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MINUTES TENNESSEE BOARD OF MEDICAL EXAMINERS July 19 and 20, 2011 ************************************************************************ The meeting was called to order at 8:55 a.m. at the Health Related Boards' Iris Room, 227 French Landing, Ground Floor, Heritage Place Metrocenter, Nashville, Tennessee 37243 by President Dr. Mitchell Mutter. Other members present were: Dr. Barrett Rosen, Dr. Michael Baron, Dr. Neal Beckford, Dr. Subhi Ali, Dr. Charles White, Dr. Dennis Higdon, Dr. Michael Zanolli, Ms. Regine Webster, Ms. Nina Yeiser, and Ms. Pat Eller. Absent member: Dr. Keith Lovelady. Staff present included: Rosemarie Otto, Executive Director, Larry Arnold, MD, Medical Director, Sandra Powell, Board Administrator, Marsha Arnold, Unit Manager and Andrea Huddleston, Deputy General Counsel. Dr. Mutter introduced and welcomed new members, Ms. Nina Yeiser and Ms. Pat Eller to the Board. Minutes The Board reviewed the minutes from the May 24 and 25, 2011 meeting. Dr. White made a motion to approve the minutes and Ms. Webster seconded the motion. The motion passed. Ratification of Licenses New, reinstated, failed to renew and voluntary retired licenses for Medical Doctors, Medical X-Ray Operators, Radiologist Assistants, Genetic Counselors, Physician Assistants and Acupuncture Committee were reviewed. (See attached list). Dr. White made a motion to approve the action on the licenses and Dr. Rosen seconded the motion. The motion passed. Ms. Huddleston gave a brief overview of the actions taken by the Committee on Physician Assistants to deny the application of Anthony Loope, PA and to approve the license for Ronald Flowers, PA. Dr. White made a motion to approve the actions of the PA Committee and Dr. Beckford seconded the motion. The motion passed. The Board discussed the Notice of Suspension of the license of Michelle Scharff, MDX. Ms. Scharff's license was suspended for non-payment of a state or federal education loan or service-conditional scholarship. Ms. Yeiser made a motion to approve the suspension of Ms. Scharff's Medical X-Ray Operator license and Dr. White seconded the motion. The motion passed.

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Consideration of Applications Brook Adams, MD- Dr. Adams is applying for a license to practice medicine in Tennessee. Dr. Adams had an arrest for driving under the influence on February 19, 2011 those charges were still pending at the time of the board meeting. Dr. Adams explained the circumstances surrounding the incident. Ms. Webster made a motion to grant Dr. Adams a medical license and Dr. Beckford seconded the motion. The motion passed. Lamin S. Bangura, MD-Dr. Bangura is applying for a license to practice medicine in Tennessee. Dr. Bangura graduated from Instituto Superior De Ciencias Medicas Villa Clara, Cuba, a medical schoo that does not meet the standards for an LCME approved medical school in the United States. Additionally, Dr. Bangura took the USMLE 31 times before to passing all three steps of the USMLE. Dr. Bangura is outside meet the one point rule. Dr. Miller Collins from Meharry Medical College addressed the Board on behalf of Dr. Bangura. The Board expressed their concerns regarding Dr. Bangura's competency. After further discussion, Dr. Ali made a motion to defer action on the application. The motion was seconded by Dr. White but was defeated when Drs. Rosen, Beckford, Baron, Higdon, Zanolli and Ms. Webster voted no. Subsequently, Dr. Bangura withdrew his application. Rhonda Bedell, MD-Dr. Bedell is applying for license to practice medicine in Tennessee. Dr. Bedell was disciplined in Georgia for sexual misconduct. The Florida Board then entered an order of voluntary and permanent surrender of licensure. Dr. Bedell discussed the nature of the improper relationship that led to the disciplinary action. Further, she stated that her Georgia license is now active and unencumbered. The Board heard from Dr. Roland Gray, Medical Director for the Tennessee Medical Foundation (TMF) who was aware of the facility where Dr. Bedell was seen and treated. Dr. Rosen made a motion to grant Dr. Bedell a license and Dr. Zanolli seconded the motion. The motion passed. Jada Cousar, MDX-Ms. Cousar is applying for a license to practice as a Medical X-Ray Operator in Tennessee. Ms. Cousar has had several convictions and has issues relative to chemical dependency. Ms. Cousar is an ARRT, but has not practiced since 2008. The Board has concerns about her fitness to practice. Dr. Zanolli then made a motion to grant Ms. Cousar a license conditioned upon Ms. Cousar being assessed by the TMF and her strict compliance with their recommendations. The license will be on probation for the length of time Ms. Cousar is in the TMF program. Dr. Rosen seconded the motion. The motion passed. John E. Davis, MD-Dr. Davis is applying for reinstatement of his license to practice medicine in Tennessee. Dr. Davis' surgical privileges were suspended at Rutherford Hospital Dr. Davis due to carpal tunnel syndrome.His privileges were restored after successful bilateral carpal decompression. Dr. Davis intends to do locum tenens work, not orthopedic surgery of long duration. Dr. Rosen made a motion to grant reinstatement

