Every few months, the Texas Medical Board reviews a stack of complaints from patients, hospitals, colleagues, and insurers, and rules on the disciplinary actions that should be taken. These are the North Texas actions, from the board’s May meeting:
– On May 2, 2014, the Board and Adeniran A. Ariyo, M.D., entered into a Mediated Agreed Order requiring the Dallas doctor to within one year complete at least 16 hours of CME, divided as follows: eight hours in defibrillator indications/surgical technique/troubleshooting complications and eight hours in medical recordkeeping ; and pay an administrative penalty of $2,000 within 60 days. The Board found Dr. Ariyo failed to appropriately interpret the signs indicating the misplacement of the lead following a pacemaker placement procedure. This order resolves a formal complaint filed at the State Office of Administrative Hearings.
– On May 2, 2014, the Board and Ronda Lawaine Beene, D.O., of Dallas, entered into an Agreed Order requiring Dr. Beene to within a year complete at least 18 hours of CME, divided as follows: eight hours in medical records, four hours in risk management, and six hours in adult sepsis (evaluation/diagnosis/treatment); and issue a written apology to the family of the patient within 90 days. The Board found Dr. Beene’s medical records were not adequate and that Dr. Beene admitted to failing to follow up on the clinical presentation of the patient.
– On May 2, 2014, the Board and Raymond S. Khouw, M.D., entered into an Agreed Order requiring the Dallas doctor to within a year complete at least 16 hours in CME, divided as follows: eight hours in appropriate supervision and delegation skills and eight hours in post-operative management. The Board found Dr. Khouw failed to provide a personal post-operative visit prior to discharging patients in each case and that his failure to do so amounted to a lack of professional diligence.
– On May 2, 2014, the Board and Thomas Alexander Mitchell, M.D., of Plano, entered into an Agreed Order requiring Dr. Mitchell to within one year complete at least 12 hours of CME, divided as follows: eight hours in risk management and four hours in physician patient communication; and pay an administrative penalty of $3,000 within 60 days. The Board found Dr. Mitchell failed to respond immediately and evaluate an acute patient that had suffered an apparent stroke, and that Dr. Mitchell admitted that he should have responded sooner.
REVOCATION
– On May 1, 2014, the Board approved a Final Order revoking David Daniel Allen, M.D.’s Texas medical license. The Board found the McKinney doctor failed to meet the standard of care with regards to two patients by improperly prescribing controlled substances, and failing to maintain adequate medical records. 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 the State Office of Administrative Hearings. Dr. Allen has 20 days from the service of the order to file a motion for rehearing.
VOLUNTARY REVOCATION
– On May 2, 2014, the Board and Nicolas Alfonso Padron, M.D., entered into an Agreed Voluntary Revocation Order, revoking Dr. Padron’s Texas medical license and requiring him to immediately cease practice in Texas. Dr. Padron agreed to the revocation of his license in lieu of further disciplinary proceedings. The Board found Dr. Padron was indicted on October 1, 2012, for his role in a scheme to defraud Medicare and later pled guilty to one charge of conspiracy to commit health care fraud.
VOLUNTARY SURRENDER
– On May 2, 2014, the Board and James Glen Holliday, D.O., entered into an Agreed Order of Voluntary Surrender in which the Dallas doctor agreed to voluntarily surrender his Texas medical license in lieu of further disciplinary proceedings. Dr. Holliday was under investigation regarding allegations that he failed to follow the standard of care in treating an additional patient by providing a courtesy thyroid prescription.
CRIMINAL ACTIVITY
On May 1, 2014, the Board approved a Final Order publicly reprimanding Don Martin O’Neal, M.D., and requiring the Sulphur Springs doctor to within one year and three attempts pass the Medical Jurisprudence Exam; within one year complete at least 16 hours of CME in ethics; and pay an administrative penalty of $10,000 within 60 days. The Board found Dr. O’Neal pled guilty to a first degree felony of misapplication of fiduciary property and was placed on deferred adjudication under community supervision for that offense. 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 the State Office of Administrative Hearings. Dr. O’Neal has 20 days from the service of the order to file a motion for rehearing.
FAILURE TO PROPERLY SUPERVISE OR DELEGATE
– On May 2, 2014, the Board and Robert Abbate, D.O., entered into a Mediated Agreed Order requiring Dr. Abbate to within one year complete at least 16 hours of CME, divided as follows: eight hours in supervision of mid-level providers and eight hours in medical recordkeeping; and pay an administrative penalty of $1,000 within 60 days. The Board found Dr. Abbate failed to adequately document his supervision of his nurse practitioner, including his efforts to instruct her as to appropriate chronic pain treatment protocols and the nurse practitioner refused to modify her treatment of the patients to conform to Dr. Abbate’s protocols and failed to improve her medical record keeping pursuant to Dr. Abbate’s instructions. This order resolves a formal complaint filed at the State Office of Administrative Hearings. He was from Dallas.
TEXAS PHYSICIANS HEALTH PROGRAM (PHP) VIOLATION
– On May 2, 2014, the Board and Eva Klima, M.D., of Carrollton, entered into an Agreed Order requiring Dr. Klima to within 30 days submit to an evaluation by the Texas Physician Health Program and comply with any and all recommendations; not treat or otherwise serve as a physician for herself, immediate family, and shall not prescribe dispense, administer or authorize controlled substances or dangerous drugs with addictive potential or potential for abuse to Dr. Klima or Dr. Klima’s immediate family, with the exception of drugs prescribed by another physician for legitimate medical purposes and in compliance with the orders and directions of such physician; within one year and three attempts pass the Medical Jurisprudence Exam; and within one year complete at least eight hours of CME in ethics. The Board found Dr. Klima was referred back to the Board from the Texas Physician Health Program for non-compliance after testing positive for prohibited substances.
INADEQUATE MEDICAL RECORDS
– On May 2, 2014, the Board and Renee Christine Smith, M.D., entered into a Mediated Agreed Order requiring Dr. Smith to within one year successfully complete the medical recordkeeping course offered by the University of California San Diego Physician Assessment and Clinical Education (PACE) program. The Board found Dr. Smith did not document alternative treatments during the labor process and failed to timely recognize and address the signs and symptoms of the patient’s bowel injury. This order resolves a formal complaint filed at the State Office of Administrative Hearings. She practices in Decatur.
– On May 2, 2014, the Board and Chad Bryan Stephens, D.O., entered into a Mediated Agreed Order requiring Dr. Stephens to within one year complete at least 16 hours of CME, divided as follows: eight hours in medical recordkeeping and eight hours in risk management; and pay an administrative penalty of $3,000 within 60 days. The Board found Dr. Stephens failed to timely assess Patient 1’s post-surgery blood pressure and that Dr. Stephens’ medical records were inadequate for both patients and could use improvement by giving more detail. This order resolves a formal complaint filed at the State Office of Administrative Hearings. He practices in Decatur.
CEASE AND DESIST
On May 2, 2014, the Board entered an Agreed Cease and Desist Order regarding Steven Ahee, prohibiting him from practicing medicine in the State of Texas. Mr. Ahee shall cease and desist any practice of medicine. The Board found Mr. Ahee has engaged in the unlicensed practice of medicine by administering injections of Spascupreel and Cortisone to a patient in his chiropractic practice on May 25, 2012, from a supply that was prescribed to him by his treating physician.
