RELEASE: DCCA Disciplinary Actions (Through April 2016)
Posted on May 17, 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
May 17, 2016
DCCA DISCIPLINARY ACTIONS
(Through April 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 April 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: Richard D. Rossin, M.D.
Case Number: MED 2015-92-L
Sanction: $500 fine
Effective Date: 4-14-16
Respondent allegedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined in Illinois and failing to report the disciplinary action to the Board within 30 days after the disciplinary decision was issued. The Illinois Board’s Order was based on prior action taken by the states of Texas and Tennessee based on the surrender of Respondent’s Radiologic X-ray Supervisor and Operator License in California. (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Jeanne A. Obert (Kauai)
Case Number: RNS 2010-21-L
Sanction: Surrender of RN, APRN, and prescriptive authority licenses; $500 fine
Effective Date: 4-7-16
Respondent allegedly violated HRS § 457-12(a)(6) by allegedly engaging in unprofessional conduct. Respondent allegedly self-prescribed controlled substance medications to herself while employed at Lanai Community Health Center. (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Horizon Retail Construction, Inc. and Jon E. Hendersen
Case Number: CLB 2015-216-L
Sanction: $50,000 fine
Effective Date: 4-15-16
Respondents allegedly failed to have its responsible managing employee (Respondent Hendersen) in residence in Hawaii while Respondents’ store construction project for Coach was under construction at Ala Moana Center in violation of HRS § 444-17(12) and HAR § 16-77-71(a)(4). Respondents also allegedly violated HRS § 444-9.3 by aiding or abetting Visionary General Contracting, LLC by subcontracting work to the unlicensed entity. (Board approved Settlement Agreement.)
Respondent: Kurt B. Kaminski, dba Puna Construction (Hawaii Island)
Case Number: CLB 2016-26-L
Sanction: $500 fine
Effective Date: 4-15-16
Respondent admittedly violated HRS § 436B-19(2) by making an untruthful statement. On Respondent’s renewal application dated August 28, 2014, Respondent answered “no” to the question: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?” even though on March 20, 2013, Respondent had been convicted of operating a vehicle under the influence of an intoxicant and driving while his license was suspended or revoked. (Board approved Settlement Agreement.)
Respondents: Retail Construction Services, Inc. and Stephen M. Bachman
Case Number: CLB 2015-333-L
Sanction: $12,500 fine
Effective Date: 4-15-16
Respondents allegedly failed to have its responsible managing employee (Respondent Bachman) in residence in Hawaii while a project was under construction in Hawaii in violation of HAR § 16-77-71(a)(4). Respondents also allegedly violated HRS § 444-17(17) by hiring an unlicensed welder, Aloha Welding, Inc. to perform welding work on a construction project in the State of Hawaii. (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Lauren Y.I. Miyahara, fka Lauren Yoshiko Ige
Case Number: REC 2014-130-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 operating a vehicle under the influence of an intoxicant. (Commission approved Settlement Agreement.)
Respondent: Germaine K. Hopkins
Case Number: REC 2014-172-L
Sanction: $1,500 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. Respondent also allegedly violated HRS § 467-7 and HAR § 16-99-5(e) by engaging in real estate activity in 2013-2014 when her license was not current. (Commission approved Settlement Agreement.)
Respondent: Charlene Butchart, aka Charlene L. Butchart (Maui)
Case Number: REC 2014-43-L
Sanction: $500 fine
Effective Date: 4-29-16
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.)
Respondent: Leslie B. Vargas
Case Number: REC 2009-316-L
Sanction: $20,000 fine
Effective Date: 4-29-16
While a real estate salesperson affiliated with Hawaiian Condo Resorts, Inc. (“HCR”), Respondent admittedly engaged in property management activity for numerous rentals outside of HCR and without the knowledge and consent of HCR’s principal broker. These activities included but are not limited to: advertising rentals and engaging in property management through Hawaii Condos in Waikiki, LLC, a company not registered with the Real Estate Commission and not licensed as a real estate broker, engaging in property management by and with the assistance of “Jorge and Leslie Vargas, RA, Property Management”, an entity not registered with the Real Estate Commission and not licensed as a real estate broker, acting alone or with the assistance of the unlicensed entities mentioned above in handling substantial sums of trust monies such as rents and security deposits, and entering into property management agreements without the knowledge or consent of the principal broker of HCR. This conduct constituted violations of HRS §§ 436B-19(2), 436B-19(6), 436B-19(7), 436B-19(16), 467-1, 467-14(1), 467-14(3), 467-14(6), 467-14(8), 467-14(13), 467-14(20), HAR § 16-99-3(b), 16-99-4(a), 16-99-4(d), 16-99-4(g), and 16-99-4(i). (Commission approved Settlement Agreement.)