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of his license and Dr. Beckford seconded the motion. Dr. Baron opposed. The motion passed. James V. Ellis, MD-Dr. Ellis is applying for reinstatement of his license to practice medicine in Tennessee. Dr. Beckford and Dr. Higdon recused themselves. Dr. Ellis appeared before the Board January 25, 2011. Dr. Ellis has a history of chemical dependency and his license in Virginia was voluntarily surrendered. The Board required Dr. Ellis to seek and maintain TMF advocacy, and also required Dr. Ellis to obtain an evaluation from Vanderbilt's Comprehensive Assessment Program (VCAP), and complete a two month training program in the form of a mini-residency. Dr. Ellis returns to the Board today having complied with all the above conditions. Dr. Roland Gray spoke on behalf of Dr. Ellis and stated that Dr. Ellis has complied with what was asked of him and he supports licensure without hesitation. Dr. Rosen made a motion to grant reinstatement of his license and that he remain under contract with the TMF for a period of time to run concurrent with his criminal probation. Dr. Ali seconded the motion. The motion passed. Ira Fleming, MDX- Mr. Fleming is applying for a license to practice as a Medical X-ray Operator in Tennessee. Mr. Fleming has several convictions for matters ranging from loitering to illegal possession of a prescription for a controlled substance. Mr. Fleming described the various incidents to the Board. Dr. Zanolli made a motion to grant Mr. Fleming a license and Dr. Higdon seconded the motion. Dr. Ali made a motion to rescind the previous motion and discussed the applicant further. Dr. White seconded the motion. Dr. Beckford and Dr. Zanolli opposed rescinding the motion. After further discussion, Ms. Webster made a motion to grant Mr. Fleming a license contingent upon him entering a TMF contract for one (1) to three (3) years if the assessment ofindicates need. Dr. Baron seconded the motion. The motion passed. Tracey Goen, MD-Dr. Goen is applying for a license to practice medicine in Tennessee. Dr. Rosen recused himself. Dr. Goen was disciplined in Texas for chemical dependency issues. Mr. Robert Kraemer, attorney for Dr. Goen spoke on his behalf. Dr. Goen informed the Board that he has a contract with TMF and has not been in a clinical practice setting since 2000. Dr. White made a motion to grant a license contingent on a contract with TMF and ten years probation. The motion failed for lack of a second. Dr. Ali made a motion to grant a license contingent on a ten year contract with TMF, probation for ten years and completion of a six (6) month mini residency training in a teaching environment or a one (1) year fellowship as approved by the Board's medical director. Dr. White seconded the motion. The motion passed. Roberto R. Gonzalez, MD-Dr. Gonzalez is applying for a license to practice medicine in Tennessee. Dr. Gonzalez attended Technology Institute of Santo Domingo, Dominican Republic and passed all three steps of the USMLE on the first attempt. Dr. Gonzalez indicated on his application that he was board certified but Dr. Gonzalez, who is board eligible; stated to the Board that, while he signed the application, someone else actually filled it out. Dr. Ali made a motion to grant Dr. Gonzalez a license and Dr. Rosen seconded the motion. Dr. Ali rescinded his motion and made a motion to table the

