NEWS RELEASE: DCCA Disciplinary Actions (Through February 2016)

Posted on Mar 11, 2016 in Main, News Releases, OAH

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

 Office of Administrative Hearings

 DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE

DCCA DISCIPLINARY ACTIONS

(Through February 2016)

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of February 2016 taken on individuals and entities with professional and vocational licenses in Hawaii.  These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties.  Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

HAWAII MEDICAL BOARD

Respondent:        Frederick A. Harada, M.D.
Case Number:      MED 2015-118-L
Sanction:              Licensee on probation
Effective Date:     2-11-16

During the term of his probation, Respondent has agreed to comply with the terms and conditions of his current contract with Pu`ulu Lapa`au (“PL”). The contract with PL was due to issues relating to Respondent’s fitness to practice medicine. (Board approved Settlement Agreement.)

Respondent:        Joseph K. Kamaka, III, M.D. (Maui)
Case Number:      MED 2014-67-L
Sanction:              $2,500 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined in Illinois, Virginia and California and failing to report the disciplinary actions to the Board within 30 days after the disciplinary decisions were issued. The Consent Order in Illinois alleged that Respondent failed to establish and maintain records of patient care and treatment as required by Illinois law.  The Virginia and California actions were based on the Illinois Consent Order. (Board approved Settlement Agreement.)

Respondent:        Bruce R. Dooley, M.D.
Case Number:      MED 2015-87-L
Sanction:              $2,500 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS §§ 453-8(a)(6) and 453-8(a)(15) by answering “no” to the question on his March 10, 2001 application for licensure which asked if he was “presently being investigated or is any disciplinary action presently pending against you?” when there was pending disciplinary action against him in Florida which did not become final until June 20, 2001.  Respondent also allegedly violated HRS § 453-8(a)(11) by being disciplined in Florida and HRS § 453-8(a)(14) by failing to report the disciplinary action to the Board within 30 days after the disciplinary decision is issued.  (Board approved Settlement Agreement.)

Respondent:        Todd Ken Horiuchi, M.D.
Case Number:      MED 2015-143-L
Sanction:              Licensee reprimanded, $1,000 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS § 453-8(a)(15) by submitting a renewal application that failed to include information about a civil lawsuit relating to an adverse effect from a prescribed medication. (Board approved Settlement Agreement.)

Respondent:        Robert S. Smith, M.D.
Case Number:      MED 2015-123-L
Sanction:              $2,500 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS § 453-8(a)(14) by failing to report disciplinary actions taken in Alaska on May 17, 2012 and April 9, 2014 to the Board within 30 days after the disciplinary decisions were issued.  Respondent also allegedly violated HRS § 453-8(a)(15) by answering “no” to the question on his November 16, 2013 renewal application which asked if, in the past two years, Respondent had been subject to any disciplinary action. (Board approved Settlement Agreement.)

Respondent:        Kelly A. Supple, M.D.
Case Number:      MED 2015-94-L
Sanction:              Voluntary surrender of license
Effective Date:     2-11-16

Respondent allegedly violated HRS §§ 453-8(a)(11), and 453-8(a)(14) by being the subject of disciplinary action in the State of Washington and failing to report the disciplinary action to the Board within 30 days after the disciplinary decision was issued. (Board approved Settlement Agreement.)

Respondent:        Wendell C. Danforth, M.D.
Case Number:      MED 2014-103-L
Sanction:              $5,000 fine, surrender DEA license for 2 years, comply with terms and requirements of monitoring agreement, successfully complete residential or intensive longitudinal day treatment process
Effective Date:     2-11-16

