TMB Disciplines 40 Physicians at November Meeting

AUSTIN, December 12, 2012 - At its November 28-30, 2012 meeting, the Texas Medical Board disciplined 40 licensed physicians and issued four cease and desist orders. The disciplinary actions included five revocations, two suspensions and nine orders related to quality-of-care violations.

The Board issued 101 physician licenses at the November board meeting, bringing the total number of physician licenses issued in FY 13 to 646. Thirty-one percent of physician licensure applications were completed in 10 days or less.

DISCIPLINARY ACTIONS

QUALITY OF CARE

Blount, Alice Boyd Ridgway, M.D., Lic. No. M6053, Somerville
On November 30, 2012, the Board and Alice Boyd Ridgway Blount, M.D., entered into an Agreed Order restricting Dr. Blount’s license and prohibiting her from practicing obstetrics without an arrangement with a Board-approved and board-certified ob/gyn to serve as her backup physician on each patient, and pay an administrative penalty of $1,000 within 60 days. The Board found Dr. Blount failed to practice medicine in an acceptable professional manner and was subject to disciplinary action by her peers.

Cox, Bruce Edward, M.D., Lic. No. E4272, Big Spring
On November 30, 2012, the Board and Bruce Edward Cox, M.D., entered into a Mediated Agreed Order publicly reprimanding Dr. Cox and requiring Dr. Cox to cease treating chronic pain patients, schedule within 30 days an assessment at the Texas A&M Health Science Center Rural and Community Health Institute and comply with any recommended education plan, have another physician monitor his practice for eight monitoring cycles, complete within one year eight hours of CME in medical record-keeping. In addition, Dr. Cox is restricted from supervising or delegating prescriptive authority to physician extenders. The Board found Dr. Cox non-therapeutically prescribed narcotics and other controlled substances to nine individuals, failed to maintain adequate medical records for these individuals, failed to maintain drug logs for controlled substances and engaged in sexually inappropriate behavior. The order resolves a formal complaint against Dr. Cox filed at the State Office of Administrative Hearings.

Hung, Scott Houson, M.D., Lic. No. J6496, Houston
On November 30, 2012, the Board and Scott Houson Hung, M.D., entered into an Agreed Order prohibiting Dr. Hung from prescribing any controlled substances or dangerous drugs with addictive potential except as is necessary for treatment of acute pain. In addition, Dr. Hung must have another physician monitor his practice for eight monitoring cycles, complete within one year 12 hours of CME including eight hours in pain management and four hours in the topic of drug-seeking behavior. The Board found Dr. Hung failed to adhere to guidelines for the treatment of chronic pain, failed to meet the standard of care, nontherapeutically prescribed and engaged in unprofessional conduct.

Lorentz, Rick Gene, M.D., Lic. No. J2169, Sweeny
On November 30, 2012, the Board and Rick Gene Lorentz, M.D., entered into an Agreed Order publicly reprimanding Dr. Lorentz and requiring Dr. Lorentz to complete within one year eight hours of CME in risk management and 20 hours in emergency medicine/acute care. This order supersedes all previous orders and resolves a formal complaint filed by the Board at the State Office of Administrative Hearings. The Board found Dr. Lorentz failed to meet the standard of care in his treatment of several patients during emergency department visits at Sweeny Community Hospital.

Marino, Barbara Doyle, M.D., Lic. No. H7724, Houston
On November 30, 2012, the Board and Barbara Doyle Marino, M.D., entered into a Mediated Agreed Order requiring Dr. Marino to observe 30 hours of cosmetic procedures performed in a surgical suite within six months, within 30 days submit written documentation of protocols and procedures for clearance of high-risk patients as well as written documentation of protocols and procedures for dealing with intra-operative and post-operative emergencies and complications, within 30 days provide samples of all advertising used in radio, web, print and/or television, within one year complete 24 hours of CME including four hours in patient-physician communication, eight hours in cosmetic procedures, four hours in risk management and eight hours in breast augmentation procedures and pay an administrative penalty of $1,000 within one year. The Board found Dr. Marino failed to meet the standard of care in her treatment of a patient, administered a drug or treatment that was nontherapeutic in nature and used an advertising statement that was false, misleading or deceptive. The order resolves a formal complaint filed at the State Office of Administrative Hearings.

