NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (Through January 2021)

Posted on Feb 26, 2021 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
February 26, 2021

DCCA DISCIPLINARY ACTIONS
(Through January 2021)

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 2021 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:     Vishal Verma, M.D.
Case Number:   MED 2020-162-L
Sanction:          $500 fine and reprimand
Effective Date: 1-14-21

RICO alleges that disciplinary action was taken against Respondent by the State of Maryland, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

BOARD OF NATUROPATHIC MEDICINE

Respondent:     Deborah A. Ardolf, N.D. (Hawai’i)
Case Number:   NAT 2019-3-L
Sanction:          $2,000 fine
Effective Date: 12-28-20

RICO alleges that Respondent did not communicate effectively with her patient regarding supervision and care during the night, did not control patient’s access to medications, did not provide a medication tapering schedule for patient, did not properly diagnose and/or treat patient’s symptoms, did not follow the standards of administering parenteral therapy, did not verify the accuracy of a list of patient’s current medications and did not completely document patient’s history, examination, assessment and treatment plan, in possible violation of HAR §§ 16-88-80(8), 16-88-80(6), 16-88-59(d)(10), 16-88-81(f)(2)(D) and (E), and 16-88-81(f)(2)(C), (D), (E), (F), (G), (H) and (I).  (Board approved Settlement Agreement.)

BOARD OF BARBERING AND COSMETOLOGY

Respondents:  Lisabeth A. Fletcher, dba Paradise Beauty Center and Lisabeth A. Fletcher (Kauai)
Case Number:   BAR 2020-17-L and BAR 2020-19-L
Sanction:          $1,000 fine
Effective Date: 12-22-20

RICO alleges that Respondent failed to display the licenses of Respondent and its employees and permitted an unlicensed person to perform activities requiring a beauty operator license, in possible violation of HRS §§ 439-19(a)(6) and 439-19(a)(3).  (Board approved Settlement Agreement.)

Respondents:  Ross J. Pacheco (Hawai’i)
Case Number:   BAR 2016-188-L
Sanction:          Voluntary revocation of license
Effective Date: 12-22-20

RICO alleges that in 2009, 2013, 2016 and 2017, Respondent was convicted of criminal offenses including Promoting a Dangerous Drug, Theft and Firearms registration violations.  Despite the criminal convictions, Respondent answered “No” to question number 3 on his renewal applications dated November 7, 2011 and December 13, 2013 which asked, “In the past 3 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(5), (12) and (17) and 438-14(a)(1), (4) and (9).  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:     Direct Success, Inc. dba Direct Success Pharmacy Dept.
Case Number:   PHA 2020-180-L
Sanction:          $500 fine
Effective Date: 1-21-21

RICO alleges that Respondent was disciplined by the State of Maine and failed to timely report the action to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:     USRC Pharmacy, LLC
Case Number:   PHA 2020-148-L
Sanction:          $500 fine
Effective Date: 1-21-21

RICO alleges that Respondent was disciplined by the State of Alabama, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     Wellness Pharmacy, Inc. dba Wellness Health and Pharmaceuticals
Case Number:   PHA 2020-105-L
Sanction:          $500 fine
Effective Date: 1-21-21

RICO alleges that Respondent was disciplined by the State of California, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     Appling Enterprises LLC dba Denton Prescription Shop
Case Number:   PHA 2020-142-L
Sanction:          $500 fine
Effective Date: 1-21-21

RICO alleges that Respondent was disciplined by the States of Texas, Louisiana and Alabama, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     Diabetes Management & Supplies
Case Number:   PHA 2020-147-L
Sanction:          $250 fine
Effective Date: 1-21-21

RICO alleges that Respondent was disciplined by the State of South Carolina, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     Manifest Pharmacy, LLC
Case Number:   PHA 2020-161-L
Sanction:          $250 fine
Effective Date: 1-21-21

RICO alleges that Respondent was disciplined by the State of Maine, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent:     Lacy L. Yaegle, aka Lacy L. Dexter
Case Number:   PTS 2020-23-L
Sanction:          $100 fine and complete continuing competence credits
Effective Date: 1-12-21

RICO alleges that Respondent completed 15 continuing competence units at the time Respondent submitted her renewal application to the Board, however, two units in ethics and jurisprudence were not Board-approved, in possible violation of HRS §§ 461J-10.1(b) and 461J-12(a)(11).  (Board approved Settlement Agreement.)

Respondent:     Mary Grace Gayatinea
Case Number:   PTS 2020-21-L
Sanction:          $200 fine
Effective Date: 1-12-21

RICO alleges that Respondent (1) failed to complete 2.5 required continuing competence units at the time Respondent submitted her renewal application to the Board and (2) misrepresented to the Board that she had completed all the required continuing competence units, in possible violation of HRS §§ 461J-12(a)(7) and 461J-12(a)(11).  (Board approved Settlement Agreement.)

Respondent:     Joy N. Wada
Case Number:   PTS 2020-10-L
Sanction:          $250 fine
Effective Date: 1-12-21

RICO alleges that Respondent did not timely complete two continuing competence units in ethics at the time Respondent submitted her renewal application to the Board, in possible violation of HRS §§ 461J-12(11) and 461J-10.12(1).  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:     Jaclyn M. Long, R.N. (Maui)
Case Number:   RNS 2020-28-L
Sanction:          Voluntary surrender of license
Effective Date: 1-7-21

RICO alleges that Respondent committed professional misconduct while licensed as a registered nurse by forging a prescription from her former employer, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(7)(C), (D) and (E).  (Board approved Settlement Agreement.)