Respondent: Cynthia A. Krog (Hawaii Island)
Case Number: REC 2014-120-L
Sanction: Licensee on probation for 5 years, $2,500 fine, report judgments entered against Respondent or Respondent’s employer in connection with Respondent’s activities as a property manager to the Commission within 15 days
Effective Date: 4-29-16
Respondent allegedly violated HRS § 436B-19(8) by failing to maintain a record or history of trustworthiness and/or financial integrity. On April 11, 2001, Respondent was allegedly convicted in the U.S. District Court of embezzling proceeds from Kilauea Military Camp. (Commission approved Settlement Agreement.)
Respondent: Judith Ann Pryne, dba Keale Realty
Case Number: REC 2012-267-L
Sanction: License revoked
Effective Date: 4-29-16
Respondent failed to comply with the Commission’s November 25, 2015 final order to pay a $1,000 fine within 60 days of the Commission’s Final Order. (Commission’s Final Order.)
BOARD OF ELECTRICIANS AND PLUMBERS
Respondent: William V. Ferguson, Jr. (Hawaii Island)
Case Number: ENP 2012-32-L
Sanction: $500 fine
Effective Date: 4-22-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Massachusetts and failing to report the disciplinary action within 30 days of the issuance of the order. (Board approved Settlement Agreement.)
Respondent: Derek K. Awaya
Case Number: ENP 2013-18-L
Sanction: $500 fine
Effective Date: 4-22-16
Respondent allegedly violated HRS § 448E-10(a)(1) by failing to disclose on his application for licensure as a journey worker plumber that he had been convicted of driving under the influence, a theft charge and traffic violations in the early 1980s. (Board approved Settlement Agreement.)
Respondent: Joshua B. Crail
Case Number: ENP 2013-19-L
Sanction: $500 fine
Effective Date: 4-22-16
Respondent allegedly violated HRS § 448E-10(a)(1) by failing to disclose on his application for licensure as a journey worker plumber that he had been convicted of driving under the influence on January 23, 2008. (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVE AND GUARDS
Respondent: Denae A.H. Pai (Hawaii Island)
Case Number: PDG 2014-174-L
Sanction: $250 fine
Effective Date: 4-28-16
Respondent allegedly procured a license through fraud or misrepresentation violation of HRS § 436B-19(5) and HAR §§ 16-97-46 and 16-97-46(12). On May 5, 2014, Respondent allegedly pleaded no contest and was convicted of the offense of DUI by Impairment or.08 Breath under Case ID 3DTA-14-00737 but on her May 19, 2014 renewal application, Respondent answered “no” to the question which asked “In the past 3 years, have you been convicted of a crime which has not been annulled or expunged” (Board approved Settlement Agreement.)
Respondents: St. Moritz Security Services, Inc. and Clarence E. Scanlan
Case Number: PDG 2015-73-L
Sanction: $1,000 fine
Effective Date: 4-28-16
Respondents admittedly employed a person not licensed in violation of HRS § 436B-19(16). On November 30, 2015, during a site inspection conducted by the Regulated Industries Complaints Office, an unlicensed guard employed by Respondent St. Moritz Security Services, Inc. was observed providing guard services at Cartier, Inc. at the Ala Moana Shopping Center. (Board approved Settlement Agreement.)
Respondent: Ronald N. Dela Cruz, dba Security Solutions of Hawaii (Hawaii Island)
Case Number: PDG 2015-55-L
Sanction: $200 fine
Effective Date: 4-28-16
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, criminal, psychiatric and psychological information for at least one employee on the list. (Board approved Settlement Agreement.)
Respondent: Larry P. Baird, dba Island Security Services
Case Number: PDG 2015-51-L
Sanction: $200 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-97-15 by failing to timely submit a semiannual list of employees for the July 2014 to December 2014 reporting period. (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Stroheckers Pharmacy, Inc.
Case Number: PHA 2016-5-L
Sanction: Voluntary surrender of permit
Effective Date: 4-28-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Oregon. The Oregon Order was based on allegations that Respondent did not follow procedure when compounding testosterone and failed to take appropriate action after becoming aware of the error. (Board approved Settlement Agreement.)
Respondent: Direct Success, Inc.
Case Number: PHA 2016-9-L
Sanction: Licensee reprimanded and placed on probation for 2 years, comply with terms of Arkansas action, $5,000 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Arkansas and failing to report the disciplinary action within 30 days of the issuance of the order. The Arkansas Order was based on allegations that Respondent engaged in the practice of pharmacy without a license. (Board approved Settlement Agreement.)
Respondent: KEBD Enterprises LLC, dba Belmar Pharmacy
Case Number: PHA 2016-2-L
Sanction: $2,500 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Louisiana and Iowa and failing to report the disciplinary actions within 30 days of the issuance of the order. The Louisiana Order was based on allegations that Respondent dispensed drug prescriptions without a permit. The Iowa Order was based on Respondent’s failure to report out of state discipline. (Board approved Settlement Agreement.)
Respondent: Owens & Minor Distribution, Inc.
