RELEASE: DCCA DISCIPLINARY ACTIONS (Through January 2020)

Posted on Feb 12, 2020 in 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 12, 2020

DCCA DISCIPLINARY ACTIONS

(Through January 2020)

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 2020 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 NURSING

Respondent:        Liana Kealohilani Martinez, fka L.A. Liana Beckwith, aka Lee Ann Mathis, aka Lee Ann Chopra, aka Lee Ann Novick, aka Lee Robinson Novick, aka Liane Novich Beckwith, aka Liana Kealohilani Van Wye

Case Number:     RNS 2009-20-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-9-20

The Board adopted the Hearings Officer’s findings of fact, conclusions of law, and recommended order filed November 22, 2019, and found and concluded that Respondent violated HAR § 16-89-60(7)(D).  (Board’s Final Order after contested case hearing.)

 

BOARD OF PHYSICAL THERAPY

Respondent:        Sheila Harris

Case Number:     PTS 2018-3-L

Sanction:             License revocation and $1,000 fine                                                                                

Effective Date:     1-14-20

The Board adopted the Hearings Officer’s findings of fact, conclusions of law, and recommended order filed November 19, 2019.  As to the charge based upon HRS § 436B-19(8), the Board found and concluded that there are no genuine issues of material fact, and that Petitioner is entitled to a ruling in its favor as a matter of law and granted Petitioner’s Motion for Summary Judgment.  The Board also denied Petitioner’s Motion for Summary Judgment as to the charge based upon HRS § 436B-19(14).  That charge remains for hearing.  (Board’s Final Order after contested motion hearing.)

 

BOARD OF PHARMACY

Respondent:        Direct Success, Inc. dba Direct Success Pharmacy Dept.

Case Number:     PHA 2019-30-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the State of Texas, based on an allegation that Respondent was engaging in pharmacy operations while not under the supervision of a properly trained pharmacist-in-charge, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Agropec Trading LLC dba Allivet

Case Number:     PHA 2019-79-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the Texas State Board of Pharmacy and Michigan Board of Pharmacy, and failed to timely notify the Board within 30 days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Walgreens Mail Service LLC, aka Alliancerx Walgreens Prime, dba Alliancerx Walgreens Prime #03397

Case Number:     PHA 2019-27-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the State of Arizona, based on Respondent’s incorrect dosing instructions for morphine which resulted in morphine patient’s death, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Innoveix Pharmaceuticals Inc. dba Innoveix Pharmaceuticals

Case Number:     PHA 2019-91-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the State of Texas, based on allegations that Respondent unlawfully dispensed controlled substances and dangerous drugs pursuant to prescriptions issued by naturopathic physicians and failed to disclose application denial by the South Carolina State Board of Pharmacy on a renewal application submitted to the Texas Board of Pharmacy, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Wells Pharmacy Network, LLC (PMP No. 797)

Case Number:     PHA 2018-2-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the States of Idaho, Oklahoma, New Hampshire, Pennsylvania, California, and Missouri, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Diamond Drug, Inc. dba Diamond Pharmacy Services

Case Number:     PHA 2019-43-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the United States, based on Respondent’s alleged violation of the Controlled Substances Act, and failed to timely report the action, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Wells Pharmacy Network, LLC (PMP No. 802)

Case Number:     PHA 2019-89-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the States of California, Utah, Tennessee, Oregon, and Kentucky, and failed to timely report the California disciplinary action, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Fresenius Medical Care Pharmacy Services, Inc. dba FMC Pharmacy Services-East

Case Number:     PHA 2019-65-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

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

 

Respondent:        Walgreens.com, Inc. dba Walgreens

Case Number:     PHA 2019-26-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the State of Texas, based on Respondent failing to evaluate and identify the clinically significant reasonable directions for use, resulting in a clinically low dosage of a dispensed prescription, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Marley Drug, Inc.

Case Number:     PHA 2019-94-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the States of Maryland, Idaho, Oklahoma, Maine, Louisiana, Alabama, New Hampshire, North Carolina, Georgia, Kentucky, and New Jersey, and failed to timely report the actions from Maryland, Idaho, Oklahoma, Maine, Louisiana, and Alabama, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Goodhealth, Inc. dba Premier Pharmacy Services

Case Number:     PHA 2019-28-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

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

 

Respondent:        Strategic Pharmaceutical Solutions, Inc., dba Vetsource Home Delivery

Case Number:     PHA 2019-76-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the State of Michigan, based on allegations that Respondent failed to take appropriate measures to correct incorrect data after being notified of said errors, and failed to timely report the action, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Biologictx, LLC

Case Number:     PHA 2019-44-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

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

 

Respondent:        Direct Pharmacy Source, Inc.

