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RELEASE: DCCA DISCIPLINARY ACTIONS (Through September 2020)

Posted on Oct 30, 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
October 30, 2020

DCCA DISCIPLINARY ACTIONS
(Through September 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 September 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.

REAL ESTATE COMMISSION

Respondent:     Touchstone Properties, Ltd.
Case Number:   REC 2019-491-L
Sanction:          $1,000 fine
Effective Date: 9-1-20

RICO alleges that Respondent failed to deliver the statements for a checking account and a statement issued upon the maturity of a CD account within thirty days of Claimant’s request, in possible violation of HRS § 467-14(13).  (Commission approved Settlement Agreement.)

Respondent:     Jaten L. McGriff (Hawaii)
Case Number:   REC 2018-372-L
Sanction:          $500 fine
Effective Date: 9-1-20

RICO alleges that on or about January 7, 2019, Respondent was convicted of the criminal offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12).  (Commission approved Settlement Agreement.)

Respondent:     Maui Real Estate Academy, LLC dba Hawaii Real Estate Academy, LLC dba KW Island Living Real Estate School (Maui)
Case Number:   REC 2019-254-L
Sanction:          $2,000 fine
Effective Date: 9-3-20

RICO alleges that: Respondent permitted a prelicense instructor to teach classes at Respondent’s school in 2018 after the expiration of the teacher’s certification as a prelicense instructor; Respondent permitted two individuals to act as guest lecturers at Respondent’s school without obtaining approval of the Commission prior to scheduling their appearances; and Respondent advertised and promoted Respondent’s school, under the dba of Hawaii Real Estate Academy, through its website from January 1, 2019 to April 24, 2019 without an active registration approved by the Commission, in possible violation of HRS §§ 467-4 and 467-25.5 and HAR §§ 16-99-58(h), 16-99-66(a) and 16-99-68.  (Commission approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent:     Derek K. Chun
Case Number:   PTS 2020-1-L
Sanction:          $250 fine and complete continuing competence courses
Effective Date: 9-8-20

RICO’s preliminary investigation indicated that Respondent was short six required continuing competence units during the 2017-2018 licensing period, in potential violation of HRS §§ 461J-10.1 and 461J-12(a)(11).  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:     Bioscrip Infusion Services LLC
Case Number:   PHA 2019-98-L
Sanction:          $300 fine
Effective Date: 8-20-20

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:     Park Compounding, Inc.,
Case Number:   PHA 2019-106-L
Sanction:          Voluntary surrender of permit
Effective Date: 8-20-20

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

Respondent:     Ekene C. Nnah
Case Number:   PHA 2018-51-L
Sanction:          Suspension of license for 6 months and $1,500 fine
Effective Date: 8-20-20

RICO alleges that Respondent was disciplined by the State of California effective June 11, 2015.  Despite the disciplinary action, on or about December 31, 2015, Respondent submitted a license renewal application and responded “No” to the following question: “In the past two years has your license in this state or any other jurisdiction been formally disciplined by way of a fine, suspension, restriction, or revocation?”, in possible violation of HRS §§ 436B-19(13), 436B-19(15) and 461-21(a)(1).  (Board approved Settlement Agreement.)

Respondent:     Performspecialty LLC
Case Number:   PHA 2020-16-L
Sanction:          $1,000 fine
Effective Date: 8-20-20

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

Respondent:     Transition Pharmacy, LLC
Case Number:   PHA 2020-17-L
Sanction:          $1,000 fine
Effective Date: 8-20-20

RICO alleges that disciplinary actions were taken against Respondent by the States of South Carolina, Iowa, Louisiana, Colorado, California, Texas, New Hampshire, Alabama and Utah, and that Respondent failed to timely report the disciplinary actions to the Board, in possible violation of HRS §§ 436B-19(13) and 461-21(a)(4) and HAR § 16-95-110(a)(18).  (Board approved Settlement Agreement.)

