STATE OF DELAWARE BOARD OF MEDICAL PRACTICE



|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |

|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |

|Dover, Delaware 19904-2467 | |Website: dpr. |

| |DIVISION OF PROFESSIONAL REGULATION | |

PUBLIC MEETING MINUTES: BOARD OF MEDICAL PRACTICE

MEETING DATE AND TIME: Tuesday, November 14, 2006 at 2:00 p.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

MINUTES APPROVED JANUARY 9, 2007

MEMBERS PRESENT

Karl McIntosh, M.D., President, Presiding

Galicano Inguito, M.D., Professional Member, Vice Chairperson - 2:05 p.m. - 4:30 p.m.

Margaret Prouse, Ed.D., Public Member, Secretary/Treasurer

Francis Marro, M.D., Professional Member

Nasreen Khan, D.O., Professional Member

Ray Blackwell, M.D., Professional Member

Oluseyi Senu-Oke, M.D., Professional Member

Anthony Policastro, M.D., Professional Member

Lindsey Slater, M.D., Professional Member

James Salva, M.D., Professional Member

Roberto Villasenor, M.D., Professional Member - 2:05 p.m. - 5:23 p.m.

Vincent Lobo, D.O., Professional Member

John Banks, Public Member

Raymond Moore, Public Member

George Brown, Public Member

Vance Daniels, Public Member - 2:19 - 5:47 p.m.

DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT

Allison Reardon, Deputy Attorney General

Gayle MacAfee, Executive Director

Victoria Hall, Administrative Specialist II

ALSO PRESENT

Michael Duva, Delaware Healthcare Association

James Collins, Director, Division of Professional Regulation

Michael Metzger, Medical Society of Delaware

Paul Lange, M.D.

Herman Ellis, Associate Deputy Director, State Medical Director, Division of Public Health

Joseph Eshelman, D.O.

Julie Parrack, Court Reporter, Wilcox and Fetzer

David August, D.O.

Julie August

CALL TO ORDER

Dr. McIntosh called the meeting to order at 2:05 p.m.

REVIEW OF MINUTES

The board reviewed the October 3, 2006 meeting minutes and Executive Session Minutes for approval. Dr. Prouse moved, seconded by Mr. Banks, that both sets of minutes be approved as written. Motion unanimously carried.

UNFINISHED BUSINESS

Request for an Exemption to the 30-Minute Supervision Rule from the Division of Public Health - Dr. Herman Ellis, Associate Deputy Director, State Medical Director

At this time Dr. Herman Ellis, Associate Deputy Director, State Medical Director, Division of Public Health came before the board concerning a request for an exemption to the 30-minute indirect supervision Rule and Regulation 21.1.4. Dr. Ellis explained the need for an exemption based on the current definition of the 30-minute rule and how it affects the supervising physician's ability to respond to a crisis within the parameters of the current rule. A brief discussion took place. Dr. Lobo moved, seconded by Dr. Marro, to approve Dr. Ellis's request for an exemption under Rule 21.1.4. Motion unanimously carried. It was suggested that the Rules and Regulations Committee contact Dr. Ellis to help in the re-drafting of this rule.

NEW BUSINESS

Review of Applications for Registration and Licensure

Physicians for Licensure – Medical and Osteopathic - Mr. Banks moved, seconded by Dr. Senu-Oke, to approve the following medical doctors and osteopathic doctors for a certificate to practice medicine, as the applicants have met the licensure requirements as set forth by statute. Motion unanimously carried.

M.D.’s for Licensure

Edward Babigumira Suzanne Bagas Richard Balotti Jeffrey Boyd

David Britchkow Hyla Cass Claxton Crowder Kimberly Cuesta Charles Curry

Brian Floyd Fouad Gellad Aqueel Haidar Rachel Kientcha-Tita Philip Klenn

Janice Lee Catherine Looby Tina Mittal John Moad

Kathleen Morgan Patrick O'Reilly Xinzhu Pang Vu Pham Jennifer Roth

Candice Shah Udayan Shah Maasi Shamilov Gagan Singh Elton Smith

Ralph Smith, Jr. Ecaterina Tamas Charles Vinocur

D.O.'s for Licensure

Trudy Kantra Mary Leddy

Physician Assistants for Licensure and Prescriptive Authority

Dr. Marro moved, seconded by Dr. Khan, to approve the following physician assistants for licensure and prescriptive authority as noted below. Motion carried with Dr. Blackwell recusing himself from Mr. McCarthy's applications for controlled and non-controlled prescriptive authority and Mr. Wisniewski's application for non-controlled prescriptive authority.

