray, MD

BEFORE THE


STATE OF OREGON


TRAVIS LEE PAGE DO ) ORDER TERMINATINGLICENSE NO. D026755 ) CORRECTIVE ACTION AGREEMENT

)

1.

On October 8,2015, Travis Lee Page, DO (Licensee) entered into a Corrective Action

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

Licensee’s Oregon license. On October 13, 2017, Licensee submitted documentation that he has

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

terminated.

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

terminates the October 8,2015, Corrective Action Agreement, effective the date this Order is

signed by the Board Chair.

2 .

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

IT IS SO ORDERED this 4'" day o f January, 2018.

OREGON MEDICAL BOARDState of Oregon

MICHAEL MASTRANGELO, JR, MDBoard Chair

Page -1 ORDER TERMINATING CORRECTIVE ACTION AGREEMENT - Travis Lee Page DO

1 BEFORE THE


3 STATE OF OREGON

4In the Matter o f )

5 )GUY DOMINIC PRIANO, LAC ) STIPULATED ORDER

6 LICENSE NO. ACOO195 )

8 1,


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

11 Oregon. Guy Dominic Priano, LAc (Licensee) is a licensed acupuncturist in the State o f Oregon.i

12 2 .

13 On June 30,2016, the Board opened an investigation after receiving credible information

14 regarding Licensee’s felony arrest.

15 3.

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


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 the 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 public 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 -- Guy Dominic Priano, LAc

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4.1 Licensee surrenders his Oregon acupuncture license while under investigation.

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

to the practice o f acupuncture.



5,

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

IT IS SO STIPULATED this day o f 2017.

GUY DOM INICTRIANO, LAC

/ J

IT IS SO ORDERED this day o f / j t l f t i Y 2018,

OREGON MEDICAL BOARD£ f i ! $

IICHAEL J. MASTRANGELO, JR, MD Board Chair

Page 2 -STIPULATED ORDER - Guy Dominic Priano, LAc

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BEFORE THE


STATE OF OREGON


NEAL JAMES RENDLEMAN, MD ) INTERIM STIPULATED ORDERLICENSE NO. M D 13206 )

)

1.

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

regulating and disciplining certain healthcare providers, including physicians, in the State o f

Oregon. Neal James Rendleman, MD (Licensee) is a licensed physician in the State o f Oregon.

2.

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

initiating an investigation. The results o f the Board’s investigation to date have raised concerns

to the extent that the Board believes it necessary that Licensee agree to cease the practice o f

medicine until the investigation is completed.

3.

In order to address the concerns o f the Board, Licensee and the Board agree to enter into

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

Licensee, and provides that Licensee shall comply with the following conditions effective the

date this Order is signed by Licensee:

3.1 Licensee voluntarily withdraws from the practice o f medicine and his license is

placed in Inactive status pending the completion o f the Board’s investigation into his ability to

safely and competently practice medicine.

3.2 Licensee understands that violating any term o f this Order will be grounds for

disciplinary action under ORS 677.190(17).

I l l

Page - 1 INTERIM STIPULATED ORDER - Neal James Rendleman, MD

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3.3 Licensee must notify the Oregon Medical Board within 10 days as to how patients

may access or obtain their medical records.

4.

At the conclusion of the Board’s investigation, Licensee’s status will be reviewed in an

expeditious manner. Following that review, if the Board determines that Licensee shall not be

permitted to return to the practice of medicine, Licensee may request a hearing to contest that

decision.

5.

This Order is issued by the Board pursuant to ORS 677.265(1) and (2) for the purpose

of protecting the public, and making a complete investigation in order to fully inform itself with

respect to the performance or conduct of the Licensee and Licensee’s ability' to safely and

competently practice medicine. Pursuant to ORS 677.425, Board investigative materials are

confidential and shall not be subject to public disclosure. However, as a stipulation this Order is

a public document and is reportable to the national Data Bank and the Federation of State

Medical Boards.

6.

