State Of Arizona Naturopathic Physicians Medical Board ... 14, 2016 Minutes.pdf · 1 State of...

1 State of Arizona Naturopathic Physicians Medical Board July 14, 2016 Minutes

State Of Arizona

Naturopathic Physicians Medical Board “Protecting the Public’s Health”

1400 West Washington • Suite 230 • Phoenix, AZ 85007 • Telephone 602-542-8242 • FAX 602-542-3093 Website www.aznd.gov

TTY for Americans with Disability 800-367-8939 • Disability Voice Relay 800-842-4681

Douglas A. Ducey – Governor Dr. Bruce Sadilek, ND – Chair • Dr. Marianne Marchese, ND – Vice Chair • Dr. Amy Terlisner, ND– Secretary / Treasurer,

Dr. John Eldridge, NMD– Physician Member - Brad H. Logan - Public Member, Jamie N. Bennett - Public Member, Karen Tibbitts- Public Member

MINUTES AMENDED BOARD MEETING

Thursday, July 14, 2016 • 1:00 p.m. • Basement Conference Room B-1 1400 West Washington • Phoenix, AZ 85007

1. Call to Order by Presiding Officer A. The meeting was called to order at 1:14 pm. Roll call of Board members and establishment of a

quorum to conduct meeting. Ms. Bennet; Present, Ms. Tibbits; Present, Mr. Logan; Present, Dr. Terlisner; Present, Dr. Marchese; Present, Dr. Sadilek; Present.

SADILEK Chair

MARCHESE Vice Chair

TERLISNER Sec. /Tres.

ELDRIDGE LOGAN BENNETT TIBBITTS

Present 6 x x x x x x Absent 1 x

B. Acknowledgement of presence of Board staff and legal counsel. Ms. Elizabeth Campbell, Assistant

Attorney General, Ms. Sabrina Khan, Assistant Attorney General, Mr. John Tellier, Assistant Attorney General, Ms. Gail Anthony, Executive Director.

2. Civility Statement In accordance with the Open Meeting Law, the Board has a civility policy that prohibits any type of disorderly conduct that disrupts the Board from carrying out its business. Those violating this policy will be asked to modify their behavior and act civilly. If the disorderly conduct continues, the person may be removed from the meeting room. (Adopted 11/8/2012) 3. Executive Director Report Status of Administrative Operation Procedural Matters Summary of Agency Reports Budget Current Licensee Numbers Current Case Numbers No Action Taken.

4. Call to the Public No Requests Received. 5. Discussion, Consideration, Possible Action by Board of Consent Agenda


(Any item under consent may be removed for independent discussion and action by a Board Member.) C. Declaration of any Conflict of Interest on any Item on the Consent Agenda. D. Request for Removal of any Consent Agenda Item for independent discussion and possible

action by the Board. Dr. Marchese requested the removal of Dr. Bryan McConnell, Dr. Jonathan Psenka and Dr. Frank Tabmurri from consent agenda item J. Dr. Terlisner requested the removal of Dr. Jennifer Dye, Dr. Danielle Lewis and Dr. Kayla Eckart from consent agenda item J.

E. Discussion, Consideration, Possible Action and by Board of Regular and Executive Session Minutes of May 12, 2016 meeting, and the Minutes of June 20, 2106 meeting. Ms. Bennett requested a correction to be made to the May 12, 2016 minutes. Ms. Bennett made a motion to approve the May 12, 2016 minutes with the correction. Seconded by Dr. Marchese. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair



Yes 6 x x x x x x No

Abstain Absent 1 x

Recused Dr. Sadilek made a motion to approve the June 20, 2016 minutes. Seconded by Dr. Terlisner. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused F. Discussion, Consideration, Possible Action by the Board of Medical License(s) / Examination

Application. Banaian, Azam Jackson, Janice (temporary license issued in accordance with A.R.S. 32- 1522.01) Jones, Carmen May, Jasmine (Reinstatement of Expired License) Werner, Stefanie

G. Discussion, Consideration, Possible Action by the Board of Medical License(s) / Endorsement Application. Chrystal, Joshua - CA Stefanski, Jessica - OR ( Reduced Scope No Acupuncture) (temporary license issued in accordance with A.R.S. 32- 1522.01) (temporary license issued in accordance with A.R.S. 32- 1522.01)

H. Discussion, Consideration, Possible Action by the Board of Reinstatement of Medical License. Goetz, Chad; Reinstatement of Retired Medical License.