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application until the next meeting giving Dr. Gonzalez time to correct his application and re-submit it to the administrative office. Dr. Rosen seconded the motion. The motion passed. Anjum A. Haque, MD-Dr. Haque is applying for a license to practice medicine in Tennessee. Dr. Haque was not present and the Board deferred action on the application until the next meeting. Sanjivini V. Jacob, MD-Dr. Jacob is applying for a license to practice medicine in Tennessee. Dr. Mutter and Ms. Eller recused themselves. Ms. Huddleston referred the Board to the one point rule and stated that Dr. Jacob is licensed in three other jurisdictions and took the USMLE prior to 2006, which was prior to the effective date of the one point rule. Ms. Celeste Herbert, legal counsel for Dr. Jacob addressed the Board. After further discussion Ms. Yeiser made a motion to grant Dr. Jacob a license and Dr. Zanolli seconded the motion. The motion passed. Arthur R. Jey, MD-Dr. Jey is applying for a license to practice medicine in Tennessee. Dr. Jey is outside the seven year time frame for passage of all three steps of the USMLE. Dr. Jey appeared before the Board on May 24, 2011. During that interview Dr. Jey explained that the reason he took the exam so many times was because he has dyslexia, a condition for which he was not granted test accommodations. Dr. Arnold suggested deferring the matter until the Board obtains additional documentation regarding Dr. Jey's diagnosis. Dr. Jey was represented by legal counsel. Ms. Huddleston explained that there appears to be no exception to the seven year rule that fits Dr. Jey's circumstances. For Dr. Jey to meet the statutory requirements, he must retake Step 1 of the USMLE. Dr. Jey withdrew his application. Damian M. McGovern, MD- Dr. McGovern is applying for a license to practice medicine in Tennessee. Dr. Baron recused himself. Dr. McGovern has a history of chemical dependency. Mr. Robert Kraemer, attorney for Dr. McGovern, spoke on his behalf. Dr. McGovern has a five (5) year contract with TMF, attends Caduceus meetings, and is subject to random urine drug screens. Mr. Mike Todd with the TMF spoke on behalf of Dr. McGovern and stated that a contract was signed December 2010. Dr. Ali made a motion to grant Dr. McGovern a license conditioned on a four (4) to five (5) year contract with TMF and quarterly reports. Ms. Yeiser seconded the motion. The motion passed. Maryann Masone, MD-Dr. Masone is applying for a license to practice medicine in Tennessee. Dr. Masone is outside the one point rule but was board certified in 2003. Dr. White made a motion to grant Dr. Masone a license on the basis that she is board certified and Dr. Ali seconded the motion. The motion passed. Marina Mathew, MD-Dr. Mathew is applying for a license to practice medicine in Tennessee. Dr. Mathew attended the University of Sint Eustatius. Dr. Mathew passed all three steps of the USMLE on the first attempt and is board certified in Internal Medicine. Dr. Ali made a motion to grant Dr. Mathew a license on the basis that she is