This Order becomes effective the date it is signed by the Licensee.

IT IS SO STIPULATED THIS V "day o f • 201 $

NEAL JAMES RENDLEMAN, M b

IT IS SO ORDERED THIS / day of ' . 201#.

State of OregonOREGON MEDICAL BOARD

KATHLEEN HALEY, JD EXECUTIVE DIRECTOR

Page -2 INTERIMSTJPULA7ED ORDER - Neal James Rendleman, MD

1 BEFORE THE

2 OREGON M EDICAL BOARD

3 STATE OF OREGON

4In the Matter o f )

5 )WILLIAM MICHAEL RYAN, MD ) STIPULATED ORDER

6 LICENSE NO. MD 16725 )

7

8 1.


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

11 Oregon. William Michael Ryan, MD (Licensee) is a licensed physician in the State o f Oregon.

12 2 .

13 On June 30, 2016, the Board opened an investigation after receiving credible information

14 regarding a possible health condition that potentially impacted Licensee’s medical practice. On

15 M ay 16,2017, Licensee entered into an Interim Stipulated Order with the Board in which he

16 agreed to limitations o f his prescribing for chronic pain.

17 3.

18 Due to Licensee’s health condition, Licensee desires to settle these matters with the

19 Board, and the Board agrees, by the entry o f this Stipulated Order. Licensee understands that he

20 has the right to a contested case hearing under the Administrative Procedures Act (Oregon

21 Revised Statutes chapter 183), and fully and finally waives the right to a contested case hearing

22 and any appeal therefrom by the signing o f and entry o f this Order in the Board’s records.

23 Licensee neither admits nor denies, but the Board finds that Licensee engaged in conduct that

24 violated the Medical Practice Act, to wit: ORS 677.190(1 )(a), as defined in ORS 677.188(4)(a)

25 any condition which does or might adversely affect a physician’s ability to safely and skillfully

26 practice medicine. Licensee understands that this Order is a public record and is a disciplinary

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

Page 1 -STIPU LA TED ORDER - William Michael Ryan, MD

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

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

4.1 Licensee’s medical license will be placed at Administrative Medicine status

effective December 5, 2017. This term is effective the date Licensee signs this Order.

4.2 Licensee retires his Oregon medical license while under investigation, effective

March 1,2018.

4.3 The Interim Stipulated Order o f May 16, 2017, terminates effective the date the

Board Chair signs this Order.

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

to the practice o f medicine.



5.

This Order becomes effective the date it is signed by the Board Chair, with the exception

o f term 4.1 which is effective the date the Licensee signs this Order.

IT IS SO STIPULATED this

IT IS SO ORDERED this

WILLIAM MICHAEL RYAN,

OREGON M EDICAL BOARD

MICHAEL J. MASTRANGELO, JR, MD Board Chair

Page 2 -STIPULATED ORDER — William Michael Ryan, MD

1 BEFORE THE

2 OREGON M EDICAL BOARD

3 STATE OF OREGON

4

5In the M atter o f )

)AWA1S A SG H A R SIDDIKI, M D ) STIPULATED O RD ER

6 LICENSE NO. M D 176723 )

7 }

8 1.

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

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

11 Oregon. Awais A sghar Siddiki, M D (Licensee) is a licensed physician in the State o f Oregon.

12 2 .13 On May 15, 2017, the Board opened an investigation after receiving credible information

14 regarding Licensee’s treatm ent o f Oregon patients with substance use disorder from a location

15 outside o f Oregon. On O ctober 10, 2017, Licensee entered into an Interim Stipulated Order with

16 the Board in which he agreed to treat Oregon patients only when the patient and Licensee were

17 physically present together in a clinical setting in Oregon.

18 3.