Martin, Lindsay -WA, Reinstatement of Retired License. (temporary license issued in accordance with A.R.S. 32- 1522.01)

I. Discussion, Consideration, Possible Action by the Board of Application(s) for Certificate to

Dispense, Initial. Arthurs, Kevon Counsineau-Conte, Marie-Elaine


Faur, Katherine- Reinstatement Martin, Lindsey Spence, Wayne Stefanski, Jessica Vose, Erik

J. Discussion, Consideration, Possible Action by the Board of Application(s) for Renewal of

Certificate to Dispense. Abbott, Crystal Adair, Roger Adeslon, Harry Aidun, Sima

Alhadi, Fatima Allen, Jason Alschuler, Lisa Anderson, Allen

Anderson-McLaughlin, Jessica Kate Armanti, Christian

Arthurs, Kevon Arthurs, Kevon Aton Robins, Nancy Attah Prince, Ubong Audette, Kathleen Axelrod, Leslie Baca, Amalia Bachelier, Aimee Bain, Jaclyn

Balentine, Lynnette Baral, Matthew Barnes, Lori Barnett, Kevin

Barrantes, Teresita Barreda, Nicole

Barth, Inge Batky-Johnson, Esti

Beardsley, Lauren Beitel, Sue Rosario Belt, Amber Bescak, Steven

Beynon, Stephanie Bilyeu, Angela

Bishop, Kristen Black, Wayne Blackman, Kenneth Blasi, Jennifer Boor, Terry Borsa, Robin Boyer, Veronica Bradfor, Alan Breiten, Valeria Brooks, Barbara


Brouwer, Lauri Bryant, Roselynde Buratovich, Nick Burns, Elaine

Buxbaum, Dane Cain, Nicole Callejas, Yezid

Carpenter, Rebeca Carrell, Carol

Castle, Holly Ceballos-Logan, Gladys Cerre, Eric Chambers, Keith

Chinoy, Riyana Christian, Shonna

Chung, Ashley Clark, Kerri Cline, Christine Clough, Kelly Contreras-Lopez, Andrea

Cooke, Rebecca Corcadies, Alexander Correia, Kirstin Counsineau-Conte, Marie-Elaine

Cramer, David Crider, Heather Cronin, Courtney

Culver, Alyssa Curtis, Judith W. Dallmann, Terra D'Aprile, Delores Darley, April D'Armata, Annette de Soler, Alexander Deal, Sheldon Deroin, Cheryl DiCampli, Jesika Dickens, Andrew Dickson, Thom DiFilippo, Mary Dowell, Murray Drobot, Jeoffrey Dunn, Melenie Dunnbar, Ross S. Dye, John Eastman, Carole Eaton, Lois Ehrlich, Steven Eihausen, Eugene Eischens, Shawna Engard, Kimberly


Espinol, Raquel Esquerdo, Ramon Ewald, Jaime Ezrre, Barbara Farner, Hope Faur, Katherine - Reinstatement Feaster, Joanne Ferchoff, Ryan Fine, Anne Marie Fitzgerald, Erin D. Fitzgibbons, Bridget Flynn, Julie Fox, Joelle

Franco, Gioacchino Frank, Thomas Freeze, Karen Fujii, Kristen Fuller, Carolyn Gaines, Patricia Gajus, Stephanie Galaburri, Mario Gallagher, Jeanette Garvin, Maggie Gerard, Nicole Geyer, MaryK Gianni, Judy A. Gilbert, Miriam Gillman, Elizabeth Glenn, Laura Gowey, Brandie Graham, Stephanie Green, Victoria Greenfield, Jacqueline Grey, Laurence Grimes Saber, DeeAnn Grise, Diane Grobe, Denise Gustavson, Rebecca Gutowski, Louise D. Ham, Natalie Hampton, Eric Harris, Kimberly Hartman, John Heffner, Karlee Helioti, Maria Helser, Carolyn Heredia, Francisco Hering, Lance Hicks, Anne Christine Hinojosa, Cynthia Hinojosa, Judith