Respondent:     Nicole-Marie B. Duarte, R.N. fka Nicole-Marie B. Bonilla, R.N. (Maui)
Case Number:   RNS 2020-24-L
Sanction:          $1,000 fine and complete continuing education
Effective Date: 1-7-21

RICO alleges that Respondent committed professional misconduct while employed as a registered nurse by consuming a patient’s medication that should have been disposed of, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(7)(D).  (Board approved Settlement Agreement.)

BOARD OF MASSAGE THERAPY

Respondent:     Anthony J. Wright
Case Number:   MAS 2019-109-L
Sanction:          Voluntary surrender of license
Effective Date: 1-27-21

On or about August 19, 2020, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes: HRS §§ 452-24(a)(5), 452-24(a)(6), 436B-19(7) and 436B-19(9).  (Board approved Settlement Agreement.)

Respondent:     Kenneth B. Bevis (Hawai’i)
Case Number:   MAS 2019-38-L and MAS 2019-69-L
Sanction:          Three (3) month suspension of license and $1,500 fine
Effective Date: 1-27-21

RICO alleges that in MAS 2019-38-L, Respondent improperly touched a client without first obtaining consent or providing sufficient information to the client to obtain consent before utilizing that technique.  In MAS 2019-69-L, Respondent allegedly engaged in a consensual romantic relationship with a client while treating that client, in possible violation of HRS § 452-24(a)(5).  (Board approved Settlement Agreement.)

BOARD OF DENTISTRY

Respondent:     Indu Sharma, D.D.S.
Case Number:   DEN 2019-7-L
Sanction:          License revocation
Effective Date: 1-25-21

Respondent failed to comply with the Board’s Final Order dated November 18, 2019).  (Board’s Final Order.)

REAL ESTATE COMMISSION

Respondent:     Gary M. Sakai
Case Number:   REC 2019-603-L
Sanction:          $1,500 fine
Effective Date: 2-2-21

RICO alleges that Respondent failed to disclose on his January 24, 2019 Application for real estate broker’s license that, in addition to his outstanding State tax obligations, he also had outstanding Federal tax obligations, in possible violation of HRS §§ 436B-16(a), 436B-19(17), 467-14(13) and 467-20.  (Commission approved Settlement Agreement.)

Respondent:     Loren E. Clive (Maui)
Case Number:   REC 2019-200-L
Sanction:          $500 fine $992 restitution
Effective Date: 2-2-21

RICO alleges that Respondent failed to inform Tenant of a scheduled painting project at the property during the Tenant’s stay and failed to make a good faith effort to propose a solution to address Tenant’s concerns, in possible violation of HRS §§ 436B-19(7), (8), (9) and (17) and 467-14(13), (18) and (20).  (Commission approved Settlement Agreement.)

 Respondent:     Kevin P. McCabe (Hawai’i)
Case Number:   REC 2020-272-L
Sanction:          $2,000 fine
Effective Date: 2-2-21

RICO alleges that in 2001 and 2010, Respondent was convicted for Driving Under the Influence of Intoxicating Liquor.  Despite the criminal convictions, Respondent answered “No” to question number 3 on his renewal applications dated December 2, 2008 and December 1, 2010 which asked, “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(12) and (14) and 467-20.  (Commission approved Settlement Agreement.)

 Respondent:     Charles M. Carr
Case Number:   REC 2014-18-L
Sanction:          $1,500 fine
Effective Date: 2-2-21

RICO alleges that Respondent misrepresented his role and financial compensation incentive when he entered into a “Partnership Agreement” for the purpose of purchasing real estate in the State of Hawaii on behalf of RRC and failed to document financial obligations regarding a real estate transaction in writing, in possible violation of HRS §§ 436B-19(7) and (8) and 467-14(13) and HAR §§ 16-99-3(b) and (f).  (Commission approved Settlement Agreement.)

Respondent:     Ka’ilipeleuli S. Hopkins, dba Ka’ili Hopkins
Case Number:   REC 2019-44-L
Sanction:          $1,000 fine
Effective Date: 2-2-21

RICO alleges that Respondent failed to disclose a conviction for the petty misdemeanor offense of Driving Under the Influence of an Intoxicant on his conditional license request, in possible violation of HRS §§ 436B-19(2) and 467-20.  (Commission approved Settlement Agreement.)

Respondent:     Roel E. Salanga
Case Number:   REC 2020-321-L
Sanction:          $1,000 fine and complete continuing education course(s)
Effective Date: 2-2-21

RICO alleges that as acting as both a real estate salesperson for Operators A and B, while also under a legal obligation as an inspector to inspect and verify their compliance with state law, Respondent was unable to execute his fiduciary obligations of good faith and loyalty to Operator A and possibly Operator B, in possible violation of HRS §§ 436B-19(12) and 467-14(13) and(2) and HAR § 16-99-3(b).  (Commission approved Settlement Agreement.)


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

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Media Contact:
Jayson Horiuchi
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: (808) 586-7582