RELEASE: DCCA DISCIPLINARY ACTIONS (Through January 2019)

Posted on Feb 11, 2019 in News Releases

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
February 11, 2019

DCCA DISCIPLINARY ACTIONS
(Through January 2019)

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 2019 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 OPTOMETRY

Respondent:        Richard J. Michelsen, O.D.

Case Number:     OPT 2016-1-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-7-19

RICO alleges that Respondent incorrectly certified that he had completed the CE requirements on his November 18, 2015 online renewal application, in possible violation of HRS § 459-9(1).  (Board approved Settlement Agreement.)

 

Respondent:        Michael A. Santarlas, O.D.

Case Number:     OPT 2014-1-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-7-19

RICO alleges that on or about December 13, 2013, Respondent completed an online renewal application for the License, that Respondent did not submit proof of compliance with the CE requirement to the Board by December 31, 2013 and that Respondent subsequently submitted documentation of CE to the Board, in possible violation of HRS § 459-9(8).  (Board approved Settlement Agreement.)

 

MEDICAL BOARD

Respondent:        John Ogai, M.D.

Case Number:     MED 2016-228-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     1-17-19

Respondent was allegedly the subject of disciplinary action in California, based on allegations of: (a) Aiding and Abetting Unlicensed Practice of Medicine; (b) Employment of Unlicensed Person; and (c) General Unprofessional Conduct, and failed to report the disciplinary action to the Board within 30 days, in potential violation of HRS §§ 453-8(a)(6), (11), (14) and (15) and 436B-19(2) and (17).  (Board approved Settlement Agreement.)

 

Respondent:        Eric J. Grigsby, M.D.

Case Number:     MED 2017-166-L

Sanction:             Reprimand and $500 costs                                                                                             

Effective Date:     1-17-19

Respondent was allegedly the subject of disciplinary action in California, based on allegations Respondent failed to adequately monitor and respond to urine drug screen results, and failed to report the disciplinary action to the Board within 30 days, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      L. Toro Construction, LLC, and Lawrence L. Toro, Jr.

Case Number:     CLB 2016-276-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     1-18-19

Respondents allegedly failed to complete a renovation project and reimburse costs, equipment, and supplies purchased or expended for the renovation project, and Respondents’ contract for the renovation project did not include the required homeowner contract disclosures, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-71(a)(1), 16-77-71(a)(5) and 16-77-80.  (Board approved Settlement Agreement.)

 

Respondents:      Gateside, Inc. and Mark M. Morishige

Case Number:     CLB 2017-383-L

Sanction:             $10,000 fine                                                                                                                     

Effective Date:     1-18-19

Respondents allegedly entered into a contract with an unlicensed person to perform work that required a license and/or aided and abetted an unlicensed person to evade the requirements of HRS Chapter 444, in possible violation of HRS §§ 444-9.3 and 444-17(17).  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        GIPSCO Investment Corp., dba Lee Silsby Compounding Pharmacy

Case Number:     PHA 2018-25-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-17-19

Respondent was allegedly the subject of disciplinary action in Texas, based on allegations Respondent made a misrepresentation on a license renewal application before the Texas State Board of Pharmacy regarding prior disciplinary action taken against Respondent, and failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Michelle W. Arnold (Hawaii)

Case Number:     RNS 2017-19-L

Sanction:             Probation 6 months, Continuing Education and $500 fine                                             

Effective Date:     1-3-19

RICO alleges that in the course of her employment, Respondent cut and pasted a physician’s signature on a recertification order for skilled home care services, in potential violation of HRS § 457-(12)(a)(6) and HAR §§ 16-89-60(6) and 16-89-60(7)(C).  (Board approved Settlement Agreement.)

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        G4S Secure Solutions (USA) Inc.

Case Number:     PDG 2018-14-L

Sanction:             $3,000 fine                                                                                                                       

Effective Date:     1-9-19

RICO alleges that Respondent was the subject of a U.S. Equal Employment Opportunity Commission complaint by one of its Hawaii employees in which the employee alleged discriminatory treatment by Respondent which if proven at administrative hearing may constitute a violation of HAR § 16-97-46(17).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Karen Ostlie, aka Karen Y. Ostlie (Hawaii)

Case Numbers:   REC 2018-232-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-18-19

Respondent was allegedly convicted in Hawaii 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:        E. D. Christensen dba Dyanne Christensen (Hawaii)

Case Numbers:   REC 2017-24-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     1-18-19

Respondent was allegedly convicted in Hawaii 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.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Kaelyn F. Coddington (Hawaii)

Case Number:     BAR 2016-2-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-28-19

On or about November 5, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes: HRS §§ 436B-19(2), 436B-19(5), 439-19(a)(1), 439-19(a)(4) and 439-19(a)(9).  (Board approved Settlement Agreement.)

 

BOARD OF MASSAGE THERAPY

Respondent:        Brian P. McCord (Hawaii)

Case Number:     MAS 2018-89-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-30-19

RICO alleges that on or about March 8, 2017, Respondent was convicted of the criminal offense of Failure to Appear.  Despite the conviction, on or about June 29, 2018, Respondent allegedly answered “No” to the question on his renewal application which asked, “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 452-24(a)(1) and 452-24(a)(9).  (Board approved Settlement Agreement.)

 

Respondent:        Colette Coletta

Case Number:     MAS 2018-74-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     1-30-19

Respondent was allegedly the subject of disciplinary action in Florida, based on allegations Respondent made misrepresentations of her criminal records on her application for certification as a massage therapist, and failed to timely report the action to the Board within 30 days, in potential violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Randall S. Waddell

Case Number:     MAS 2013-33-L

Sanction:             Probation 6 months and $1,000 fine                                                                               

Effective Date:     1-30-19

RICO received a complaint alleging that Respondent engaged in unprofessional sexual conduct with respect to a patient in 2013, in potential violation of HRS § 452-24(a)(5).  (Board approved Settlement Agreement.)

 

BOARD OF VETERINARY MEDICINE

Respondent:        Nicole M. Tsutahara

Case Number:     VET 2017-3-L

Sanction:             Continuing education and $500 fine                                                                                

Effective Date:     1-30-19

RICO alleges that on or about April 21, 2017, during the course of spaying a female Chihuahua dog, Respondent administered a higher dose of Acepromazine than had been previously calculated by Respondent, in potential violation of HRS § 471-10(b)(1).  (Board approved Settlement Agreement.)

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