The Board found that Respondent violated HRS § 453-8(a)(4) by being habituated to the excessive use of alcohol, HRS § 453-8(a)(9) by engaging in conduct or practice contrary to the recognized standards of ethics of the medical profession, HRS § 453-8(11) by being disciplined in North Carolina, HRS § 453-8(a)(13) by violating HRS Chapter 329, the Uniform Controlled Substances Act, and HRS § 453-8(a)(14 by failing to report the North Carolina action to the Board within 30 days after the disciplinary decision was issued.  The North Carolina Consent Order states that Respondent admitted that he prescribed controlled substances to five patients without first obtaining a history or performing a physical examination and did not have documented patient-physician relationships with those patients.  The North Carolina Consent Order also states that Respondent prescribed Oxycodone in a patient’s name with the knowledge and intent that the medication would be provided to another patient and that Respondent prescribed Oxycodone for someone with whom he was engaged in an intimate personal relationship. (Board’s Final Order after contested case hearing.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        Stanley L. Thornton, aka Stanley M. Thornton
Case Number:      ACC 2009-2-L
Sanction:              CPA license suspended for 1 year, fully satisfy 2008 judgment, $1,000 fine
Effective Date:     2-5-16

The Board found that Respondent violated HRS § 436B-19(7) by engaging in professional misconduct, incompetence or gross negligence in the practice of public accountancy, HRS § 436B-19(8) by failing to maintain a record or history of competency, trustworthiness, fair dealing and financial integrity, and HRS § 466-9(b)(10) and HAR § 16-71-64 by engaging in conduct reflecting adversely upon the licensee’s fitness to engage in the practice of public accountancy.  On November 19, 2008, a civil judgment in the principal amount of $24,634.23 as of March 31, 2008 plus per diem interest was entered against Respondent based on Respondent’s failure to file timely federal and state income tax returns for his client for the years 2004 through 2006, and for Respondent’s alleged breach of a verbal promise to reimburse the client for the monetary penalties and fees incurred based on Respondent’s failure to file the tax returns on time. (Board’s Final Order after contested case hearing.)

Respondent:        BDO USA, LLP
Case Number:      ACC 2015-6-L
Sanction:              Comply with all terms of Texas Order, report violations of Texas Order to Hawaii Board, pay $2,000 in administrative costs
Effective Date:     2-5-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Texas. The Texas Order was based on allegations that Respondent performed audits for Stanford Group Company from FY2003 through FY2007, failed to exercise due professional care, and rendered an opinion regarding financial statements containing material departures from generally accepted accounting principles. (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:        Belvin Scott Parker, R.N.
Case Number:      RNS 2016-11-L
Sanction:              $500 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Alaska and failing to report the disciplinary action within 30 days.  The Alaska Order was based on Respondent’s failure to complete continuing education. (Board approved Settlement Agreement.)

Respondent:        Cynthia A. Walter, R.N.
Case Number:      RNS 2016-6-L
Sanction:              $500 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Oklahoma.  The Oklahoma Order alleged that Respondent participated in telephone calls with clients in Oklahoma without an active Oklahoma license. (Board approved Settlement Agreement.)

Respondent:        Susan Kaye Spaulding, R.N.
Case Number:      RNS 2015-22-L
Sanction:              Licensee reprimanded and on probation for 90 days, $500 fine
Effective Date:     2-11-16

Respondent admittedly violated HRS § 457-12(a)(10) by failing to report disciplinary actions in Arkansas, Mississippi and Illinois within 30 days.  The Illinois Order is based on disciplinary action taken in New York in 1998 for administering the wrong medication, insulin, a non-controlled substance, instead of Immunoglobulin as required per medical physician’s order.  The Arkansas and Mississippi Orders are based on the Illinois Order. (Board approved Settlement Agreement.)

Respondent:        Brian Hendrixon, R.N.
Case Number:      RNS 2016-10-L
Sanction:              $500 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Arizona and failing to report the disciplinary action within 30 days.  The Arizona Order of Denial was based on, among other things, failure to report a change of address and denied Respondent a request for a temporary license. (Board approved Settlement Agreement.)

Respondent:        Shoko Williams, R.N.
Case Number:      RNS 2015-23-L
Sanction:              Licensee on probation for 5 years, comply with terms of Arizona Order, $1,000 fine
Effective Date:     2-11-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Arizona and failing to report the disciplinary action within 30 days.  The Arizona Order alleged that Respondent falsified an employment application by failing to disclose that she had previously been terminated from employment based on a medication error. (Board approved Settlement Agreement.)