19 Licensee and the Board desire to settle this m atter by the entry o f this Stipulated Order.

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

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

22 contested case hearing and any appeal therefrom by the signing o f and entry o f this Order in the

23 Board’s rceords. Licensee neither admits nor denies, but the Board finds that Licensee engaged

24 in conduct that violated the M edical Practice Act, to wit: ORS 677.190(1)(a), unprofessional or

25 dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.135 practice o f m edicine

26 across state lines; ORS 677.190(13) gross or repeated negligence in the practice ot medicine; and

27 677.190(24) prescribing controlled substances without a legitimate m edical purpose, or

Page 1 - S T I P U L A T E D O R D E R - A w a is A sghar Siddiki, M D

1 prescribing controlled substances without following accepted procedures for examination o f

2 patients, or prescribing controlled substances without following accepted procedures for record

3 keeping. Licensee understands that this O rder is a public record and is a disciplinary action that

4 is reportable to the DataBank and the Federation o f State Medical Boards.

5 4.

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

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

8 4.1 Licensee surrenders his Oregon medical license while under investigation.

9 4.2 The Interim Stipulated Order o f October 10, 2017, term inates effective the dale

10 this Stipulated O rder is signed by the Board Chair.

11 4.3 Licensee must obey all Federal and Oregon State laws and regulations pertaining

12 to the practice o f medicine.

13 4.4 Licensee stipulates and agrees that any violation o f the terms o f this O rder shall

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

15 5.

16 This O rder becom es effective the date it is signed by the Board Chair.

17

18 IT IS SO STIPU LATED this \ ( p day o f 2017.

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22 IT IS SO ORD ERED this

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25Board Chair

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AW AIS ASGHAR SIDDIKI, MD

day o r ^ U A A /iM M

OREGON M EDICAL BOARD

M ICHAEL J. M ASTRANGELO , JR, M

Page 2 -STIPU LA TED ORD ER - Awais Asghar Siddiki, MD

1 BEFORE THE


3 STATE OF OREGON

4 In the Matter of: ))

5 KENNETH FRED WENBERG, MD ) STIPULATED ORDERLICENSE NO. M D 14131 ^

6 )7

8 L


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

11 Oregon. Kenneth Fred Wenberg, M D (Licensee) is a licensed physician in the state o f Oregon.

12 2.

13 On May 15, 2017, the Board issued a Complaint and Notice o f Proposed Disciplinary

14 Action [Notice] in which the Board proposed taking disciplinary action against Licensee by

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

16 include the revocation o f license, a $10,000 civil penalty, and assessment o f costs, against

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

18 dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.190(15) disciplinary action by

19 another state; and ORS 677.190(17) w illfu lly violating any rule adopted by the Board or Board

20 order, or failing to comply w ith a Board request pursuant to ORS 677.320.

21 3.

22 Licensee also holds a license to practice medicine in the state o f Washington. Licensee’ s

23 acts and conduct that violated the Medical Practice Act follow:

24 3.1 Licensee has an extensive record o f disciplinary action with the Washington

25 Medical Quality Assurance Commission (MQAC), in violation o f ORS 677.190(15), which he

26 failed to timely report to the Board as required by board rule, in violation o f ORS 677.190(17).

27 On June 3, 2010, MQAC approved a final order with the caption “ Stipulated Findings o f Fact,

Page 1 - STIPULATED ORDER - Kenneth Fred Wenberg, MD

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Conclusions o f Law, and Agreed Order” that was signed by Licensee. In this Agreed Order,

MQAC placed Licensee on probation and imposed a fine. The terms o f probation included two

years o f compliance monitoring and required Licensee to complete some specific continuing

education courses. Licensee subsequently underwent an investigation in Oregon, and signed a

Stipulated Order that this Board approved on June 2, 2011, which imposed terms o f probation, to

include a requirement that he fully comply with the Washington Agreed Order and that he notify

this Board “ i f MQAC finds that he is out o f compliance with the Washington Agreed Order, or

modifies the Agreed Order in any way.” On November 1, 2012, Licensee participated in a

contested hearing in Washington where he faced allegations o f unprofessional conduct by failing

to comply with the terms o f probation, as set forth in the Agreed Order. On December 11, 2012,