Miller, Troy Lee, M.D., Lic. No. J2688, Groesbeck
On November 30, 2012, the Board and Troy Lee Miller, M.D., entered into an Agreed Order publicly reprimanding Dr. Miller and requiring Dr. Miller to undergo an evaluation by a psychiatrist and comply with all recommendations for care and treatment, complete within one year 24 hours of CME in ethics, eight hours in airway management and eight hours in dealing with difficult patients and pay an administrative penalty of $5,000 within 60 days. The Board found Dr. Miller failed to meet the standard of care, failed to obtain informed consent, was subject to discipline by a licensed hospital and was negligent in performing medical services when he intubated a severely intoxicated and abusive patient without any sedation or sign of respiratory distress.

Molina, Hector Oscar, M.D., Lic. No. K2755, Dallas
On November 30, 2012, the Board and Hector Oscar Molina, M.D., entered into an Agreed Order prohibiting Dr. Molina from the practice of surgery and from reregistering for DEA/DPS controlled substance certificates. In addition, Dr. Molina must pass within one year and within three attempts the Medical Jurisprudence Exam, complete within one year 24 hours of CME including eight hours in risk management, eight hours in medical record-keeping and eight hours in ethics; and pay an administrative penalty of $1,000 within 60 days. The Board found Dr. Molina failed to meet the standard of care, provided nontherapeutic treatment and used devices that did not have premarket approval by the FDA. This order supersedes Dr. Molina’s April 2012 temporary restriction.

Sprott, Maxie Courtlandt, II, M.D., Lic. No. G2230, Beaumont
On November 30, 2012, the Board and Maxie Courtlandt Sprott, II, M.D., entered into an Agreed Order publicly reprimanding Dr. Sprott and barring Dr. Sprott from performing any inpatient or office-based anesthesia elective gynecological procedures until he completes 40 hours of CME in gynecological surgery and personally appears before the Board to petition for permission to resume such practice. In addition, Dr. Sprott must refund a patient’s out-of-pocket expenses, complete within one year 24 hours of CME including 16 hours in medical record-keeping and eight hours in informed consent, and pay an administrative penalty of $3,000 within 90 days. The Board found Dr. Sprott failed to meet the standard of care, failed to obtain informed consent, administered nontherapeutic treatment and failed to safeguard against potential complications in his treatment of one patient.

Sundaresan, Sanjoy, M.D., Lic. No. K1083, Wichita Falls
On November 30, 2012, the Board and Sanjoy Sundaresan, M.D., entered into an Agreed Order publicly reprimanding Dr. Sundaresan and requiring him to have a physician monitor his practice for eight monitoring cycles, complete within one year 16 hours of CME in prescribing controlled substances for chronic pain and pay an administrative penalty of $10,000 within 60 days.. In addition: Dr. Sundaresan is restricted from seeing more than 20 patients per day, including those seen by mid-levels working under Dr. Sundaresan’s supervision, and restricted from performing more than 30 injection procedures per day; Dr. Sundaresan must maintain daily logs of all patients seen and procedures performed and be proctored in the performance of the first 30 injections performed under this order. The Board found Dr. Sundaresan failed to meet the standard of care when he performed excessive injections on chronic pain patients and nontherapeutically prescribed and failed to maintain adequate medical records.

REVOCATION

Atlas, Ruth M., M.D., Lic. No. G7616, Houston
On November 30, 2012, the Board entered a Final Order regarding Ruth M. Atlas, M.D., revoking her Texas Medical License. The Board found Dr. Atlas failed to treat her patients according to the standard of care, negligently performed medical services, engaged in unprofessional conduct and prescribed dangerous drugs and controlled substances in a manner inconsistent with public health and welfare.

