ADVERSE LICENSING ACTIONS - 2010

This page is updated as Adverse Actions occur. The page was last updated July 29, 2010ate --> .

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

ANDROKITES, ALICE C., M.D.: License # 014624; 05/11/10. On May 11, 2010 the Board voted to accept the licensee’s surrender of her Maine medical license. The licensee surrendered her license while under investigation for competence issues.

ARATO, HOLLY G. M.D. :License # 013391; 01/12/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that the Board has sufficient evidence to conclude that: A. She violated the terms of her consent agreement by (i) failing to fully participate in the Physicians Health Program, (ii) failing to continue to maintain a relationship with a Board approved physician who would provide all her pain medications and prescriptions, and (iii) obtaining opioid medication for a friend (self-prescribing) for her use outside of a Board approved doctor/physician relationship; and B. She currently suffers from a mental or physical condition that may result in her ability to practice medicine in a manner that endangers either the health or safety of patients. The licensee concedes that the foregoing constitutes grounds for discipline. As discipline for the foregoing conduct, the licensee agrees to the immediate and voluntary surrender of her Maine medical license. Click here for full text (PDF)

BOBKER, DANIEL, M.D. License # 013940; 01/27/10. In lieu of proceeding to an Adjudicatory Hearing, the Board granted the licensee a conditional Maine medical license subject to the following terms and conditions: 1) the licensee agrees to abstain from the use of any and all prohibited substances as defined in the Second Consent Agreement; 2) the licensee agrees that for the period following the execution of the Second Consent Agreement until he returns to the active practice of medicine substance abuse testing shall be performed once a week; 3) for the period following the licensee's return to the active practice of medicine and for one (1) year thereafter, substance abuse monitoring shall occur weekly; 4) the licensee shall submit for Board approval the name of a substance abuse monitor; 5) within thirty (30) days following the execution of the Second 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 he shall consult at least twice monthly; 6) within thirty (30) days following the execution of the Second Consent Agreement the licensee shall submit for Board approval the name of a licensed individual or agency in the treatment of mental health issues with whom he shall consult at least monthly; 7) commencing one (1) month following the execution of the Second Consent Agreement and continuing for one (1) year thereafter, the licensee shall ensure that the Board approved treatment providers submit to the Board written reports regarding his compliance with treatment, ability to continue practicing medicine and his prognosis for continued recovery; 8) Prior to returning to the active practice of medicine, the licensee must have a Board approved practice location. The licensee agrees to work no more than twenty 20 hours per week (daytime hours only), and shall not take call. The licensee shall have a Board approved Physician Monitor and shall practice pursuant to a written plan of supervision; 9) The licensee agrees to attend AA and/or NA and enter into a contract with the Maine Professionals Health Program and fully participate in the program as long as the Second Consent Agreement remains in force. This action is based on violation of the terms and conditions of a prior Consent Agreement and substance abuse issues. Click here for full text (PDF)

DE LOS HEROS, REINALDO O., M.D.; License # 017206; 04/13/10. On April 13, 2010 the Board reviewed information received from the licensee indicating that he would comply with all recommendations of the evaluator resulting from his neuropsychiatric evaluation. Based on this information, the Board voted to terminate the Consent Agreement dated July 23, 2009 as amended by the First Amendment to Consent Agreement dated February 2, 2010. This action is effective April 13, 2010. Click here for full text (PDF)

De Los HEROS, REINALDO O., M.D.; License # 017206; 02/02/10. On December 8, 2009 the Board reviewed the licensee's written request to amend the Consent Agreement entered into on July 23, 2009. After review the Board voted to amend the Consent Agreement as follows: 1) Paragraph 3c the existing language will be deleted and replaced with the following language: "Monitoring shall occur at least once a month, and shall include a review of all patient charts and review of at least one tape-recorded session between Dr. de los Heros and a patient." 2) Paragraph 3d the existing language will be deleted and replaced with the following language: "Dr. de los Heros shall ensure that his supervising/monitoring psychiatrist provides written reports of his progress to the Board once per month and provides verbal reports of his progress to Dr. Dreher once per month."