MQAC issued Findings o f Fact, Conclusions o f Law and Final Order, which superseded the

2010 Agreed Order, and found that Licensee had engaged in unprofessional conduct and that

Licensee must remain in probationary status and comply with certain conditions, to include a

requirement to provide notice o f his ongoing employment and to “ cause the Medical Officer

responsible for clinical supervision to submit quarterly performance evaluation reports directly to

the Commission.” Licensee failed to timely report the 2012 Final Order to the Board, in violation

o f ORS 677.190(1 )(a), as defined in ORS 677.188(4)(a); and OAR 847-010-0073(1 )(a), which

requires licensees to self-report any official action taken against the licensee within 10 business

days; and violated the terms o f the Board’s Stipulated Order o f 2011, in violation o f ORS

677.190(17).

3.2 In a letter dated December 17,2015, that was addressed to Licensee, MQAC

informed Licensee that it had not received a required declaration and performance evaluations

from two physicians and that Licensee was “ out o f compliance” and had failed to comply with

the reporting requirements o f the 2012 Final Order. Licensee disputes having received this letter

prior to submitting his renewal application, however, he acknowledges having received multiple

communications regarding issues related to his compliance with the 2012 Final Order prior to

submitting his renewal application. Licensee failed to inform this Board that he had received any


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o f these communications regarding his compliance with the 2012 Final Order. This failure

violated ORS 677.190(l)(a), as defined in ORS 677.188(4)(a); as well as OAR 847-010-0073(1)

which requires licensees to self-report any official action taken against the licensee within 10

business days; and also did not comply with terms o f the Board’s Stipulated Order o f 2011, in

violation o f ORS 677.190(17).

3.3 Licensee submitted an application to renew his license with this Board on

December 29, 2015. In his application, Licensee disclosed the existence o f the 2012 MQAC

Final Order, but failed to inform the Board that he had received notice from the State o f

Washington Department o f Health Adjudicative Service Unit captioned “ Notice o f Hearing on

Motion” notifying Licensee that an administrative hearing regarding the Medical Program’s

(MQAC) motion related to noncompliance with the Final Order. The notice was dated July 23,

2015, and the hearing was scheduled for August 26, 2015. This omission violated OAR 847-

008-0058, which prohibits licensees from submitting a license application with omissions or

false, misleading or deceptive statements or information, in violation o f ORS 677.190(17).

3.4 On January 15, 2016, MQAC issued a Statement o f Charges that Licensee had

failed to comply with his 2012 Final Order. On September 21, 2016, Licensee signed, and on

October 7, 2016, MQAC approved Stipulated Findings o f Fact, Conclusions o f Law, and Agreed

Order that concluded Licensee had failed to comply with the terms o f his 2012 Final Order and

had repeatedly failed to timely submit declarations and reports. This constitutes a violation o f

ORS 677.190(l)(a), as defined in ORS 677.188(4)(a); ORS 677.190(15) disciplinary action by

another state as well as violating the Board’s Stipulated Order o f 2011, in violation o f ORS

677.190(17).

4.

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


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



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

paragraph 3 above and that this conduct violated ORS 677.190(l)(a) unprofessional or

dishonorable conduct, as defined in ORS 677.188(4)(a); ORS 677.190(15) disciplinary action by

another state; and ORS 677.190(17) w illfu lly violating any rule adopted by the Board or Board

order, or failing to comply with a Board request pursuant to ORS 677.320. Licensee

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

National Data Bank and the Federation o f State Medical Boards.

5.

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

subject to the following terms and conditions:

5.1 Licensee is reprimanded.

5.2 Licensee must pay a c iv il penalty o f $5,000 within six months from the effective

date o f this Order. Licensee may make payments i f he desires, as long as no payment, excepting

the final payment, is less than $100.

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

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

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

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

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

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

maintaining the equipment and technology necessary for him to participate in the electronic

meetings. Licensee w ill be notified i f and when such meetings are scheduled in lieu o f an in-

person appearance at a quarterly Board meeting.

