RELEASE: DCCA Disciplinary Actions (Through June 2016)

Posted on Jul 11, 2016 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 11, 2016

DCCA DISCIPLINARY ACTIONS

(Through June 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 June 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 PSYCHOLOGY

Respondent:        Erin C. Gustin (Hawaii Island)

Case Number:      PSY 2016-4-L

Sanction:              Licensee on probation for one year, $100 fine, report to the Board, in writing, any out of state disciplinary actions within 15 days                      

Effective Date:     6-17-16

Respondent allegedly violated HRS § 465-13(a)(1) by engaging in professional misconduct and HRS § 436B-19(15) by failing to report a Minnesota Consent Order within 30 days of the issuance of the disciplinary order.  The Minnesota Consent Order alleged that Respondent accessed treatment records of an individual who had previously received treatment at a chemical dependency facility where Respondent worked as a mental health practitioner.  Respondent was allegedly engaged in a personal, intimate relationship and did not have permission or a business purpose to access the records. (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Tiana S. Dowty, R.N.

Case Number:      RNS 2016-13-L

Sanction:              $1,000 fine, comply with terms of Utah and California orders                  

Effective Date:     6-2-16

Respondent allegedly violated HRS § 457-12(a)(8) by being disciplined in California and Utah for reasons as provided by HRS Chapter 457 and HRS § 436B-19(15) by failing to report the disciplinary actions within thirty days after the disciplinary decisions were issued.  The California Order was based on a November 26, 2012 driving related conviction in Utah that was based on a June 15, 2012 incident that took place in Midvale, Utah.  The Utah Order was based on the California Order. (Board approved Settlement Agreement.)

 

BOARD OF NATUROPATHIC MEDICINE

Respondent:        Jacqueline Hahn, N.D. (Hawaii Island)

Case Number:      NAT 2016-1-L

Sanction:              $500 fine                                                                                                   

Effective Date:     6-15-16

Respondent allegedly violated HRS §§ 436B-19(2) and 455-11(a)(10) by incorrectly answering that she had not been convicted of a crime on her November 13, 2015 renewal application. On March 4, 2015, Respondent was convicted of one count of failure to appear in court. (Board approved Settlement Agreement.)

 

HAWAII MEDICAL BOARD

Respondent:        David S. Kirby, M.D.

Case Number:      MED 2016-75-L

Sanction:              Licensee on probation, comply with certain terms and conditions, pay $500 in administrative costs,                 Effective Date:     6-9-16

Respondent allegedly violated HRS § 453-8(a)(4) by being habituated to the excessive use of drugs or alcohol.  Respondent is currently being monitored by the Florida Professional Resource Network. (Board approved Settlement Agreement.)

 

Respondent:        Douglas W. Woolard, M.D.

Case Number:      MED 2014-8-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     6-9-16

Respondent allegedly violated HRS § 453-8(a)(11) by being disciplined in Michigan, Virginia, Kentucky and Illinois.  Respondent also allegedly violated HRS § 453-8(a)(14) by failing to report the Michigan and Virginia disciplinary actions to the Hawaii Board within 30 days after the disciplinary decisions were issued. The Michigan Order is based on Respondent’s alleged failure to report to Michigan a Nebraska Assurance of Compliance.  The Virginia Order is based on the Michigan Order.  In the Kentucky Order, Respondent entered into an Agreed Order of Retirement under which Respondent agreed to refrain from:  1) the practice of medicine, and 2) filing an application to reregister his Kentucky medical license unless approved to do so by the Kentucky Board.  The Illinois Order is based on the Nebraska Assurance, and the Michigan and Virginia Orders.  (Board approved Settlement Agreement.)

 

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        Ody B. Duldulao (Hawaii Island)

Case Number:      ENP 2015-21-L

Sanction:              $1,000 fine, provide proof to the Board verifying that Respondent complied with all of the terms and conditions set out by the Court           

Effective Date:     6-14-16

Respondent allegedly violated HRS § 448E-10(a)(1) by obtaining a license by misrepresentation.  Respondent answered “no” to a question on his March 23, 2011 initial application for licensure which asked whether he had ever been convicted of a crime in which the conviction has not been annulled or expunged when he had been convicted of Failure to Appear on December 2, 2003, Operating a Vehicle Under the Influence of an Intoxicant on May 30, 2006, Contempt of Court on September 6, 2006, and Abuse of Family or Household Member on November 15, 2006.  (Board approved Settlement Agreement.)

