Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA

 Office of Administrative Hearings

 JOSH GREEN, M.D.
GOVERNOR | KIAʻĀINA

NADINE Y. ANDO
DIRECTOR
KA LUNA | HOʻOKELE

 

FOR IMMEDIATE RELEASE
January 29, 2024

DCCA DISCIPLINARY ACTIONS
(Through December 2023)

HONOLULU – The State Department of Commerce and Consumer Affairs (DCCA) and its respective State Boards and Commissions released a summary of disciplinary actions through the month of December 2023, taken on individuals and entities with professional and vocational licenses in Hawai‘i. 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.

MEDICAL BOARD

Respondent:        William McKenzie
Case Number:     MED 2021-34-L
Sanction:             $750 fine
Effective Date:     12-14-23

RICO alleges that Respondent submitted a license renewal application in November 2019, that Respondent is not skilled with technology, and that Respondent inadvertently failed to disclose a medical malpractice claim that had been filed against Respondent in the prior two years, in potential violation of HRS § 453-8(a)(6). (Board approved Settlement Agreement.)

Respondent:        Ryan D. McCracken
Case Number:     MED 2017-47-L
Sanction:             Reprimand and $500 fine
Effective Date:     12-14-23

On February 9, 2023, Respondent and RICO appeared before the Board and presented oral argument regarding a Recommended Order issued December 13, 2022, after a contested case hearing.  The Board issued its Proposed Final Order on September 29, 2023, finding that Respondent violated HRS §§ 453-8(a)(6) and (15); 436B-19(2) and (5).  On December 14, 2023, the Board voted to adopt its Proposed Final Order as the Board’s Final Order. (Board’s Final Order after contested case hearing.)

Respondent:        Jeffrey D. Lovin
Case Number:     MED 2017-47-L
Sanction:             License revocation
Effective Date:     12-11-23

On December 13, 2018, the Board approved a Settlement Agreement and Board’s Final Order executed by RICO and Respondent. On April 18, 2022, the Board received an affidavit from RICO indicating that Respondent failed to comply with the terms of the Board’s Final Order, and on October 12, 2023, the Board voted to issue a new order for noncompliance with the previous Board’s Final Order. (Board’s Final Order.)

BOARD OF VETERINARY MEDICINE

Respondent:        Maya M. Bewig (Hawai‘i)
Case Number:     VET 2023-11-L
Sanction:             $300 fine, possible additional Continuing Education (CE) hours
Effective Date:     12-8-23

RICO alleges that Respondent submitted a restoration application on July 6, 2022, and that Respondent did not satisfy any of the required 20 CE credit hours that were to be completed during the July 1, 2020 – June 30, 2022 biennial licensing period, in potential violation of HRS §§ 471-9(c)(2) and 471-10(b)(2). (Board approved Settlement Agreement.)

Respondent:        Mary E.  Hudson
Case Number:     VET 2023-14-L
Sanction:             $500 fine
Effective Date:     12-8-23

RICO alleges that Respondent was disciplined by the State of Kentucky and failed to timely notify the Board of the disciplinary action, in potential violation of HRS §§ 471-10(b)(8) and 471-10(b)(11). (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:       Archway Apothecary LLC
Case Number:     PHA 2023-1-L
Sanction:             Voluntary surrender of permit, $4,000 payment
Effective Date:    12-21-23

RICO alleges that Respondent was disciplined by the States of California, Louisiana, Alabama, Pennsylvania, Maryland, Virginia, Texas, and Oregon, that Respondent agreed the State of California could establish a factual basis for charges made, including improper sterile compounding, and that Respondent answered “No” to the question “Has the applicant or any personnel of the applicant been found in violation of any state or federal drug laws including the illegal use of drugs or improper distribution of drugs” though Respondent’s registered pharmacist was previously disciplined by the State of Louisiana, in potential violation of HRS §§ 436B-19(5), 436B-19(13), 461-21(a)(1), 461-21(a)(2), and 461-21(a)(5). (Board approved Settlement Agreement.)

Respondent:       Wells Pharmacy Network, LLC
Case Number:     PHA 2023-41-L
Sanction:             $1,000 fine
Effective Date:    12-21-23

RICO alleges that Respondent was disciplined by the State of Ohio based on allegations that Respondent violated Ohio’s pharmacy laws, in potential violation of HRS §§ 436B-19(13) and 461-21(a)(5).(Board approved Settlement Agreement.)

Respondent:       Airgas USA, LLC
Case Number:     PHA 2023-0026-L + 7 cases
Sanction:             $6,000 fine
Effective Date:    12-21-23

RICO alleges that Respondent was disciplined by the State of Alaska with three separate orders and failed to timely report the disciplinary actions to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

Respondent:       Medline Industries, L.P.
Case Number:     PHA 2023-9-L
Sanction:             $2,250 fine
Effective Date:    12-21-23

Respondent was disciplined by the State of Florida regarding alleged sales of prescription drugs to an unauthorized recipient, failure to maintain records, and failure to provide required documentation to customers.  Respondent was disciplined in the State of Ohio regarding illegal sales of dangerous drugs to an unlicensed entity.  RICO alleges the Florida and Ohio disciplinary matters constitute potential violations of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent:       Bet Pharm, LLC
Case Number:     PHA 2023-48-L
Sanction:             $2,000 fine
Effective Date:    12-21-23

Respondent was disciplined by the State of California based on allegations that Respondent dispensed products containing the words “BioRelease” and “LA” and that Respondent did not have any documentation for FDA approval for BioRelease drug delivery system or clinical studies to support the “LA” claim, in potential violation of HRS §§ 436B-19(13) and 461-21(a)(5). (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Lithia of Honolulu-F, LLC, dba Honolulu Ford
Case Number:     MVI 2020-70-L
Sanction:             $1,000 fine
Effective Date:     12-18-23

RICO alleges that Respondent failed to accurately list the odometer reading of a motor vehicle sold to a consumer on its sales documents, in potential violation of HRS § 437-28(a)(3). (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 protected]
Office: 808-586-7582