Texas Medical Board Monthly Meeting Results
 

AUSTIN May 14, 2019 - The following disciplinary actions have been taken since the previous bulletin was issued. To read previous bulletins and news releases, visit: http://www.tmb.state.tx.us/page/news

TEMPORARY SUSPENSION/RESTRICTION
Berry, Alison Joan, M.D., Lic. No. F3757, San Antonio

On February 4, 2019, a disciplinary panel of the Texas Medical Board temporarily suspended, with notice, the Texas medical license of Alison Joan Berry, M.D., after determining her continu- ation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that Dr. Berry suffers from an impairment due to alcohol abuse/dependence. Dr. Berry had entered into an agreement with the Board to undergo random screening and to monitor compliance; however, Dr. Berry violated the terms of her agreement with the Board by testing positive and missing screens on multiple occasions and failing to cooperate with Board staff. The temporary suspension remains in place until the Board takes further action.

Galindo, Eugenio G., M.D., Lic. No. J1667, McAllen

On March 19, 2019, a disciplinary panel of the Texas Medical Board temporarily restricted, with notice, the Texas medical license of Eugenio G. Galindo, M.D., after determining his contin- uation in the unrestricted practice of medicine poses a continu- ing threat to public welfare. The restriction was effective imme- diately. Dr. Galindo is prohibited from diagnosing, examining or treating female patients or providing any consultation for the treatment of any female patient. This includes delegating the diagnosis, examination or treatment of any female patient to any midlevel providers or unlicensed individuals. Additionally, Dr. Galindo shall have no contact with any of the individual com- plainants in this matter. The Board panel found, based on the evidence, that the allegations pending against Dr. Galindo are serious and supported by sworn testimony before the panel. Dr. Galindo was arrested by the Edinburg Police Department on December 6, 2018, on two charges of sexual assault and one count of attempted sexual assault involving patients and em- ployees. The temporary restriction remains in place until the Board takes further action.

Hallett, Robert Victor, M.D., Lic. No. L9581, Lufkin

On February 20, 2019, a disciplinary panel of the Texas Medical Board temporarily restricted, with notice, the Texas medical license of Robert Victor Hallett, M.D., after determining his con- tinuation in the unrestricted practice of medicine poses a contin- uing threat to public welfare. The restriction was effective imme- diately. The Board panel found that Dr. Hallett’s temporary sus- pension entered on January 3, 2019 due to impairment issues shall be lifted for the sole purpose of a KSTAR assessment but that he shall be restricted from any and all practice. The tempo- rary restriction remains in place until the Board takes further action.

Hayes, Leo M., D.O., Lic. No. K2486, Houston

On March 28, 2019, a disciplinary panel of the Texas Medical Board temporarily restricted, without notice, the Texas medical license of Leo M. Hayes, D.O., after determining his continuation in the unrestricted practice of medicine poses a continuing threat to public welfare. The restriction was effective immedi- ately. Dr. Hayes is prohibited from administering, distributing or prescribing Schedule II controlled substances in Texas. The Board panel found that Dr. Hayes is prescribing at a high volume, a majority of which were Schedule II controlled substances, in- cluding opioids. Dr. Hayes is not registered as a pain manage- ment clinic as required. A temporary restriction hearing with notice will be held as soon as practicable with 10 days' notice to Dr. Hayes, unless the hearing is specifically waived by Dr. Hayes. The temporary restriction remains in place until the Board takes further action.

Lairmore, Terry C., M.D., Lic. No. M1193, Belton

On January 3, 2019, a disciplinary panel of the Texas Medical Board temporarily suspended, without notice, the Texas medical license of Terry C. Lairmore, M.D., after determining his continu- ation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that Dr. Lairmore has potentially participated in patient care while under the influence of controlled substanc- es, and based on his termination by a licensed health care entity, the evidence shows Dr. Lairmore may pose a threat to patient safety. A temporary suspension hearing with notice will be held as soon as practicable with 10 days' notice to Dr. Lairmore, un- less the hearing is specifically waived by Dr. Lairmore. The tem- porary suspension remains in place until the Board takes further action.

O’Brien, Michael Francis, M.D., Lic. No. N5289, Dallas

On February 15, 2019, a disciplinary panel of the Texas Medical Board temporarily suspended, without notice, the Texas medical license of Michael Francis O’Brien, M.D., after determining his continuation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immedi- ately. The Board panel found that Dr. O’Brien is not able to prac- tice medicine due to past medical incidents that impaired his ability to safely practice medicine, and is in violation of his Texas Physician Health Program Monitoring and Assistance Agreement for failing to undergo required drug and alcohol testing and for testing positive on two occasions. A temporary suspension hear- ing with notice will be held as soon as practicable with 10 days' notice to Dr. O’Brien, unless the hearing is specifically waived by Dr. O’Brien. The temporary suspension remains in place until the Board takes further action.

Parde, Andrea, M.D., Lic. NO. Q4485, Lincoln, NE

On January 3, 2019, a disciplinary panel of the Texas Medical Board temporarily suspended, without notice, the Texas medical

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license of Andrea Parde, M.D., after determining her continua- tion in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that Dr. Parde agreed to a suspension of her Nebraska medical license on or about October 20, 2018. The action by Nebraska was the result of allegations that Dr. Parde had abused or was dependent on alcohol or controlled sub- stances and had improperly obtained controlled substances. Dr. Parde has failed to cooperate with the Board’s investigation re- lated to the Nebraska action. A temporary suspension hearing with notice will be held as soon as practicable with 10 days' no- tice to Dr. Parde, unless the hearing is specifically waived by Dr. Parde. The temporary suspension remains in place until the Board takes further action.

Peel, Garrett Keith, M.D., Lic. No. N3987, Beaumont

On April 23, 2019, a disciplinary panel of the Texas Medical Board temporarily restricted, with notice, the Texas medical license of Garrett Keith Peel, M.D., after determining his contin- uation in the unrestricted practice of medicine poses a continu- ing threat to public welfare. The restriction was effective imme- diately. Dr. Peel is prohibited from performing any surgical cases involving the breast, including, but not limited to lumpectomies, mastectomies, reconstruction, augmentation, and implantation. The Board panel found, based on evidence provided, that Dr. Peel has established a pattern of patient care that deviates sig- nificantly from the applicable standard of care in his surgical practices. The temporary restriction remains in place until the Board takes further action.