GRIFFIN, MICHAEL J., M.D. License # 010691; 07/13/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee voluntarily surrendered his Maine medical license effective July 13, 2010. This action is based on a report of a relapse to alcohol use, and the licensee’s decision to retire from the practice of medicine. Click here for full text (PDF)

KENISTON-DUBOCQ, LINDA, M.D.; License # 012260; 04/30/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that with regard to complaint CR 09-220 the Board has sufficient evidence from which it could conclude that Dr. Keniston-Dubocq engaged in habitual substance abuse that was foreseeably likely to result in her performing services in a manner that endangered the health or safety of patients. The licensee agrees to accept the following discipline: 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 she shall obtain all prescription medication(s), with the exception of medications prescribed by her 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 consult and counsel with a Board-approved individual or agency for the treatment of mental health issues at least monthly; 6) the licensee shall provide the Board with all locations where she practices medicine and shall permit the Board to conduct announced and/or unannounced inspections of all locations where she practices medicine; 6) the licensee shall have a Board approved practice monitor; and 7) the licensee shall attend AA and/or NA or another Board approved non-faith-based self-help group meeting at least twice per week. The licensee shall attend self-help group meetings of an impaired medical professional group (i.e. Caduceus). The licensee shall submit a quarterly report of her attendance at AA, NA or impaired professional self-help group meetings to the Board. This action is based on substance abuse issues. Click here for full text (PDF)

MICHALOWSKI, ELLEN E., M.D.: License # 014320; 07/13/10. At the conclusion of an Adjudicatory Hearing beginning on April 13, 2010 and continued on July 13, 2010 the Board voted to revoke the licensee's Maine medical license effective July 13, 2010. This action is based on multiple violations, including fraud or deceit in the practice of medicine, substance abuse issues, unprofessional conduct, incompetence and violation of terms of probation. Click here for full text (PDF)

SINGER, CLIFFORD M., M.D. 07/29/10. By Consent Agreement, the Board granted the licensee a conditional Maine medical license with the following terms and conditions, which shall remain in effect for a period of three (3) years following the execution of the Consent Agreement for Conditional Licensure: (1) the licensee agrees that he will not use sample medication without a prescription for his own treatment; (2) the licensee agrees to attend regularly scheduled appointments with his treating physician. The licensee agrees to only use medications prescribed by his treating physician; (3) the licensee understands and agrees that he will timely complete all medical record documentation. The licensee shall ensure that all medical records/charts are updated within twenty-four (24) hours of each patient encounter; (4) the licensee agrees to have a Professional Monitor approved by the Board review his medical charts for a period of three (3) years; (5) the licensee agrees to attend and successfully complete the Case Western Intensive Course in Medical Records Keeping with Individual Preceptorships within six (6) months of the execution of this Consent Agreement. This action is based on unprofessional conduct. Click here for full text (PDF)

SITTERLY, KARL F., M.D.: License # 015041; 01/12/10. On November 10, 2009 the Board reviewed a request from the licensee to amend the Consent Agreement for Conditional Licensure to reduce the number of random urine tests from once every other week as required by the First Amendment to paragraph 14 (c)(iii)(b) of the conditions of licensure to once a month. 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)

SPEAR, MARK A., M.D.; License # 017044; 06/08/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee concedes that the Board has evidence from which it could conclude by the preponderance of the evidence that the alleged conduct occurred and could constitute fraud or deceit in obtaining a license. As discipline for complaint CR 10-092 the licensee agrees to: 1) accept a reprimand; and 2) pay a civil penalty of five hundred dollars ($500.00). This action is based on fraud or deceit in obtaining a license. Click here for full text (PDF).

YORK, DAVID A., M.D. License # 017967; 07/13/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee voluntarily surrendered his Maine medical license effective July 13, 2010. This action is based on incompetence and unprofessional conduct related to the licensee’s downloading of child pornography. Click here for full text (PDF).