5.4 Licensee must fu lly comply with the terms o f the MQAC issued Stipulated

Findings o f Fact, Conclusions o f Law and Agreed Order, dated October 7, 2016. (See

attachment)


Dec 15 2017 09:51 HP Fax page 2

1 5,5 Licensee must notify the Board i f MQAC finds that he is out o f compliance with

2 the MQAC Agreed Order, or makes any modification to this Order.

3 5.6 Licensee must forward directly to the Board a copy o f any correspondence or

4 documents sent to, or received from, MQAC or other governmental entity regarding compliance

5 with tiie MQAC Agreed Order, These materials must be sent to the Board within 10 calendar'

6 days of mailing by Licensee, or his representative, or ftom date of receipt by Licensee.

7 5.7 Licensee's medical practice is subject to random, no notice chart audits and office

8 visits by Board designees.

9 5.8 In the event the Washington MQAC terminates the Agreed Order o f October 7,

10 2016, Licensee may submit a written request to modify or terminate the terms of this Stipulated

11 Order, provided that two years have elapsed from the effective date o f this Order.

12 5.9 The Stipulated Order dated June 2,2011, terminates effective the date this Order

13 is signed by the Board Chair.



16 5.11 Licensee must obey all federal and Oregon state laws and regulations pertaining


18 5,12 Licensee stipulates and agrees that any violation o f the terms of this Order shall

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

20 IT IS SO STIPULATED THIS M day of jk c t+ d w r , 2017.21

22 RENNET/

23 . IT IS SO ORDERED THIS day oftQ g k j id 'ki.L 2018.n /

24 /OREGON MEDICAL BOARD

25 ]Slte|e efjOfegon

26M ic h a e l m a s t r a n g e l o jr ., m d

27 ROARD CHAIR


STATE OF WASHINGTON MEDICAL QUALITY ASSURANCE COMMISSION

In the Matter of the License to Practice as a Physician and Surgeon of No. M2016-86

KENNETH WENBERG, MDLicense No. MD00025365

STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AGREED ORDER

Respondent.

The Medical Quality Assurance Commission (Commission), through Lawrence

Berg, Staff Attorney, and Respondent, represented by John E. Pollino, Attorney,

stipulate and agree to the following.

1.1 On June 3, 2010, the Commission entered Stipulated Findings of Fact,

Conclusions of Law, and Agreed Order in case no. M2008-118474 (2010 Agreed Order).

The 2010 Agreed Order states that Respondent's care of an elderly patient was below the

standard of care. Respondent was required to complete continuing medical education

(CME), submit to periodic practice reviews of his patient medical records, and pay a fine.

1.2 On December 11, 2012, the Commission entered Findings of Fact,

Conclusions of Law, and Final Order in case no. M2011-1317 (2012 Final Order). The 2012

Final Order states that Respondent failed to comply with requirements stated in the 2010

Agreed Order. The 2012 Final Order superseded the 2010 Agreed Order and imposed

conditions: Respondent’s license remained on probation; Respondent was required to

provide notice of his ongoing employment; Respondent was required to cause his clinical

supervisor to file quarterly performance reports; and Respondent was required to file

quarterly personal reports regarding his completion of CME, including specified course work.

1.3 On January 15, 2016, the Commission issued a Statement of Charges against

Respondent in this adjudication case based on a complaint in case no. 2015-6911 that

Respondent failed to comply with the 2012 Final Order. On February 1, 2016, the

Commission issued an Amended Statement of Charges to correct the adjudication case

number.

1. PROCEDURAL STIPULATIONS

STIPULATED FINDINGS OF FACT,CONCLUSIONS OF LAW, AND AGREED ORDERNO. M2Q16-86

PAGE 1 OF 8

1.4 The Commission is prepared to proceed to a hearing on the allegations

in the Amended Statement of Charges.

1.5 Respondent has the right to defend against the allegations in the-

Amended Statement of Charges by presenting evidence at a hearing.