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board certified and passed all three steps of the USMLE on the first attempt. Dr. Rosen seconded the motion. The motion passed. Sandhya R. Nagarakanti, MD-Dr. Nagarakanti is applying for a license to practice medicine in Tennessee but is outside the one point rule. Dr. Nagarakanti is board certified. Dr. Ali made a motion to grant Dr. Nagarakanti a license on the basis that she is board certified and Dr. Beckford seconded the motion. The motion passed. Richard A. Ostreich, MD-Dr. Ostreich is applying for a license to practice medicine in Tennessee. Dr. Ostreich was denied licensure in Florida and has discipline on his Kentucky license. Dr. Ostreich did his training in OB/GYN but wants to do pain management. The Board expressed reservations, because Dr. Ostreich has no training in pain management. The Chair asked for a motion, but there was none. Sergey Shikanov, MD-Dr. Shikanov is applying for a license to practice medicine in Tennessee but was not present for the interview. Dr. Shikanov has not completed a three year residency program nor passed the USMLE within the required time period. Dr. Rosen made a motion to deny and the application for there reasons, and Dr. Ali seconded the motion. The motion passed. Jonathan H. Stein, MD-Dr. Stein is applying for a license to practice medicine in Tennessee. Dr. Stein was not present. The Board deferred action on the application until the next meeting. Scott J. Stephen, MD-Dr. Stephen is applying for a license to practice medicine in Tennessee. Dr. Stephen is outside the seven year time frame for passing all three steps of the USMLE. Dr. Stephen informed the Board that he has taken the written portion of his board certification examination, but not the oral portion. Ms. Huddleston reviewed the statute relative to the seven year rule and informed the Board that there was no exception that fit Dr. Stephen's circumstances. If Dr. Stephen, who is licensed in Oregon could secure a license in two other jurisdictions, he could qualify for the statutory exception The Board deferred action on the application. Declaratory Order Virender Sheorain, MD-Dr. Sheorain was not present but was represented by Mr. Thomas R. Moncrief, Jr. Dr. Sheorain is not eligible for a full license to practice medicine because of Rule 0880-2-.04(5), but requested that the Board issue him a conditional licensed based on his qualifications and training under the authority granted the Board under Tenn. Code Ann. Sect. 63-6-209(b). Ms. Huddleston advised the Board about the procedural steps relative to petitions for declaratory orders. The Board, took no action.

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Discussion The Board discussed the changes in reporting requirements to the National Practitioner Databank (NPDB) and the Board's use of agreed citations as the vehicle for enforcement of its continuing medical education policy. Because violations of continuing medical education requirements are not reportable to the NPDB, no changes were made to the policy. The Board reviewed and discussed approving the following Limited Scope X-Ray training programs: 1. 2. 3. 4. Anthem Career College (Memphis) Anthem Career College (Nashville) X-ray Instructional Program (Memphis) Remington College (Memphis)

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Ms. Otto informed the Board that the schools were complying with the requirement to update their program information every two years. After further discussion Ms. Webster made a motion to approve the limited scope x-ray training programs and Dr. Rosen seconded the motion. The motion passed. The Board discussed training opportunities for Ms. Huddleston. There are two conferences set for the fall: the FARB Conference and the FSMB attorney training. Ms. Webster made a motion to send Ms. Huddleston to both conferences and Dr. Ali seconded the motion. The motion passed. Reports Financial Report The financial report was reviewed by the Board. Ms. Otto stated that the year end totals for June 30, 2011 were not complete but as of March 31, 2011 the total direct expenditures were $655,205.45 and its total revenues as posted in RBS through March 31, 2011 were $2,340,111.38 Statistical Report from Administrative Office The total number of physicians with active licenses as of June 30, 2011 is 20,512. Investigation Report Ms. Denise Moran was present to discuss the report from the Office of Investigations. There are currently two hundred seventy one (271) open complaints in the Office of Investigations relative to medical doctors and one (1) relative to an MD X-ray Operator.