Hobi, Annette Holloway, Ronelle Hooker, Laree Howell, Mario Hutyrova, Daniela Hyun, Yu-Ree Ipson, Jarom Jacques, Debbie F. Jain, Suneil Jamison, Carol Jensen, Jason Johnson, Eric Jones, Ana Karampahtsis, Emmanouil Karcheski, Dorothy Kasdorf, Cheryl Kaufmann, Andrew Keaton, Dana Keiffer, Julie Kellum, Nicole Kennedy, Cori Kennedy, Laura Kerievsky, Adam Kerievsky, Ross H. Kerr, Veronique Khoshaba, Linda Kilgore, Jenifer Kim, Cho Long King, Denette M. Knapp, Michael Kollin, Cheryl Koomia, Jessica Koudelka, Barbara Kovalik Christina Krause, Apryl Krch, Ryan Kremer, Reiner Krukowski, Jody Kruzel, Thomas Kubacz, Cheryl Kupperman, Jami Kwan, Laurinda Lambert Rampe, Laura Lambert, Linda Landino, Kimberly Lashutka, Kenneth Layman, Katherine Le Provost, Jean-Luc Lee, Jeffrey Lee, Thomas Leeder, Nancy


Leon, Gilberto Leone, Jacqueline Licore, Luca Linton, Loral Livengood-Anderson, Elizabeth Logan, Darla Lopez, Eric Edward Luevano, Libia Macsay, Susanne Madesen, Christine Magerus, Tracy Marcantel, Mary Marsh-Jones, Barbara Martin, Beth Martin, Lindsey Matthias, Ronald Maturo, Lisa Mauss, Johanna May, Jasmine Maymon, Scott McConnell, Michelle McCoy, J.D. McDaniel, Allison McGee, Heather McJunkin, Clinton McWilliams, Kenneth Mendoza, Dianna Middlemiss, Erica Miles, George Miller, Michael Miller, Rebeca Miller-Sickels, Laura Milliken, Ann Marie Misir, Parabatie Mitchell, Kenneth Mitchell, Tiffany Mkrtchyan, Anna Mnguni, Sibongile Mora, Carmen Moroso, Heather Morrissey, Robert Morstein, Mona Muhammad, Hanifah Muhammad, Kim Muhummad, Asia Mullis, Nancy Muratore, Kathleen Murray, M. Ann Myatt, Dana Myers, Robert Nafe, Babak


Nandyala, Lakshmi Navarro, Alma Neeley, Kyle Nelson, William Nevels, Jennifer Nguyen, Krystine Nichols, Douglas Nikolic, Elizabeth Noronha, Bethania Norris, Kristi Nowak-Stears, Julie O'Brien, Kareen O'Brien, Mary Ellen O'Hara, Amy Olic, Sandra Orona, Shahrzad Ostroot, Cory Ozalan, Glenn Palmer, Andrea Palzer, Anne Marie Papadeas, Nathan Partice, Analiah Peachy Miriam Peronel, Magda Peruch, Tracy Peyman, Tara Pierce, Brandy Poindexter, Beth Polec, Will Porter, Jason Potts, Jeffrey Poulos, Jacqueline Preston Hesler, Sarah Price, Hayley Pritchard, Allison Purvis, Kathryn Qamar-Busler, Leticia Quintanar, Noemi Rader, Alan Ramsey, Theresa Redwine, Alison Reker, Mary Revak, Carol Rezaie, Saman Riabikina, Irina Rice, Elizabeth Richardson, Lisa Rittling, Carrie Roberson, Amanda Danielle Robinson, John Rombero-Bosch, Cristina


