NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH MARCH 2016)
Posted on Apr 14, 2016 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
April 14, 2016
DCCA DISCIPLINARY ACTIONS
(Through March 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 March 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.
HAWAII MEDICAL BOARD
Respondent: Elaine Tsukayama, M.D.
Case Number: MED 2015-3-L
Sanction: $1,000 fine
Effective Date: 3-10-16
Respondent allegedly violated HRS § 453-8(a) by engaging in conduct or practice that is contrary to recognized standards of ethics for the medical profession. On October 7, 2014, Respondent allegedly improperly administered bichloracetic acid to a patient’s abdomen and leg resulting in first degree chemical burns in the treated areas. (Board approved Settlement Agreement.)
Respondent: Luke S. Cesaretti, M.D.
Case Number: MED 2015-88-L
Sanction: Licensee reprimanded, $3,000 fine
Effective Date: 3-10-16
Respondent admittedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined in Nevada, Arizona and California and failing to report the disciplinary actions to the Board within 30 days after the disciplinary decisions were issued. The Nevada Board found, among other things, that Respondent was involved in a Medicare billing fraud case that went on for four (4) years The Arizona and California actions were based on the Nevada Board’s Order. (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondent: No Ka Oi Guard Services, LLC (Maui)
Case Number: PDG 2015-34-L
Sanction: $200 fine
Effective Date: 3-10-16
Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to submit a completed semiannual list of employees for the July 2014 to December 2014 reporting period. The list was allegedly incomplete because Respondent failed to indicate education, psychiatric and psychological information on the list. (Board approved Settlement Agreement.)
Respondent: Roberto A. Sta Maria (Maui)
Case Number: PDG 2015-34-L
Sanction: $100 fine
Effective Date: 3-10-16
Respondent, the principal guard for No Ka Oi Guard Services, LLC allegedly violated
HRS § 436B-19(17) and HAR § 16-97-15 by failing to submit a completed semiannual list of employees for the July 2014 to December 2014 reporting period. The list was allegedly incomplete because Respondent failed to indicate education, psychiatric and psychological information on the list. (Board approved Settlement Agreement.)
BOARD OF PUBLIC ACCOUNTANCY
Respondent: Mark Duane Black (Maui)
Case Number: ACC 2014-18-L
Sanction: $500 fine, complete additional hours of continuing education as necessary
Effective Date: 3-4-16
Respondent admittedly violated HRS § 436B-19(1) by failing to meet the requirements for licensure. Upon audit by the Board, Respondent was unable to obtain proof of two hours of continuing professional education hours from the professional education vendor. (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Tina L. Stinebaugh, R.N.
Case Number: RNS 2016-8-L
Sanction: $500 fine
Effective Date: 3-3-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Alaska and failing to report the disciplinary action within 30 days. The Alaska Order was based on Respondent’s failure to complete continuing education. (Board approved Settlement Agreement.)
Respondent: Leonila M. Dumaslan, R.N.
Case Number: RNS 2015-19-L
Sanction: Licensee on probation for 3 years, comply with terms of South Carolina and California Orders, $2,500 fine
Effective Date: 3-3-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in South Carolina and California and failing to report the disciplinary actions within 30 days. The South Carolina Order was based on disciplinary action by an employer in 2011 and the California Order was based on the South Carolina action. (Board approved Settlement Agreement.)
Respondent: Janet R. Constantino
Case Number: RNS 2011-31-L
Sanction: License revoked, $1,000 fine
Effective Date: 3-3-16
The Board found that Respondent violated HRS § 457-12(a)(3) by being unfit or incompetent by reason of negligence or habits and § 457-12(a)(6) by engaging in unprofessional conduct. Respondent, a nurse care manager for Harvest Care Management Agency, failed to conduct her monthly home visits of Client A and instead relied on a social worker to check on Client A’s medical condition even though the social worker was not qualified to check on Client A from a medical standpoint. As a result of Respondent’s failure to make her home visits, Client A developed Stage 4 decubitus ulcers, the caregiver’s care of Client A was not properly monitored, and Client A received inappropriate treatment. (Board’s Final Order after contested case hearing.)
BOARD OF NATUROPATHIC MEDICINE
Respondent: Ryan D. Ferchoff, N.D.