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Disciplinary Report The Board reviewed the report submitted by the Disciplinary Coordinator which was presented by Ms. Denise Moran. OGC Report Ms. Huddleston gave a brief update on the status of the rules. Ms. Huddleston informed the Board that as of June 30, 2011, there are two hundred fifty nine (259) disciplinary complaints pending in the office of General Counsel against one hundred sixty eight (168) medical doctors and three (3) complaints against three (3) x-ray operators. The Board discussed completing its work on rules regarding international medical school graduates. The Board also discussed whether or not to retain the one point rule. Dr. Mutter suggested that both matters be considered by the Development Committee when it meets again in September 2011. Agreed Citations Anthony Lane Armstrong, MD-Dr. Armstrong failed to complete the required continuing medical education for 2008 and 2009. Dr. Armstrong agreed to pay a civil penalty in the amount of four hundred dollars ($400), complete ten (10) hours of continuing education within one hundred eighty (180) days of the citation and complete an additional ten (10) hours continuing education hours within two (2) years of approval of the Agreed Citation. Dr. Rosen made a motion to approve the Agreed Citation and Dr. Baron seconded the motion. The motion passed. ************************************ Consent Orders Panel: Rosen, Yeiser, Beckford, Baron, Webster, Ali Daniel J. Miller, MD-Dr. Miller was neither present nor represented by legal counsel. Ms. Kyonzté Toombs represented the Department of Health. From January 2008 to about August 2008, Dr. Miller worked for Secure Telemedicine, a company based in Florida. While employed, Dr. Miller prescribed controlled substances for patients that he did not examine. Dr. Miller admitted that he received patient records electronically, reviewed the records over the phone with the patient and if everything was acceptable, he prescribed narcotics to the patient. Dr. Miller agreed to have his licensed placed on probation for three years, to complete a prescribing course at his own expense and to provide proof of attendance within thirty (30) days of completing the course. Dr. Beckford made a motion to approve the Consent Order and Ms. Webster seconded the motion. The motion passed.

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John L. Herzog, MD-Dr. Herzog was neither present nor represented by legal counsel. Ms. Kyontzé Toombs represented the Department of Health. On March 24, 2011, an Order was entered against Dr. Herzog before the Mississippi State Board of Medical Licensure which restricted his license by prohibiting him from performing any invasive cardiac procedures until such time he had completed certain requirements. Those included completion of a clinical competency assessment, completion of an ECG interpretation class, and completion of certain educational needs which were recommended in a CPEP report of July 9, 2010.The restrictions on Dr. Herzog's license were based on the findings that he failed to comply with the terms of a Forbearance Agreement dated March 2004.The Board had concerns about Dr. Herzog's clinical skills. Dr. Herzog agreed to have his Tennessee license reprimanded. Dr. Rosen made a motion to approve the Consent Order and Dr. Beckford seconded the motion. The motion passed. David H. Drucker, MD-Dr. Drucker was neither present nor represented by legal counsel. Ms. Kyontzé Toombs represented the Tennessee Department of Health. On November 16, 2010, Dr. Drucker received pre-trial diversion on one count of Medicaid fraud and one count of tax evasion. The Medicaid fraud charge stemmed from an audit which uncovered numerous billing code errors. The tax evasion charge stemmed from Dr. Drucker's failure to file a 2005 Georgia income tax return. Dr. Drucker has made full restitution for the coding errors as well as the back taxes owed to the State of Georgia and completed his community service. Dr. Drucker voluntarily surrendered his Georgia medical license on December 22, 2010 and did not admit to any wrongdoing as part of his voluntary surrender. Dr. Drucker agreed to probation for not less than five (5) years and to pay one Type A civil penalty in the amount of one thousand dollars ($1,000). Dr. Rosen made a motion to approve the Consent Order and Dr. Baron seconded the motion. Dr. Beckford opposed. The motion passed. Gary Hayes, MD-Dr. Hayes was neither present nor represented by legal counsel. Ms. Kyontzé Toombs represented the Department of Health. Three pediatric patient records were reviewed. The review revealed that Dr. Hayes had inappropriately prescribed controlled substances to patients as young as nine years of age. To one patient who was an adult, Dr. Hayes prescribed three classes of controlled substances, all with little or no documentation or indication for use. Dr. Hayes first saw another patient about December 13, 2001 when the patient was nine years old. Dr. Hayes prescribed Fioricet for headaches and continued to prescribe it on a monthly basis in quantities of 20-25 tablets through May 2002. This practice resumed in July 2002. Beginning on or around October 28, 2002, Dr. Hayes prescribed Hydrocodone to the patient. The diagnoses listed on that visit included abdominal pain, dysuria and bladder spasm. On March 26, 2003, when patient was 11 years old and weighed 60 pounds, Dr. Hayes increased the hydrocodone from 5 mg tablets to 7.5 mg tablets. There was not an explanation in that note to explain the reasons for the increase. Dr. Hayes began prescribing Fioricet for another patient's headaches when the patient was nine years old. There is no documentation that potentially serious causes for headaches were considered. A note dated November 27, 2000 says that the patient called complaining of an ear ache and stomach cramps and "requested" Vicodin and ear drops." At the time patient was 11 years old, Dr. Hayes