Bernstein, Louis David, M.D., Lic. No. J7907, Plano
On November 30, 2012, the Board entered a default order regarding Louis David Bernstein, M.D., revoking Dr. Bernstein’s Texas medical license and requiring him to immediately cease practicing in Texas. The Board filed a complaint against Dr. Bernstein in April 2012 at the State Office of Administrative Hearings, alleging that Dr. Bernstein’s peers at Baylor Richardson Medical Center revoked his medical staff membership and privileges in 2000, but that Dr. Bernstein did not report the peer action to the medical board as required. Because Dr. Bernstein has not filed any response to the Board’s complaint, all facts alleged in the complaint are deemed to be true.

Mitchell, Roderick Lee, M.D., Lic. No. F9834, Daingerfield
On November 30, 2012, the Board entered a Final Order regarding Roderick Lee Mitchell, M.D., revoking Dr. Mitchell’s Texas medical license. The Board found Dr. Mitchell failed to meet the standard of care and did not maintain adequate medical records.

Moradi, Mahoor Charles, M.D., Lic. No. BP10034004, Lubbock
On November 30, 2012, the Board and Mahoor Charles Moradi, M.D., entered into an Agreed Order of Revocation requiring Dr. Moradi to cease and desist from the practice of medicine. The Board found Dr. Moradi was terminated from his Texas Tech residency program in 2009 when he tested positive for opiates and amphetamines. In 2011, Dr. Moradi was placed on 10-year deferred adjudication related to his forging and filling prescriptions in 2009. Dr. Moradi requested revocation of his license in lieu of further investigation and litigation.

Reyes, Rizalino, M.D., Lic. No. K4206, Beaumont
On November 30, 2012, the Board and Rizalino Reyes, M.D., entered into an Agreed Order of Voluntary Revocation in which Dr. Reyes’ Texas medical license was revoked. The Board found Dr. Reyes exhibited unprofessional conduct related to the operation of a pain management clinic and was the subject of a raid and search warrant related to the operation of a pain management clinic.

SUSPENSION

Fischer, Charles Henry, M.D., Lic. No. G6438, Austin
On November 30, 2012, the Board and Charles Henry Fischer, M.D., entered into an Agreed Order of Suspension, suspending Dr. Fischer’s license and barring him from the practice of medicine until final disposition of the criminal charges pending against him. On June 14, 2012, Dr. Fischer was indicted by a Travis County grand jury on charges involving sexual assault of a child.

Roos, Linda J., M.D., Lic. No. H2003, Houston
On November 30, 2012, the Board and Linda J. Roos, M.D., entered into an Agreed Order of Voluntary Suspension in which Dr. Roos’ is barred from practicing medicine in Texas until all criminal charges and investigations pending against her have been completely and finally resolved and she appears, in person, before the Board and presents clear and convincing evidence that she is competent to safely practice medicine. In March 2012, Dr. Roos surrendered her DEA and DPS certifications for prescribing controlled substances. In September 2012 Dr. Roos was indicted in the U.S. District Court in Kentucky for alleged violations of federal laws regarding the prescription and distribution of controlled substances.

VOLUNTARY SURRENDERS

Dodson, Jerry Wayne, M.D., Lic. No. D8195, San Angelo
On November 30, 2012, the Board and Jerry Wayne Dodson, M.D., entered into an Agreed Voluntary Surrender Order in which Dr. Dodson agreed to surrender his license and cease practicing medicine to avoid further investigation, hearings and the expense of litigation. Dr. Dodson indicated that he wished to close his medical practice and retire in October.

Fougerousse, Charles Louis, M.D., Lic. No. F1548, Lufkin
On November 30, 2012, the Board and Charles Louis Fougerousse, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Fougerousse agreed to immediately cease practice in Texas. The Board found Dr. Fougerousse is unable to practice medicine because of illness.