Physician Assistants for Licensure

Aaron Block Patricia Decawski Jennifer Johnson Melanie Kozarski

Christina Schied James Zink

Physician Assistants for Prescriptive Authority – Non-Controlled

Louis Arena Brett Blemle Aaron Bloc Erin Chudzik-Pryor

Patricia Decawski Melanie Kozarski Brian McCarthy William Morefield

Kathleen Murphy Breckinridge Smith Chanhsamone Syravanh

Steven Wisniewski

Physician Assistants for Prescriptive Authority - Controlled

Louis Arena Brett Blemle Aaron Block Erin Chudzik-Pryor

Patricia Decawski Susan Dubowy Melanie Kozarski Brian McCarthy

William Morefield Breckinridge Smith Chanhsamone Syravanh

Respiratory Care Practitioners for Licensure

Dr. Khan moved, seconded by Mr. Banks, to approve the following respiratory care practitioners for licensure as noted below. Motion unanimously carried.

Walter Conover Matthew Philpot

Paramedics for Licensure

Mr. Banks moved, seconded by Dr. Khan, to approve the following Paramedics for licensure as noted below. Motion unanimously carried.

Jordan Dattoli Summer Desaulniers Pamela Hartsky Theresa Mitchell

Teresa Tharp

Advanced Practice Nurses for Prescriptive Authority

Dr. Senu-Oke moved, seconded by Mr. Banks, to approve the following Advanced Practice Nurses for Prescriptive Authority as noted below. Motion unanimously carried.

Family Nurse Practitioner

Jessica Gatto

Gloria Kim

Acute Care Nurse Practitioner

Autumn Smith

Deborah Warshawsky

A brief discussion took place concerning the differences between Delaware and those of the Maryland Board of Nursing's licensure requirements for an acute care nurse practitioner. The question would be presented to the Executive Director of the Delaware Board of Nursing for further clarification.

Proposal to Deny Hearing on Application from Joseph K. Eshleman, D.O.

At 2:23 p.m., the propose to deny hearing for Dr. Joseph Eshleman began with the board introducing themselves for the record. Verbatim testimony was taken by the court reporter. Dr. McIntosh explained the purpose of the hearing. Dr. Eshleman was sworn in for the record and testified on his own behalf. At this time Applicant's Exhibit 1 and 2 were marked for the record. The board went off the record at 2:58 p.m. and began their deliberations. The board observed a five minute break. At 3:17 p.m. the board came back on the record. Dr. Senu-Oke moved, seconded by Mr. Moore, to deny the application for reinstatement based on the fact that he was not able to demonstrate that his training and qualifications were sufficient to overcome his deficiencies, pursuant to 24 Del. C. Section 1720(b) (4). Motion carried with Mr. Banks abstaining. Dr. Eshleman could not submit to the board that he had not violated the Medical Practice Act of another state and had not been subjected to disciplinary action by another licensing authority.

Hearing to Discuss Modifications to Supervision Plan and Transfer of Psychiatric Care for Paul A. Lange, M.D.

At 3:20 p.m., the hearing to discuss the modifications to the supervision plan and transference of psychiatric care for Dr. Paul Lange began with the board introducing themselves for the record. Verbatim testimony was taken by the court reporter. Dr. McIntosh explained the purpose of the hearing. Dr. Lange was sworn in for the record and testified on his own behalf. Dr. David August was sworn in for the record and testified explaining the facts of what had unfolded during the course of his supervision of Dr. Lange. He indicated that he could no longer supervise Dr. Lange because he violated the terms of his supervisory agreement. Dr. Lange again testified for the record. The board went off the record and began their deliberations. The board came back on the record. Dr. Prouse moved, seconded by Mr. Banks, that Dr. Lange be scheduled a Rule to Show Cause Hearing to explain why he violated the terms of his probation as outlined in his January 3, 2006 board order. Motion unanimously carried. Mr. Moore moved, seconded by Mr. Brown, to grant Dr. Lange's request for a continuance to allow Dr. Zaimes to appear and testify before the board as to why she no longer wishes to supervise Dr. Lange. Motion unanimously carried. It was noted for the record that Dr. Lange cannot see and treat patients as a physician until the board makes their final decision.