Romero, Cynthia Rose, Katherine Rudderham, Mark Ruiz, Robert Sage, Kathryn Sager, Jeffrey Saldivar, Lutea Santo, Carlos Santora, Marie Sears, Rory Seder, Jeffrey Seenauth, Casey Selvey, Don Sexton, Trevor Sheehan, James Sherman, Leah Sickinger, Karleen Simmons-Stuber, Margie Simonson, Nin Xan Sims, DeJarra Singler, Kirsten Skubisz, Corey Smialek, Kiera Smith Pingel, Patricia Smith, Garrett Smith, Jennifer Smith, Todd Smolinski, Debora Sorr, Steven Spector Deneen, Shana Spence, Wayne Spira-O'Connor, Andrea Spooner, Carol Stage, Katie Stallone, Paul Stefanski, Jessica Steinberger, Katrina Steinke, Rhonda Stewart, Adrienne Stewart, Elaine Stills, Sharon Stone, Carolyn Stone, Sarah Stouk, Olya Stowell, Aaron Strand, Roxie Stratton, Susan Strong, Christine Suhaila, Lena Sundene, Nicole Sundermeyer, Zahara


Swartz, Tara Tabares, Amber Tade, Caroline Takaki, Nanao Tallman, David Taylor, Justin Taylor, Nicole Tellier, Krystal Terranella, Robin Thacker, Meghna Thanki, Jeghana Thatcher, Michelle Thomas, Suzanne Thompson, Corrie Thoreson, Kaylee Tims, Lucas Tondora, Christina Treen, Shannon Triplett-Foss, Paula Triscuit, Chad Troutt, William Truong, Tue Turner, Leila Turner, Mary Jo Tveit-Pettersen, Sonja Upchurch, Robert Vaghela, Monica Van Driel, Evan Ventura, Jose Vesco, Teresa Victor, Erin Vitaro, Nathan Volk, Kimberly Wagner, Amy Waite, Amy Walker, Catherine Walker, Samuel Walters, Sam Wazny, Philip Weber, Miriam Weeshoff, Laura Weiner, Andrea Weyrich, Orville Whaley, Amanda Wheeler, Miriam Whelchel, Rebecca Whitley, Marnie Whitsell, Melinda Wilkinson, Charles Williamson Weirick, Susan Williamson, Phillip


Wilson, Adrienne Winter, Erin Witman, James Wojslaw, Heather Wojtowicz, Angela Wolf, Jacob Worden, Donese Young, Ju Lee Yurgel, Betty Zeller, Barrie Ziol, Judith Zorensky, Ben

K. Discussion, Consideration, Possible Action by the Board of Application(s) for Preceptorship

Certificate Dr. Kristen Bishop - Conduct Dr. Ann Lovick - Conduct Dr. Angela Darragh - Conduct Walker, Tiffany - Engage Renewal Dr. Summer Swanick - Conduct Phillips, Mark - Engage Renewal Dr. Vance Inouye - Conduct

L. Discussion, Consideration, Possible Action by the Board of Application(s) for Initial and

Renewal of Medical Assistant Certificate. Dixon, Leanna Gear,Christy Gonzales, Angela Hofmeister, Susan Millard, Marilee Monaco, Melissa Salazar, Raquel Shelton, Susan Sherwood, Jessica Silva, Lucia Thach, Jennifer Varnau, Debra Walters, Dustin

M. Discussion, Consideration, Possible Action by the Board of Application(s) for Renewal of Certificate to Engage in a Clinical Training Program.

