DRAFT MINUTES FOR SPECIAL TELECONFERENCE MEETING Held on ...

1 Arizona Medical Board 1740 W. Adams St., Suite 4000 Phoenix, Arizona 85007 Home Page: Telephone (480) 551-2700 Fax (480) 551-2702 In-State Toll Free (877) 255-2212 DRAFT MINUTES FOR SPECIAL TELECONFERENCE MEETING Held on Wednesday, January 31, 2018 at 6:00 1740 W. Adams St., Board Room A Phoenix, Arizona Board Members James M. Gillard, , , , , Chair R. Screven Farmer, , Vice-Chair Jodi A. Bain, Esq., Secretary Bruce A. Bethancourt, , Teresa L. Connolly, , , Gary R. Figge, Pamela E. Jones Lois E. Krahn, Edward G. Paul, Wanda J. Salter, GENERAL BUSINESS A. CALL TO ORDER Dr. Gillard called the MEETING to order at 6:01 B. ROLL CALL The following Board members participated telephonically: Dr.

2 Gillard, Dr. Farmer, Ms. Bain, Dr. Bethancourt, Dr. Figge, Ms. Jones, and Ms. Salter. The following Board members were absent: Dr. Connolly, Dr. Krahn and Dr. Paul. ALSO PRESENT Present among Board staff include: Carrie Smith, AAG; Patricia E. McSorley, Executive Director; Kristina Fredericksen, Deputy Director; William Wolf, , Chief Medical Consultant; Kathleen Coffer, Medical Consultant, Raquel Rivera, Investigations Manager, Mary Bober, Board Operations Manager; and Michelle Robles, Board Coordinator. C. PUBLIC STATEMENTS REGARDING MATTERS LISTED ON THE AGENDA Individuals who addressed the Board during the Public Statements portion of the MEETING appear beneath the matter(s) referenced.

3 D. THIS ITEM HAS BEEN PULLED FROM THE AGENDA. CONSENT AGENDA E. CASES RECOMMENDED FOR ADVISORY LETTERS MOTION: Dr. Figge moved to issue an Advisory Letter in item numbers 3 and 5-9. SECOND: Ms. Salter. VOTE: 7-yay, 0-nay, 0-abstain, 0-recuse, 3-absent. MOTION PASSED. 1. MD-17-0797A, ARUN S. PATIL, , LIC. #46136 DRAFT MINUTES for the January 31, 2018 AMB SPECIAL TELECONFERENCE MEETING Page 2 of 9 Dr. Figge opined that the cardiologist was put in a position to sign the death certificate when the primary care physician or medical examiner was a better option. Board members agreed that the cardiologist was acting in good faith. MOTION: Dr. Farmer moved to dismiss.

4 SECOND: Dr. Figge. VOTE: 7-yay, 0-nay, 0-abstain, 0-recuse, 3-absent. MOTION PASSED. 2. MD-17-0257A, PAUL B. HUDSON, , LIC. #15600 Dr. Figge stated that he knows Dr. Hudson but it would not affect his ability to adjudicate the case. Dr. Gillard summarized that the complaint stated that the patient did not feel like her healthcare questions were answered. The MC opined that the physician did not meet standards of communication but met the standards of care. Dr. Gillard opined that if the standard of care was met and an Advisory Letter is not appropriate in this case. Dr. Bethancourt agreed that the care was appropriate and found that the patient s understanding of the diagnosis is subjective.

5 Dr. Figge agreed that this was a communication issue, not a records problem. MOTION: Dr. Bethancourt moved to dismiss. SECOND: Dr Figge. VOTE: 7-yay, 0-nay, 0-abstain, 0-recuse, 3-absent. MOTION PASSED. 3. MD-16-1202A, IVOR BENJAMIN, , LIC. #40592 RESOLUTION: Issue an Advisory Letter for exceeding the scope of the consented procedure for a hysterectomy and salpingectomy by removing ovaries, for which the patient had not consented and had expressly desired to retain. While the licensee has demonstrated substantial compliance through remediation that has mitigated the need for disciplinary action, the Board believes that repetition of the activities that led to the investigation may result in further Board action against the licensee.

6 4. MD-17-0566A, CARL BRONITSKY, , LIC. #30960 Attorney Steve Myers addressed the Board during the Public Statements portion of the MEETING on behalf of the physician. Dr. Gillard and Dr. Bethancourt commented that a physician should be aware of whether or not an organ was removed during a procedure. MOTION: Dr. Gillard moved to issue an Advisory Letter for failure to remove the uterus during an intended supra-cervical hysterectomy, failure to verify pathological findings, and for utilizing unopposed estrogen hormonal therapy for a patient with an intact uterus. There is insufficient evidence to support disciplinary action.

7 SECOND: Dr. Bethancourt. VOTE: 7-yay, 0-nay, 0-abstain, 0-recuse, 3-absent. MOTION PASSED. 5. MD-16-1530A, KAMAKSHI R. REDDY, , LIC. #37459 RESOLUTION: Issue an Advisory Letter for failing to follow-up on an abnormal chest x-ray. While the licensee has demonstrated substantial compliance through remediation that has mitigated the need for disciplinary action, the Board believes that repetition of the activities that led to the investigation may result in further Board action against the licensee. DRAFT MINUTES for the January 31, 2018 AMB SPECIAL TELECONFERENCE MEETING Page 3 of 9 6. MD-17-0611A, SAMUEL R. CHOULET, , LIC. #53898 RESOLUTION: Issue an Advisory Letter for failure to report a DUI to the Board within ten days as required by statute.

8 There is insufficient evidence to support disciplinary action. 7. MD-17-0202A, JAMES R. MCEOWN, , LIC. #12215 RESOLUTION: Issue an Advisory Letter for failing to mention the positive findings noted on the head CT scan report leading to a lack of follow up imaging and no provision of head injury instructions. While the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee. 8. MD-17-0945A, CINDY N. SIROIS, , LIC.

9 #36064 RESOLUTION: Issue an Advisory Letter for action taken by the State of North Carolina. There is insufficient evidence to support disciplinary action. 9. MD-17-0205B, MARY E. MERKEL, , LIC. #26413 RESOLUTION: Issue an Advisory Letter for failure to order a STAT MRI of the lumbar spine for a patient presenting with urinary and bowel incontinence along with lower extremity weakness following a spinal anesthetic while on blood thinners. There is insufficient evidence to support disciplinary action. F. CASES RECOMMENDED FOR ADVISORY LETTERS WITH NON-DISCIPLINARY CONTINUING MEDICAL EDUCATION ORDERS 1. MD-17-0114A, LARRY W.

10 NICHOLS, , LIC. #14326 Dr. Nichols addressed the Board during the Public Statements portion of the MEETING . Dr. Gillard summarized that the patient was prescribed a high dosage of clonazepam but noted that the physician has already completed continuing medical education ( CME ). Board staff confirmed that CME was completed but stated that it is not equivalent to the CME recommended by Board Staff. Dr. Figge noted that the CME was completed prior to receiving the complaint and therefore it is not applicable. MOTION: Dr. Figge moved to issue an Advisory Letter and Order for Non-Disciplinary CME for inadequate documentation and for failure to closely monitor a patient on high dose Clonazepam.