Respondent:     Bond Pharmacy, Inc., dba Advanced Infusion Solutions
Case Number:   PHA 2020-40-L
Sanction:          $500 fine
Effective Date: 8-20-20

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

Respondent:     Edge Pharmacy Services, LLC
Case Number:   PHA 2019-110-L
Sanction:          $500 fine
Effective Date: 8-20-20

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

Respondent:     Puget Sound Drug Corp, dba Key Compounding Pharmacy
Case Number:   PHA 2020-10-L
Sanction:          $500 fine
Effective Date: 8-20-20

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

Respondent:     American Specialty Pharmacy, Inc. dba ASP Cares
Case Number:   PHA 2019-81-L
Sanction:          $500 fine
Effective Date: 9-17-20

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

Respondent:     Wells Pharmacy Network, LLC
Case Number:   PHA 2020-29-L
Sanction:          $2,500 fine
Effective Date: 9-17-20

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

Respondent:     Coram Alternate Site Services, Inc. dba Coram CVS/Specialty Infusion
Case Number:   PHA 2020-113-L
Sanction:          $500 fine
Effective Date: 9-17-20

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

Respondent:     Diabetic Care RX, LLC
Case Number:   PHA 2017-63-L
Sanction:          $7,000 fine
Effective Date: 9-17-20

RICO alleges that Respondent was disciplined by the States of Colorado, Kentucky, Texas, Louisiana, Maine, Alabama, Michigan and Illinois, and that disciplinary actions against Respondent based upon disciplinary actions taken in other states have been initiated in Colorado, Maine and Virginia, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     Healthcare Specialty Transaction Services, LLC
Case Number:   PHA 2019-57-L
Sanction:          Voluntary revocation of license
Effective Date: 9-17-20

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

Respondent:     LLC Patient Services, Inc.
Case Number:   PHA 2020-150-L
Sanction:          $1,000 fine
Effective Date: 9-17-20

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

Respondent:     Inverness Apothecary Trinity, LLC dba Inverness Apothecary Trinity
Case Number:   PHA 2020-67-L
Sanction:          $500 fine
Effective Date: 9-17-20

RICO alleges that disciplinary action was taken against Respondent in Texas, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:  Albert W. Stiglmeier and Honolulu Industrial Coating Company, Inc. (Kauai)
Case Number:   CLB 2019-499-L
Sanction:          $500 fine
Effective Date: 8-28-20

RICO alleges that on or about October 9, 2019, the Department of Labor and Industrial Relations notified RICO that Respondent HICC was issued a Wage and Penalty Assessment for Notifications of Violations, in possible violation of HRS § 436B-19(13).  RICO also alleges that the foregoing allegation as to Respondent AWS, if proven at an administrative hearing before the Board, would constitute a violation of HAR § 16-77-71(5).  (Board approved Settlement Agreement.)

Respondents:  J. Stephen Goodfellow and Blasting Technology, Inc. (Maui)
Case Number:   CLB 2019-497-L
Sanction:          $500 fine
Effective Date: 8-28-20

RICO alleges that on or about October 9, 2019, the Department of Labor and Industrial Relations notified RICO that Respondent BTI was issued a Wage and Penalty Assessment for Notifications of Violations, in possible violation of HRS § 436B-19(13).  RICO also alleges that the foregoing allegation as to Respondent SG, if proven at an administrative hearing before the Board, would constitute a violation of HAR § 16-77-71(5).  (Board approved Settlement Agreement.)

Respondent:     John L. Palleschi
Case Number:   CLB 2019-425-L
Sanction:          $500 fine
Effective Date: 8-28-20

RICO alleges that on or about June 26, 2014, Respondent pled guilty to the petty misdemeanor criminal charge of Failure to Appear.  RICO also alleges that on or about September 10, 2014, Respondent electronically renewed his license and answered “No” to the question: “In the past two years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS § 444-17(10).  (Board approved Settlement Agreement.)