Case Number:     PHA 2019-82-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     1-23-20

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

 

Respondent:        Masterpharm LLC

Case Number:     PHA 2019-46-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-23-20

RICO alleges that Respondent was disciplined by the State of Minnesota, based on allegations of unsanitary conditions and improperly compounded medication, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Henry Ford Pharmacy Advantage Southfield

Case Number:     PHA 2019-88-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     1-23-20

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

 

Respondent:        Imprimisrx NJ LLC, fka Pharmacy Creations LLC, dba Imprimisrx

Case Number:     PHA 2019-14-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-23-20

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

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        Garrick H. Tamashiro (Hawaii)

Case Number:     PDG 2019-11-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-8-20

RICO alleges that on or about January 26, 2017, Respondent was convicted of the petty misdemeanor offense of DUI by Impairment or .08 Breath.  Despite the conviction, Respondent allegedly answered “No” to the question on his May 10, 2017 renewal application for guard employee registration that asked: “In the past two years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondent:        Richard A. Baqui, II, dba Haaheo Construction

Case Number:     CLB 2019-269-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     1-17-20

RICO alleges that Respondent aided and abetted an unlicensed person to evade the requirements of HRS Chapter 444 and/or entered into a contract with an unlicensed contractor involving work requiring licensure, in possible violation of HRS §§ 444-9.3 and/or 444-17(17).  (Board approved Settlement Agreement.)

 

Respondents:      Pacific Aina Management, LLC and Christian D. Renz (Hawaii)

Case Number:     CLB 2019-175-L

Sanction:             $3,000 fine                                                                                                                       

Effective Date:     1-17-20

RICO alleges that Respondents entered into a contract for landscaping work and rock wall construction without the required C-31 or C-31(b) classification and failed to provide a written contract with the required disclosures before commencing the project, in possible violation of HRS §§ 444-25(b)(1) through (4) and 444-23(a) and HAR §§ 16-77-33(c) and 16-77-80(b).  (Board approved Settlement Agreement.)

 

HAWAII MEDICAL BOARD

Respondent:        Neil L. Pitzer, M.D.

Case Number:     MED 2019-141-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-16-20

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

 

Respondent:        Asok Ray, M.D.

Case Number:     MED 2017-148-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     1-16-20

RICO alleges that disciplinary action was taken against Respondent in the State of Florida and Respondent failed to report the action in Hawaii, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

BOARD OF MASSAGE THERAPY

Respondents:      Sutthinee Wiyanat and Pin Thai Massage, LLC

Case Number:     MAS 2019-95-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     1-29-20

On or about November 29, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent Wiyanat violated, in part, the following statute(s) and/or rule(s): HRS §§ 452-24(a)(1), (4) and (6) and HAR §16-84-11(b).  The Petition also alleges that Respondent Pin Thai Massage, LLC violated, in part, the following statute(s) and/or rule(s): HRS §§ 452-24(a)(1) and (4), 436B-19(6) and (16) and HAR §§ 16-84-15(c) and (f).  (Board approved Settlement Agreement.)

 

Respondent:        Fire Palace Inc. dba Massage Palace

Case Number:     MAS 2019-127-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     1-29-20

RICO alleges that on or about August 29, 2019, RICO investigators conducted a site inspection at Massage Palace, and observed an apprentice was providing a massage therapy service without wearing a name tag with his name and the word “apprentice.”  The said apprentice’s permit was not displayed in a conspicuous place.  RICO also alleges that during the inspection, Respondent represented that the principal massage therapist at the time of the inspection was no longer employed with Respondent, and Respondent was in the process of submitting a written notification for change of the principal massage therapist.  Respondent subsequently registered a new principal massage therapist on September 3, 2019.  And RICO alleges that Respondent failed to include the massage therapy establishment license on its advertisement, including its business card and flyer, all in possible violation of HRS §§ 452-23(b) and 452-24(a)(6) and HAR § 16-84-11(e) and 16-84-15(a), (i) and (c).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Donna Jean Bowles fka Donna Jean Reising (Hawaii)

Case Number:     REC 2019-163-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     1-24-20

RICO alleges that on or about March 10, 2005, Respondent was convicted of the petty misdemeanor offense of Driving Under the Influence of an Intoxicant.  Despite the conviction, Respondent allegedly answered “No” to the question on her 2006 real estate salesperson application form and on her 2014 real estate broker’s application form that asked: “[d]uring the past 20 years have you been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2) and (5) and 467-20.  (Commission approved Settlement Agreement.)