Vermillion, David L., M.D., Lic. No. L9588, Lubbock

On February 15, 2019, a disciplinary panel of the Texas Medical Board temporarily suspended, without notice, the Texas medical license of David L. Vermillion, M.D., after determining his contin- uation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that Dr. Vermillion has failed multiple drug tests, and has three recent arrests for violating a Protective Or- der while on community supervision. A temporary suspension hearing with notice will be held as soon as practicable with 10 days' notice to Dr. Vermillion, unless the hearing is specifically waived by Dr. Vermillion. The temporary suspension remains in place until the Board takes further action.

Villarreal, Juan Antonio, M.D., Lic. No. H3292, Corpus Christi

On February 5, 2019, a disciplinary panel of the Texas Medical Board temporarily suspended, without notice, the Texas medical license of Juan Antonio Villarreal, M.D., after determining his continuation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immedi- ately. The Board panel found that Dr. Villarreal was arrested by the Corpus Christi Police Department on December 17, 2018 on three felony charges of sexual assault and the case has been referred to the Nueces County District Attorney for prosecution. Based on evidence that Dr. Villarreal has been arrested and in- dicted on felony sexual assault charges, the panel finds an immi- nent peril to the public health, safety, or welfare. A temporary

suspension hearing with notice will be held as soon as practica- ble with 10 days' notice to Dr. Villarreal, unless the hearing is specifically waived by Dr. Villarreal. The temporary suspension remains in place until the Board takes further action.

QUALITY OF CARE
Cox, Derrick Dione, M.D., Lic. No. P7262, El Paso
On March 1, 2019, the Board and Derrick Dione Cox, M.D., en- tered into an Agreed Order requiring him to within one year and three attempts pass the Medical Jurisprudence Exam; within one year complete at least 16 hours of CME, divided as follows: four hours in medical recordkeeping, four hours in risk management, four hours in ethics and four hours in treating acute abdominal conditions; and within 60 days pay an administrative penalty of $1,000. The Board found Dr. Cox failed to diagnose a patient’s ruptured appendix and discharged the patient, delaying treat- ment.

Freiha, Ghassan Shawki, M.D., Lic. No. J6439, New Braunfels

On March 1, 2019, the Board and Ghassan Shawki Freiha, M.D., entered into an Agreed Order publicly reprimanding Dr. Freiha and requiring him to within one year complete at least 16 hours of in-person CME, divided as follows: eight hours in risk manage- ment and eight hours in patient communication; and within 60 days pay an administrative penalty of $3,000. The Board found Dr. Freiha violated the standard of care with regard to a urology patient for whom he performed a transurethral resection of the prostate. Specifically, Dr. Freiha failed to properly evaluate and examine the patient, which resulted in a delayed diagnosis of prostate cancer.

Gill, Zeba, M.D., Lic. No. K1448, San Antonio

On March 1, 2019, the Board and Zeba Gill, M.D., entered into an Agreed Order requiring her to have her practice monitored by another physician for eight consecutive monitoring cycles; within one year complete at least eight hours of CME, divided as follows: four hours in evaluation of abnormal urinalysis and four hours in risk management; and within 60 days pay an adminis- trative penalty of $3,000. The Board found Dr. Gill violated the standard of care for a patient by not ordering confirmatory testing to assess renal disease, refer the patient to a urologist or order CT urography for a patient who was diagnosed with blad- der cancer.

Markman, Bruce Scott, M.D., Lic. No. Q6230, Allen

On March 1, 2019, the Board and Bruce Scott Markman, M.D., entered into an Agreed Order requiring him to within a year complete at least 12 hours of CME, divided as follows: four hours in communications, four hours in post-operative complica- tions and four hours in risk management. The Board found Dr. Markman treated a patient for a grade I open comminuted frac- ture of the distal humerus and failed to timely follow-up with concerns expressed by the nurse of circulation and perfusion issues a few days following surgery.

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Morshedi, Brandon, M.D., Lic. No. Q5698, Dallas

On March 1, 2019, the Board and Brandon Morshedi, M.D., en- tered into an Agreed Order Upon Formal Filing publicly repri- manding Dr. Morshedi and requiring him to within one year complete at least 12 hours of CME, divided as follows: eight hours in presentation of sepsis in pediatric patients ages 0 to 5 years old and four hours in ear, nose and throat infections in school-aged children. The Board found Dr. Morshedi failed to meet the standard of care in the assessment and treatment of a pediatric patient who died from bacterial meningitis after being discharged. This order resolves a formal complaint filed at the State Office of Administrative Hearings.

Nasur, Ali Mohammed, M.D., Lic. No. P4685, El Paso

On March 1, 2019, the Board and Ali Mohamed Nasur, M.D., entered into an Agreed Order requiring him to within one year complete the Medical Record Keeping Seminar offered by the Center for Personalized Education for Physicians (CPEP); and have his practice monitored by another physician for 12 consec- utive monitoring cycles. The Board found Dr. Nasur violated the standard of care for the treatment of four patients and failed to maintain adequate medical records.

Wadiwala, Irfan Ibrahim, D.O., Lic. No. N0535, Houston

On March 1, 2019, the Board and Irfan Ibrahim Wadiwala, D.O., entered into an Agreed Order requiring him to within one year and three attempts pass the Medical Jurisprudence Exam; and within one year complete at least 24 hours of CME, divided as follows: eight hours in medical recordkeeping, eight hours in risk management and eight hours in physician-patient communica- tion. The Board found Dr. Wadiwala failed to meet the standard of care for a patient when he failed to provide appropriate post- operative care following a revised gastric sleeve procedure and failed to keep adequate medical records.

UNPROFESSIONAL CONDUCT
Mulla, Nabeel Mushtaq, M.D., Lic. No. BP10054530, El Paso
On March 1, 2019, the Board and Nabeel Mushtaq Mulla, M.D., entered into an Agreed Order publicly reprimanding Dr. Mulla. The Board found Dr. Mulla was terminated from his residency program as a result of a felony arrest to which he later pled guilty to a second degree felony charge and received an order of deferred adjudication.

Ngwu, Samuel C., M.D., Lic. No. K2087, Enugu, Enugu, Nigeria

On March 1, 2019, the Board entered a Final Order regarding Samuel C. Ngwu, M.D., requiring him to within 60 days mail apology letters to two patients; within one year complete at least four hours of CME in risk management; within one year and three attempts pass the Medical Jurisprudence Exam; and within 60 days pay an administrative penalty of $3,000. The Board found Dr. Ngwu failed to comply with Board rules regard- ing the closure of a medical practice, failed to produce medical and/or billing records for several patients, and failed to cooper- ate with Board staff. The action was based on the findings of an Administrative Law Judge at the State Office of Administrative

Hearings. This order resolves a formal complaint filed at SOAH.

