NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (Through January 2016)

Posted on Feb 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
Feb. 10, 2016

DCCA DISCIPLINARY ACTIONS
(Through January 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 January 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.

BOARD OF BARBERING AND COSMETOLOGY

Respondents:      Phuong V. Bruggman, aka Phuong V. Ishimoto and Zenza Massage & Spa LLC dba Zenza Massage and Spa
Case Number:     BAR 2015-63-L
Sanction:                $500 fine
Effective Date:     11-2-15

Respondents, the designated beauty operator (Bruggman) and the beauty shop (Zenza), allegedly violated HRS §§ 439-17(d) and 439-19(a)(3) by permitting an unlicensed person to perform activities which require a license. (Board approved Settlement Agreement.)


Respondent:        Mercedita R. Scott
Case Number:     BAR 2015-46-L
Sanction:               $1,000 fine
Effective Date:     11-2-15

Respondent admittedly violated HRS §§  436B-19(6), 438-2(c), and 438-14(a)(4) by working at an unlicensed barber shop and aiding and abetting two unlicensed individuals also working at the unlicensed barber shop. (Board approved Settlement Agreement.)


Respondent:        Evelyn T. Lopez (Hawaii Island)
Case Number:     BAR 2015-53-L
Sanction:               $500 fine
Effective Date:     1-11-16

Respondent allegedly failed to disclose on her 2013 electronic renewal application dated Dec. 17, 2013, that she was convicted of the misdemeanor offense of Criminal Contempt of Court on Aug. 21, 2013, and two separate petty misdemeanor offenses of Willful Failure to Appear in Answer to Citation on Oct. 25, 2013, in violation of HRS §§ 439-19(a)(1) and 436B-19(5), 439-19(a)(4), 439-19(a)(9) and 436B-19(12). (Board approved Settlement Agreement.)


HAWAII MEDICAL BOARD

Respondent:        Charles A. Ganuelas (Hawaii Island)
Case Number:     MED 2015-103-L
Sanction:               Voluntary surrender of license
Effective Date:     1-14-16

Respondent allegedly violated HRS §§ 436B-19(14), 436B-19(17), 453-8(a)(12), and 453-8(a)(15) by being convicted of a penal offense substantially related to the qualifications, functions, or duties of the profession and by submitting a false statement to the Board. On Feb. 18, 2010, the Respondent, an emergency medical technician, was convicted of operating a vehicle under the influence of an intoxicant but failed to disclose it on his renewal application dated Dec. 7, 2011. In addition, on July 24, 2014, Respondent was convicted of driving under the influence of an intoxicant. (Board approved Settlement Agreement.)


Respondent:        Ellis W. Johnson, M.D.
Case Number:     MED 2014-105-L
Sanction:               $1,000 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 453-8(a)(11) by being disciplined in the State of Washington. Respondent entered into a Stipulation to Informal Disposition which contained allegations that Respondent failed to maintain proper records of treatment including prescriptions for a patient in the spring and summer of 2008. (Board approved Settlement Agreement.)


Respondent:        Toseef M. Khan, M.D.
Case Number:     MED 2015-43-L
Sanction:               Licensee reprimanded
Effective Date:     1-14-16

Respondent admittedly violated HRS § 453-8(a)(11) by being disciplined in Colorado, Arizona, Maryland, Illinois, California, and South Dakota. Respondent was reprimanded in these states based on a 2005 incident involving Respondent’s alleged failure to identify testicular torsion on an initial scrotal ultrasound. (Board approved Settlement Agreement.)


Respondent:        Welman A. Shrader, Jr., M.D.
Case Number:     MED 2015-47-L
Sanction:               Voluntary surrender of license
Effective Date:     1-14-16

Respondent allegedly violated HRS § 453-8(a)(11) by being disciplined in the state of New Mexico. On Dec. 10, 2014, Respondent entered into a stipulated agreement with the New Mexico Medical Board. (Board approved Settlement Agreement.)


Respondent:        Michael D. Markham, M.D.
Case Number:     MED 2015-117-L
Sanction:               Licensee on probation for 5 years, comply with terms of New York consent order, $2,500 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS §§ 453-8(a)(8) and 453-8(a)(11) by being disciplined in New York and engaging in multiple instances of negligence, including the consistent use of medical service which is inappropriate or unnecessary. A Consent Order was issued on Aug. 11, 2015, suspending Respondent’s license in New York for at least 12 months and imposing additional terms and conditions, including but not limited to: (1) reviews of medical records and charting; and, (2) alcohol/drug screening and treatment. (Board approved Settlement Agreement.)