 

Respondent:        Ryan A. Thompson (Hawaii Island)

Case Number:      ENP 2015-14-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     6-14-16

Respondent allegedly violated HRS § 448E-10(a)(1) by obtaining a license by misrepresentation.  Respondent answered “no” to a question on his September 4, 2014 renewal application for licensure which asked whether, in the past 3 years, he had ever been convicted of a crime in which the conviction has not been annulled or expunged when he had been convicted of Harassment and Disorderly Conduct on March 19, 2012. (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Valerie M. Cap (Hawaii Island)

Case Number:      BAR 2016-25-L

Sanction:              $500 fine                                                                                                   

Effective Date:     6-20-16

Respondent admittedly violated HRS § 439-19(a)(9) by making a false statement on a document required to be filed by HRS Chapter 439.  On February 11, 2014, Respondent was convicted of operating a vehicle under the influence of an intoxicant, but failed to disclose her conviction on her December 24, 2015 renewal application.  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      Dumore Construction & Remodeling, LLC and Steven R. Lequire

Case Number:      CLB 2014-24-L

Sanction:              Pay $5,000 in restitution                                                                           

Effective Date:     6-24-16

Respondents allegedly had an unlicensed person running their business in violation of HRS § 444-17(9), entered into a contract with an unlicensed contractor in violation of HRS § 444-17(17), and failed to execute a written contract with the homeowner in violation of HRS § 444-25.5 and HAR § 16-77-80.  Respondent Lequire, as the RME, for Respondent Dumore, was responsible for the acts and omissions of Respondent Dumore pursuant to HAR §§ 16-77-71 and 16-77-75.  It was alleged that Respondent Dumore was the general contractor listed on the building permit for a homeowner renovation project but Respondents allegedly contracted with The Stone Factory, LLC to perform the work at the Project.  It was also alleged that Respondents knew or should have known that Stone Factory was not a licensed contractor. (Board approved Settlement Agreement.)

 

Respondents:      Marc Haine and Marc Haine, Inc., dba The Floor Store

Case Number:      CLB 2012-271-L

Sanction:              $4,000 fine                                                                                                

Effective Date:     6-24-16

Respondents allegedly violated HRS § 444-9.3 by aiding and abetting an unlicensed contractor.  Respondents allegedly aided and abetted an unlicensed contractor to engage in flooring installation activity when Respondent Haine falsely represented that he and The Floor Store were the contractors of the flooring installation project.  The entire flooring project was completed by an unlicensed contractor who was not affiliated with either Respondent. (Board approved Settlement Agreement.)

 

Respondent:        Randall V. Sirois , dba RVS Construction, LLC (Maui)

Case Number:      CLB 2013-274-L, CLB 2013-475-L and CLB 2014-104-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     6-24-16

Respondent, licensed as a “B” general contractor, allegedly violated HRS § 436B-19(17) and HAR § 16-77-33(a) by acting as a specialty contractor in a specialty classification in which he did not hold a license. In 2013, Respondent allegedly performed the installation of an awning at Ke Alii Ocean Villas in Kihei, Hawaii and at the Aston Kaanapali Shores in Lahaina, Hawaii. (Board approved Settlement Agreement.)

 

Respondents:      Hurst & Seibert, Inc. and Lynn S. Hurst

Case Number:      CLB 2015-341-L

Sanction:              $12,000 fine                                                                                              

Effective Date:     6-24-16

Respondents allegedly violated HRS § 444-17(12) and HAR § 16-77-71(a)(4) by allegedly failing to have a RME (Respondent Hurst) in residence while a project was under construction at the Ala Moana Center in Honolulu.  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Chad T. Fujiwara

Case Number:      REC 2014-104-L

Sanction:              License revoked, $1,000 fine                                                                    

Effective Date:     6-24-16

The Commission found that Respondent violated HRS § 467-14(8) by engaging in conduct constituting fraudulent and dishonest dealings and 467-14(20) by failing to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing.  Respondent pleaded guilty and was convicted of internet gambling and tax evasion in the United States District Court, District of Hawaii in Cr. No. 13-00826 SOM. (Commission’s Final Order after contested case hearing.)

 

Respondent:        Goh Yanagida

Case Number:      REC 2016-35-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     6-24-16

Respondent admittedly violated HRS § 436B-19(1) by failing to maintain license requirements.  Respondent engaged in real estate activity while his license was not current.  (Commission approved Settlement Agreement.)