Valenzuela, Rafael E., M.D., Lic. No. F7948, Houston

On March 1, 2019, the Board and Rafael E. Valenzuela, M.D., entered into an Agreed Order under the following terms: for a period of five years Dr. Valenzuela is prohibited from supervising delegates and is prohibited from prescriptive delegation authori- ty; within one year and three attempts pass the Medical Juris- prudence Exam; within one year complete at least 24 hours of CME, divided as follows: eight hours in risk management, eight hours in medical ethics and eight hours in supervision. The Board found Dr. Valenzuela aided and abetted in the unlicensed practice of medicine.

Weaver, Kevinn Len, M.D., Lic. No. K5024, Dallas

On March 1, 2019, the Board and Kevinn Len Weaver, M.D., en- tered into an Agreed Order requiring him to within 45 days ob- tain a Board-approved psychiatrist and undergo an Independent Medical Evaluation and follow all recommendations made for care and treatment; abstain from the consumption of prohibited substances as defined by the Order; and participate in the Board’s drug testing program. The Board found Dr. Weaver dis- played unprofessional conduct based on a pattern of disruptive and inappropriate behavior from 2012 to 2018.

REVOCATION

Olusola, Benedict O., M.D., Lic. No. J7118, DeSoto

On March 1, 2019, the Board entered a Final Order regarding Benedict O. Olusola, M.D., revoking his Texas medical license. The Board found Dr. Olusola violated his previous orders which included providing false information regarding his practice. Dr. Olusola was practicing in violation of the imposed restrictions on his practice. The action was based on the findings of an Adminis- trative Law Judge at the State Office of Administrative Hearings. This order resolves a formal complaint filed at SOAH.

VOLUNTARY SURRENDER/REVOCATION

Allibone, George William, M.D., Lic. No. F6384, Houston

On March 1, 2019, the Board and George William Allibone, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Allibone agreed to voluntarily surrender his Texas medical license in lieu of further disciplinary proceedings. Dr. Allibone was under investigation for his assessment, care and treatment of patients.

Karuparthy, Venkateswara, M.D., Lic. No. J6143, Rock Island, IL

On March 1, 2019, the Board and Venkateswara Karuparthy, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Karuparthy agreed to voluntarily surrender his Texas medical license in lieu of further disciplinary proceedings. Dr. Karuparthy was under investigation by the Board regarding alle- gations that his license to practice medicine in Illinois was sus- pended for allegations related to sexual misconduct.

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Mencer-Parks, Melanie Lynn, M.D., Lic. No. K7454, Houston

On March 1, 2019, the Board and Melanie Lynn Mencer-Parks, M.D., entered into an Agreed Order of Voluntary Revocation in which Dr. Mencer-Parks agreed to the voluntary revocation of her Texas medical license in lieu of further disciplinary proceed- ings. Dr. Mencer-Parks was sentenced to one year and one day in federal prison related to a felony health care fraud conviction. She is currently incarcerated in the Aliceville Federal Correction- al Institution in Aliceville, AL.

Oei, Joseph, M.D., Lic. No. E6867, Midland

On March 1, 2019, the Board and Joseph Oei, M.D., entered into an Agreed Order of Voluntary Revocation in which Dr. Oei agreed to the voluntary revocation of his Texas medical license in lieu of further disciplinary proceedings. Dr. Oei was under investigation for allegations of prescribing large volumes of con- trolled substances without adequate evaluation, indication and monitoring.

Pham, Amy Quynh Trang, M.D., Lic. No. P8525, Nacogdoches

On March 1, 2019, the Board and Amy Quynh Trang Pham, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Pham agreed to voluntarily surrender her Texas medical li- cense in lieu of further disciplinary proceedings. Dr. Pham was under investigation for allegations she surrendered her South Carolina medical license and was in violation of her June 2018 Order with the Board.

Williams, Kevin Alexander, M.D., Lic. No. K8575, Ennis

On March 1, 2019, the Board and Kevin Alexander Williams, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Williams agreed to voluntarily surrender his Texas medical license in lieu of further disciplinary proceedings. Dr. Williams was under investigation after an order was entered by the Texas Department of Insurance, Division of Workers’ Com- pensation against Dr. Williams for prescribing compounded medications that were not reasonable and/or medically neces- sary.

SUSPENSION

Barker, Wade Neal, M.D., Lic. No. J1859, Mesquite

On April 29, 2019, the Board directed the Executive Director to enter an Order of Suspension By Operation of Law, suspending Wade Neal Barker, M.D.’s Texas medical license. The Board found Dr. Barker pled guilty to Conspiracy to Pay and Receive Health Care Bribes and Kickbacks, and to Travel Act and Aiding and Abetting (Commercial Bribery). Dr. Barker currently awaits sentencing. The order remains in effect until superseded by sub- sequent order of the Board.

Brish, Eldor, M.D., Lic. No. N5593, Houston

On March 1, 2019, the Board and Eldor Brish, M.D., entered into an Agreed Order of Voluntary Suspension in which Dr. Brish’s Texas medical license shall remain suspended until such a time as his criminal proceeding in U.S. District Court, and any other

criminal proceedings filed during the pendency of this Order are resolved. Dr. Brish shall continue to comply with all terms and conditions of his Interim Monitoring Agreement with the Board. The Board found Dr. Brish, who was previously temporarily sus- pended for operating an unregistered pain management clinic, is currently under indictment on charges of Conspiracy to Unlaw- fully Distribute and Dispense Controlled Substances, a felony.

Green, Edwin Alfred, Jr., M.D., Lic. No. K1826, Brownwood

On January 17, 2019, the Board directed the Executive Director to enter an Automatic Suspension Order, suspending Edwin Al- fred Green Jr., M.D.’s Texas medical license until such a time as he requests in writing to have the suspension lifted and provides evidence that indicates he has entered into an agreement with the Texas Higher Education Coordinating Board (THECB) for re- payment of the loan and to cure the default. The Board found Dr. Green was in default of his student loan with the THECB. The order remains in effect until superseded by subsequent order of the Board.

Grusd, Ronald Selwyn, M.D., Lic. No. F1040, Los Angeles, Cali- fornia
On December 14, 2018, the Board directed the Executive Direc- tor to enter an Order of Suspension By Operation of Law, sus- pending Ronald Selwyn Grusd, M.D.’s Texas medical license. The Board found Dr. Grusd was sentenced to ten years in federal prison after he was found guilty by jury trial on 39 felony charg- es, including one count of Conspiracy to Commit Healthcare Fraud and 14 counts of Health Care Fraud. The order remains in effect until superseded by subsequent order of the Board.