Case Number: NAT 2014-2-L
Sanction: $500 fine
Effective Date: 3-16-16
Respondent allegedly violated HRS §§ 436B-19(13) and 455-11(a)(14) by being disciplined in Arizona and failing to report the disciplinary action within 30 days of the issuance of the order. The Arizona Order was based on allegations including but not limited to misleading advertising, failure to keep adequate patient records, and failure to provide proper treatment. (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS
Respondent: Edsel R. Harrison
Case Number: ENG 2012-18-L
Sanction: $500 fine
Effective Date: 3-17-16
Respondent allegedly violated HRS § 436B-19(15) by failing to report a disciplinary action to the Board within 30 days. The Louisiana Consent Order states that Harrison Engineering, LLC, of which Respondent was a principal and employee, may have engaged in the unlicensed practice of and/or offering to practice engineering in Louisiana between 2008 and 2010. (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: T.J.J.J. Corp., dba Air Flow System and Randal Phan
Case Number: CLB 2015-367-L
Sanction: $1,000 fine
Effective Date: 3-18-16
Respondents admittedly violated HRS § 444-9.5 by utilizing an unlicensed electrician for a project under construction in Honolulu. Pursuant to HAR § 16-77-71(a)(1), Respondent Phan, as the RME of Respondent T.J.J.J. Corp. dba Air Flow System was responsible for the direct management of the business and its full compliance with the laws governing contractors. (Board approved Settlement Agreement.)
Respondent: Royal Builders, Inc.
Case Number: CLB 2015-1-L
Sanction: $5,000 fine
Effective Date: 3-18-16
Respondent allegedly violated HRS § 444-9.3 by aiding and abetting an unlicensed person. In 2012-2014, Respondent allegedly hired Liangguang Chi as a subcontractor on sites where Respondent was the general contractor in Kahala, Hawaii Kai, Wakiele and Kaneohe. Respondent hired Chi before Chi was issued a contractor’s license on November 17, 2014. (Board approved Settlement Agreement.)
Respondents: Crane Construction Company, LLC and James J. Sideris
Case Number: CLB 2015-340-L
Sanction: $20,000 fine
Effective Date: 3-18-16
Respondents allegedly failed to have its responsible managing employee (Respondent Sideris) in residence in Hawaii while a store construction project for Bulgari Corporation of America was under construction at Ala Moana Center in violation of HRS § 444-17(12) and HAR § 16-77-71(a)(4). (Board approved Settlement Agreement.)
Respondents: JE Dunn Construction Company and Trent W. Wachsnicht
Case Number: CLB 2014-366-L
Sanction: $750 fine
Effective Date: 3-18-16
Respondents admittedly violated HRS §§ 436B-19(15) and 436B-19(13) by being disciplined in South Carolina, Washington and Louisiana and failing to timely report those actions. Respondent JE Dunn was issued a citation by the South Carolina Board based on a bid submitted without the appropriate license. Respondent JE Dunn was issued a citation by the Washington State Department of Labor and Industries based on alleged unlicensed activity. The Louisiana Board took action again Respondent JE Dunn based on allegations that it bid on a job without the appropriate license. (Board approved Settlement Agreement.)
Respondent: Ashford W. Alices dba Drywall Installations Hawaii (Hawaii Island)
Case Number: CLB 2014-335-L
Sanction: Licensee on probation for 6 months, pay $250 in administrative costs, report judgments within 15 days during probation period
Effective Date: 3-18-16
Respondents admittedly violated HRS § 436B-16 by failing to provide notice of judgments entered against Respondent by material suppliers. (Board approved Settlement Agreement.)
Respondent: Builder Line, Inc.
Case Number: CLB 2011-292-L
Sanction: Voluntary revocation of license
Effective Date: 3-18-16
Respondent allgedly violated HRS § 444-17(14) by failing to pay a materials supplier for a project despite being paid for the materials, and HRS § 444-25.5, HAR §§ 16-77-79 and 16-77-80 by failing to have a written contract containing all the required homeowner disclosures prior to starting the project. (Board approved Settlement Agreement.)
Respondents: Cavalier Construction, Inc. and Gerald S. Blondeau
Case Number: CLB 2015-362-L
Sanction: $5,000 fine
Effective Date: 3-18-16
Respondents allegedly violated HRS § 436B-19(6) by entering into an agreement with an unlicensed person to perform site preparation work. (Board approved Settlement Agreement.)
Respondents: Warwick Construction, Inc. and Anthony B. Annan
Case Number: CLB 2014-359-L
Sanction: $10,000 fine
Effective Date: 3-18-16
Respondents allegedly failed to have its responsible managing employee, Respondent Annan, in residence in Hawaii while a store construction project for Harry Winston, Inc. was under construction at the Royal Hawaiian Center in violation of HRS § 444-17(12) and HAR § 16-77-71(a)(4). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Kellie A. Smith
Case Number: PHA 2016-23-L
Sanction: Licensee reprimanded, pay $100 in administrative costs
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Idaho and failing to report the disciplinary action within 30 days of the issuance of the order. The Idaho Order was based on a lapse in licensure in that state. (Board approved Settlement Agreement.)