Avakian, Ara Bloom, Laura Buermann, Natalie Chavez, Jessyca Chen, Margaret Clark, Donna Crowley, Rachel de Graaf, Tara DiDuro, Adelena Donohue, Whitney


Ellis, Erin Felton, Lynnea Fiorillo, Melanie Fisher, Leigh Gardner, Nidia Janeth Gaynel Kimberley Golay, Kira Gomes, Elisabeth Faith Gonzales, Mike Habashy, Jennifer Halvorsen, Heidi Harding, Lindsey Headen, Coletta Houtan, Houtaneh Hu, Yiqiu Ibarra, Nallely Iverson, Carol James, Cara James, Charmainge Jamshidi, Michael Jeffries, Brittany Jeong, Dain Jeong, Grace Johnson, Adrienne Jollie, Jane Lieske, Robert Louis, Janelle Mackay-Timmermans, Drew Major, Michael Martin, Eron Massingale, Morgan L. Matijevic, DeJan McCalla, Bethany Meraz, Samantha Merkey, Allison Mitchell, William Mizera, Kimberlyn Morin, Tanya Morse, Michael Muhammad, Krishna Muro, Eugene Nagallo, Krisel Nelson, Erik Ngo, Rachel Patel, Dharti Peta-Gave Nave, Phm, Quy Pinazza, Anthony Pollock, Tara Quart, Kendra Ramanan, Karthik


Randahl, Samantha Richmond, Celeste Rodriguez, Odessa Roodvoets, Mitchell Roth, Christopher Sabetisoofyani, Arash Sayegh, Jamil Schneller, Katharine Sham, Marcus Shettell, Jacob Shumate, Patricia Sobczyk, Jean-Marc Spiridiglozzi, Scott Steen, Taelor Strietzel, Maly Sukhorukov, Elena Taddiken, Elizabeth Tapia, Paola Trahan, Sarah Turner, Tiffany Urban, Lisa Vermeulen, Rachel Wool, Daniel Wright, Berlin Wright, Robyn Zenhausen, Alissia

N. Discussion, Consideration, Possible Action by the Board of Application(s) for Certificate to

Engage in a Clinical Training Program. Adams, Konstantina Albrecht, Bobi Anderson, Amanda Anglow, Daisey Baayeh, Harriet Bajrami, Valbona Barach, Michael Bausch, Charissa Bejarano, Alfreco Bendokaitis, Martha Brown, Erick Brown, Shana Cavanaugh, Shannon Cordon, Thomas Daviston, Jasmine Denzer, Dara Doelder, Jonathan Dugan, Carli Duong, Emeline Farshad, Yasmine Fok, Katrina Frisbe, Rose


Gallegos, David R. Galloway, Kailyn Garabidi, Matthew Garcia, Dasia Garcia, Roxanna Gillen, Alexandre Golightly, Carleigh Gustafson, Danielle Heide, Kristina Hertzog, Maria Hicks, Kamisha January, Chelsea Limburg, Sayre Linneman, Kimberly Lupo, Kelly Martelli, Jonathan Mathews, Sasha Miller, Kyle Molina, Jose Mor, Liora Morales, George Morales, Oscar Morris, Neil Murdoch, Jessica Nelson, Erik Nelson, Michela S. Nguyen, Thanh Orme, Michelle Paliszewski, Emily Parker, Elizabeth Petersons, Amber Phalke, Parakash Piscano, Stephanie Poggio, Sharon Ramhit, Kashmeer Riengeutte, Kylah Ritter, Jonathan Ruiz, Guillermo Savage, Nicholas Scooler, Rosa-Elise Scott, Lakota Sharaf, Sydney Shim, Grace Snook-Downs, Ashley Strole, Sherri Sullivan, Dayne Tek, Bugra Tschudy, Nathaniel Valbona, Bajrami Valero, Bernardo Vogler, Danielle


Werner, Mykayla Young, Aria Zdan, Jill

CONSENT AGENDA VOTE: Dr. Marchese made a motion to accept items 5 F - N. Seconded by Ms. Bennett. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused

