ADVERSE LICENSING ACTIONS - 2006

This page is updated as Adverse Actions occur. The page was last updated on December 14, 2006.

There is a link to the full Consent Agreement which is in PDF format at the end of each action description.

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PHYSICIAN/LICENSEE, EFFECTIVE DATE, DESCRIPTION

BABINE, SARAH E., M.D. LICENSE # 016174; 09/19/06. Summary suspension of Maine medical license for thirty (30) days based upon the imminent jeopardy that the physician's continued practice poses to the public. Click here for full text (PDF)

BABINE, SARAH E., M.D. LICENSE # 016174; 07/11/06. At the conclusion of an Adjudicatory Hearing held on July 11, 2006, the Board voted to give Dr. Babine a written reprimand. The licensee's Maine medical license is placed on probation for a period of five (5) years. During the probation the licensee shall: Enroll in the Physicians' Health Program by July 18, 2006 and fully cooperate with the provisions of that program. Fully cooperate in an evaluation to be conducted by an evaluation pre-approved by the Board. In the event that the evaluation reveals mental health issues that need to be addressed, the licensee shall retain a counselor pre-approved by the Board to provide such counseling and to provide quarterly reports to the Board regarding the progress of the sessions. This action is based on substance abuse issues.

BRACKETT, RICHARD P.A.-C LICENSE # PA-261; 09/12/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the immediate and permanent revocation of his Maine physician assistant license. This action is based on incompetence and unprofessional conduct. Click here for full text (PDF).

BRACKETT, RICHARD P.A.-C: License # PA-261; 07/11/06. Summary suspension of Maine physician assistant license for thirty (30) days based upon incompetence and unprofessional conduct.

DAVIS, BRUCE H., M.D. LICENSE # 015279; 05/16/06. At the conclusion of an Adjudicatory Hearing held on May 16, 2006 the Board voted to place the licensee's Maine medical license on probation for a period of five (5) years beginning June 13, 2006. During the probation the licensee shall: a) Totally abstain from alcohol and drugs except those prescribed by a physician. He shall participate in a random urine monitoring program administered by the Physician Health Program. b) Participate in individual psychotherapy with a Board approved therapist at a minimum of two (2) times per month. The therapist shall provide the Board with quarterly written summaries of treatment. c) Participate in either or both AA or Caduceus self-help abstinence programs at a minimum of two (2) times per month. The licensee shall provide the Board with quarterly written summaries. This action is based on substance abuse issues. Click here for full text (PDF).

DEFANTI, THOMAS R. M.D.: LICENSE 011764; 10/10/06. In lieu of proceeding to an Adjudicatory Hearing the licensee agrees to accept a reprimand from the Board. In addition, the licensee will have a permanently modified/restricted medical license. The licensee is restricted from performing six (6) types of gynecological surgical procedures. The licensee shall restrict his practice of medicine to an office based medical practice approved by the Board. This action is based on incompetence.Click here for full text (PDF)

DE LOS HEROS, REINALDO, M.D.: License # 017206; 07/11/06. By Consent Agreement the Board issued a conditioned license to the licensee with the following conditions: the licensee shall restrict his practice to working in a supervised relationship; the supervising/monitoring physician shall provide on-going, regular supervision to include review of patient charts, review of efficacy of prescribed medications and review of consultations with other mental health providers involved in patient care; the supervising/monitoring physician shall provide the Board with quarterly reports; the licensee shall abstain from consuming alcohol and mood or mind altering substances or medications and the licensee shall submit to monthly urine monitoring. This action is based on disciplinary action by another state medical board and substance abuse issues. Click here for full text (PDF).

DIESSNER, ARDELL W., M.D. LICENSE #013418; 09/12/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the voluntary surrender of his Maine medical license. This action is based on unprofessional conduct. Click here for full text (PDF)

El-SILIMY, OSAMA EL SAYED A., M.D. LICENSE # 014725; 09/12/06. At the conclusion of an Adjudicatory Hearing held on September 12, 2006, the Board voted that the licensee receive a reprimand. In addition the licensee must utilize a system which would prevent patient records from being altered and complete a Board approved course regarding medical record keeping which would include legal and ethical components by January 28, 2007. This action is based on unprofessional conduct and a criminal conviction. Click here for full text (PDF)

FISK, HENRY J. M.D.: LICENSE # 009190; 12/12/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a reprimand from the Board. The licensee's Maine medical license will be subject to the following conditions: 1) the licensee will engage in counseling, including anger management counseling, with a provider pre-approved by the Board and pursuant to a treatment plan pre-approved by the Board. The licensee shall ensure that the Board-approved counselor provides quarterly reports to the Board. This action is based on a criminal conviction. Click here for full text (PDF)

FRANCK, JOEL I., M.D.: License # 012095; 07/11/06. In lieu of proceeding to an adjudicatory hearing, the licensee agrees to accept a reprimand from the Board. In addition, within one (1) year following the execution of this Consent Agreement the licensee will enroll in and successfully complete a Board-approved course in general ethics and boundaries and provide the Board with documentary proof of the completion of such Board-approved course. This action is based on unprofessional conduct. Click here for full text (PDF).

