ADVERSE LICENSING ACTIONS - 2008

This page is updated as Adverse Actions occur. The page was last updated June 19, 2009 .

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

AHUMADA, CARLOS A., M.D.: License # 012657; 06/12/08. Automatic suspension of Maine medical license based on non-compliance with Board Order dated June 10, 2008. Click here for full text (PDF)

AHUMADA, CARLOS A., M.D.: License # 012657; 05/13/08. At the conclusion of an Adjudicatory Hearing held on May 13, 2008 the Board voted to order the following sanctions: 1. the licensee shall immediately enroll and participate in the total Physicians' Health Program which shall require urine testing for substances including alcohol wherever the licensee shall be located. 2. the licensee shall, at his own expense, undergo a psychological and substance abuse evaluation which shall be completed by June 13, 2008. This action is based on unprofessional conduct and substance abuse issues.

ANDREWS, ROBERT P., M.D. License # 005671; 10/14/08. By Consent Agreement the Board issued a restricted Maine medical license subject to the following conditions: 1) the licensee shall not apply for nor obtain a federal DEA registration; 2) the licensee shall not prescribe any controlled substances to any individual(s) in the State of Maine; and 3) the licensee shall complete the following continuing medical education courses, which must be pre-approved by the Board, within nine (9) months following the execution of this Consent Agreement: i) ethics and boundaries; and ii) prescribing practices. This action is based on unprofessional conduct and inappropriate prescribing practices. Click here for full text (PDF)

ARATO, HOLLY G., M.D., License # 013391; 12/09/08. Thirty (30) day summary suspension of Maine medical license based on the imminent threat to the public posed by the licensee's continued practice of medicine. Click here for full text (PDF)

BABINE, SARAH E., M.D.: License # 016174; 07/08/08. At the conclusion of an Adjudicatory Hearing held on July 8, 2008 the Board voted to immediately revoke the licensee's Maine medical license effective July 8, 2008. This action is based on substance abuse issues and violation of a Consent Agreement dated July 10, 2007 Click here for full text (PDF)

BABINE, SARAH E., M.D.: License # 016174; 01/31/08. Automatic suspension of license for positive test for the presence of a prohibited substance while under Consent Agreement for substance abuse monitoring.

BELL, MICHAEL A., M.D. License # 016124; 12/09/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the following: Dr. Bell concedes that the Board has sufficient evidence to find that he (i) engaged in the practice of fraud or deceit in connection with services rendered within the scope of his Maine medical license; (ii) engaged in habitual substance abuse that was foreseeably likely to result in his performing services in a manner that endangered the health or safety of patients; and (iii) engaged in unprofessional conduct by diverting and using opiates. The licensee will accept a reprimand from the Board and agrees that he will never again divert or use drugs that he has prescribed to patients for their care and treatment. The licensee will pay a monetary penalty of one thousand dollars ($1000.00) within thirty (30) days following the execution of this Consent Agreement. The licensee's Maine medical license will be placed on probation for five (5) years with the following conditions: 1) the licensee agrees to abstain from the use of any and all prohibited substances as outlined in the Consent Agreement; 2) the licensee agrees that he shall obtain all prescription medication(s), with the exception of medications prescribed by his treating psychiatrist, from a single primary care physician approved by the Board; 3) the licensee will be subject to substance abuse monitoring; 4) the licensee shall consult and counsel with a Board-approved individual or agency for substance abuse issues at least twice monthly; 5) the licensee shall practice only at Board approved practice locations; and 6) the licensee shall have a Board approved practice monitor. This action is based on unprofessional conduct, fraud or deceit in connection with services rendered within the scope of his Maine medical license and substance abuse issues. Click here for full text (PDF)

BERRY, MICHAEL S., M.D. License # 017153; 10/14/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the following: The licensee will accept a Warning from the Board and will communicate with all patients and their families in a professional manner. The licensee's Maine medical license will be placed on a five (5) year probation with the following conditions: 1) the licensee agrees to abstain from any and all prohibited substances as outlined in the Consent Agreement; 2) the licensee will be subject to substance abuse monitoring; 3) the licensee shall consult and counsel with a Board-approved individual or agency for substance abuse issues at least twice monthly; 4) the licensee shall consult and counsel with a Board-approved individual for mental health issues at least monthly; 5) the licensee shall have a Board-approved primary care physician; and 6) the licensee shall practice only at Board approved practice locations. This action is based on unprofessional conduct, fraud or deceit in connection with services rendered within the scope of his Maine medical license, substance abuse issues and conviction of a crime that relates directly to the practice for which he is licensed. Click here for full text (PDF)

BEVERLY, BERT I., M.D.: License # 012762. The licensee complied with the terms and conditions of his Consent Agreement and was released from the terms and conditions of the agreement effective July 8, 2008. Click here for full text (PDF).