1.6 The Commission has the authority to impose sanctions pursuant to

RCW 18.130.160 if the allegations are proven at a hearing.

1.7 The parties agree to resolve this matter by means of this Stipulated

Findings of Fact, Conclusions of Law, and Agreed Order (Agreed Order). This Agreed

Order supersedes the 2012 Final Order.

1.8 Respondent waives the opportunity for a hearing on the Amended

Statement of Charges if the Commission accepts this Agreed Order.

1.9 This Agreed Order is not binding unless it is accepted and signed by the

Commission.

1.10 If the Commission accepts this Agreed Order, it will be reported to the

National Practitioner Data Bank (45 CFR Part 60), the Federation of State Medical

Boards’ Physician Data Center and elsewhere as required by (aw.

1.11 This Agreed Order is a public document, It will be placed on the

Department of Health's website, disseminated via the Commission’s electronic mailing

list, and disseminated according to the Uniform Disciplinary Act (Chapter 18.130

RCW). It may be disclosed to the public upon request pursuant to the Public Records

Act (Chapter 42.56 RCW), It will remain part of Respondent's file according to the

state’s records retention law and cannot be expunged.

1.12 If the Commission rejects this Agreed Order, Respondent waives any .

objection to the participation at hearing of any Commission members who heard the

Agreed Order presentation.

STIPULATED FINDINGS OF FACT,CONCLUSIONS OF LAW, AND AGREED ORDERNO. M20.16-86 A E S I jP *

PAGE2 OF 8

AO -R EV . 2-0?

(

. 2. FINDINGS OF FACT

Respondent and the Commission acknowledge that the evidence is sufficient to justify

the following findings, and the Commission makes the following findings of fact.

2.1 On March 28, 1988, the state of Washington issued Respondent a

license to practice as a physician and surgeon. Respondent is not board certified, but

self designates his specialty as family medicine. Respondent’s license is active, but

on probation.

2.2 On December 11, 2012, the Commission'issued the 2012 Final Order which

continued probation on Respondent's license and imposed quarterly reporting

requirements. Respondent has failed to comply with the terms of the 2012 Final Order.

For reporting quarters between July 2013 and January 2016, Respondent repeatedly failed

to timely submit required declarations and reports.

2.3 Respondent was repeatedly notified about the reporting deadlines and how

failure to comply constituted a violation of the 2012 Final Order. Respondent was aware

that violating the terms of the 2012 Final Order could cause the Commission to pursue

formal charges, including suspension or revocation of Respondent's license.

3. CONCLUSIONS OF LAW

The Commission and Respondent agree to the entry of the following Conclusions

of Law.

3.1 The Commission has jurisdiction over Respondent and over the subject

matter of this proceeding.

3.2 Respondent has committed unprofessional conduct in violation of

RCW 18.130.180(9).

3.3 The above violation provides grounds for imposing sanctions under

RCW 18.130.160

4. AGREED ORDER

Based on the Findings of Fact and Conclusions of Law, Respondent agrees'to

entry of the following Agreed Order.

4-1 Probation. Respondent's license remains on PROBATION.

PAGE 3 OF 8

AO -REV. 207

STIPULATED FINDINGS OF FACT,CONCLUSIONS OF LAW, AND AGREED ORDERNO. M2016'86

(

4.2 Modification. Respondent may petition the Commission in writing to

modify the Probation term no sooner than twelve (12) months from the effective date of

this Agreed Order. The Commission will issue a notice scheduling a date and time for

Respondent to appear, unless the Commission waives the need for an appearance.

4.3 Practice Requirements. Respondent must practice within the

parameters of his skill and knowledge. Respondent’s place of practice must have

physician supervision. Both the place of practice and the supervising physidan(s) must

be approved by the Commission. Respondent’s current places of practice under the

supervision of Dr. Bruce Carlson and Dr. Russell Nichols are pre-approved by the

Commission. The name and location of all other places of practice and supervising

physician must be submitted and approved within thirty (30) days of beginning practice.