Respondent: Michael S. Brown
Case Number: PHA 2015-137-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Oregon. The Oregon Order was based on continuing education hours. (Board approved Settlement Agreement.)
Respondent: Specialty Veterinary Pharmacy
Case Number: PHA 2015-14-L
Sanction: $3,000 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Texas, Rhode Island, Louisiana, Illinois and Arkansas. The Texas Order was based on allegations that Respondent dispensed and sold prescriptions without a valid license. The Rhode Island Order was based on allegations that Respondent dispense and sold prescriptions without a valid license. The Louisiana Order was based on allegations that Respondent dispensed and sold prescriptions without a valid license. The Illinois Order was based on disciplinary action taken by the Texas Board. The Arkansas Order was based on allegations that Respondent sent drugs without a valid license. (Board approved Settlement Agreement.)
Respondent: Specialty Compounding, LLC
Case Number: PHA 2015-109-L
Sanction: Voluntary surrender of permit
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Texas, California and South Carolina and failing to report the disciplinary actions within 30 days of the issuance of the order. The Texas Order was based on allegations related to an unpermitted pharmacy. The California Order was based on allegations relating to a recall of compounded drug products by the State of Texas which affected Respondent’s sale of compounded sterile injectable drug products in California. The South Carolina Order was based on allegations related to a recall of compounded drug products by the State of Texas which affected Respondent’s sale of compounded sterile injectable drug products in that state. (Board approved Settlement Agreement.)
Respondents: Costco Wholesale Corporation, dba Costco Pharmacy #687, Costco Pharmacy #140, Costco Pharmacy #120, Costco Pharmacy #119, Costco Pharmacy #485, Costco Wholesale #640/Costco Pharmacy #640, and Costco Pharmacy #1038
Case Number: PHA 2015-65-L, PHA 2015-67-L, PHA 2015-68-L, PHA 2015-69-L, PHA 2015-70-L, PHA 2015-71-L, PHA 2015-72-L
Sanction: $2,500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Nevada and failing to report the disciplinary action within 30 days of the issuance of the order. The Nevada Order was based on allegations regarding a prescription error. (Board approved Settlement Agreement.)
Respondent: Healthy Options, Inc.
Case Number: PHA 2016-43-L
Sanction: Licensee on probation for 2 years, comply with Oregon and Washington Orders, $1,000 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Oregon and Washington. The Oregon Order was based on allegations that Respondent combined three 30 count bottles of Torrent Pharmaceuticals Telmisartan into one bottle. The Washington Order was based on allegations that Respondent combined three 30 count bottles of Torrent Pharmaceuticals Telmisartan into one bottle. (Board approved Settlement Agreement.)
Respondent: Foothills Professional Pharmacy, Ltd.
Case Number: PHA 2016-18-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Maine and failing to report the disciplinary action within 30 days of the issuance of the order. The Maine Order was based on an alleged failure to timely notify the Board of a change in Pharmacist in Charge. (Board approved Settlement Agreement.)
Respondent: Paradigm Healthcare Solutions, LLC, dba Athena Pharmacy
Case Number: PHA 2016-21-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Texas. The Texas Order was based on a criminal conviction related to Respondent’s Vice President of Pharmacy Operations. (Board approved Settlement Agreement.)
Respondent: Zoopharm
Case Number: PHA 2016-4-L
Sanction: $3,500 fine
Effective Date: 3-31-16
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 that Respondent failed to report March 28, 2011 and January 14, 2014 disciplinary actions by the State of Colorado. (Board approved Settlement Agreement.)
Respondent: DGN Pharmacy, Inc., dba Digino’s Apothecary
Case Number: PHA 2016-3-L
Sanction: $200 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in New Jersey and failing to report the disciplinary action within 30 days of the issuance of the order. The New Jersey Order was based on an alleged acceptance of an unsigned prescription. (Board approved Settlement Agreement.)
Respondent: Summit Pharmacy, Inc.
Case Number: PHA 2015-38-L
Sanction: $1,500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Alabama and failing to report the disciplinary action within 30 days of the issuance of the order. The Alabama Order was based on an allegation that Respondent failed to timely file controlled substance report(s). (Board approved Settlement Agreement.)
Respondent: Linden Care, LLC
Case Number: PHA 2016-24-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Oregon and failing to report the disciplinary action within 30 days of the issuance of the order. The Oregon Order was based on allegations that Respondent failed to continuously staff a Pharmacist-in-Charge. (Board approved Settlement Agreement.)