Ramirez, John P., M.D., Lic. No. H0743, Houston

On January 28, 2019, the Board directed the Executive Director to enter an Order of Suspension By Operation of Law, suspend- ing John P. Ramirez, M.D.’s Texas medical license. The Board found that on or around September 18, 2018, Dr. Ramirez was found guilty on one count of conspiracy to commit health care fraud and three counts of making false statements relating to health care matters after a trial by jury. The order remains in effect until superseded by subsequent order of the Board.

Williams, Brianne Nicole, M.D., Lic. No. M8428, Lubbock

On March 1, 2019, the Board and Brianne Nicole Williams, M.D., entered into an Agreed Order of Suspension, suspending Dr. Williams’ Texas medical license until such a time as she requests in writing to have the suspension stayed or lifted and appears before the Board to provide evidence that she is physically, mentally, and otherwise competent to safely practice medicine. Such evidence shall include evidence of drug screen tests for one full calendar year indicating that Dr. Williams has not used and is not currently using alcohol or controlled substances. Dr. Williams had previously been temporarily suspended due to non -compliance with the Texas Physician Health Program for sub- stance use issues.

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RESTRICTION

Cohn, Joseph, M.D., Lic. No. K4664, Corpus Christi

On March 1, 2019, the Board and Joseph Cohn, M.D., entered into an Agreed Order Granting Termination of Suspension, lifting Dr. Cohn’s suspension and placing him under the following terms for a period of 10 years: abstain from the consumption of prohibited substances as defined in the Order; participate in the Board’s drug testing program; shall limit his practice, including any office and inpatient practice, to a group or institutional setting approved in advance; within 30 days obtain a Board- approved treating psychologist/counselor and follow all recom- mendations for care and treatment; and participate in the activi- ties of Alcoholics Anonymous no less than five times per week. The Board found Dr. Cohn, who has a history of alcohol abuse and was previously suspended due to these issues, has main- tained sobriety for more than a year. This order supersedes the Order of Temporary Suspension entered on January 31, 2018, and the Agreed Order of Voluntary Suspension entered on March 2, 2018.

Pendleton, Michael Jerome, M.D., Lic. No. L4091, Corpus Christi

On March 1, 2019, the Board and Michael Jerome Pendleton, M.D., entered into an Agreed Order suspending Dr. Pendleton’s Texas medical license, however the suspension is stayed and he is placed on probation under the following terms: shall not re- register or otherwise obtain controlled substances registrations without Board approval; shall not treat patients for either acute or chronic pain as defined by Board rule; limit his medical prac- tice, including any office and inpatient practice, to a group or institutional setting approved in advance by the Board; and shall not be permitted to supervise or delegate prescriptive authority to a physician assistant or advanced practice nurse or supervise a surgical assistant. The Board found Dr. Pendleton was charged and pled guilty to one felony count of furnishing false infor- mation on dispensed controlled substances records and was sentenced to 60 months of probation and ordered to pay a fine.

NONTHERAPEUTIC PRESCRIBING

Lampley, Joseph Carver, D.O., Lic. No. J9149, Hamlin

On March 1, 2019, the Board and Joseph Carver Lampley, D.O., entered into a Mediated Agreed Order under the following terms: shall not treat patients for chronic pain as defined by Board rule or engage in the practice of pain management; shall not prescribe, administer, or dispense any controlled substances to any patient for more than 72 hours; shall not treat or other- wise serve as a physician for his immediate family and shall not prescribe, administer, or dispense any controlled substances or dangerous drugs with addictive potential to himself or his imme- diate family; shall have his practice monitored by another physi- cian for eight consecutive monitoring cycles; within 30 days ob- tain an independent medical evaluation from a Board-approved psychiatrist and follow all recommendations for care and treat- ment; within one year and three attempts pass the Medical Ju- risprudence Exam; within one year complete at least 24 hours of CME, divided as follows: eight hours in ethics, eight hours in rec-

ognizing drug-seeking behavior and eight hours in medical recordkeeping; within 60 days pay an administrative penalty of $2,000; and shall not supervise or delegate prescriptive authori- ty to a physician assistant or advanced nurse practitioner or su- pervise a surgical assistant. The Board found Dr. Lampley inap- propriately prescribed narcotic medications to a family member beyond immediate need and without appropriate indication or monitoring. This order resolves a formal complaint filed at the State Office of Administrative Hearings.

IMPROPER PRESCRIBING

Garduno, Abel, Jr., M.D., Lic. No. K5299, Plano

On March 1, 2019, the Board and Abel Garduno, Jr., M.D., en- tered into an Agreed Order requiring him to within one year complete at least eight hours of CME, divided as follows: four hours in risk management and four hours in ethics; and within one year and three attempts pass the Medical Jurisprudence Exam. The Board found Dr. Garduno prescribed controlled sub- stances or dangerous drugs to two family members and a female with whom he had a close personal relationship for periods be- yond 72 hours, failed to maintain appropriate medical records, wrote fraudulent prescriptions to treat his dog, and failed to disclose his ownership interest in a laboratory to his patients.

PEER REVIEW ACTION

Syn, David, M.D., Lic. No. L5583, Lubbock

On March 1, 2019, the Board and David Syn, M.D., entered into an Agreed Order Upon Formal Filing publicly reprimanding Dr. Syn and requiring him to within 30 days pay an administrative penalty of $2,000. The Board found Dr. Syn was subject to peer review action that arose from allegations Dr. Syn failed to ar- range on call coverage for a post-operative patient who suffered complications leading to death. This order resolves a formal complaint filed at the State Office of Administrative Hearings.

VIOLATION OF PRIOR BOARD ORDER

Skie, Gregory, M.D., Lic. No. G5617, Arlington

On March 1, 2019, the Board and Gregory Skie, M.D., entered into an Agreed Order publicly reprimanding Dr. Skie and requir- ing him to have his practice monitored for an additional two monitoring cycles following completion of the cycles from his 2017 Order; and shall within 60 days pay an administrative pen- alty of $2,500. The Board found Dr. Skie violated his 2017 Order by failing to produce medical records for chart review and failed to cooperate with Board staff.

OTHER STATE’S ACTIONS

Atwal, Maninderjit, M.D., Lic. No. N9804, Elk Grove, CA

On March 1, 2019, the Board and Maninderjit Atwal, M.D., en- tered into an Agreed Order prohibiting him from practicing in Texas, including telemedicine on Texas patients, until such a time as he requests permission in writing and appears before

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the Board to provide evidence he is physically, mentally, and otherwise competent to safely practice medicine. Evidence shall at a minimum include his compliance with all terms and condi- tions of the order entered by the Medical Board of California (MBC). The Board found Dr. Atwal was disciplined by the MBC and his licensed restricted due to gross negligence.