BOBKER, DANIEL M.D. License #013940; 06/25/08. Automatic suspension of license for positive test for the presence of a prohibited substance while under Consent Agreement for substance abuse monitoring. Click here for full text (PDF)

BOBKER, DANIEL, M.D. License #013940; 01/23/08. In lieu of proceeding to an adjudicatory hearing, the licensee accepts the following modifications and conditions to his Maine medical license: 1) the licensee agrees to abstain from any and all prohibited substances as outlined in the Consent Agreement; 2) the licensee agrees that he shall only obtain prescription medications from a single primary care physician approved by the Board; 3) the licensee will have a Board approved supervising physician who will oversee his substance abuse monitoring as outlined in the Consent Agreement; 4) the licensee will have a Board approved substance abuse counselor with whom he will meet at least twice monthly; 5) the licensee will have a Board approved mental health therapist and agrees to participate in psychotherapy. The psychotherapy sessions shall occur at least monthly; 6) Upon return to the active practice of medicine the licensee shall work no more than twenty (20) hours per week (daytime hours only); 7) Within thirty (30) days following his return to the active practice of medicine, the licensee will submit for Board approval the name of a licensed Maine physician who shall monitor his medical practice pursuant to a written plan of supervision approved by the Board; 8) the licensee agrees to attend AA and/or NA and will enter into a contract with the Maine Physicians Health Program and fully participate as long as this Consent Agreement remains in force.

BONHOMME, WILNER, M.D.; LICENSE TD071059; 005/13/08. At the conclusion of an Adjudicatory Hearing held on May 13, 2008, the Board voted to give the licensee a warning. This action is based on fraud or deceit. Click here for full text (PDF)

BRITO, JOSEPH C., M.D.; 11/11/08: On November 11, 2008, the Board reviewed a request from the licensee to withdraw his appeal of the Board' s preliminary denial of his Maine medical license application based upon 1) his failure to complete a post-graduate residency program in a particular specialty; 2) his lack of any clinical practice for approximately ten (10) years; 3) the denial of his application(s) for licensure by other states; and 4) his history of substance abuse. The Board granted the licensee’s request to withdraw his appeal. The Board's final denial of the licensee's application for a permanent Maine medical license became effective November 11, 2008. Click here for full text (PDF)

CHAGRASULIS, ROBERT W., M.D.: License # 012162; 01/30/08. After review of a written request from the licensee on January 8, 2008 the Board voted to grant the licensee's written request to terminate the Consent Agreement for Reinstatement and Conditioned License based on the licensee's compliance to date and his representation that he will continue to remain an active participant in the Maine Physician's Health Program, Alcoholics Anonymous and Caducecus. Click here for full text (PDF)

DIERING, SCOTT, M.D.; LICENSE # 016678; 02/12/08. At the conclusion of an Adjudicatory Hearing held on January 8, 2008, the Board voted to reprimand the licensee. The licensee's Maine medical license shall be allowed to lapse. This action is based on fraud or deceit, substance abuse issues and unprofessional conduct. Click here for full text (PDF)

FAHEY, JOSEPH P., M.D.; LICENSE # 017732; 03/11/08. By consent agreement the Board issued a conditional license with the following conditions: 1) the licensee shall abstain from the use of any and all prohibited substance as outlined in the consent agreement and to undergo monitoring for the presence of such prohibited substances. 2) the licensee agrees that with the sole exception of medications permitted by the Board to be prescribed by his Board-approved treating psychiatrist, he shall only obtain his prescription medication(s) from a single primary care physician approved by the Board. 3) within thirty (30) days following the execution of this consent agreement for conditional licensure, the licensee shall submit for Board approval the name of an individual or agency in the treatment of substance abuse with whom the licensee shall consult and counsel for substance abuse issues. The licensee shall have consultations at least twice monthly. 4) within thirty (30) days following the execution of this consent agreement for conditional licensure, the licensee shall submit for Board approval the name of a licensed individual or agency with whom he shall counsel for depression and other mental health issues. The therapy sessions shall occur at least monthly. 5) within thirty (30) days following the execution of this consent agreement for conditional licensure, the licensee shall submit for Board approval the name of a primary care physician who shall prescribe all necessary medications for the licensee and who shall coordinate the licensee's treatment and pharmacological therapy. 6) prior to engaging in the active practice of medicine, the licensee must have a Board approved practice location and practice plan. 7) prior to engaging in the active practice of medicine, the licensee must have a Board approved practice monitor. 8) the licensee agrees to attend AA and/or NA or another non-faith based self help group meeting approved by the Board. 9) the licensee shall enter into a contract with the Maine Physicians Health Program and fully participate as long as this consent agreement for conditional licensure remains in force. This action is based on substance abuse issues. Click here for full text (PDF)