Respondent:     Sioeli K. Mafi
Case Number:   CLB 2018-264-L
Sanction:          $2,000 fine
Effective Date: 8-28-20

RICO alleges that Respondent acted as an agent, partner, associate, or otherwise, of an unlicensed person, with the intent to evade HRS Chapter 444, in potential violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

Respondents:  David R. Fullmer and Fullmer Brother’s Construction, LLC
Case Number:   CLB 2018-283-L
Sanction:          $2,500 fine
Effective Date: 8-28-20

RICO alleges that Respondent exhibited poor workmanship in the removal and replacement of wood shakes on a residential roof, and that Respondent’s contract for the project was missing required homeowner disclosures, in possible violation of HRS § 444.25.5(b) and HAR §§ 16-77-80 and 16-77-97.  (Board approved Settlement Agreement.)

Respondent:     William J. Young, dba BJY Contracting (Hawaii)
Case Number:   CLB 2019-317-L
Sanction:          $2,500 fine
Effective Date: 8-28-20

RICO alleges that: Respondent’s construction contract with a homeowner did not contain provisions regarding lien rights or contractor bonding; at no time did Respondent verbally explain lien rights or contractor bonding; and Respondent’s trade name is not filed with the Board, in possible violation of HRS §§ 444.25.5(a)(1), 444.25.5(a)(2) and 444.25.5(b)(1) and HAR §§ 16-77-8(a), 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

Respondent:     Noel K. Machida, dba Machida Contracting (Hawaii)
Case Number:   CLB 2018-7-L and CLB 2018-201-L
Sanction:          $2,500 fine
Effective Date: 8-28-20

RICO alleges that Respondent failed to perform work in accordance with industry standards at two residences on the Island of Hawaii, and that Respondent’s contracts for the projects did not include all of the required homeowner disclosures, in possible violation of HRS § 444.25.5(a) and HAR §§ 16-77-80 and 16-77-97.  (Board approved Settlement Agreement.)

BOARD OF PSYCHOLOGY 

Respondent:     Karen A. Tyson, Psy.D.
Case Number:   PSY 2019-16-L
Sanction:          $500 fine and complete continuing education
Effective Date: 9-18-20

RICO alleges that Respondent failed to sufficiently explore the neuropsychological foundations for anti-NMDAR receptor encephalitis before rendering her diagnosis and prognosis of her minor patient, and that Respondent used incomplete information and/or failed to document a want of information in rendering her diagnosis of her minor patient, in possible violation of HRS § 465-13(a)(1).  (Board approved Settlement Agreement.) 

Respondent:     Brett Valette aka Brett Edouard Valette
Case Number:   PSY 2019-28-L
Sanction:          $500 fine
Effective Date: 9-11-20

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

BOARD OF NURSING

Respondent:     Marieliese T. Cinco Ramirez, R.N.
Case Number:   RNS 2017-23-L
Sanction:          Probation, $500 fine and complete continuing education
Effective Date: 9-3-20

RICO alleges that Respondent did not appropriately develop or update M.T.’s service plan or delegate nursing duties with regard to M.T.’s pressure ulcer, or open sore, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(6)(D).  (Board approved Settlement Agreement.)

Respondent:     Melody A. Cadiente, R.N.
Case Number:   RNS 2019-3-L
Sanction:          Probation, $1,000 fine and complete continuing education
Effective Date: 9-3-20

RICO alleges that Respondent administered medication doses in a careless or negligent manner and failed to follow her employer’s policies and procedures designed to safeguard patients, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(6)(B) and 16-89-60(6)(C).  (Board approved Settlement Agreement.)

Respondent:     Angela M. Stephens L.P.N.
Case Number:   RNS 2019-18-L
Sanction:          Probation, $500 fine and complete continuing education
Effective Date: 9-3-20

RICO alleges that Respondent inappropriately accessed the medical records of another person on several occasions, in possible violation of HRS § 457-12(a)(6).  (Board approved Settlement Agreement.)

COLLECTION AGENCY PROGRAM

Respondent:     Tek-Collect Incorporated
Case Number:   COL 2019-13-L
Sanction:          $500 fine
Effective Date: 9-22-20

RICO alleges that Respondent failed to report in writing to the Program the reprimand and fine levied by the State of Illinois, in possible violation of HRS § 436B-19(13).  (Director 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