RELEASE: DCCA Disciplinary Actions (Through July 2017)

Posted on Jul 21, 2017 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
July 21, 2017

DCCA DISCIPLINARY ACTIONS

(Through June 2017)

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 June 2017 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:        Sheryl A. Haggerty, M.D.

Case Number:     MED 2016-250-L

Sanction:             $4,000 fine and compliance with terms of probation                               

Effective Date:     6-8-17

Respondent was allegedly the subject of disciplinary action in California for prescribing herself controlled substances, and failed to report the disciplinary action to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

Respondent:        Donald J. Boss, M.D. aka Donald J. Boss Madsen

Case Number:     MED 2016-243-L

Sanction:             Reprimand and pay $250 administrative costs                                       

Effective Date:     6-8-17

Respondent was allegedly the subject of disciplinary action in California for drunk driving, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

 

Respondent:        Timothy D. Beckett, M.D.

Case Number:     MED 2017-16-L

Sanction:             Reprimand and pay $2,500 fine                                                               

Effective Date:     6-8-17

Respondent allegedly was the subject of disciplinary actions in Nevada and California for domestic violence and failed to timely report the disciplinary actions to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Auto X-Change, Inc.

Case Number:     MVI 2016-28-L

Sanction:             $2,500 fine                                                                                               

Effective Date:     6-2-17

Respondent allegedly violated HRS §§ 437-2(b), 437-4(d), 437-24(a), 437-25(a), 437-26(a), 437-28(a)(2), and 436B-19(7).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Myrna Kahealani Resep

Case Number:     RNS 2016-64-L

Sanction:             $500 fine                                                                                                   

Effective Date:     6-1-17

Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant and falsely answered “No” to a question in her license application asking whether in the past twenty years, she was ever convicted of a crime for which the conviction has not been annulled or expunged, in violation of HRS §§ 436B-19(2) and 457-12(a)(11).  (Board approved Settlement Agreement.)

 

Respondent:        Carolyn Cummings, R.N. fka Carolyn Gallardo

Case Number:     RNS 2016-45-L

Sanction:             Voluntary Surrender of License                                                               

Effective Date:     6-1-17

Respondent submitted an application to the Board allegedly containing a material misstatement of fact, was disciplined in Arizona, and failed to report the resulting disciplinary action to the Board within thirty days, in possible violation of HRS §§ 457-12(a)(11), 457-12(a)(8), and 457-12(a)(10).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      Fediuk Homes, Inc., dba Island Paradise Homes and David S. Fediuk

Case Number:     CLB 2016-444-L

Sanction:              $100 fine

Effective Date:     6-16-17

Respondent Fediuk Homes received a citation by the Hawaii Occupational Safety and Health Division based on allegations that Fediuk Homes, among other things, failed to ensure subcontractors utilized conventional fall prevention while installing roof sheathing, in possible violation of HRS §§ 444-17(6).  (Board approved Settlement Agreement.)

 

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        CLIFTONLARSONALLEN, LLP

Case Number:     ACC 2017-4-L

Sanction:             Reprimand and pay $150 administrative costs                                       

Effective Date:     6-30-17

Respondent was disciplined in Colorado for sending a collection letter that incorrectly stated a lien had been recorded, in possible violation of the laws relating to the practice of accounting.  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        Revival Animal Health

Case Number:     PHA 2017-36-L

Sanction:             $250 administrative costs                                                                        

Effective Date:     6-15-17

Respondent was disciplined in Maine based on allegations that Respondent failed to timely file a Change of Pharmacist in Charge application, in possible violation of HRS §§ 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Enclara Pharmacia, Inc. fka ExcelleRx, Inc.

Case Number:     PHA 2014-1-L

Sanction:             $5,000 fine                                                                                               

Effective Date:     6-15-17

Respondent was disciplined in a number of other states based on a settlement agreement it entered into with the Drug Enforcement Administration alleging that Respondent had dispensed controlled substances to hospice patients prior to obtaining a physician’s signature, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Diamond Drug, Inc. dba Diamond Pharmacy Services

Case Number:     PHA 2017-21-L

Sanction:             $500 fine and compliance with Oklahoma Order                                    

Effective Date:     6-15-17

Respondent was disciplined in Oklahoma based on allegations that Respondent failed to have a pharmacy manager, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Palm Beach Pharmaceuticals, Inc.

Case Number:     PHA 2017-11-L

Sanction:             $150 administrative costs                                                                        

Effective Date:     6-15-17

Respondent was disciplined in Iowa based on allegations that Respondent failed to submit an application for a change in pharmacist in charge and out-of-state discipline, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Owens & Minor Distribution, Inc.

Case Number:     PHA 2017-13-L

Sanction:             $250 administrative costs                                                                        

Effective Date:     6-15-17

Respondent was disciplined in Colorado based on allegations that Respondent failed to timely submit an application for a change in pharmacist manager, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Gregory Kavadias

Case Number:     PHA 2014-25-L

Sanction:             $500 fine                                                                                                   

Effective Date:     6-15-17

Respondent allegedly failed to provide the Board with documentation verifying compliance with the continuing education requirement within sixty days of notification, in possible violation of HRS §§ 461-8(g) and 461-21(a)(4).  (Board approved Settlement Agreement.)

