ADVERSE LICENSING ACTIONS - 2012

This page is updated as Adverse Actions occur. The page was last updated April 24, 2012 .

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

BERRY, MICHAEL S., M.D. License # MD17153; 02/29/12. On January 13, 2012 the Board reviewed the licensee's compliance with the terms and conditions of his Consent Agreement and voted to reduce the frequency of urine testing to once per month. Click here for full text (PDF)

BOBKER, DANIEL, M.D. License # MD13940; 03/27/12. On March 1, 2012 the Board received a written request from the licensee to increase his daytime work hours from thirty (30) hours per week to forty (40) hours per week, and that he be allowed to take call up to two (2) times per month. In support of this request, the licensee submitted information from his current treatment providers. On March 13, 2012, the Board reviewed the licensee's request. Following its review, the Board voted to grant the licensee's request to increase his daytime working hours from thirty (30) hours per week to forty (40) hours per week. The Board did not vote to allow the licensee to take any call. Click here for full text (PDF)

BOOTHBY, JOHN A., M.D., License # MD6217. 02/14/12. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the following: 1) a warning; 2) a license probation for two (2) years following the execution of the Consent Agreement. As specific conditions of probation, the licensee shall: a) enroll in, attend and successfully complete a Board-approved course in medical ethics and boundaries within six (6) months following the execution of the Consent Agreement; b) enroll in, attend and successfully complete a Board-approved course in physician-patient communication within six (6) months following the execution of the Consent Agreement; c) within thirty (30) days following the execution of this Consent Agreement the licensee shall send patient GH and his mother,KH, a letter of apology regarding his conduct on November 30, 2010; d) within one (1) year of the execution of this Consent Agreement, the licensee shall reimburse the Board $1,145.45 as the actual costs incurred by the Board for the investigation of this matter; and e) take all medications as prescribed to him by his treating physician(s). This action is based on unprofessional conduct. Click here for full text (PDF)

FAHEY, JOSEPH P., M.D.; License # MD17732; 01/31/12. On October 11, 2011 the Board reviewed a written request from the licensee to terminate the Consent Agreement for Conditional Licensure based upon his compliance to date and his four year compliance with a similar consent agreement with the Commonwealth of Massachusetts. In addition, the licensee provided letters of support from the Maine Medical Professionals Health Program and his physician monitor. Following its review, the Board voted to grant the licensee's request to terminate the Consent Agreement for Conditional Licensure and grant him a full and unrestricted medical license. Click here for full text (PDF)

FLETCHER, ANDREW J., M.D.; License # 016680; 01/03/12. On June 17, 2011 the Board reviewed a written request from the licensee to amend the Consent Agreement for Conditional Licensure by reducing the frequency of substance abuse testing and by decreasing the frequency of substance abuse counseling. Following its review, the Board voted to amend the Consent Agreement for Conditional Licensure by reducing the frequency of substance abuse testing to at least twice a month with four (4) additional random tests during the calendar year and to reduce the frequency of substance abuse counseling to at least once monthly. Click here for full text (PDF).

KENISTON, LINDA CUDDEBACK, M.D.; License # MD12260; 01/30/12. On November 8, 2011 the Board reviewed a written request from the licensee to amend the Consent Agreement by reducing the frequency of substance abuse testing. Following its review, the Board voted to amend the Consent Agreement by reducing the frequency of substance abuse testing to at least once every other week. All other terms and conditions of the Consent Agreement effective April 30, 2010 remain in full force and effect. Click here for full text (PDF)

LITTLE, DEBRA M., M.D. 01/09/12. On November 8, 2011 the Board voted to preliminarily deny the licensee's application for a permanent Maine medical license. The licensee was notified by letter dated December 9, 2011, sent via e-mail. The licensee confirmed receipt of the letter in an e-mail dated December 9, 2011. The licensee did not appeal the preliminary denial. The denial became effective January 9, 2012.

MCELDOON, WESLEY A., M.D., License #EL91048. 01/10/12. At the conclusion of an Adjudicatory Hearing held on January 10, 2012 the Board voted to: 1) reprimand the licensee; 2) require the licensee to pay a fine of fifteen hundred dollars ($1500.00) per violation for a total of three thousand dollars ($3000.00) prior to May 15, 2012; and 3) require the licensee to reimburse the Board for the costs of hearing prior to May 15, 2012. This action was based on fraud or deceit in obtaining a license and unprofessional conduct. Click here for full text (PDF)

TKACH, JOHN S., M.D.: License # MD13903; 04/23/12. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the following: 1) accept a reprimand; 2) reimburse the Board Two Thousand Seven Hundred Five Dollars and Zero Cents ($2705.00) as costs of investigation; and 3) accept the following license restriction: the licensee shall immediately cease prescribing controlled medications, including all opiates and benzodiazepines, for the treatment of chronic pain except for (i) patients in skilled nursing facilities or long term care facilities; (ii) patients in hospice care; or (iii) patients with metastatic cancer. The licensee may prescribe controlled substances for no more than ten (10) consecutive days to treat acute conditions. This action is based on inappropriate prescribing practices. Click here for full text (PDF).