Friesen, William Glenn, M.D., Lic. No. H3357, Amarillo
On November 30, 2012, the Board and William Glenn Friesen, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Frieson’s medical license was permanently canceled. The Board found Dr. Frieson has retired from medicine and desired to voluntarily surrender his license in lieu of further disciplinary proceedings.

Leone, Charles R., Jr., M.D., Lic. No. D4434, San Antonio
On November 30, 2012, the Board and Charles R. Leone Jr., M.D., entered into an Agreed Order of Voluntary Surrender, in lieu of further disciplinary proceedings, requiring Dr. Leone to immediately cease practice in Texas. The Board found Dr. Leone, who was under investigation for self-prescribing controlled substances, was no longer engaged in the practice of medicine and wished to voluntarily surrender his license.

Lewis, Rani, M.D., Lic. No. M4857, Memphis TN
On November 30, 2012, the Board and Rani Lewis, M.D., entered into an Agreed Order of Voluntary Surrender in lieu of further disciplinary proceedings. The order requires Dr. Lewis to voluntarily and permanently surrender her Texas medical license.

Oandason, Oscar Cortez, M.D., Lic. No. F3570, Lake Jackson
On November 30, 2012, the Board and Oscar Cortez Oandasan, M.D., entered into an Agreed Order in which Dr. Oandasan voluntarily and permanently surrendered his Texas medical license in lieu of further disciplinary proceedings. Dr. Oandason was under investigation by the Board for allegations of nontherapeutic prescribing and had voluntarily surrendered his DEA certificates as the result of an investigation into his prescribing practices.

Pruett, Jack Ridings, M.D., Lic. No. D8389, Sour Lake
On November 30, 2012, the Board and Jack Ridings Pruett, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Pruett voluntarily surrendered his Texas Medical License in lieu of further disciplinary proceedings. The Board was investigating Dr. Pruett for alleged nontherapeutic prescribing for four patients that occurred prior to his retirement.

Taylor, Lynn Edwin, M.D., Lic. No. G0191, Bradenton FL
On November 30, 2012, the Board and Lynn Edwin Taylor, M.D., entered into an Agreed Voluntary Surrender Order requiring Dr. Taylor to immediately cease practice in Texas. The Board found Dr. Taylor was disciplined by the Washington Department of Health Medical Quality Assurance for allegations related to unprofessional conduct.

Tobon, Hector E., M.D., Lic. No. E7302, Pearland
On November 30, 2012, the Board and Hector E. Tobon, M.D., entered into an Agreed Order in which Dr. Tobon voluntarily and permanently surrendered his Texas medical license in lieu of further disciplinary proceedings. Dr. Tobon had been the subject of concern regarding his ability to practice medicine due to a medical condition.

Waller, Stephen Frank, M.D., Lic. No. F8724, Conroe
On November 30, 2012, the Board and Stephen Frank Waller, M.D., entered into an Agreed Voluntary Surrender Order in which Dr. Waller agreed to voluntarily and permanently surrender his Texas medical license in lieu of further disciplinary proceedings. The Board found Dr. Waller wrote multiple prescriptions for controlled substances while his license was suspended.

Watson, Mildred Elaine, M.D., Lic. No. H7430, Lewisville
On November 30, 2012, the Board and Mildred Elaine Watson, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Watson voluntarily and permanently surrendered her Texas medical license due to her inability to practice medicine with reasonable skill and safety to patients because of illness.

Weil, Jacqueline A., M.D., Lic. No. J8780, Houston
On November 30, 2012, the Board and Jacqueline Weil, M.D., entered into an Agreed Order in which Dr. Weil voluntarily surrendered her Texas medical license in lieu of further disciplinary proceedings. Dr. Weil was under investigation by the Board for allegations of nontherapeutic prescribing and excessive prescribing of controlled substances.

UNPROFESSIONAL CONDUCT

Felder, Diane Johnson, M.D., Lic. No. H5122, Houston
On November 30, 2012, the Board and Diane Johnson Felder, M.D., entered into an Agreed Order requiring Dr. Felder to complete within one year the medical record-keeping course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program, complete within one year eight hours of CME in ethics and pay an administrative penalty of $5,000 within 60 days. The basis for action was Dr. Felder’s unprofessional conduct and failure to maintain adequate medical records.