FUSON, JEFFREY W., M.D.: License # 009849; 11/14/06. By Consent Agreement the licensee agrees that his Maine medical license shall be subject to the following conditions: 1) The licensee shall limit his practice of medicine to a closely supervised ambulatory practice location approved by the Board. 2) The licensee shall practice medicine only at the Board approved location under the supervision of a Board approved physician. 3) The licensee shall have no "on call" responsibilities. 4) The licensee shall see a limited number of patients per day, which number shall be monitored and regulated by his supervising physician. 5) The licensee shall see only established and previously diagnosed patients with the following exception: the licensee may treat a limited number of new and previously undiagnosed patients so long as he and his supervising physician perform a chart review on the same date that the licensee sees/treats new patients. 6) The licensee and his supervising physician shall engage in a weekly case discussion and record review of 50% of the established and previously diagnosed patients treated each week by the licensee. 7) The licensee shall utilize prosthetic memory devises to assist him in his medical practice. 8) The licensee shall ensure that his supervising physician develops and implements protocols for the medical practice that assist the licensee with clinical practice updates and potential drug interactions. 9) The licensee shall ensure that he regularly communicates with his supervising physician. 10) The licensee shall ensure that his supervising physician provides the Board with quarterly reports concerning his compliance with the terms and conditions of this Second Consent Agreement for Licensure as well as the licensee's medical practice. This action is based on concerns regarding the licensee's cognitive and motor difficulties. Click here for full text (PDF).

FUSON, JEFFREY W., M.D.: License # 009849; 01/10/06. By Consent Agreement the licensee's Maine medical license was renewed in Active status with the following conditions: 1) The licensee shall limit his practice of medicine to a closely supervised ambulatory practice location approved by the Board. 2) The licensee shall practice medicine only at the Board approved location under the supervision of a Board approved physician. 3) The licensee shall have no "on-call: responsibilities. 4) The licensee shall see a limited number of patients per day 5) The licensee shall see only established and previously diagnosed patients 6) The licensee and his supervising physician shall engage in a case discussion and record review on the same date on which the patient is seen. 7) The licensee shall ensure that his supervising physician provides the Board with monthly reports concerning his compliance with the terms and conditions of the Consent Agreement. This action is based on concerns regarding the licensee's cognitive and motor difficulties.

GALLAGHER, BRIAN M.D.: LICENSE # 013759; 12/12/06. On December 12, 2006 the Board voted to accept the licensee's voluntary surrender of his Maine medical license. The licensee surrendered his license while under investigation for unprofessional conduct based on inappropriate prescribing practices. Click here for full text (PDF)

GARCIA, CESAR O., M.D. LICENSE # 015094; 11/14/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a reprimand from the Board. The licensee agrees to follow the guidelines for standard resident work hours so that he does not become excessively fatigued. This action was based on unprofessional conduct. Click here for full text (PDF).

KAWAMURA, TAKEO M.D.: LICENSE # 005412; 02/14/06. By Consent Agreement, the licensee agrees to accept a reprimand for his conduct for violating patient confidentiality and unaccepted therapy modalities and shall stop treating family members except where they are in conjoint family therapy and treatment. In addition, the licensee agrees that each calendar year he will enroll in and successfully complete a Board-approved participatory ethics course with feedback to the Board. The licensee will also maintain counseling and therapy with his therapist. This action is based on unprofessional conduct and incompetence. Click here for full text (PDF).

LEE, MICHELE S. M.D. LICENSE # TD-04-006; 08/29/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a reprimand from the Board. In addition, within one (1) year following the execution of this Consent Agreement the licensee will enroll in and successfully complete a Board-approved course in diagnosing and treating critically ill patients. This action is based on incompetence and unprofessional conduct. Click here for full text (PDF)

MORONG, DOUGLAS M. P.A.-C: LICENSE # PA-503; 12/12/06. Thirty (30) day summary suspension of Maine physician assistant's license based on the imminent threat to the public posed by the licensee's continued practice due to alleged fraud or deceit in the provision of medical services, substance abuse, unprofessional conduct, and incompetence. Click here for full text (PDF)

NEWCOMB, JOHN L., M.D.: LICENSE # 007862; 12/12/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a reprimand from the Board. The licensee agrees to a twelve (12) month suspension of his Maine medical license; however the suspension is suspended in its entirety so long as the licensee complies with the terms and conditions of probation. The licensee's Maine medical license shall be placed on probation for a period of five (5) years. The licensee shall establish a relationship with a licensed psychiatrist approved by the Board who shall monitor the licensee's practice and provide the Board with quarterly reports. Within sixty (60) days of the execution of the Consent Agreement the licensee shall engage a professional office management entity to evaluate his coding and documentation practices. Within twelve (12) months following the execution of the Consent Agreement, the licensee shall enroll in and successfully complete the following courses: 1) a Board approved course regarding current pharmacologic medication in conjunction with psychotherapy; and 2) a Board approved course in ethics. This action is based on unprofessional conduct and incompetence. Click here for full text (PDF)

NICHOLSON, ANDREW S. M.D.: LICENSE # 015480; 11/30/06. Based on the Decision and Order of the Maine Kennebec County Superior Court dated November 30, 2006, the probation placed on the licensee's Maine medical license ended one (1) year after the effective date of the Consent Agreement, which was February 11, 2003. The licensee remains subject to the restriction placed on his Maine medical license regarding the treatment of minors. Click here for full text (PDF)

PAHILAN, ABE N., M.D.: LICENSE # 013287; 02/21/06. At the conclusion of an Adjudicatory Hearing held on February 21, 2006, the Board voted to revoke the licensee's Maine medical license based on incompetence and unprofessional conduct. Click here for full text (PDF).