 

Respondents:      Realhome Services and Solutions, Inc. dba Owners.com, and Courtney M. Read

Case Number:     REC 2019-30-4-L

Sanction:             Respondent READ $2,000 fine; Respondent REALHOME $500 fine                            

Effective Date:     1-24-20

RICO alleges that during the months of April 2018, May 2018 and May 2019, neither Respondent READ nor any of Respondent REALHOME’s respective brokers-in-charge were present at Respondent REALHOME’s principal place of business in the State of Hawaii at any time.  RICO also alleges that Respondent READ failed to submit written notification to the commission regarding the aforementioned prolonged absences from REALHOME’s principal office in the State of Hawaii, and failed to designate a temporary principal broker or temporary broker-in-charge to be present at REALHOME’s principal office during Respondent READ’s absences, all in possible violation of HRS § 467-14(13) and HAR §§ 16-99-3(m) and (o).  (Commission approved Settlement Agreement.)

 

TRAVEL AGENCY PROGRAM

Respondent:        Gina T. Portillo, dba Payless Travel and Tours

Case Number:     TAR 2017-10-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-15-20

RICO alleges that Respondent failed to notify the Program that she had closed the original client trust account and opened a new client trust account, in possible violation of HRS § 468L-7.5(3).  (Director approved Settlement Agreement.)

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

 

In addition to the disciplinary actions announced above, below is revised language clarifying final sanctions regarding three cases before the Real Estate Commission. The three cases were first announced on November 13, 2019.

REAL ESTATE COMMISSION

Respondent:        Patricia Bissett (Maui)

Case Number:     REC 2017-106-L

Sanction:             $2,500 fine and complete education courses.  Although the settlement also provided for the automatic revocation of license if the Respondent failed to fully and timely comply with the terms of this Settlement Agreement, the Respondent satisfied all of the terms of the agreement and, accordingly, her license remains active and in good standing.            

Effective Date:     10-25-19

RICO alleges that Respondent altered a rental agreement without the other party’s written or verbal consent, in possible violation of HRS § 436B-19(7), (8), (9) and (17), 467-14(13) and (20) and HAR § 16-99-3(a), (b) and (u).  (Commission approved Settlement Agreement.)

 

Respondents:      Patricia Bissett and Maui Island Realty, LLC (Maui)

Case Number:     REC 2017-218-L

Sanction:             $7,500 fine.  Although the settlement also provided for the automatic revocation of license if the Respondent failed to fully and timely comply with the terms of this Settlement Agreement, the Respondent satisfied all of the terms of the agreement and, accordingly, her license remains active and in good standing.

Effective Date:     10-25-19

RICO alleges that Respondent Maui Island Realty, LLC (“MIR”) operated without a principal broker or broker in charge from November 1, 2018 until January 22, 2019.  RICO also alleges that Respondent Bissett repeatedly accessed, deposited and disbursed client funds from MIR’s client trust account between August 23, 2016 and January 22, 2019, even though she was not the principal broker of MIR, in possible violation of HRS § 436B-19(7), (8) and (17), 467-14(6), (13) and (20) and HAR § 16-99-3(a), (b) and (m).  (Commission approved Settlement Agreement.)

 

Respondent:        Richard G. Clayton (Maui)

Case Number:     REC 2019-347-L

Sanction:             $7,500 fine.  Although the settlement also provided for the automatic revocation of license if the Respondent failed to fully and timely comply with the terms of this Settlement Agreement, the Respondent satisfied all of the terms of the agreement and, accordingly, his license remains active and in good standing.

Effective Date:     10-25-19

RICO alleges that Respondent, principal broker of Maui Island Realty, LLC (“MIR”) from August 23, 2016 until October 20, 2018, knowingly and repeatedly allowed Patricia Bissett (“Bissett”) to access and disburse client funds from MIR’s client trust accounts, and Respondent did not have access to said client trust accounts between August 23, 2016 and October 20, 2018.  RICO also alleges that Respondent failed to properly manage and supervise MIR and Bissett while Respondent was MIR’s principal broker, in possible violation of HRS § 436B-19(7), (8), (9) and (17), 467-1.6(a) and (b)(1), 467-14(13) and (20) and HAR § 16-99-3(a) and (b).  (Commission approved Settlement Agreement.)

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