Chisty, Khaja, M.D., Lic. No. Q3862, West Palm Beach, FL

On March 1, 2019, the Board and Khaja Chisty, M.D., entered into an Agreed Order prohibiting Dr. Chisty from practicing med- icine, including telemedicine, in Texas until he requests in writing and appears before the Board to provide evidence that he is physically, mentally, and otherwise competent to safely practice medicine. Evidence shall include at a minimum that he is in full compliance with all terms and conditions of the Colora- do Medical Board (CMB) Order. The Board found Dr. Chisty was disciplined by the CMB and his license restricted due to unpro- fessional conduct and inappropriate prescribing.

Greenwood, Denise Rochelle, M.D., Lic. No. J7977, Little Rock, AR
On March 1, 2019, the Board and Denise Rochelle Greenwood, M.D., entered into an Agreed Order reinstating her license, how- ever her license is suspended and she shall not practice medi- cine in Texas, nor on patients that reside in Texas or that are physically located in Texas, regardless of her physical presence outside of Texas, nor shall she use her Texas license to practice medicine in any other jurisdiction, including for the federal gov- ernment, the military or any federal agency. The Board found the Arkansas State Medical Board rescinded the revocation of Dr. Greenwood’s license placing her under a restriction. The Board had previously entered a Final Order revoking Dr. Green- wood’s Texas license based upon her Arkansas license being revoked due to her violation of an Arkansas Medical Board or- der.

Thomas, Vanessa, M.D., Lic. No. N2842, Daphne, AL

On March 1, 2019, the Board and Vanessa Thomas, M.D., en- tered into an Agreed Order prohibiting Dr. Thomas from practic- ing in Texas, including telemedicine on Texas patients, until such a time as she requests permission in writing and appears before the Board to provide evidence she is physically, mentally, and otherwise competent to safely practice medicine. Evidence shall at a minimum include her compliance with all terms and condi- tions of the order entered by the Alabama Board of Medical Ex- aminers (ABME). The Board found Dr. Thomas was disciplined by the ABME and her licensed restricted due to unprofessional con- duct related to prescribing controlled substances.

VIOLATION OF BOARD RULES

Tariq, Mohammad J., M.D., Lic. No. K1092, Irving

On March 1, 2019, the Board and Mohammad J. Tariq, M.D., entered into an Agreed Order requiring him to within one year complete at least 24 hours of CME, divided as follows: eight hours in drug-seeking behavior, eight hours in risk management

and eight hours in medical records; within one year and three attempts pass the Medical Jurisprudence Exam; and within 60 days pay an administrative penalty of $3,000. The Board found Dr. Tariq failed a pain management clinic inspection by not maintaining proper pain management agreements and failing to appropriately document his care and/or maintain a complete medical record for several patients.

Windrow, Matthew John, M.D., Lic. No. K3041, Hondo

On March 1, 2019, the Board and Matthew John Windrow, M.D., entered into an Agreed Order requiring him to within one year complete at least 20 hours of CME, divided as follows: four hours in risk management, eight hours in patient drug-seeking, four hours in medical recordkeeping and four hours in treating chronic pain; and have his practice monitored by another physi- cian for four consecutive monitoring cycles. The Board found Dr. Windrow failed to treat a patient according to the generally ac- cepted standard of care and comply with Board Rule 170, relat- ed to the treatment of chronic pain. Dr. Windrow failed to per- form a thorough examination and document justification for his prescription of controlled substances, failed to refer the patient to a pain specialist and failed to maintain adequate medical rec- ords.

INADEQUATE MEDICAL RECORDS

Hussain, Syed K., M.D., Lic. No. M1157, Brownsville

On March 1, 2019, the Board and Syed K. Hussain, M.D., entered into an Agreed Order requiring him to have his practice moni- tored by another physician for four consecutive monitoring cy- cles. The Board found Dr. Hussain failed to keep adequate medi- cal records for a patient.

Le, Truc, Jr., D.O., Lic. No. K6479, Houston

On March 1, 2019, the Board and Truc Le, Jr., D.O., entered into an Agreed Order requiring him to within one year complete the medical recordkeeping course offered by the University of Cali- fornia San Diego Physician Assessment and Clinical Education (PACE) program; within one year complete at least four hours of CME, divided as follows: two hours in treating a patient suffering from General Anxiety Disorder and two hours in treating ADHD; and within 60 days pay an administrative penalty of $1,000. The Board found Dr. Le’s medical records lacked sufficient detail in describing treatment decisions and their rationale.

TXPHP VIOLATION

Looney, Warren Hunter, M.D., Lic. No. N8028, Lufkin

On March 1, 2019, the Board and Warren Hunter Looney, M.D., entered into an Agreed Order requiring him to abstain from the consumption of prohibited substances as defined in the order; participate in the Board’s drug testing program; participate in the activities of a county or state medical society committee on physician health and rehabilitation; within 30 days obtain a Board-approved treating psychiatrist and follow all recommen- dations made for care and treatment; and participate in the ac-

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tivities of Alcoholics Anonymous no less than one time per week. The Board found Dr. Looney failed to cooperate with the Texas Physician Health Program monitoring agreement.

IMPAIRMENT

Brock, Robert James, M.D., Lic. No. E2483, Kileen

On March 1, 2019, the Board and Robert James Brock, M.D., entered into an Agreed Order requiring him to within 60 days obtain a Board-approved psychiatrist and undergo an Independ- ent Medical Evaluation and follow all recommendations made for care and treatment. The Board found concerns with Dr. Brock’s mental health based on the allegations made against him and his presentation and responses to questions.

CEASE AND DESIST

Pearson-Haas, Andrea, No License, Richardson

On March 22, 2019, the Board directed the Executive Director to enter a Cease and Desist Order regarding Andrea Pearson-Haas, prohibiting her from practicing medicine in the state of Texas without a medical license issued by the Texas Medical Board. Ms. Pearson-Haas shall not refer to herself as a doctor or physi- cian in any manner, including by referring to herself as “doctor,” or “Dr.,” and shall not use any letters, words, or terms affixed on stationary, clothing, media, websites, including social media, or in any other manner, to indicated she is entitled to practice medicine when she is not licensed to do so. The Board found Ms. Pearson-Haas was indicted in Harris County, Texas, for the unau- thorized practice of medicine between August 29, 2017 and Sep- tember 5, 2017, related to her impersonating a physician at a Hurricane Harvey shelter in Dallas, Texas.