If the Commission disapproves of the practice location, Respondent will cease

practicing as soon as practicable and based upon contractual obligations, without being

found in violation of the Agreed Order. Respondent must cause any new supervising

physician to verify that he/she has read the Agreed Order and agrees to comply with

Paragraph 4.4.2.

4.4 Quarterly Declarations and Reports. Respondent shall submit the

following declarations to the Commission.

4.4.1 Continuing Medical Education (CME). Respondent shall submit

quarterly declarations, on a Commission-approved form identifying all

continuing medical education completed during the quarter, and provide copies '

of certificates of completion. The Commission recommends that Respondent

attend courses that are clinically based and practice specific. Quarterly

declarations are due October 1, January 1, April 1, and July 1.

4.4.2 Supervising Physician Reports. Respondent must make

reasonable efforts to cause his supervising physician(s) to submit quarterly

reports regarding Respondent's clinical performance. The supervising physician

shoufd consider Respondent’s skills and progress, including but not limited to:

the timeliness and completeness of patient recordkeeping; the appropriate

referral of patients to other providers; and the timely review of reports and tests

from other providers. The supervising physician may supplement written reportsSTIPULATED FINDINGS OF FACT, " " : PAGE 4 OF 8CONCLUSIONS OF LAW, AND AGREED ORDERNO. M2016-86 AO - REV. 2-0?

with oral reports to the Commission’s Medical Consultant. The supervising

physician must file additional reports if concerns arise regarding Respondent’s

practice standards. Quarterly reports are due by the second Friday of October,

January, April, and July.

4.5 Address for Documents. All declarations and documents must be

submitted to the Commission, in both electronic and printed format, to the respective

address below:

1. [email protected]

2. Compliance OfficerMedical Quality Assurance Commission P.O. Box 47866Olympia, Washington 98504-7866

4.6 Compliance Orientation. Respondent shall complete a compliance

orientation in person or by telephone within sixty (60) days of the effective date of this

Agreed Order. Respondent must contact the Compliance Unit at the Commission by

calling 360-236-2763, or by sending an email to: [email protected]

provide a contact phone number where Respondent can be reached for scheduling

purposes. Respondent is permitted to have counsel present during the orientation.

4.7 Personal Appearances. Respondent must personally appear before the

Commission in approximately six (6) months of the effective date of this Agreed Order,

or as soon thereafter as the Commission's schedule permits. Thereafter, Respondent

must make personal appearances annually or as frequently as the Commission

otherwise requires until the Commission terminates this Agreed Order, unless the

reasonable notice of all scheduled appearances to Respondent and his attorney, but

not less than thirty (30) days prior to the appearance. The purpose of appearances is

to provide meaningful oversight of Respondent’s compliance with this Agreed Order.

4.8 Fine. Respondent shall pay a fine to the Commission in the amount

of three thousand dollars ($3,000.00), which must be received by the Commission

within twelve (12) months of the effective date of this Agreed Order. The fine shall

STIPULATED FINDINGS OF FACT, PAGE 5 OF 8CONCLUSIONS OF LAW, AND AGREED ORDER

within ten (10) days of the effective date of this Agreed Order. Respondent must

Commission waives the need for an appearance. The Commission will provide

NO. M2016-86 AO -REV, 2-07

mailto:[email protected]

mailto:[email protected]

be paid by certified or cashier’s check or money order, made payable to the

Department of Health and mailed to Department of Health, Medical Quality

Assurance Commission, P.O. Box 1099, Olympia, Washington, 98507-1099.

4.9 Obey all laws. Respondent shall obey all federal, state and local laws

and all administrative rules governing the practice of the profession in Washington.

4.10 Compliance Costs. Respondent is responsible for all costs of complying

with this Agreed Order.

4.11 Violation of Order, if Respondent violates any provision of this Agreed

Order in any respect, the Commission may initiate further action against Respondent's

license.