6. Regulatory Matters O. Discussion, Consideration, Possible Action by the Board of Investigations and Complaints.

(1) Dr. Jennifer Burns, Case No. 14-028. Board Consideration and Possible Action Rescinding the Referral to Formal Hearing, and Remand Back to Investigative Stage for Further Standard of Care Investigation. Mr. John Tellier was present from the Attorney General's office representing the Board. Ms. Campbell was present representing the State. Dr. Burns was present along with Ms. Brenna. On behalf of the State, Ms. Campbell made a request to rescind the referral of the case to Formal Hearing and remand the case back to the investigative stage for further investigation involving standard of care. Ms. Bennett made a motion to go into Executive Session of legal advice. Seconded by Dr. Terlisner. Motion Carried 6 ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused The Board returned to Regular Session at 1:35 pm. Dr. Terlisner made a motion rescind the referral of the case to Formal Hearing and remand the matter back to the investigative stage. Seconded by Mr. Logan. Dr. Marchese stated she thought the standard of care issue was sufficiently addressed in the investigative report and by the Board, during the Formal Interview proceeding. She stated she would however be open to a consent agreement. Mr. Logan stated that because the State is the one to prosecute the case at the Formal Hearing, and based on request by the State to move the case back, he supports the request. Dr. Terlisner tabled her motion in order to discuss the possibility of a consent agreement, and the Board discussed proposed terms. Dr. Marchese made a motion to offer a consent agreement to include 6 months probation including restriction from certifying patients for medical marijuana during the first 30 days of the probationary period. Additionally, a supervising physician is required during a period of time, along with completion of additional CME hours in Primary Care examination and documentation. Ms. Bennett Seconded the motion. Roll Call: Ms. Bennet; Aye, Ms. Tibbits; Aye, Mr. Logan; Aye, Dr. Terlisner; Aye, Dr. Marchese; Aye, Dr. Sadilek; Aye. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused


Dr. Terlisner withdrew her earlier motion which had been tabled. Dr. Terlisner made a motion that in the event the consent agreement is not signed, the matter will be forwarded on to Formal Hearing. Seconded by Ms. Bennett. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (2) Dr. Jordan Kopcio, Case No. 15-025 - Investigative Interview. Dr. Kopcio appeared represented by Ms. Claudia Horan. He was asked to respond to the allegation regarding prescribing an out of scope medication; (Oxycodone), along with other medications in some cases, and while he certified the patient for medical marijuana. Dr. Terlisner stated a physician can't prescribe opioid pain medications at the same time as certifying for medical marijuana. That one of the rationales for bringing medical marijuana into the State, is to help people eliminate all the issues with opioids. Dr. Marchese stated she felt the standard of care was not followed in some of these cases. Dr. Terlisner commented the responsibility to appropriately certify was with Dr. Kopcio, and noted the owners of the clinic do not have medical licensure which can be stripped. Dr. Marchese made a motion to move the case to Formal Hearing and in the interim through consent agreement, restrict Dr. Kopcio's ability to write prescriptions for controlled substances and certify for medical marijuana. Additionally, in the event Respondent does not sign the agreement, the Board will hold an emergency meeting for possible summary suspension. Seconded by Ms. Bennett. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused Additionally, Dr. Marchese made a motion for the Executive Director to investigate the other physician's employed at Dr. Reeferalz for compliance with statute. Seconded by Dr. Terlisner. Motion Carried 6 Ayes, 1 Absent. Roll Call: Ms. Bennet; Aye, Ms. Tibbits; Aye, Mr. Logan; Aye, Dr. Terlisner; Aye, Dr. Marchese; Aye, Dr. Sadilek; Aye. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (3) Dr. Erin Winter, Case No. 15-027 - Investigative Interview. Dr. Marchese stated she had questions and Dr. Winter was not there to answer them. Dr. Marchese made a motion to move the case to Formal Interview. Seconded by Terlisner. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused


(4) Dr. Michael Chung, Case No. 16-047 - Investigative Interview. Patient JO was seen by Dr. Chung for Chiropractic care after an accident. JO settled his case, however did not pay Dr. Chung for the care received. Dr. Chung stated he supplied a copy of a signed medical lien and request for payment, and then JO filed a complaint with the Board alleging his signature was forged on the medical lien. Dr. Sadilek made a motion to dismiss the case. Seconded by Mr. Logan. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (5) Dr. Lindsey Pearson, Case No. 16-044 - Investigative Interview. Dr. Marchese stated Respondent is not following the Arizona telemedicine law. He didn't notify the Board of his criminal charges in the State of Minnesota, he is seeing patients in a State where he is not licensed, he wrote prescriptions to himself, and that these are just some of the allegations. Additionally, he claims to have a "traumatic brain injury" which has left him struggling to do basic daily activities. Dr. Marchese made a motion to summarily suspend Respondent's license because there is an imminent threat to the public based on the allegations in the investigative report. Seconded by Dr. Terlisner. Roll Call: Ms. Bennet; Aye, Ms. Tibbits; Aye, Mr. Logan; Aye, Dr. Terlisner; Aye, Dr. Marchese; Aye, Dr. Sadilek; Aye. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (6) Dr. Lance Morris, Case No. 15-033 - Investigative Interview. Dr. Morris stated he did not have a DEA number when he certified patients for medical marijuana, however he was obtaining copies of the PMP reports and reviewing the reports prior to certifying the patients. A staff member gained access to the controlled substance prescription monitoring program database as a delegate, under another physician's DEA number. Dr. Marchese pointed out that in order to certify for medical marijuana, a physician must have an active DEA number. Mr. Logan made a motion to offer a consent agreement restricting Dr. Morris from certifying for medical marijuana until such time he obtains his own DEA number and log in to the PMP. Additionally, the consent shall include a decree of censure. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent. Dr. Morris requested clarification regarding the law restricting a physician from certifying a patient for medical marijuana if they present currently taking opioid medication. Dr. Sadilek stated he did not believe there was a law specific to that restriction, but that it may become a problematic when the certifying physician also writes pain medication prescriptions at the same time.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (7) Dr. Clark Hansen, Case No. 16-042 - Investigative Interview.


Patient PW alleged Dr. Hansen charged her excessive fees for labs and medications. Dr. Hansen was present and represented by Mr. Arthur Eaves. He summarized the events surrounding the care of patient PW. Dr. Terlisner stated after review of the case, she didn't think Dr. Hansen had done anything wrong in this case, but advised him he should make sure patients understands that fees charged, often involve staff and physician time, which should be included in the fee. PW was present and disputed Dr. Hansen's answers to some of the Board's questions. Dr. Marchese noted she found Dr. Hansen's lab fees appropriate. Dr. Marchese made a motion to dismiss the case. Seconded by Mr. Logan. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused The Board took at 5 minute recess. The Board resumed regular session at 3:05pm. (8) Dr. Marie Niechwiadowicz, Case No. 15-034 and 16-045, review of evaluator report. Consideration and Possible Action by the Board Regarding Possible Consent Agreement in lieu of Proceeding with the Formal Interview Process. Discussion, Consideration and Possible Action by the Board Regarding Referring the Matters to Formal Hearing. Dr. Niechwiadowicz was present with Council, Mr. Williams; who summarized his proposed changes to the draft consent agreement. Dr. Sadilek made a motion to table the matter giving Dr. Niechwiadowicz time to explore other counseling alternatives. Mr. Logan seconded the motion. Further discussion took place regarding the length of time that would pass without resolution should the matter be tabled and a possible threat to public health and safety. Dr. Sadilek made a motion to draft a consent agreement for 5 years probation to include restriction from certifying for medical marijuana, and participation in treatment and testing as outlined in the evaluator's report. Additionally, Dr. Niechwiadowicz would be required to participate in a Board interview at 9 months and at 36 months, complete a relapse evaluation. Based on the outcome of the relapse evaluation, early termination of the probation may be possible. In the event the agreement was not signed in 15 days, the matter would move forward to Formal Hearing. Seconded by Dr. Terlisner. Motion Carried 6 Ayes, 1 Absent. Dr. Sadilek added to the Motion that it is agreed the Executive Director can sign off for the Board in the event a consent agreement is reached. Dr. Terlisner seconded. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused

P. Discussion, Consideration, Possible Action on Applications. (1) Dr. Marianne Marchese, Application for Renewal of Certificate to Dispense. Dr. Marchese recused herself. Dr. Terlisner recused herself. Dr. Sadilek made a motion to approve the applications of Dr. Marchese, Dr. Bryan McConnell, Dr. Jonathan Psenka, Dr. Frank Tamburri , Dr. Jennifer Dye, Dr. Danielle Lewis and Dr. Kayla Eckart. Seconded by Mr. Logan. Motion Carried 4 Ayes, 2 Recused, 1 Absent.