Juarez-Uribe, Joel, M.D., Lic. No. E3718, Chula Vista CA
On November 30, 2012, the Board and Joel Juarez-Uribe, M.D., entered into an Agreed Order barring Dr. Juarez-Uribe from practicing in Texas until he provides clear and convincing evidence that he is competent to safely practice medicine in the state of Texas. The Board found Dr. Juarez-Uribe loaned money to a former patient, engaged in sexual unprofessional conduct with the patient on multiple occasions, and that Dr. Juarez-Uribe was subsequently disciplined by the California Medical Board.

Licker, Kenneth Ira, M.D., Lic. No. F7819, Desoto
On November 30, 2012, the Board and Kenneth Ira Licker, M.D., entered into an Agreed Order publicly reprimanding Dr. Licker, prohibiting him from seeing or treating female patients, requiring Dr. Licker to undergo a psychiatric evaluation and follow all recommendations for care and treatment, complete within one year the professional boundaries course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program, complete within one year eight hours of in-person CME in ethics and pay an administrative penalty of $2,000 within 60 days. The Board found Dr. Licker resigned from his position at Urology Associates of North Texas while under investigation for having an inappropriate personal relationship with one patient and that the relationship did occur.

Martinez, Mario, M.D., Lic. No. M3637, Corpus Christi
On November 30, 2012, the Board and Mario Martinez, M.D., entered into an Agreed Order publicly reprimanding Dr. Martinez, barring him from treating or serving as a physician for his immediate family, and requiring him to pass within one year and within three attempts the Medical Jurisprudence Exam, complete within one year eight hours of CME in ethics and pay an administrative penalty of $5,000 within 60 days. The Board found Dr. Martinez became personally involved with a patient in an inappropriate manner and failed to maintain adequate medical records.

OTHER STATES’ ACTION

Floyd, Philip Andre, M.D., Lic. No. J8536
On November 30, 2012, the Board and Philip Andre Floyd, M.D., entered into an Agreed Order requiring Dr. Floyd to comply with all terms and conditions of his Oklahoma order and provide to the Texas Medical Board copies of any reports provided to the Oklahoma Board and pay an administrative penalty of $6,000 within 180 days. The Board found Dr. Floyd was disciplined by Oklahoma for failing to report previous arrests related to driving while intoxicated.

Majors, Kathleen Kelley, M.D., Lic. No. J8307, Shreveport LA
On November 30, 2012, the Board and Kathleen Kelley Majors, M.D., entered into an Agreed Order restricting Dr. Majors from practicing medicine in Texas until she completes all the terms of her July 2011 order entered by the Louisiana State Board of Medical Examiners. The Board found Dr. Majors was disciplined by the Louisiana State Board of Medical Examiners for prescribing excessive amounts of controlled and dangerous substances for treatment of chronic pain in a manner not in compliance with Louisiana’s chronic pain treatment rules.

Murphy, Mark Thomas, M.D., Lic. No. J4938, Austin
On November 30, 2012, the Board and Mark Thomas Murphy, M.D., entered into an Agreed Order suspending Dr. Murphy’s license, staying the suspension and restricting Dr. Murphy to the practice of administrative medicine and prohibiting him from clinic practice of medicine or in any capacity that involves direct or indirect patient contact. The Board found Dr. Murphy was subject to disciplinary action by another state due to unprofessional conduct.


IMPAIRMENT

Kujawa, Ples Latson, M.D., Lic. No. G5270, San Antonio
On November 30, 2012, the Board and Ples Latson Kujawa, M.D., entered into an Agreed Order requiring Dr. Kujawa to submit to an evaluation by the Texas Physician Health Program within 30 days and pay an administrative penalty of $1,000 within 60 days. The Board found Dr. Kujawa violated his agreement with the Texas Physician Health Program and is unable to practice medicine with reasonable skill and safety due to drunkenness.