Rogers, Charles L., No License, Dripping Springs

On March 27, 2019, the Board directed the Executive Director to enter a Cease and Desist Order regarding Charles L. Rogers, pro- hibiting him from practicing medicine in the state of Texas with- out a license issued by the Texas Medical Board. Mr. Rogers shall cease and desist using the titles Doctor, Medical Doctor, Physi- cian or Oncologist unless and until he is licensed by the Texas Medical Board. The Board found Mr. Rogers owned and operat- ed www.doctorofhope.com, where he advertised care and treat- ment of stage 4 cancer and operated a clinic where he made-up a treatment called “CancerEndTM”. Mr. Rogers also identified himself online as Charles L. Rogers, M.D., Oncologist. He is not an M.D., an Oncologist, nor qualified to treat cancer or any other medical condition.

Shafi, Tariq, No License, Houston

On March 1, 2019, the Board and Tariq Shafi, entered into an Agreed Cease and Desist Order prohibiting Mr. Shafi from prac- ticing medicine in the state of Texas without a license issued by the Texas Medical Board. Mr. Shafi shall also cease and desist from identifying himself as a doctor, unless also clearly desig- nating the authority under which the title is issued for the col- lege or honorary degree that gives rise to the use of the title.

The Board found Mr. Shafi held himself out as a licensed physi- cian and by offering to diagnose and/or treat medical conditions.

Trane, Matthew, No License, Dallas

On March 1, 2019, the Board and Matthew Trane, entered into an Agreed Cease and Desist Order prohibiting Mr. Trane from practicing medicine in the state of Texas without a license issued by the Texas Medical Board. The Board found Mr. Trane en- gaged in the unlicensed practice of medicine.

Weygandt, Debbie, No License, Rockwall

On March 8, 2019, the Board directed the Executive Director to enter a Cease and Desist Order regarding Debbie Weygandt, prohibiting her from practicing medicine in the state of Texas without a license issued by the Texas Medical Board. Ms. Wey- gandt shall not hold herself out as a physician or doctor in the state of Texas and will not use any letters, words, or terms affixed on stationary, media, websites, including social media, or in any other manner, to indicate that she is entitled to practice medicine when she is not licensed to do so. The Board found Ms. Weygandt violated the Act by holding herself out as a doctor and by offering to diagnose and/or treat medical conditions through her website.

Texas Physician Assistant Board Disciplinary Actions

Buller, Keith Anthony, P.A., Lic. No. PA04490, Alexandria, LA

On March 29, 2019, the Texas Physician Assistant Board and Keith Anthony Buller, P.A., entered into an Agreed Order prohib- iting Mr. Buller from treating any pediatric patient under the age of 18. Mr. Buller may not seek modification or termination of this restriction while he is required to register as a sex offender in any jurisdiction. Upon termination of sex offender registration and successful completion of all terms of his probation, Mr. Buller may appear before the Board to show by clear and con- vincing evidence, at a minimum to include a full forensic psychi- atric evaluation by a Board-approved psychiatrist, that he is safe to treat pediatric patients. Mr. Buller shall within one year com- plete the physician boundaries course offered by the University of California San Diego Physician Assessment and Clinical Educa- tion (PACE) program; and he shall comply with all terms of his criminal probation and requirements of his sexual offender reg- istry. The Board found Mr. Buller pled guilty to the crime of “carnal knowledge” of a minor in Louisiana and has registered as a sex offender as required by his plea agreement. Mr. Buller was also disciplined by the Louisiana State Medical Board for viola- tions related to his abuse and diversion of controlled substances.

Cook, Thomas Ralph, P.A., Lic. No. PA05138, San Antonio

On March 29, 2019, the Texas Physician Assistant Board and Thomas Ralph Cook, P.A., entered into an Agreed Modification

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Order, modifying Mr. Cook’s March 24, 2017 Order, as modified by the March 30, 2018 Order. The modification extends the time before Mr. Cook may petition the Board for termination or mod- ification of his practice chaperone; requires him to complete the in-person CME no later than September 30, 2018; and restricts his practice to a group or institutional setting approved in ad- vance by the Board. The Board found Mr. Cook violated his 2017 order by making a house call on a patient without the presence of chaperone and failed to complete his required CME in ethics. All other terms of the 2017 order, as modified by the 2018 or- der, remain in full effect.

Locke, Tiffany Goran, P.A., Lic. No. PA04364, Midland

On March 29, 2019, the Texas Physician Assistant Board and Tiffany Goran Locke, PA., entered into an Agreed Order requiring her to within seven days surrender her DEA controlled substanc- es registration certificates and not petition the Board for permis- sion to reapply for two years and not before first completing at least 16 hours of CME in prescribing controlled substances; shall not treat or otherwise serve as a physician assistant for her im- mediate family and shall not prescribe, dispense, administer or authorize controlled substances or dangerous drugs with addic- tive potential to herself or her immediate family and may not seek modification of this provision for two years; within one year and three attempts pass the Medical Jurisprudence Exam; within 30 days provide all prescriptive authority agreements and proto- cols with all supervising physicians; and within one year com- plete at least 44 hours of CME, divided as follows: 24 hours in- person in general family practice, eight hours in medical record- keeping, four hours in provider-patient communication, four hours in risk management and four hours in HIPAA. The Board found Ms. Locke failed to appropriately treat hypertension in a patient who was being treated with weight loss medications, failed to maintain adequate medical records, communicated with the patient by inappropriate methods including social me- dia; prescribed and treated patients while her license was ex- pired and her DEA registrations were invalid and prescribed con- trolled substances to someone with whom she has a close per- sonal relationship beyond the period of immediate need.

Mayer, Darren Michael, P.A., Lic. No. PA07087, Amarillo

On March 29, 2019, the Texas Physician Assistant Board entered a Default Order regarding Darren Michael Mayer, P.A., which revoked his Texas physician assistant license. On July 13, 2018, the Board filed a Complaint with the State Office of Administra- tive Hearings (SOAH), alleging unprofessional conduct. Mr. May- er failed to appear at the SOAH hearing and no responsive pleading was ever filed by Mr. Mayer. The Board granted a De- termination of Default and Mr. Mayer’s license was revoked by Default Order. This order resolves a formal complaint filed at SOAH. Mr. Mayer has 25 days from the service of the order to file a motion for rehearing.

Sigler, Chaim, P.A., Lic. No. PA06671, Houston

On May 10, 2019, a disciplinary panel of the Texas Physician As- sistant Board temporarily suspended, without notice, the Texas physician assistant license of Chaim Sigler, P.A., after determin-

ing his continuation in the practice as a physician assistant poses a continuing threat to public welfare. The suspension was effec- tive immediately. The Board panel found, based on the evi- dence, Mr. Sigler engaged in sexual contact with a patient during the course of a physical examination. A temporary suspension hearing with notice will be held as soon as practicable with 10 days' notice to Mr. Sigler, unless the hearing is specifically waived by Mr. Sigler. The temporary suspension remains in place until the Board takes further action.