Respondent:        Virginia H.M. Lam
Case Number:     MED 2015-86-L
Sanction:               $1,000 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined in Alaska and failing to report the disciplinary action to the Board within 30 days after the disciplinary decision is issued. Respondent, a physician assistant, practiced as a physician assistant in Alaska from Oct. 4, 2013, to Oct. 22, 2013, without a collaborative practice relationship on file with the Alaska Department of Commerce, Community and Economic Development. (Board approved Settlement Agreement.)


Respondent:        Bradley S. Kurgis, D.O.
Case Number:     MED 2014-203-L
Sanction:               $1,500 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined in Illinois and New York and failing to report the disciplinary actions to the Board within 30 days after the disciplinary decisions were issued. Respondent was censured and reprimanded and assessed a $1,500 fine by the New York Board for misdemeanor convictions in California for driving under the influence and hit-and-run property damage. (Board approved Settlement Agreement.)


BOARD OF PHARMACY

Respondent:        Serve You Custom Prescription Management, Inc.
Case Number:     PHA 2015-35-L
Sanction:               $2,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and Alabama and failing to report those actions to the Board in writing within 30 days. The Colorado action alleged that on several occasions, Respondent failed to timely file controlled substance zero reports in violation of Colorado licensing laws and was assessed a $10,000 fine. The Alabama Order was based on the Colorado action. The Alabama Board assessed a $2,000 fine and imposed one year probation. (Board approved Settlement Agreement.)


Respondent:        Coram Healthcare Corporation of Northern California
Case Number:     PHA 2015-21-L
Sanction:               $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in California and failing to report this action to the Board in writing within 30 days. The California citation was based on allegations that Respondent’s pharmacist failed to effectively review patient referral information resulting in unintended strength for fentanyl and diazepam being dispensed. The California citation imposed a $500 fine. (Board approved Settlement Agreement.)


Respondent:        Positudes, Inc.
Case Number:     PHA 2015-27-L
Sanction:               $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Colorado. The Colorado order was based on allegations that Respondent failed to comply with data submission requirements of Colorado’s electronic prescription drug monitoring program and imposed a $5,000 fine. (Board approved Settlement Agreement.)


Respondent:        Drugsource, Inc.
Case Number:     PHA 2015-13-L
Sanction:               $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and failing to report this action to the Board in writing within 30 days. The Colorado order was based on allegations that Respondent failed to submit required data to Colorado’s prescription drug monitoring program. The Colorado Order imposed a $5,000 fine. (Board approved Settlement Agreement.)


Respondent:        Commcare Pharmacy-FTL LLC
Case Number:     PHA 2015-118-L
Sanction:               $7,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in New Mexico, Louisiana, and Alabama. The Louisiana agreement was based on allegations that Respondent dispensed prescriptions to patients in Louisiana without a permit and imposed a $50,000 fine and costs. The New Mexico agreement was based on allegations that Respondent was delinquent reporting controlled substance prescription to the New Mexico Prescription Monitored Program and imposed a $100 fine. The Alabama agreement was based on disciplinary action taken by the states of Louisiana and New Mexico. (Board approved Settlement Agreement.)


Respondent:        Pylant Village Pharmacy, Inc.
Case Number:     PHA 2015-15-L
Sanction:               $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and failing to report this action to the Board in writing within 30 days. The Colorado order was based on allegations that Respondent failed to comply with data submissions to the Colorado electronic prescription drug monitoring program and imposed a $5,000 fine.  (Board approved Settlement Agreement.)


Respondent:        Hook Superx LLC
Case Number:     PHA 2015-30-L
Sanction:               $5,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in New Hampshire, Louisiana, and Maine and failing to report those actions to the Board in writing within 30 days. The Louisiana Agreement was based on allegations that Respondent’s pharmacist-in-charge failed to renew Respondent’s pharmacy license and issued a Letter or Warning and imposed a $5,000 fine. The New Hampshire Notice was based on the Louisiana action and imposed a $5,000 fine. The New Hampshire Notice also referenced a May 5, 2011, Consent Agreement with the Maine State Board of Pharmacy, which intended to resolve allegations that Respondent failed to notify the Maine Board of discipline in Louisiana. The Maine action imposed a penalty of $2,800 and one year’s probation. (Board approved Settlement Agreement.)


Respondent:        Orchard Pharmaceutical Services, LLC
Case Number:     PHA 2015-18-L
Sanction:               $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and failing to report this action to the Board in writing within 30 days. The Colorado order was based on allegations that Respondent failed to comply with data submission requirements of Colorado’s electronic prescription drug monitoring program and imposed a $5,000 fine. (Board approved Settlement Agreement.)