FLETCHER, ANDREW J., M.D.; LICENSE # 016680; 12/24/08. Licensee requested by letter dated September 20, 2008 that the Consent Agreement for Conditional Licensure be amended by deleting the language of paragraph 12c of the Consent Agreement dated January 8, 2008. After review, the Board agrees to amend the Consent Agreement dated January 8, 2008 by deleting the following language: In complying with this provision, Dr. Fletcher agrees that he will not self-diagnose or self-treat himself for any medical issues. This amendment is effective December 24, 2008. Click here for full text (PDF).

FLETCHER, ANDREW J., M.D.; LICENSE # 016680; 01/08/08. By Consent Agreement the Board issued a conditional license with the following conditions: the licensee will abstain from the use of any and all prohibited substances as outlined in the Consent Agreement; the licensee will obtain all prescription medications from a single primary care physician approved by the Board; the licensee will be subject to substance abuse monitoring to be performed by a Board approved supervising physician; the licensee will engage in board approved substance abuse counseling; the licensee will have a Board approved physician who will monitor the licensee's medical practice; the licensee will attend AA and/or NA and will enter into a contract with the Maine Physician's Health Program. This action is based on substance abuse issues.

GAMMON, DAVID B., M.D.: LICENSE # 017705; 03/26/08. Consent Agreement for Conditional Licensure effective February 12, 2008 is amended to allow the licensee to perform reviews of medical records without providing direct patient care outside of a hospital setting. This amendment is effective March 26, 2008. Click here for full text (PDF).

GAMMON, DAVID B., M.D., LICENSE # 017705; 02/14/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a conditioned/restricted active license to practice medicine in the state of Maine. The licensee's restricted medical license shall be subject to the following conditions: a) the licensee shall limit his practice of medicine in Maine to being a "hospitalist" in a hospital duly licensed in the State of Maine; b) the licensee shall not practice medicine in any other setting outside of a duly licensed hospital; c) the licensee shall not issue any prescription(s) for any medication(s) for any patient(s) who is/are not inpatient(s) of the hospital where he practices medicine as a "hospitalist"; d) the licensee may issue one-time-only prescriptions (no re-fills permitted) to a patient upon the patient's discharge from the hospital and for the sole purpose of transitioning the patient back to his/her primary care provider; and e) the licensee shall provide a copy of this Consent Agreement to the Chief Executive Officer (CEO) of any hospital with whom he seeks or obtains employment.

GIUSTRA, RICHARD A., M.D.: License # 0007280; 11/11/08. By Consent Agreement, the Board issued the licensee a restricted Maine medical license that limits his ability to practice medicine solely to didactic teaching which does not include the clinical examination or treatment of patients. Click here for full text (PDF)

HEARN, WALTER N., P.A.-C: License # PA-060; 07/08/08. The licensee complied with the terms and conditions of his Consent Agreement and was released from the terms and conditions of the agreement effective July 8, 2008. Click here for full text (PDF)

KAWAMURA, TAKEO, M.D.; LICENSE # 005412; 01/08/08. By Consent Agreement, the licensee agrees to the immediate, voluntary permanent surrender of his Maine medical license effective January 8, 2008. This action is based on incompetence and unprofessional conduct. Click here for full text (PDF).

KESSLER, MICHAEL W., M.D.; LICENSE # 016184; 05/13/08. The licensee complied with the terms and conditions of his Consent Agreement and was released from the terms and conditions of the agreement effective May 13, 2008. Click here for full text (PDF).

KESSLER, MICHAEL W., M.D.: LICENSE # 016184; 01/30/08. After review of a written request from the licensee on December 11, 2007 the Board voted to grant the licensee's request to amend the Consent Agreement for Conditional License by eliminating the last annual counseling requirement and report as required by paragraph 4 of the "Conditions of Licensure" entitled "Professional Management." The licensee remains subject to all other terms and conditions of the agreement.

KESSLER, RONALD W., P.A. -C, License # PA-252; 12/09/08. Thirty (30) day summary suspension of Maine medical license based on the imminent threat to the public posed by the licensee's continued practice of medicine. Click here for full text (PDF).

MATTHIAS, WEEZA, M.D.: LICENSE # 016622; 04/08/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the immediate and permanent surrender of her Maine medical license effective April 8, 2008. This action is based on incompetence and unprofessional conduct. Click here for full text (PDF)

MATTHIAS, WEEZA, M.D. License # 016622; 02/12/08. Thirty (30) day summary suspension of Maine medical license based on the imminent threat to the public posed by the licensee's continued practice of medicine.