Swenson, Craig J., P.A., Lic. No. PA03776, Corpus Christi

On March 29, 2019, the Texas Physician Assistant Board and Craig J. Swenson, P.A., entered into an Agreed Order of Volun- tary Surrender in which Mr. Swenson agreed to voluntarily sur- render his Texas physician assistant license in lieu of further dis- ciplinary proceedings. Mr. Swenson, who had previously been temporarily suspended, was under investigation for impairment issues.

Trabon, Ashley Anne, P.A., Lic. No. PA07313, Fort Worth

On March 29, 2019, the Texas Physician Assistant Board and Ashley Anne Trabon, P.A., entered into an Agreed Order publicly referring her to the Texas Physician Health Program. The Board found Mr. Trabon was subject to disciplinary action by her em- ployer due to impairment.

Texas State Board of Acupuncture Examiners Disciplinary Actions

Thompson, David Scott, L.Ac., Lic. No. AC01492, The Wood- lands
On February 1, 2019, the Texas State Board of Acupuncture Ex- aminers and David Scott Thompson, L.Ac., entered into an Agreed Order of Voluntary and Permanent Surrender in which Mr. Thompson agreed to voluntarily surrender his Texas acu- puncture license in lieu of further disciplinary proceedings. Mr. Thompson was under investigation for allegations of a bounda- ries violation with a patient.

Texas Board of Medical Radiologic Technology Disciplinary Actions

Angelo, Samuel Chris, MRT, Lic. No. GMR00000253, Houston

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Samuel Chris Angelo, MRT, entered into an Agreed Voluntary Surrender Order in which Mr. Angelo agreed to voluntarily surrender his Texas radiologic technologist certifi- cate in lieu of further disciplinary proceedings. Mr. Angelo is

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alleged to suffer from an impairment which could affect his abil- ity to safely practice.

Briseno, Adrian Antonio, MRT, Lic. No. GMR00092824, El Paso

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Adrian Antonio Briseno, MRT, entered into an Agreed Order public reprimanding Mr. Briseno and requiring him to comply with all terms of his Order of Deferred Adjudication, including his community supervision and report compliance to Board staff; and within 90 days pay an administrative penalty of $1,000. The Board found Mr. Briseno pled guilty to aggravated assault of a family member and was sentenced to two years of deferred adjudication and community supervision.

Cirilo, Jose Eddie, MRT, Lic. No. GMR00096566, Dickinson

On April 4, 2019, a disciplinary panel of the Texas Board of Medi- cal Radiologic Technology temporarily suspended, without no- tice, the Texas medical radiologic technologist license of Jose Eddie Cirilo, MRT, after determining his continuation in the prac- tice of medical radiologic technology poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that Mr. Cirilo was arrested on or about February 20, 2019, in Galveston County, for possession of child pornography, a third degree felony. A temporary suspension hearing with notice will be held as soon as practicable with 10 days' notice to Mr. Cirilo, unless the hearing is specifically waived by Mr. Cirilo. The temporary suspension remains in place until the Board takes further action.

Hawkins, Jackie, MRT, Lic. No. GMR00019682, Humble

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Jackie Hawkins, MRT, entered into an Agreed Order under the following terms: shall not engage in the practice of performing radiologic technology procedures on pediatric patients under the age of 18; and shall comply with all terms of his community supervision and report compliance to Board staff. The Board found Mr. Hawkins engaged in unprofessional con- duct based on past arrests.

Johnson, Sakeanah, NCT, Lic. No. NCR02000032, Denton

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Sakeanah Johnson, NCT, entered into an Agreed Voluntary Surrender Order in which Ms. Johnson agreed to be voluntarily removed from the Texas Non-Certified Radiological Technician Registry in lieu of further disciplinary proceedings. The Board alleged Ms. Jonson was convicted of misdemeanor assault/family violence.

Martinez, Vanessa Ann, MRT, Lic. No. GMR02000147, San An- tonio
On February 15, 2019, the Texas Board of Medical Radiologic Technology entered a Default Order regarding Vanessa Ann Martinez, MRT, which revoked her Texas medical radiologic technologist certificate. On July 30, 2018, the Board filed a Com- plaint with the State Office of Administrative Hearings (SOAH), alleging Ms. Martinez’ violated the Act and Board rules. Ms. Martinez failed to appear at the SOAH hearing and no respon-

sive pleading was ever filed by Ms. Martinez. The Board granted a Determination of Default and Ms. Martinez’ certificate was revoked by Default Order. This order resolves a formal com- plaint filed at SOAH. Ms. Martinez has 25 days from the service of the order to file a motion for rehearing.

Nevarez, Reymundo, MRT, Lic. No. GMR00014572, El Paso

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Reymundo Nevarez, MRT, entered into a Modi- fied Agreed Order, modifying Mr. Nevarez’s 2017 Order. The modification lifts Mr. Nevarez’s suspension and places him un- der the following terms for a period of ten years: abstain from the consumption of prohibited substances as defined in the Or- der, participate in the Board’s drug testing program, participate in the activities of Alcoholics Anonymous no less than three times per week, complete and comply with all terms of his De- ferred Adjudication and his agreement with the American Regis- try of Radiologic Technologists and provide compliance docu- mentation to Board staff, and within 30 days obtain a Board- approved treating psychologist and follow all recommendations for care and treatment. Mr. Nevarez was under a suspension order for a substance abuse problem which led him to com- mitting crimes involving violent behavior, including aggravated assault with a deadly weapon in September 2016. Mr. Nevarez completed his Independent Medical Evaluation as required by his order. All other terms of the 2017 Order remain in full effect until superseded by subsequent order of the Board.

Pirtle, Joshua John, MRT, Lic. No. GMR00094009, Little Elm

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Joshua John Pirtle, MRT, entered into an Agreed Order requiring him to comply with the terms of his Order of Deferred Adjudication, which includes community supervision and reporting compliance to Board staff. The Board found Mr. Pirtle admitted to the violations and failed to timely cooperate with the Board’s request for information to investigate an arrest.

Tra, Jimmy Ahn Phuong, MRT, Lic. No. GMR00108025, Arling- ton
On February 15, 2019, the Texas Board of Medical Radiologic Technology and Jimmy Ahn Phuong Tra, MRT, entered into an Agreed Order requiring him to within one year complete at least four hours of CE in ethics. The Board found that on September 26, 2016, Mr. Tra received Deferred Adjudication for engage- ment in organized criminal activity for a period of three years.