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authorized a prescription for Vicodin based on a telephone call. The patient had orthopedic joint problems related to her Ellis-van Creveld syndrome. The patient was seen by orthopedic surgeons and a geneticist. In records reviewed by the Department, these specialists did not recommend the use of controlled substances to manage pain for the patient. Dr. Hayes agreed to probation for five years, to attend a recordkeeping course, to attend a prescribing course, to maintain a good and lawful conduct, to pay four type A civil penalties in the amount of one thousand dollars($1,000.00) each, for a total of four thousand dollars ($4,000.00). The panel had reservations about the Consent Order and felt that the penalties were not severe enough. Ms. Webster made a motion to deny the Consent Order and Ms. Yeiser seconded the motion. The motion passed. James H. Algeo, MD- Dr. Algeo was neither present nor represented by legal counsel. Ms. Kyontzé Toombs represented the Department of Health. Dr. Algeo was disciplined by the Texas Medical Board and failed to report that to the Tennessee Board. Due to questions regarding whether Dr. Algeo's alleged incorrect diagnosis of a patient, he entered into an agreement with the Texas Medical Board to complete four hours of CME on the subject of review and interpretation of gynecological and pelvic MRI's. Dr. Algeo completed the required CME hours and as of April 25, 2011, the order of the Texas Medical Board was terminated. Dr. Algeo agreed to pay all costs and one Type B civil penalty in the amount of two hundred fifty dollars ($250.00) for each of the two violations listed for a total of five hundred dollars ($500.00). Dr. Rosen made a motion to approve the Consent Order and Dr. Baron seconded the motion. The motion passed.

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******************************************** Poplar Room Panel: Mutter, White, Zanolli, Eller, Higdon Orders of Compliance Christopher W. Fletcher, MD-Dr. Fletcher was not present nor represented by legal counsel. Dr. Fletcher entered into an Agreed Order on May 30, 2001 which placed his license on probation for a period of ten years and imposed certain other restrictions. Dr. Ms. Huddleston stated that Dr. Fletcher has met all requirements of the Agreed Order. Dr. Zanolli made a motion to approve the Order of Compliance and Dr. Higdon seconded the motion. The motion passed. Stephen R. Cirelli, MD-Dr. Cirelli was not present nor represented by legal counsel. Dr. Cirelli agreed to a conditional license issued by the Board on November 28, 2005. The conditional license placed Dr. Cirelli's license on probation for five years and required him to complete a course on record-keeping. Ms. Huddleston stated that Dr. Cirelli has met all requirements of the probation as set by the Board. Dr. White made a motion to approve the Order of Compliance and Dr. Zanolli seconded the motion. The motion passed.