Respondent:        Victoria T. Moats (Hawaii Island)
Case Number:      RNS 2015-57-L
Sanction:              Voluntary surrender of license
Effective Date:     2-11-16

Respondent allegedly violated HRS § 457-12(a)(6) and HAR § 16-89-60(7)(D) by engaging in unprofessional conduct.  Respondent allegedly self-injected Propofol into herself while on duty as a nurse at the Hilo Community Surgery Center in Hilo, Hawaii, causing her to lose consciousness. (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:        Raymond N. Oishi
Case Number:      REC 2015-276-L
Sanction:              $1,900 fine
Effective Date:     1-29-16

Respondent, the principal broker for Oishi’s Property Management Corp. admittedly violated HRS § 436B-16 by failing to timely report approximately 19 small claims court judgments relating to Oishi Property Management Corp.’s property management practice regarding security deposits. (Commission approved Settlement Agreement.)

Respondent:        Oishi’s Property Management Corp.
Case Number:      REC 2015-276-L
Sanction:              $2,850 fine
Effective Date:     1-29-16

Respondent admittedly violated HRS § 436B-16 by failing to timely report approximately 19 small claims court judgments relating to security deposits. (Commission approved Settlement Agreement.)

Respondent:        Alfredo G. Salon
Case Number:      REC 2015-292-L
Sanction:              $500 fine
Effective Date:     1-29-16

Respondent admittedly violated HRS § 436B-16 by failing to report a small claims court judgment relating to property management. (Commission approved Settlement Agreement.)

Respondent:        G.K. Pua Correa, aka Greta K. Correa (Hawaii Island)
Case Number:      REC 2015-183-L
Sanction:              Voluntary revocation of license
Effective Date:     1-29-16

Respondent allegedly violated HRS §§ 436B-19(12) by failing to comply, observe or adhere to any law in a manner such that the Commission deems Respondent to be an unfit or improper person to hold a license, HRS 467-14(7) by failing, within a reasonable time, to account for any moneys belonging to others that may be in the possession or under the control of Respondent, HRS § 467-14(8) by engaging in fraudulent or dishonest dealings, HRS § 467-14(20) by failing to maintain a record or history of competency, honesty, truthfulness, financial integrity and fair dealing, HAR § 16-99-3(b) by failing to endeavor to eliminate any practices in the community which could be damaging to the public or to the dignity of the real estate profession and HAR § 16-99-3(v) by converting other people’s moneys to Respondent’s own use. On April 29, 2015, a Complaint was filed in the District Court of the Third Circuit, South Kohala Division, State of Hawaii charging Respondent with theft in the first degree.  The Complaint alleged that Respondent, as the treasurer of the Big Island Pop Warner Football Conference (“League”), allegedly took more than $90,000 in League funds through forged checks made out to Respondent.  On July 7, 2015 Respondent filed a No Contest Plea and Motion to Defer in which Respondent agreed to enter a “no contest” plea to the charge and to pay $98,100 in restitution to the League. (Commission approved Settlement Agreement.)

Respondent:        Branden Lee
Case Number:      REC 2014-456-L
Sanction:              $3,000 fine
Effective Date:     1-29-16

Respondent admittedly violated HRS § 436B-19(1) by inadvertently engaging in real estate transactions while his real estate license was not current. (Commission approved Settlement Agreement.)

Respondent:        Charles S. Portwood, III
Case Number:      REC 2012-52-L
Sanction:              $2,000 fine
Effective Date:     2-26-16

The Commission found that Respondent, as the principal broker, violated HRS §§ 467-9 and 467-1.6 by failing to register his trade name with the DCCA and engaging in real estate activity prior to restoring his expired license.  Respondent also violated HRS § 436B-16 by failing to provide the Commission written notice within 30 days of a $473.05 judgment entered against him. (Commission’s Final Order after contested case hearing.)