Verduzco, Yadira Ivette, NCT, Lic. No. NCR00164396, Seagoville

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Yadira Ivette Verduzco, NCT, entered into an Agreed Order on Formal Filing requiring her to within one year complete at least eight hours of CN in ethics. The Board found Ms. Verduzco engaged in unprofessional conduct based on not providing information of her arrest record for her registration. This order resolves a formal complaint filed at the State Office of Administrative Hearings.

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Villyard, Clay Martin, MRT, Lic. No. GMR00026159, Tyler

On February 15, 2019, the Texas Board of Medical Radiologic Technology and Clay Martin Villyard, MRT, entered into an Agreed Order requiring him to comply with all terms of his com- munity supervision and report compliance to Board staff; and within one year complete the anger management course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program. The Board found Mr. Villyard engaged in unprofessional conduct based on past ar- rests for several assaultive offenses.

Wright, David, MRT, Lic. No. GMR00090603, Little Elm

On February 15, 2019, the Texas Board of Medical Radiologic Technology and David Wright, MRT, entered into an Agreed Or- der publicly reprimanding Mr. Wright and requiring him to with- in one year complete at least four hours of CE in ethics. The Board found Mr. Wright engaged in unprofessional conduct for failing to disclose a past arrest for alleged sexual assault in 1996.

Texas Board of Respiratory Care Disciplinary Actions

Acosta, Ignacio, RCP, Lic. No. RCP00075826, Bemidji, MN

On February 14, 2019, the Texas Board of Respiratory Care and Ignacio Acosta, RCP, entered into an Agreed Order of Voluntary Surrender in which Mr. Acosta agreed to voluntarily surrender his Texas respiratory care practitioner permit in lieu of further disciplinary proceedings. Mr. Acosta was under investigation for unprofessional conduct based on prior arrests.

Billeck, Thomas Wayne, RCP, Lic. No. RCP00061365, Schulen- burg
On February 14, 2019, the Texas Board of Respiratory Care and Thomas Wayne Billeck, RCP, entered into an Agreed Order sus- pending his permit, however the suspension is stayed and Mr. Billeck is placed on probation for three years under the following terms: shall comply with all conditions of his community supervi- sion and report compliance to Board staff. The Board found that in June 2015, Mr. Billeck pled guilty to one felony charge of inju- ry to a child and the court entered an Order of Deferred Adjudi- cation for a term of six years.

Colton, Stephen Francis, RCP, Lic. No. RCP00060327, Coppell

On February 14, 2019, the Texas Board of Respiratory Care and Stephen Francis Colton, RCP, entered into an Agreed Order of Voluntary Surrender in which Mr. Colton agreed to voluntarily surrender his Texas respiratory care practitioner permit in lieu of further disciplinary proceedings. Mr. Colton is alleged to have a medical condition that prohibits him from practicing safely.

Flores, Margarito, Jr., RCP, Lic. No. RCP00057237, Edinburg

On April 15, 2019, a disciplinary panel of the Texas Board of Res-

piratory Care temporarily suspended, without notice, the Texas respiratory care practitioner permit of Margarito Flores, Jr., RCP, after determining his continuation in the practice of respiratory care poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that on Feb- ruary 27, 2019, Mr. Flores was arrested on three felony counts of sexual assault of a child and one felony count of prohibited sexual conduct. A temporary suspension hearing with notice will be held as soon as practicable with 10 days' notice to Mr. Flores, unless the hearing is specifically waived by Mr. Flores. The tem- porary suspension remains in place until the Board takes further action.

Ingram, Guy Alexander, RCP, Lic. No. RCP00063769, Austin

On February 14, 2019, the Texas Board of Respiratory Care en- tered a Default Order regarding Guy Alexander Ingram, RCP, which revoked his Texas respiratory care practitioner permit. On August 31, 2018, the Board filed a Complaint with the State Office of Administrative Hearings (SOAH), alleging violation of the Respiratory Care Practitioners Act and Board rules. Mr. In- gram failed to appear at the SOAH hearing and no responsive pleading was ever filed by Mr. Ingram. The Board granted a De- termination of Default and Mr. Ingram’s permit was revoked by Default Order. This order resolves a formal complaint filed at SOAH. Mr. Ingram has 25 days from the service of the order to file a motion for rehearing.

McDade, Terricka, RCP, Lic. No. RCP00074417, Waco

On February 14, 2019, the Texas Board of Respiratory Care and Terricka McDade, RCP, entered into an Agreed Order requiring her to comply with all terms of her Order of Deferred Adjudica- tion; and within one year complete at least four hours of CE in ethics. The Board found Ms. McDade engaged in unprofessional conduct for multiple substance abuse-related arrests and violat- ed her probation.

Untalan, Felix Castro, Jr., RCP, Lic. No. RCP00061579, San Anto- nio
On February 14, 2019, the Texas Board of Respiratory Care and Felix Castro Untalan, Jr., RCP, entered into an Agreed Order re- quiring him to comply with all terms of the Order of Deferred Adjudication entered in July 2018 and report compliance to the Board; and within one year complete at least four hours of CE in ethics. The Board found on or about July 17, 2018, Mr. Untalan pled no contest to a felony charge related to the manufacture/ delivery/possession of a controlled substance and was placed on community supervision for six years.

Walsh, Scott D., RCP, Lic. No. RCP00073622, Livingston

On February 14, 2019, the Texas Board of Respiratory Care and Scott D. Walsh, RCP, entered into an Agreed Order suspending his permit until such a time as he requests in writing to have the suspension lifted and personally appears before the Board to provide clear evidence that he is physically, mentally, and other- wise competent to safely practice. Such evidence shall include at minimum objective evidence of at least six months of sustained sobriety. Mr. Walsh shall, within 30 days, execute any and all

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releases of information the Board requires to obtain records related to care and treatment he is receiving; within three days of his release or separation from any sober living facility, Mr. Walsh shall notify the Board; shall abstain from the consumption of prohibited substances as defined in the Order; participate in the Board’s drug testing program; participate in the activities of Alcoholics Anonymous no less than five times a week; and within 30 days after discharge from a sober living facility, obtain a Board-approved threating psychologist/counselor and follow all recommendations for care and treatment. The Board found Mr. Walsh suffers from an impairment and was arrested numerous times in 2017-2018 for alcohol-related offenses. This order su- persedes the Order of Temporary Suspension entered on July 19, 2018

Other Orders/Actions

Freeman, Michael, No License, Portland, OR

On February 13, 2019, the Board directed the Executive Director to enter an Order Vacating Prior Cease and Desist Order vacating Michael Freeman’s Cease and Desist Order entered on Novem- ber 30, 2018. Mr. Freeman had not been properly served written notice of the Cease and Desist Hearing.

 

 
 
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