VIOLATION OF PRIOR ORDER

Jones, Andrew P., M.D., Lic. No. H1972, Austin
On November 30, 2012, the Board and Andrew P. Jones, M.D., entered into an Agreed Order requiring Dr. Jones to complete within one year eight hours of in-person CME, provide written proof within 30 days that all of his websites have been corrected to omit misleading advertisements and pay an administrative penalty of $1,000 within 60 days. The Board found Dr. Jones violated a prior Board Order.

Torio, Rolando Nagar, M.D., Lic. No. F0050, Lubbock
On November 30, 2012, the Board and Rolando Nagar Torio, M.D., entered into an Agreed Order publicly reprimanding Dr. Torio and requiring Dr. Torio to pass within one year and within three attempts the Medical Jurisprudence Exam, to perform within one year 48 hours of community service for a non-profit charitable organization such as the American Red Cross, complete within one year the 48 hours of CME still lacking to fulfill his 2011 Order, within one year complete eight hours of CME in ethics and pay an administrative penalty of $2,000 still owed for his 2011 Order within 60 days. The Board found Dr. Torio failed to comply with his 2011 Order by failing to complete required CME hours, failing to pay a $2,000 administrative fine within 60 days and failing to cooperate with Board and Board Staff.

INADEQUATE MEDICAL RECORDS

Likover, Larry L., M.D., Lic. No. E4483, Houston
On November 30, 2012, the Board and Larry L. Likover, M.D., entered into an Agreed Order requiring Dr. Likover to complete within one year the medical record-keeping course offered by the University of California San Diego Physician Assessment and Clinical Education program. The Board found Dr. Likover failed to maintain adequate medical records for multiple patients.

CRIMINAL BEHAVIOR

Clements, Todd Michael, M.D., Lic. No. L9148, Dallas
On November 30, 2012, the Board and Todd Michael Clements, M.D., entered into an Agreed Order of Voluntary Surrender in which Dr. Clements agreed to voluntarily and permanently surrender his license in lieu of further disciplinary proceedings. The Board found Dr. Clements was indicted on one count of prescription fraud in Collin County.

CEASE AND DESIST

Merrikh, Kirk, No License
On November 30, 2012, the Board and Kirk Merrikh entered into an Agreed Cease and Desist Order in which Mr. Merrikh agreed to stop using the title “M.D.” on stationary, correspondence, advertisements or in any other manner until he meets the qualifications to use the term M.D. The Board found that Mr. Merrikh graduated from the St. Matthews Medical School in the Grand Cayman Islands in 2006, but is not licensed to practice medicine in Texas.

Petko, Zsolt, No License, San Antonio
On November 30, 2012, the Board issued a Cease and Desist Order barring Zsolt Petko from engaging in the unlicensed practice of medicine. Mr. Petko has a medical diploma from a medical school in Hungary but is not licensed in Texas. Mr. Petko reported to the Board that he was employed during 2012 by a medical clinic in San Antonio seeing patients, prescribing medications and ordering diagnostic tests and other examinations.

Shenkman, Carl T., M.D., No License
On November 30, 2012, the Board and Carl T. Shenkman, M.D., entered into an Agreed Cease and Desist Order in which Dr. Shenkman agreed to cease the practice of medicine in Texas. The Board found Dr. Shenkman, who is licensed in six other states but not in Texas, inadvertently interpreted electromyography (EMG) studies on 86 Texas patients. At the time Dr. Shenkman interpreted the EMG studies in question, he had no way of determining that the data belonged to patients in Texas.

Tryon, Darlene, No License, Dallas
On November 30, 2012, the Board and Darlene Tryon entered into an Agreed Cease and Desist Order in which Ms. Tryon is prohibited from acting as, or holding herself out to be, a licensed physician in Texas. The Board found that Ms. Tryon, a naturopath, is not licensed to practice medicine in Texas and held herself out to the public as “Dr.” in the context of advertising her services.

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