Case Number: PHA 2015-92-L
Sanction: $5,000 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Florida, Louisiana, Kentucky, Vermont and Alabama. The Florida Order was based a 2007 civil consent decree with the United States government related to monitoring, inspection and reporting issues. The Louisiana Order was based on allegations that Respondent purchased and received drugs from an unlicensed supplier. The Kentucky Order was based on Respondent’s failure to report a closure. The Vermont Order was based an alleged failure to disclose disciplinary action by another state. The Alabama Order was based on the disciplinary action taken by Vermont. (Board approved Settlement Agreement.)
Respondents: Jake O. Blechta
Case Number: PHA 2016-32-L
Sanction: Licensee reprimanded, pay $250 in administrative costs
Effective Date: 4-28-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in California and failing to report the disciplinary action within 30 days of the issuance of the order. The California Order was based on disciplinary action by the State of Oregon. The Oregon Order was based on a March 26, 2014 application in which Respondent failed to report an arrest on a licensing application. (Board approved Settlement Agreement.)
Respondent: Rood & Riddle Veterinary Pharmacy, LLC
Case Number: PHA 2015-59-L
Sanction: Pay $2,000 in administrative costs
Effective Date: 4-28-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Michigan, Maine, Texas, and Wisconsin and failing to report the disciplinary actions within 30 days of the issuance of the orders. The Michigan Order was based on prior disciplinary actions by the states of Virginia and Colorado. The Maine Order was based on allegations that Respondent failed to report on a December 2, 2011 application that its Pharmacist in Charge had previously been disciplined for failing to complete continuing education requirements and for practicing with an expired license; that Respondent had been disciplined by the State of Virginia on October 21, 2013 for shipping drugs into Virginia without a valid license; that Respondent had been disciplined by the State of Colorado on October 25, 2013 for shipping drugs into Colorado without patient specific prescription orders; and that between September 9, 2013 and December 31, 2013, Respondent had shipped 15 prescriptions into Maine from a new facility which was not licensed at the time. The Texas Order was based on prior disciplinary actions by other states. A second Michigan Order was based on prior disciplinary actions by other states and the Wisconsin Order was based on allegations that Respondent failed to report disciplinary actions by other states. (Board approved Settlement Agreement.)
Respondent: RGH Enterprises, Inc., dba Edgepark Medical Supplies and Independence Medical
Case Number: PHA 2016-31-L
Sanction: $250 fine
Effective Date: 4-28-16
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 report a change in Pharmacist in Charge. (Board approved Settlement Agreement.)
Respondent: Biofusion, LLC
Case Number: PHA 2015-134-L
Sanction: Licensee on probation for 1 year, $2,500 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Ohio, Oregon and Texas and failing to report the disciplinary actions within 30 days of the issuance of the orders. The Ohio Order was based on disciplinary action taken in California against Respondent’s corporate owner (also a permitted pharmacist) for allegedly failing to account for medications due to employee pilferage. The Oregon and Texas Orders were based on the California action against Respondent’s corporate owner. (Board approved Settlement Agreement.)
Respondent: Biorx, LLC
Case Number: PHA 2016-19-L
Sanction: $500 fine
Effective Date: 4-28-16
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 of the issuance of the order. The Alaska Order was based on allegations that Respondent failed to disclose information relating to Respondent’s pharmacist in charge. (Board approved Settlement Agreement.)
Respondent: Pharmacy Creations, LLC
Case Number: PHA 2016-17-L
Sanction: $500 fine, pay $150 in administrative costs
Effective Date: 4-28-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in New Jersey and Iowa. The New Jersey Order was based on violations found after an inspection of its facility. The Iowa Order was based on disciplinary action taken in other states. (Board approved Settlement Agreement.)
Respondents: Walgreens Specialty Pharmacy, LLC, dba Walgreens Specialty Pharmacy #12314, Walgreens Specialty Pharmacy #15438, and Walgreens Specialty Pharmacy #15443
Case Number: PHA 2015-62-L, PHA 2015-90-L, PHA 2015-91-L
Sanction: $2,000 fine
Effective Date: 4-28-16
Respondents allegedly violated HRS §436B-19(13) by being disciplined in Colorado. The Colorado Orders were based on allegations that Respondents failed to report changes in a pharmacist manager and two other cases where disciplinary action was taken in Colorado. (Board approved Settlement Agreement.)
Respondent: Walgreens Mail Service, Inc.
Case Number: PHA 2015-60-L and PHA 2015-61-L
Sanction: $2,000 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Oregon and Michigan. The Oregon Order was based on allegations relating to dispensing and drug utilization review. One Michigan Order was based on disciplinary action taken by Louisiana and two other Michigan Orders were based on disciplinary actions taken by other states. (Board approved Settlement Agreement.)
Copies of the decisions are available online at: cca.hawaii.gov/oah/oah_decisions/.
Media Contact:
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Department of Commerce and Consumer Affairs
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