4.12 Change of Address. Respondent shall inform the Commission and the

Adjudicative Clerk Office, in writing, of changes in Respondent’s residential and

business address within thirty (30) days of the change.

4.13 Effective Date of Order. The effective date of this Agreed Order is the

date the Adjudicative Clerk Office places the signed Agreed Order into the U.S. mail.

If required, Respondent shall not submit any fees or compliance documents until after

the effective date of this Agreed Order. Until the effective date of this Agreed Order,

Respondent shall continue to submit reports as required in the 2012 Final Order.

4.14 Termination. Respondent may petition the Commission to terminate

this Stipulation no sooner than two (2) years after the effective date of this Stipulation.

The Commission will issue a notice scheduling a date and time for Respondent to

appear, unless the Commission waives the need for an appearance.

5.1 The Commission applies WAC 246-16-800, et seq., to determine

appropriate sanctions. Respondent's failure to comply with an existing Final Order is

not addressed by the sanction schedules. When no sanction schedule applies to

unprofessional conduct then WAC 246-16-800(2)(d) allows the Commission to use its

judgment in determining appropriate sanctions. Respondent's late submission of

reports and declarations reflects a disregard for his obligations under the prior Orders.

STIPULATED FINDINGS OF FACT, PAGE 6 OF 8CONCLUSIONS OF LAW, AND AGR

5. COMPLIANCE WITH SANCTION RULES

NO. M2016-86

5.2 The Commission previously identified mitigating and aggravating factors

in this case, It is mitigating that Respondent's late-filed declarations reflect his

continued attendance in CME courses. Respondent’s supervising physicians'

declarations also consistently report Respondent’s satisfactory performance. It is

aggravating that Respondent has been subject to a Commission order since 2008

because of his failure to comply with the sanctions of that order. The mitigating and

aggravating factors are equally weighed justifying the imposition of sanction terms

similar to Respondent’s prior order.

5.3 Respondent’s repeated failure to satisfy the prior order's minimum two-

year period of compliance justifies imposition of sanctions similar to the previous

order. Respondent must comply with the requirements of this Agreed Order for a

minimum two years. The sanctions in this case include probation with ability to modify

that term after twelve (12) months, quarterly on-time submittals of CME and

supervisory evaluations, personal appearances, and $3,000.00 fine.

6. FAILURE TO COMPLY

Protection of the public requires practice under the terms and conditions

imposed in this order. Failure to comply with the terms and conditions of this order

may result in suspension of the license after a show cause hearing. If Respondent

fails to comply with the terms and conditions of this order, the Commission may hold a

hearing to require Respondent to show cause why the license should not be

suspended. Alternatively, the Commission may bring additional charges of

unprofessional conduct under RCW 18.130.180(9). In either case, Respondent will be

afforded notice and an opportunity for a hearing on the issue of non-compliance.

If

II

I!

STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AGREED ORDER NO. M2016-86

PAGE 7 OF 8

AO - REV. 2-07

7. RESPONDENT’S ACCEPTANCEi, KENNETH WENBERG, MD, Respondent, certify that I have read this Agreed

Order in its entirety; that my counsel of record has explained its legal significance, and

that I understand this Agreed Order. This Agreed Order may be presented to the

Commission without my appearance. I understand that I will receive a signed copy if

the Commission accepts this Agreed Order.

8. COMMISSION’S ACCEPTANCE AND ORDER

The Commission accepts and enters this Stipulated Findings of Fact,

■ Conclusions of Law and Agreed Order.

KENNETH WEh RESPONDENT

JQTfNI POLLINOTW$BA#22593

DATE

DATE

DATED: 2016.

STATE OF WASHINGTON'MEDICAL QUALITY ASSURANCE COMMISSION

I/ I

PRESENTED BY:

LAWRENCE J. BERG, WSBA# 2^334 STAFF ATTORNEY '

STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW. AND AGREED ORDER NO, M2018-86

PAGE 8 OF 8

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