Respondent:        Debra Hart, nka Debra Tuck
Case Number:      REC 2008-227-L and REC 2015-169-L
Sanction:              Voluntary revocation of license
Effective Date:     2-26-16

Respondent allegedly violated HRS § 436B-16(a) by failing to provide the Commission written notice within 30 days of a judgment entered against her, HRS § 436B-19(7) by engaging in professional misconduct, HRS § 467-14(8) by engaging in fraudulent or dishonest dealings, HRS § 467-14(20) by failing to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing, and HAR § 16-99-3(b) by failing to protect the public against fraud, misrepresentation, or unethical practices in the real estate field. (Commission approved Settlement Agreement.)

Respondent:        Derek K. Kanoa
Case Number:      REC 2015-156-L
Sanction:              $500 fine
Effective Date:     2-26-16

Respondent admittedly violated HRS § 467-20 by filing a document that was untrue or contained a material misstatement of fact.  Respondent answered “no” to the question of whether any complaints or charges had ever been filed against him with the licensing agency of any state when, on September 30, 1988, Respondent was fined and ordered by the Commission to complete continuing education based on alleged sales of unregistered time share units.  (Commission approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        GAC Auto Group, Inc.
Case Number:      MVI 2015-40-L
Sanction:              $1,000 fine
Effective Date:     2-23-16

Respondent allegedly violated HRS § 437-12(b) by failing to transfer title of a vehicle within 30 days of the sale of the vehicle and § 437-28(a)(17)(F) by failing to include a disclosure of the consumer’s 3-day right to cancel the sale in its sales agreement. (Board approved Settlement Agreement.)

BOARD OF PSYCHOLOGY

Respondent:        Jacqueline G. Brittain (Hawaii Island)
Case Number:      PSY 2015-21-L
Sanction:              Voluntary surrender of license
Effective Date:     2-19-16

Respondent allegedly violated HRS § 465-13(a)(14) based on her alleged inability to practice psychology with reasonable skill and safety because of current health problems. (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:      American Technologies, Inc., dba American Restoration and Interiors, and Gary P. Moore
Case Number:      CLB 2014-339-L
Sanction:              $500 fine
Effective Date:     2-19-16

Respondents admittedly violated HRS § 436B-19(15) by failing to report disciplinary action taken against Respondent American Technologies in California within 30 days.  Respondents were cited by the California Board based on work performed by subcontractors. (Board approved Settlement Agreement.)

Respondent:        Thomas E. O’Leary, dba O’Leary Construction (Hawaii Island)

Case Number:      CLB 2014-323-L
Sanction:              $1,000 fine
Effective Date:     2-19-16

Respondent allegedly violated HRS § 444-17(17) by employing or utilizing an unlicensed person to perform work which required a license. (Board approved Settlement Agreement.)

BOARD OF MASSAGE THERAPY

Respondent:        Daniel J. Lambdin (Hawaii Island)
Case Number:      MAS 2015-39-L
Sanction:              $500 fine
Effective Date:     2-3-16

Respondent allegedly violated HRS § 452-24(a)(9) by answering “no” to the question on his renewal application dated June 27, 2014 “In the past 3 years have you been convicted of a crime which has not been annulled or expunged” when he had been convicted of driving a motor vehicle without a motor vehicle driver’s license on November 12, 2013. (Board approved Settlement Agreement.)

Respondent:        Amber L. Lane (Hawaii Island)
Case Number:      MAS 2015-27-L
Sanction:              Voluntary surrender of license
Effective Date:     2-3-16

Respondent allegedly violated HRS §§ 436B-19(5), 452-24(1) and 452-24(9) by failing to disclose on her 2014 renewal application dated March 6, 2015 that on February 24, 2014, she was convicted of the petty misdemeanor offense of Promoting a Detrimental Drug in the Third Degree. (Board approved Settlement Agreement.)

Copies of the decisions are available online at: cca.hawaii.gov/oah/oah_decisions/.

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 Media Contact:

Sheryl Nagata
Administrative Hearings Officer
Office of Administrative Hearings
Department of Commerce and Consumer Affairs
Email:  oah@dcca.hawaii.gov
Phone:  (808) 586-2828