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James Charles Mosure, MD-Dr. Mosure was not present nor represented by legal counsel. On November 16, 2010, Dr. Mosure appeared before the Board to request a order modification to the order issued by the Board on July 20, 2005. Because Dr. Mosure does not have an active Tennessee license and lives in Virginia, the Board voted to grant his request to lift the requirement that he maintain lifetime advocacy with the Tennessee Medical Foundation. Dr. White made a motion to approve the Order of Compliance and Modification and Dr. Higdon seconded the motion. The motion passed. Justin Turner, PA- Mr. Turner was neither present nor represented by legal counsel. The Order of Compliance was submitted to the panel for approval of action previously taken by the Committee on Physician Assistants. Dr. White made a motion to approve and Dr. Higdon seconded the motion. The motion passed. Consent Orders Stanley King, PA- Mr. King was not present nor represented by legal counsel. During Mr. King's employment with McKenzie Medical Center, he wrote controlled substance prescriptions for a patient. Mr. King was advised through the patient's family that the patient was abusing alcohol in addition to abusing the controlled substances which were prescribed. Mr. King was advised by multiple pharmacists that the patient was receiving Hydrocodone from multiple providers/pharmacies and attempting to refill her prescriptions early. When confronted, the patient admitted to Mr. King that she abused the controlled substances that he prescribed for her. Although Mr. King knew of her abuse problems and indicated that a pill count would be completed, he continued to refill prescriptions for Loratab, Xanax and Lyrica for the patient and a pill count was not done. Mr. King continued his pattern of inappropriate prescribing for several other patients. Mr. King agreed to three years probation, surrender of his registration with the Drug Enforcement Administration and agreed that he shall not prescribe any controlled substances for a period of one year. Mr. King further agreed to enroll in and successfully complete within six months, the three day medical course entitled Prescribing Controlled Drugs offered at The Center for Professional Health at Vanderbilt University Medical Center, and pay eleven Type A civil penalties in the amount of one thousand dollars ($1,000.00) each, for a total of eleven thousand dollars ($11,000.00). Dr. White made a motion to approve the Consent Order and Dr. Zanolli seconded the motion. The motion passed. Katherine W. Jones, MD-Dr. Jones was neither present nor represented by legal counsel. Ms. Andrea Huddleston represented the Department of Health. From at least April 2010 until at least October 2010, Dr. Jones permitted an unlicensed individual, Asa Andrew to serve in her office as a medical student intern. Dr. Jones admitted to investigators that she occasionally allowed Mr. Andrew to see her patients alone, outside of her presence, and pre-signed blank prescriptions which were available for his use. Dr. Jones stated that she was unaware of Mr. Andrews's history of holding himself out to be a medical doctor. Although Dr. Jones contends that she did not knowingly allow Mr. Andrew to practice medicine in her office, she acknowledges that, should this case be the subject of a contested hearing, the State's proof might establish that Mr. Andrew did

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provide or try to provide medical advise or services while serving as a student intern in her office which would constitute the illegal practice of medicine under Tennessee law. Dr. Jones agreed to a reprimand and pay twenty-five Type B civil penalties in the amount of five hundred dollars ($500.00) each, for a total of twelve thousand five hundred dollars ($12, 500.00). Dr. Zanolli made a motion to approve the Consent Order and Dr. White seconded the motion. The motion passed. Rene C. Del Valle, MD-Dr. Del Ville was neither present nor represented by legal counsel. Ms. Andrea Huddleston represented the Department of Health. From 1990 until March 2010, Dr. Del Valle operated a weight loss practice in conjunction with his Obstetrics and Gynecology private practice. During the time, Dr. Del Valle prescribed and dispensed controlled substances including Adipex to most of his patients. In many instances, the number of Adipex tablets prescribed and recorded in the patients' medical records did not match the number reported to the Controlled Substance Monitoring Database (CSMD). In the past, Dr. Del Valle provided medical care to his immediate family members and prescribed medications including controlled substances to them. In the past, Dr. Del Valle prescribed medications including controlled substance to his dogs Sammie, Binky, Cookie and Lila. Dr. Del Valle is not licensed as a veterinarian and has not kept any medical records for the care he provided to his dogs. In January 2010, Dr. Del Valle completed the three day medical course entitled, Prescribing Controlled Drugs offered at The Center for Professional Health at Vanderbilt University Medical Center. In March 2010, Dr. Del Valle closed his weight loss practice in McMinnville, Tennessee and does not intend to reopen. Dr. Del Valle agreed to have his medical license place on probation for two years and never to operate, own or in any way supervise another weight loss practice as long as he holds a Tennessee medical license. Dr. Del Valle agreed to enroll in and complete the three (3) day medical course entitled, Intensive Course in Medical Record Keeping , enroll and complete the two (2) day medical course entitled Medical Ethics, Boundaries and Professionalism offered at the Case Western Reserve University Continuing Medical Education Program and pay all costs associated with the case. Dr. Zanolli made a motion to approve the Consent Order and Dr. White seconded the motion. The motion passed. ******************************************** May 25, 2011 Poplar Room Panel: Beckford, Baron, Yeiser Consent Order Gary Barton Bryant, MD-Dr. Bryant was neither present nor represented by legal counsel. Ms. Kyontzé Toombs represented the Department of Health. On January 31, 1986, an order was entered suspending Dr. Bryant's license for five (5) years and indefinitely thereafter as a result of a felony conviction in the Circuit Court of Benton