 

BOARD OF PHARMACY

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

Case Number:      PHA 2016-22-L

Sanction:              Pay $500 in administrative costs                                                              

Effective Date:     6-23-16

Respondent allegedly violated HRS § 436B-19(13 ) by being disciplined in Maine.  The Maine Consent Agreement was based on an alleged failure to timely notify of a change in pharmacist in charge. (Board approved Settlement Agreement.)

 

Respondent:        Palm Beach Pharmaceuticals, Inc.

Case Number:      PHA 2016-57-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     6-23-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Florida and failing to report the disciplinary action within 30 days of the issuance of the order.  The Florida Order was based on allegations that Respondent engaged in the practice of sterile compounding without a required compounding agreement. (Board approved Settlement Agreement.)

 

Respondent:        Transcript Pharmacy, Inc.

Case Number:      PHA 2016-39-L

Sanction:              $500 fine                                                                                                   

Effective Date:     6-23-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Alabama. The Alabama Order was based on allegations that Respondent sold, compounded or dispensed drugs without a permit in that state. (Board approved Settlement Agreement.)

 

Respondent:        Civic Center Pharmacy

Case Number:      PHA 2015-136-L

Sanction:              $5,000 fine                                                                                                

Effective Date:     6-23-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in South Carolina, Colorado, Michigan and Kansas.  The South Carolina Agreement was based on disciplinary action taken by North Carolina.  The Colorado Orders were based on failures to comply with the Colorado Electronic Prescription Drug Monitoring Program.  The Michigan Order was based on an alleged violation of the Michigan Health Code (specifically, that action was imposed by another state).  The Kansas Order was based on disciplinary actions taken in other states. (Board approved Settlement Agreement.)

 

Respondent:        LMC Medical Supplies, Inc., dba LMC Pharmacy

Case Number:      PHA 2016-47-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     6-23-16

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Louisiana.  The Louisiana Order was based on allegations that Respondent dispensed 139 prescriptions without a non-resident permit. (Board approved Settlement Agreement.)

 

Respondent:        Airgas USA, LLC

Case Number:      PHA 2016-48-L, PHA 2016-49-L, PHA 2016-50-L, PHA 2016-51-L, PHA 2016-52-L. PHA 2016-53-L, PHA 2016-54-L, PHA 2016-55-L

Sanction:              $1,500 fine                                                                                                

Effective Date:     6-23-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Louisiana and failing to report the disciplinary action within 30 days of the issuance of the order.  The Louisiana Order was based on allegations related to storage of medical gases. (Board approved Settlement Agreement.)

 

Respondent:        Royal Palm Compounding Pharmacy, LLC

Case Number:      PHA 2015-89-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     6-23-16

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

 

BOARD OF PRIVATE DETECTIVE AND GUARDS

Respondents:      C R Dispatch Service, Inc. and Walter J. Rego

Case Number:      PDG 2015-80-L

Sanction:              $3,500 fine                                                                                                

Effective Date:     6-29-16

Respondents allegedly violated HRS § 436B-19(6) by failing to ensure that guards employed by Respondent C R Dispatch Service, Inc. were properly licensed.  (Board approved Settlement Agreement.)

 

Respondent:        Contemporary Services Corporation

Case Number:      PDG 2016-1-L

Sanction:              $200 fine                                                                                                   

Effective Date:     6-29-16

Respondent allegedly violated HRS §§  436B-19(13) and 436B-19(15) by being disciplined in California and North Carolina and failing to report the disciplinary actions within 30 days of the issuance of the orders.  The California citation alleged that Respondent posted a security guard who was not registered.  The North Carolina Consent Agreement alleged that Respondent opened and operated a branch office without being properly registered.  (Board approved Settlement Agreement.)

Respondent:        John W. Pape

Case Number:      PDG 2016-1-L

Sanction:              $100 fine                                                                                                   

Effective Date:     6-29-16

As the principal guard for Contemporary Services Corporation, Respondent allegedly violated HRS § 436B-19(15) by failing to report disciplinary actions in California and North Carolina within 30 days of the issuance of the orders.  The California citation alleged that Contemporary Services Corporation posted a security guard who was not registered.  The North Carolina Consent Agreement alleged that Contemporary Services Corporation opened and operated a branch office without being properly registered.  (Board approved Settlement Agreement.)

 

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

 
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