 

Respondent:        Soleo Health

Case Number:     PHA 2017-15-L

Sanction:             $3,500 fine

Effective Date:     6-15-17

Respondent was disciplined in Idaho for allegedly engaging in unlicensed activity, in Colorado for allegedly failing to comply with Colorado’s Prescription Drug Monitoring Program, and in Alabama based on the Idaho and Colorado actions, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Wells Pharmacy Network, LLC

Case Number:     PHA 2016-30-L

Sanction:             $10,000 fine                                                                                             

Effective Date:     6-15-17

Respondent was disciplined in Maine based on allegations that Respondent failed to timely notify of changes to the required pharmacist in charge, and in Florida and Arizona based on allegations that the Food and Drug Administration had observed potential violations during an inspection in Respondent’s Florida facility, in possible violation of HRS §§ 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        OptumRx, Inc. dba OptumRx

Case Number:     PHA 2017-12-L

Sanction:             $1,000 fine and compliance with California Order                                  

Effective Date:     6-15-17

Respondent was disciplined in California for allegedly obstructing patients from obtaining their prescriptions drugs, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Civic Center Pharmacy

Case Number:     PHA 2017-16-L

Sanction:             $750 fine                                                                                                   

Effective Date:     6-15-17

Respondent was disciplined in New Mexico based on allegations that Respondent shipped non patient specific compounded preparations into New Mexico, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Promesa Health, Inc.

Case Number:     PHA 2017-40-L

Sanction:             $250 administrative costs                                                                        

Effective Date:     6-15-17

Respondent was disciplined in Maine based on allegations that Respondent failed to file a Change of Pharmacist in Charge application, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

BOARD OF MASSAGE THERAPY

Respondent:        Pilialoha U.K.M.A. Teves (Maui)

Case Number:     MAS 2014-28-L

Sanction:             $1,500 fine and compliance with supervised release                              

Effective Date:     6-28-17

Respondent was allegedly convicted in Federal District Court of mail fraud, conspiracy to create and utter fictitious obligations and conspiracy to commit mail fraud, and failed to provide written notice to the Board of a change of address while she was incarcerated, in possible violation of HRS §§ 452-24(a)(8), 436B-19(8), 436B-17, and 436B-19(17).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondents:      David G. Gravelle dba Gravelle Group

Case Number:     REC 2016-53-L

Sanction:             License revoked                                                                                       

Effective Date:     6-30-17

Respondent was disciplined in California but allegedly failed to disclose the disciplinary action to the Commission in a timely manner and falsely answered “No” to the question in his 2010 license renewal application that asked about prior discipline in Hawaii or any other jurisdiction, in possible violation of HRS §§ 467-20, 436B-19(2), 436B-19(5), 436B-19(15), and 436B-19(17).  (Commission approved Settlement Agreement.)

 

Respondent:        Elena P. Walker (Maui)

Case Number:     REC 2014-134-L

Sanction:             $1,000 fine                                                                                               

Effective Date:     6-30-17

Respondent allegedly had money judgments entered against her in Hawaii by private parties and involuntary liens filed against her by Maui County, the State of Hawaii and the Internal Revenue Service, some of which remain outstanding, in possible violation of HRS §§ 467-14(20) and 467-14(13).  (Commission approved Settlement Agreement.)

 

Respondent:        Elena P. Walker (Maui)

Case Number:     REC 2017-89-L

Sanction:             $500 fine                                                                                                   

Effective Date:     6-30-17

Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant, in possible violation of HRS §§ 436B-19(12), 436B-19(14), and 436B-19(17).  (Commission approved Settlement Agreement.)

 

Respondent:        Rebekah D. Wright

Case Number:     REC 2016-77-L

Sanction:             $500 fine                                                                                                   

Effective Date:     6-30-17

Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant, in possible violation of HRS §§ 436B-19(12) 436B-19(14), and 436B-19(17).  (Commission approved Settlement Agreement.)

 

Respondent:        Janet C. Howell aka/dba Fantasy Island Hawaii Vacation Rentals

Case Number:     REC 2006-198-L

Sanction:             License revoked and pay $25,000 fine and $583.11 costs                     

Effective Date:     6-30-17

The Board found that Respondent aided and abetted an unlicensed person, engaged in professional misconduct, and employed or utilized a person not licensed under the licensing laws where licensure was required, in violation of HRS §§ 467-1, 467-14(6), 467-14(8), 467-14(13), 436B-19(6), 436B-19(7), and 436B-19(16), along with HAR §§ 16-99-3(b), 16-99-4(a), 16-99-4(d), 16-99-4(g), and 16-99-4(i).  (Commission’s Final Order after contested case hearing.)

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

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Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: Wnhieu@dcca.hawaii.gov
Office: (808) 586-7582
Cell: (808) 389-2788