Recommendation from the Physician Assistant Regulatory Council - New Council Member

The board was advised that the Physician Assistant Regulatory Council had recommended Sebastian Hamilton, R.Ph. to serve as a council member replacing Karen Dey, R.Ph. whose term had expired. Mr. Hamilton's resume indicated that he had met the qualifications to serve on the council. Dr. Marro moved, seconded by Mr. Banks, to approve Mr. Hamilton to serve on the Physician Assistant Regulatory Council. Motion unanimously carried.

Recommendation from the Subcommittee on Physician Profiling Information

Ms. MacAfee indicated that the Subcommittee on Physician Profiling comprised of Dr. McIntosh, Mr. Banks, Dr. Policastro and Dr. Inguito had met to discuss and recommend expanding the profiling information on physicians, to include required and optional information. Ms. MacAfee presented the board with the Public Citizen's Health Research Group's report rating sites for content and usability. It was determined that the Subcommittee would review the report card for Delaware and bring the recommendation back to the board for review at a later date.

Update on Attendance at the Medical Negligence Task Force Meeting on October 11, 2006

Ms. MacAfee advised the board that she and Drs. McIntosh and Policastro, including Mr. Collins attended the Medical Negligence Task Force meeting on October 11, 2006. She indicated that the task force would like the board to provide a list of what is needed to enable the board to function more efficiently as a regulatory entity. The board determined that they would request a continuance to examine the board's processes to identify improvements by analyzing our licensure and interview process, complaint review process, the data bank notification review process and the impaired physicians' program. These processes would result in the board

needing to work with other outside groups, i.e., Attorney General's office, Delaware hospitals, and the Medical Society of Delaware. In order to adequately assess these processes, the board would like to request an opportunity to work toward these recommendations for the next 90 days.

Proposed Board Meeting Dates for 2007

The board reviewed the 2007 proposed board meeting dates. It was determined that the January 2, 2007 meeting would be changed to January 9, 2007 and the September 4, 2007 board meeting would be changed to September 11, 2007. The meeting schedule was adopted as amended.

Recommending Candidates for Nomination to the Federation of State Medical Boards Offices and Elected Positions

The board tabled discussion relating to the recommendation of candidates for nomination to the Federation of State Medical Boards offices and elected positions until the January 9, 2007 board meeting.

OTHER BUSINESS BEFORE THE BOARD (For Discussion Only)

The board affixed their signatures to the certificate of appreciation for Jeremiah Driscoll, PA-C.

Ms. Reardon brought to the board's attention a letter received from Adam Balick, Esquire, concerning the interpretation of 24 Del. C. Section 1722 (2)(a) and Rule and Regulation 5.0, including subsections 5.1 and 5.2, as it relates to the issuance of institutional licenses either to residents employed by an accredited hospital operated in the State of Delaware or to residents registered in programs outside the State of Delaware who are rotating through an accredited hospital located with the State of Delaware for more than one month. It was determined that the training program at Mid-Atlantic Spine is not a training program operated within an accredited hospital in the State of Delaware. Ms. MacAfee indicated she would respond to Mr. Balick's inquiry.

PUBLIC COMMENT

There was no public comment.

Executive Session - Investigations Recommended for Closure

The board tabled reviewing the investigations recommended for closure until the December 5, 2006 board hearing agenda.

Executive Session - Reconsider Consent Agreement on Case #10-65-04 and Consider Consent Agreement on Case #10-89-06

At 5:37 p.m., Dr. Marro moved, seconded by Mr. Banks, to enter into Executive Session for the purpose of discussing the investigation of complaints in accordance with 29 Del. C. Sections 10002 (d)(3) and 10004 (b)(6). Motion unanimously carried. At 5:45 p.m., Dr. Senu-Oke moved, seconded by Mr. Banks to come out of Executive Session. Motion unanimously carried.

Results of the Executive Session

Dr. Senu-Oke moved, seconded by Mr. Brown, to accept the Consent Agreements relating to case #10-65-04 and case #10-89-06. Motion unanimously carried. The board affixed their signatures to both documents.

Next Scheduled Meeting

The board will hold their next meeting on Tuesday December 5, 2006 at 2:00 p.m. in the 2nd floor Conference Room “A” of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

Adjournment

There being no further business before the board, Mr. Brown moved, seconded by Dr. Blackwell, to adjourn. Motion unanimously carried. The meeting adjourned at 5:47 p.m.

Respectfully submitted,

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Victoria L. Hall, Administrative Specialist II

DELAWARE BOARD OF MEDICAL PRACTICE

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