Respondent: Aetna Rx Home Delivery, LLC
Case Number: PHA 2015-128-L
Sanction: $3,000 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Alabama and Oklahoma. The Oklahoma Order was based on prescription monitoring inaccuracies by a subcontractor. The Alabama Order was based on disciplinary action taken by the Oklahoma Board. (Board approved Settlement Agreement.)
Respondent: Martinsville Family Pharmacy
Case Number: PHA 2015-135-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Virginia and failing to report the disciplinary action within 30 days of the issuance of the order. The Virginia Order was based on a Deficiency Notice and Consent Order entered by the Virginia Board on September 1, 2015. (Board approved Settlement Agreement.)
Respondent: Apria Healthcare LLC, dba Star Medical Rx
Case Number: PHA 2016-1-L
Sanction: $750 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Maine and failing to report the disciplinary action within 30 days of the issuance of the order. The Maine Order was based on Respondent’s alleged failure to report a change in pharmacists in charge. (Board approved Settlement Agreement.)
Respondent: Anazaohealth Corporation
Case Number: PHA 2016-10-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Nevada. The Nevada Order was based on allegations that Respondent allowed an unlicensed intern pharmacist to work in its facility in Las Vegas, Nevada. (Board approved Settlement Agreement.)
Respondent: KRS Global Biotechnology, Inc.
Case Number: PHA 2015-19-L
Sanction: $1,500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Missouri. The Missouri Order was based on allegations that compounded drugs were shipped without valid patient prescriptions. (Board approved Settlement Agreement.)
Respondent: Professional Partners, Inc., dba Westcliff Compounding Pharmacy
Case Number: PHA 2015-40-L
Sanction: $1,000 fine
Effective Date: 3-31-16
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 an allegation that Respondent distributed prescription drugs in Colorado without prescription orders. (Board approved Settlement Agreement.)
Respondent: Caremarkpcs Pennsylvania Mail Pharmacy, LLC
Case Number: PHA 2013-16-L
Sanction: $1,500 fine
Effective Date: 3-31-16
Respondent admittedly violated HRS § 436B-19(13) by being disciplined in Maine, Utah, South Carolina and Pennsylvania. The Maine Order was based on an allegation that prior to its application for licensure being granted by the Maine Board, Respondent shipped prescriptions to patients in Maine. The Utah Order was based on an allegation that Respondent prescribed Schedule II controlled substances to Utah residents that were in excess of a 30 day supply as directed on the daily dosage rate of the prescription issued by the prescribing practitioner. The South Carolina Order was based on an admission that Respondent shipped one prescription to a patient without authorization from a practitioner or shipped one prescription prior to a standard DUR by a pharmacist from February 25, 2010 to March 2, 2010. The Pennsylvania Order was based on allegations that Respondent inadvertently dispensed maintenance medications and dispensed some prescriptions prior to standard drug utilization review. (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondent: Pacific Power Products Company, dba Pacific Power Products Washington
Case Number: ARP 2012-16-L
Sanction: $500 fine
Effective Date: 3-31-16
Respondent allegedly violated HRS § 437B-15(a) and HAR § 16-87-22 by failing to provide a written estimate or obtain written consent or a written waiver of the estimate prior to commencing repair work on a truck. (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Mark Gaughan, dba Aloha Realty
Case Number: REC 2015-58 -L
Sanction: $500 fine
Effective Date: 3-24-16
Respondent allegedly failed to adhere to a law in a manner that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions or duties of a real estate licensee in violation of HRS § 436B-19(14). In 2014, Respondent was allegedly convicted of the crime of driving under the influence of an intoxicant in Nevada. (Commission approved Settlement Agreement.)
Respondent: Reid Ito
Case Number: REC 2014-294-L
Sanction: $500 fine
Effective Date: 3-24-16
Respondent, as the principal broker, allegedly violated HRS § 467-1.6(b)(7) by failing to ensure that all associated real estate licensees had current and active licenses. For a period in 2013-2014, a real estate salesperson affiliated with the brokerage firm engaged in real estate activity without a current license. (Commission approved Settlement Agreement.)
Respondent: Robert R. Cowan, dba Bob Cowan
Case Number: REC 2014-415-L
Sanction: $500 fine
Effective Date: 3-24-16
Respondent allegedly failed to adhere to a law in a manner that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions or duties of a real estate licensee in violation of HRS § 436B-19(14). In 2013, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant. (Commission 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: [email protected]
Phone: (808) 586-7582