(2) Dr. Bruce Sadilek, Application for Renewal of Certificate to Dispense. (3) Dr. John Eldridge, Application for Renewal of Certificate to Dispense. Dr. Sadilek recused himself. Dr. Marchese made a motion to accept P 2 - 23, excluding number 14. Seconded by Dr. Terlisner. Motion Carried 5 Ayes, 1 Recused, 1 Absent. (4) Lindsay Allen, Application for Medical Assistant. Dr. Sadilek made a motion to approve the application. Seconded by Dr. Marchese. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (5) Jade Riley, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (6) Dean McAdams, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (7) Patryk Podsiadlo, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Dr. Terlisner. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (8) Danielle Anderson, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x


Recused (9) Andrew Chambers, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (10) Susan Randle, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (11) Chelsea Green, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Tibbitts. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (12) Tasmin Wilhelm, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Bennett. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (13) Chelsey Koktavy, Application for Clinical Training. Dr. Sadilek made a motion to approve the application. Seconded by Ms. Bennett. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused (14) Kathy Kamin, Application for Reinstatement of License and Consideration of Consent


Agreement for Order Amendment. Dr. Marchese made a motion to amend the order and reinstate the licensing limiting the ability to practice acupuncture. Seconded by Dr. Terlisner. Roll Call: Ms. Bennet; Aye, Ms. Tibbits; Aye, Mr. Logan; Aye, Dr. Terlisner; Aye, Dr. Marchese; Aye, Dr. Sadilek; Aye. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent x

Recused (15) Dr. Jordan Kopcio, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (16) Dr. Michael Chung, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (17) Dr. Steven Katz, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (18) Dr. Jennifer Burns, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (19) Dr. Alisa Summer, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (20) Dr. Lance Morris, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (21) Dr. Clark Hansen, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (22) Dr. Marie Niechwiadowicz, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. (23) Dr. Ravi Chandiramani, Application for Renewal of Certificate to Dispense without Prejudice to any Ongoing Investigation. Items 15 - 23 were approved during the vote on item P 2. 7. Discussion, Consideration and Possible Action by the Board Regarding Opening a Case against Dr. Herbert Schuck for Non-compliance of Board Order. Dr. Schuck's Council; Mr. Freedman was present. Respondent certified 19 medical marijuana certifications after the agreement was executed. Because the Department of Health and the Drug Enforcement Agency had been provided a copy of the consent agreement, they were aware of the restrictions on Dr. Schuck's license. The certifications were not processed by the Department and sent back to the patients. Dr. Sadilek made a motion to not open a case at this time. Seconded by Dr. Marchese. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused 8. Presentation by Cindi Hunter, CSPMP Marketing Coordinator, State of Arizona Board of Pharmacy. No Action Required.


9. Discussion and Possible Action Regarding Current Board Procedure for Date of Reinstatement as it Appears on the Reinstated Document. The Executive Director reported to the Board of the findings. After review, the Board found the way the Board currently handles reissuance is standard. Dr. Marchese made a motion to change the line item on the license to read dates of issuance instead of date of first issuance. Seconded by Dr. Sadilek. Motion Carried 6 Ayes, 1 Absent.

VOTE

SADILEK Chair

MARCHESE Vice Chair




Abstain Absent 1 x

Recused ADJOURNMENT THE MEETING ADJOURNED AT 6: 35 PM

State Of Arizona Naturopathic Physicians Medical Board ... 14, 2016 Minutes.pdf · 1 State of...

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Transcript of State Of Arizona Naturopathic Physicians Medical Board ... 14, 2016 Minutes.pdf · 1 State of...