Respondent:        Preferred Rx LLC
Case Number:     PHA 2015-20-L
Sanction:               $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Texas and failing to report this action to the Board in writing within 30 days. The Texas Order was based on allegations that Respondent allowed an unlicensed individual to engage in the duties of a pharmacy technician and imposed a $6,000 fine. (Board approved Settlement Agreement.)


Respondent:        Exactus Pharmacy Solutions, Inc.
Case Number:     PHA 2015-11-L
Sanction:               $1,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and California and failing to report those actions to the Board in writing within 30 days. The California Order was based on allegations that Respondent’s pharmacist deviated from the requirements of a prescription. The California Order imposed a $500 fine. The Colorado Order was based on Respondent’s failure to submit required data to the Colorado prescriptions drug monitoring program and assessed a $5,000 fine. (Board approved Settlement Agreement.)


Respondent:        Infinity Compounding Solutions, LLC
Case Number:     PHA 2015-23-L
Sanction:               $500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in South Carolina and failing to report this action to the Board in writing within 30 days. The South Carolina action was taken as part of the permit application process in that state. On or about April 8, 2013, Respondent was issued an initial nonresident pharmacy permit and paid a $250 fine on June 17, 2012 as part of the application process. (Board approved Settlement Agreement.)


Respondent:        Hartley Medical Center Pharmacy, Inc.
Case Number:     PHA 2015-34-L
Sanction:               $1,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and California and failing to report those actions to the Board in writing within 30 days. The California citation was based on allegations that Respondent used expired ingredients to compound medication and imposed a $500 fine. The Colorado Order was based on allegations that Respondent failed to comply with drug submission requirements for Colorado’s electronic prescriptions drug monitoring program and imposed a $5,000 fine. (Board approved Settlement Agreement.)


Respondent:        Custom Meds, Inc.
Case Number:     PHA 2015-29-L
Sanction:             Licensee on probation for 16 months, agrees to report to the Board any violation of probation in the Florida Board’s Final Order, $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Florida. Respondent allegedly introduced domperidone into interstate commerce without FDA approval. (Board approved Settlement Agreement.)


Respondent:        Greer Laboratories, Inc.
Case Number:     PHA 2015-22-L
Sanction:             $1,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Louisiana and failing to report this action to the Board in writing within 30 days. The Louisiana Order was based on allegations that Respondent dispensed 81 prescriptions to Louisiana residents without a current Louisiana permit and imposed a $5,000 fine. (Board approved Settlement Agreement.)


Respondent:        Louis J. Yered, Jr.
Case Number:     PHA 2012-24-L
Sanction:             $500 fine
Effective Date:     1-21-16

Respondent admittedly violated HRS §§ 436B-19(13) by being disciplined in California. The Dec. 21, 2011, California Order was based on Respondent’s arrest in 2007 for stealing store merchandise including prescription medications. Respondent’s license was revoked, but the revocation was stayed and Respondent was placed on probation for three years with conditions. On Dec. 20, 2014, Respondent’s probationary period was terminated and his California license was fully restored. (Board approved Settlement Agreement.)


Respondent:        RXC Acquisition Company, dba RxCrossroads
Case Number:     PHA 2015-33-L
Sanction:             $1,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Kentucky. The Kentucky Order imposed a $100 fine and was based on an investigation which revealed that an unregistered person worked for Respondent between June 11, 2012, and July 11, 2012. (Board approved Settlement Agreement.)


Respondent:        Magellan RX Pharmacy, LLC, fka Icore Healthcare, LLC
Case Number:     PHA 2015-51-L
Sanction:             $2,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado, Maine, and Michigan and failing to report those actions to the Board in writing within 30 days. The Colorado action alleged that Respondent failed to timely file controlled substance reports in violation of Colorado licensing laws and assessed a $5,000 fine. The Maine action alleged that Respondent failed to report the Colorado action in violation of Maine licensing laws and assessed a $500 fine. The Michigan action alleged that Respondent failed to report the Colorado and Maine actions in violation of Michigan licensing laws and assessed a $500 fine. (Board approved Settlement Agreement.)


Respondent:        Injured Workers Pharmacy, LLC
Case Number:     PHA 2015-32-L
Sanction:             $3,000 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado, Alabama, and Louisiana and failing to report those actions to the Board in writing within 30 days. The Colorado action alleged that Respondent failed to timely file controlled substance reports in violation of Colorado licensing laws and assessed a $5,000 fine. The Alabama action alleged that Respondent engaged in the selling, offering for sale, compounding or dispensing drugs without a permit in violation of Alabama licensing laws and assessed a $500 fine. The Louisiana action alleged that Respondent failed to timely file controlled substance reports in violation of Louisiana licensing laws and assessed a $3,000 fine. (Board approved Settlement Agreement.)