SAVADOVE, ROBERT F., M.D.: License # 006955; 03/14/06. On March 14, 2006 the Board voted to accept the licensee's voluntary surrender of his Maine medical license. The licensee surrendered his license while under investigation for alleged sexual misconduct. Click here for full text (PDF).

SITTERLY, KARL F., M.D.: LICENSE #015041; 01/31/06. Thirty (30) day summary suspension of Maine medical license based on substance abuse issues. Click here for full text (PDF).

SITTERLY, KARL F., M.D.: LICENSE # 015041; 02/14/06. The Board summarily suspended the licensee's Maine medical license for thirty (30) days on January 31, 2006, and scheduled the matter for an adjudicatory hearing. Subsequently, the licensee entered into a Consent Agreement with the Board in which the licensee agreed to the continued suspension of his license to practice medicine until such time as this matter is fully and finally resolved by the Board. The licensee understands and agrees that he may not practice medicine or render any professional health care services to any person in the State of Maine or in any other location under his Maine medical license. This action is based on substance abuse issues.

STURDEVANT, DAVID F. M.D.: License # 012561; 07/11/06. In lieu of proceeding to an adjudicatory hearing, the licensee agrees to cease prescribing schedule II and/or schedule III controlled substances for any patient for the chronic use of schedule II and/or schedule III controlled substances. At present the licensee has closed his practice, is no longer practicing medicine and has no patients. If the licensee resumes the practice of medicine, he will immediately inform the Board and abide by the prescribing prohibitions set forth in the Consent Agreement. This action is based on inappropriate prescribing practices. Click here for full text (PDF)

SULTAN, SHAFI A., M.D. LICENSE # 010177; 02/14/06. At the conclusion of an Adjudicatory Hearing held on February 14, 2006, the Board voted to revoke the licensee's Maine medical license based on action taken by the Medical Board of Virginia, which suspended his medical license for a period of not less than one year based upon a finding that he practiced in a manner that endangered the health or welfare of his patients by performing surgical procedures that were beyond his abilities and failing to consult with specialists. In addition to revocation, the Maine Board ordered the licensee to pay costs of $650.00 by May 21, 2006. Click here for full text (PDF).

THANHAUSER, DAVID A., M.D. LICENSE # 008077; 10/10/06. In lieu of proceeding to an Adjudicatory Hearing the licensee agrees to accept a reprimand from the Board. In addition, within six (6) months of the execution of the Consent Agreement the licensee will enroll in and successfully complete a Board approved course in general ethics and boundaries and provide the Board with documentary proof of the completion of such course. This action is based on inappropriate sexual contact with a patient. Click here for full text (PDF)

TOTO, TIMOTHY P. P.A.: License PA-351; 03/14/06. Licensee complied with the terms of his Consent Agreement and Order which was effective 05/11/04. Click here for full text (PDF).

TRUMBULL, DONALD, M.D.: License # 011516; 10/10/06. Licensee complied with the terms of his Consent Agreement, which was effective December 12, 2000, and was released from the terms and conditions effective October 10, 2006. Click here for full text (PDF).

VIGNA, BERNARD P., JR., M.D.: LICENSE # 012559; 11/10/06. The six (6) month suspension of the licensee's Maine medical license, which began on May 9, 2006, ended on November 10, 2006. The licensee's Maine medical license will be on probation for a period of ten (10) years. The licensee remains subject to the other terms and conditions of the Decision and Order of the Maine Board of Licensure in Medicine dated June 13, 2006. Click here for full text (PDF).

VIGNA, BERNARD P., JR., M.D. LICENSE # 012559; 05/16/06. At the conclusion of an Adjudicatory Hearing held on May 9, 2006 the Board voted to reprimand the licensee. In addition, the licensee's Maine medical license was suspended for a period of six (6) months beginning May 9, 2006. During the course of the license suspension, the licensee shall attend the following courses pre-approved by the Board: medical ethics, boundary issues, records keeping and pain management including basic pharmacology and pain management drugs. The licensee shall appear before the Board before the expiration of his license suspension to address his fitness to practice as a physician. The licensee's Maine medical license is placed on probation for a period of ten years. This action is based on unprofessional conduct, incompetence, sexual misconduct and inappropriate prescribing practices.

WILLIAMSON, GEORGE D. M.D.: LICENSE # TD061032; 12/12/06. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to voluntarily surrender his Maine medical license. This action is based on fraud and deceit in obtaining a license. Click here for full text (PDF)