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County based on violations of the drug prescribing laws of the State of Tennessee as well as Dr. Bryant's personal misuse of controlled substances such that they impaired his ability to practice medicine. A November 28, 1990 Order lifted Dr. Bryant's suspension, reinstating his license. Between 1992 and 2004, Dr. Bryant provided regular nonemergent medical care to his wife. Between January 2007 and November 2009, Dr. Bryant prescribed medically unjustified doses of hydrocodone, clonazapam, nuvigil, diazapam, zolpidem, suboxone, hydron psc liquid, lunesta and provigil to his wife without making a diagnosis based on diagnostic or laboratory tests, and without maintaining a medical record sufficient to justify the necessity of such medications. Between at least 1991 and 2005, Dr. Bryant acted as his son's primary care physician. Between November 2007 and November 2009, Dr. Bryant prescribed medically unjustifiable doses of clonazepam, lyrica, hydrocodone, suboxone, zolpidem, promethazine vc with codeine syrup and diazepam to his son without making a diagnosis based on diagnostic or laboratory tests, without maintaining a medical record sufficient to justify the necessity of such medications. Dr. Bryant agreed to voluntarily surrender his medical license, pay eight (8) Type A civil penalties in the amount of one thousand dollars ($1,000.00) for a total of eight (8) thousand dollars ($8,000.00). Dr. Baron made a motion to approve the Consent Order and Ms. Yeiser seconded the motion. The motion passed. Contested Case Hearing Larry Perry, MD-Dr. Perry was represented by attorney, Frank Scanlan. Ms. Andrea Huddleston represented the Tennessee Department of Health. Tom Stovall, Administrative Law Judge presided. The state alleged that Dr. Perry engaged in inappropriate sexual contact with multiple female patients over a number of years. Evidence was presented that Dr. Perry, while in examination rooms with female patients, engaged in inappropriate contact with these patients. After closing statements, Judge Stovall charged the panel and turn the matter over to the panel chair, Neal Beckford, M.D. The panel was provided a copy of the state's proposed Order. Dr. Beckford made a motion to accept the findings of fact as amended by the panel and Dr. Baron seconded the motion. The motion passed. Dr. Beckford made a motion to accept the conclusions of law as amended by the panel and Dr. Baron seconded the motion. The motion passed. Dr. Baron made a motion to suspend Dr. Perry's medical license until he complies with the following: to complete an evaluation and treatment for sexual addiction and boundaries issues at a treatment center to be approved by the Board's Medical Director, to pay all costs associated with the case and to appear before the Board and the Board votes to lift the suspension. Ms. Yeiser seconded the motion. The motion passed with Dr. Beckford voting no.

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Adjourned at 4:00 p.m. These minutes were ratified by the Board September 20, 2011.

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