MICHALOWSKI, ELLEN E., M.D.: License # 014320; 09/08/08. By Interim Consent Agreement, the licensee agrees to the temporary suspension of her Maine medical license until such time as the Board takes final action, either by hearing and decision and order or by Consent Agreement, regarding the licensee's alleged self-prescribing of narcotic medication. The licensee agrees that she will not practice medicine or render any professional health care services to any person in the State of Maine or in any other location under her Maine medical license. This action is based on substance abuse issues. Click here for full text (PDF)

MYERS, JOHN L., M.D.: License # 010511. On June 10, 2008 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 and alleged substance abuse issues. Click here for full text (PDF)

RIFFEL, SERGIO R., M.D. : License # 016873; 09/22/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to a license probation for two (2) years following the execution of this Consent Agreement. During the period of probation, the licensee will comply with the following conditions: 1) the licensee's medical practice will be monitored by a physician approved by the Board. 2) the licensee shall complete the following continuing medical education EACH year: a) a Board-approved course in cardiovascular disease; b) a Board-approved course in critical care; c) a Board-approved course in medical case management; and d) The Medical Knowledge Self-Assessment Program (MKSAP). Click here for full text (PDF)

RUFFNER, JOSEPH D., M.D.: License # 015766; 09/09/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a Reprimand from the Board and agrees that he will never again sell a psychiatric patient under his care and treatment a firearm or any other property. The licensee will pay a monetary penalty of one thousand dollars ($1,000) within thirty (30) days of the execution of this Consent Agreement. In addition, the licensed Maine medical license will be placed on probation for a period of five (5) years. During the probation, the licensee's medical practice will be monitored by a physician approved by the Board. The licensee will complete a Board approved course on ethics and a Board approved course in doctor-patient boundaries within the twelve (12) months following the execution of this Consent Agreement. This action is based on incompetence and unprofessional conduct. Click here for full text (PDF)

SHINDERMAN, MARC S., M.D.; 01/08/08: On January 8, 2008, the Board received a request from the licensee to withdraw his appeal of the Board' preliminary denial of his Maine medical license application based upon his federal criminal convictions. The Board granted the licensee’s request to withdraw his appeal. The Board's final denial of the licensee's application for a permanent Maine medical license became effective January 8, 2008. This action is based on the licensee's federal felony criminal convictions. Click here for full text (PDF).

SITTERLY, KARL F., M.D.: License # 015041; 06/10/08. Licensee requested that the Consent Agreement for Conditional Licensure be amended to reduce the number of random urine tests from once a week as required by paragraph 14 (c)(iii)(b) of the conditions of licensure to once every other week.. Following its review, the Board voted to grant the licensee's request to amend the Consent Agreement for Conditional Licensure. All other terms and conditions of the Consent Agreement for Conditional License remain in full force and effect.Click here for full text (PDF).

STRUBA, ROBERT J., M.D.; LICENSE # 014552; 01/08/08. The licensee complied with the terms and conditions of his Consent Agreement and was released from the terms and conditions of the agreement effective January 8, 2008. Click here for full text (PDF).

TIEMANN, WILLIAM E., M.D.: License # 017069; 06/10/08. . In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept modifications to and conditions imposed on his license. The licensee is subject to substance abuse monitoring. The licensee will obtain all prescription medications from a single primary care physician approved by the Board. Within thirty (30) days following the execution of this Consent Agreement, the licensee shall submit for Board approval the name of a licensed individual or agency in the treatment of substance abuse with whom the licensee shall consult and counsel for the purpose of working on all issues pertaining to his substance abuse issues. The licensee shall ensure that the Board receives written reports from treatment providers no later than July 1, October 1, January 1 and April 1 of each year that this Consent Agreement is in effect. This action is based on unprofessional conduct and substance abuse issues. Click here for full text (PDF).

TRAYNOR, ANN E., M.D.: License # 017505; 09/09/08. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a Warning from the Board and agrees that on all future applications or submissions filed with the Board that she will disclose any and all adverse information requested and ensure that all information that she provides to the Board is true and correct. In addition, she will pay a monetary penalty of one thousand dollars ($1,000) within thirty (30) days of the execution of this Consent Agreement. This action is based on alleged fraud or deceit. Click here for full text (PDF)

WATERMAN, JANE M.D.: License # 013878; 07/24/08. By Interim Consent Agreement, the licensee agrees to the temporary suspension of her Maine medical license pending final resolution of a complaint before the Board. The licensee agrees that she will not practice medicine or render any professional health care services to any person in the State of Maine or in any other location under her Maine medical license. Click here for full text (PDF)