Respondent:        Healthwarehouse.com, Inc.
Case Number:     PHA 2015-101-L
Sanction:             $2,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Ohio and Oregon. The Ohio action was based on alleged illegal drug sales of Angel’s Rest Animal Sanctuary in violation of Ohio licensing laws and assessed a $2,000 fine. The Oregon action alleged that from April 18, 2014, to Jan. 13, 2015, Respondent failed to have a pharmacist in charge in violation of Oregon licensing laws and assessed a $10,000 fine of which $5,000 was suspended. (Board approved Settlement Agreement.)


Respondent:        California Pharmacy and Compounding Center, Inc.
Case Number:     PHA 2015-99-L
Sanction:             $1,500 fine
Effective Date:     1-21-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Oregon. The Consent Order alleged that Respondent compounded and shipped non-patient specific compounded medications into Oregon prior to registering as a manufacturer in violation of Oregon licensing laws. Respondent was fined $10,000 of which $7,000 was suspended on the condition of no further violations. (Board approved Settlement Agreement.)


BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        Reynolds N. Kamakawiwoole, Jr., dba RMT Enterprises – Security Division (Hawaii Island)
Case Number:     PDG 2015-57-L
Sanction:             $200 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to submit semiannual lists of employees for the July 2014 to December 2014 and January 2015 to June 2015 reporting periods. (Board approved Settlement Agreement.)


Respondent:        Gary J. Guenther, dba In House Professional Protection (Maui)
Case Number:     PDG 2015-56-L
Sanction:             $200 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Diversity Investigative Services, Inc.
Case Number:     PDG 2015-42-L
Sanction:             $200 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Scott N. Romero
Case Number:     PDG 2015-42-L
Sanction:             $100 fine
Effective Date:     1-14-16

Respondent, the principal private detective for Diversity Investigative Services, Inc. allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Pacific Courier, Inc.
Case Number:     PDG 2015-35-L
Sanction:             $200 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Steven K. Cummings
Case Number:     PDG 2015-35-L
Sanction:             $100 fine
Effective Date:     1-14-16

Respondent, the principal guard for Pacific Courier, Inc., allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Jan-Guard Hawaii, Inc.
Case Number:     PDG 2015-30-L
Sanction:             $200 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Frank F. Commendador, Jr.
Case Number:     PDG 2015-30-L
Sanction:             $100 fine
Effective Date:     1-14-16

Respondent, the principal guard for Jan-Guard Hawaii, Inc., allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Arekat Pacific Security, Inc.
Case Number:     PDG 2015-22-L
Sanction:             $200 fine
Effective Date:     1-14-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


Respondent:        Mansour Arekat
Case Number:     PDG 2015-22-L
Sanction:             $100 fine
Effective Date:     1-14-16

Respondent, the principal guard for Arekat Pacific Security, Inc. allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)


 

CONTRACTORS LICENSE BOARD

Respondents:      Wide Open Construction, Inc. and Michael A. Young (Maui)
Case Number:     CLB 2015-271-L
Sanction:             $500 fine
Effective Date:     1-29-16

Respondents allegedly violated HRS §§ 436B-16 and 444-17(6) by violating applicable safety or labor laws and by failing to provide written notice of an order within 30 days. Five citations were issued to Respondent, Wide Open Construction, by the Hawaii Department of Labor and Industrial Relations’ Occupational Safety and Health Division. The violations alleged were categorized as serious, relating to equipment, machinery, and forklift certification. (Board approved Settlement Agreement.)


Respondents:      Oahu Plumbing & Sheet Metal, Ltd. and Norman Koji Tada
Case Number:     CLB 2015-197-L
Sanction:             $200 fine
Effective Date:     1-29-16

Respondents allegedly violated HRS § 436B-16 by failing to provide written notice of an order within 30 days. Respondent entered into a settlement agreement with the Hawaii Department of Labor and Industrial Relations on Aug. 30, 2013, to resolve two citations issued to Oahu Plumbing and Sheet Metal, Ltd. relating to safety laws. (Board approved Settlement Agreement.)


Respondent:        Halliburton Energy Services, Inc.
Case Number:     CLB 2015-266-L
Sanction:             $4,000 fine
Effective Date:     1-29-16

Respondent allegedly violated HRS §§ 436B-16 and 436B-19(14) by failing to provide written notice of an order within 30 days and by being convicted of a penal crime directly related to the qualifications, functions, or duties of a contractor. In September 2013, Respondent pleaded guilty in the United States District Court to one count of intentionally causing damage to a protected computer by knowingly causing the transmission of a program, information, code or command.  The Judgment ordered payment of a $200,000 fine. (Board approved Settlement Agreement.)


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

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