RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH FEBRUARY 2019)
Posted on Mar 8, 2019 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
March 08, 2019
DCCA DISCIPLINARY ACTIONS
(Through February 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 February 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 NURSING
Respondent: Yiuman K. Ku, aka Kenneth Ku
Case Number: RNS 2015-79-L
Sanction: License Suspension 18 months, Continuing Education and $500 fine
Effective Date: 2-7-19
RICO alleges that on or about August 5, 2015, during a federal recertification survey done by the Department of Health, two (2) incidents were observed regarding two (2) patients assigned to Respondent as the charge nurse: 1) a patient confined to a reclining chair was observed pleading with her hands in a prayer position to have the foot rest lowered so that she may use the bathroom; and 2) another patient was observed with a barricade of medical equipment placed around the patient’s bed, in potential violation of HRS § 457-(12)(a)(6) and HAR §§ 16-89-59 and 16-89-60(6). (Board approved Settlement Agreement.)
Respondent: Sean P. Mulvey, R.N.
Case Number: RNS 2015-35-L
Sanction: License Suspension 1 year and $1,000 fine
Effective Date: 2-7-19
RICO alleges that on or about August 24, 2012, Respondent was the subject of disciplinary action taken by the Florida Board of Nursing, based on allegations that Respondent: 1) was convicted of charges that are directly related to the practice of nursing; 2) engaged in the possession, sale, distribution of controlled substances for any other than legitimate purposes; and 3) altered patient records and Patient Emergency Care and Treatment logs; and failed to report the Florida disciplinary action to the Board in writing within thirty days, in potential violation of HRS §§ 457-(12)(a)(6), (8), (9) and (10). (Board approved Settlement Agreement.)
Respondent: Barbara L. Abels, R.N.
Case Number: RNS 2016-37-L
Sanction: License Suspension 2 years
Effective Date: 2-7-19
On November 5, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated the following statutes: HRS §§ 457-12(a)(8), (10) and (12). (Board approved Settlement Agreement.)
Respondent: Camica S. Cameron-Rose aka Camica Serina Cameron-Rose
Case Number: RNS 2017-20-L
Sanction: License revocation and $2,000 fine
Effective Date: 2-7-19
The Board found that Respondent: 1) submitted a document to the Board which was false or untrue or contained a material misstatement of fact, and made untruthful or improbable statements; 2) procured her license to practice nursing as a registered nurse through fraud or deceit; and 3) failed to meet or maintain the conditions and requirements necessary to qualify for the granting of a license, in violation of HRS §§ 457-12(a)(1) and (11), together with HRS §§ 436B-19(1), (2), (12) and (17). (Board’s Final Order after contested case hearing.)
CONTRACTORS LICENSE BOARD
Respondent: DCK PACIFIC CONSTRUCTION, LLC
Case Number: CLB 2016-291-L
Sanction: $170,000 restitution to Paul’s Electrical Contracting, LLC and $2,500 fine
Effective Date: 2-15-19
Respondent allegedly failed to pay a business debt, in possible violation of HRS § 444-17(14). (Board approved Settlement Agreement.)
Respondent: Mieto’s Corporation, dba Mieto’s Servicemaster
Case Number: CLB 2017-347-L
Sanction: Voluntary surrender of license
Effective Date: 2-15-19
Respondent allegedly did not have a responsible managing employee at the time it entered into a contract with homeowners for kitchen renovation, in possible violation of HRS §§ 444-17(9) and 436B-19(17) and HAR § 16-77-64(e). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Pharmaceutical Care Solutions, Inc., dba Pharmacy Solutions
Case Number: PHA 2016-44-L
Sanction: $1,500 fine
Effective Date: 2-14-19
On or about December 6, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes and/or rules: HRS §§ 436B-19(13), 436B-19(17), 461-15(a)(7) and 461-21-(4) and HAR §§ 16-95-18 and 16-95-110(a)(16). (Board approved Settlement Agreement.)
Respondent: Costco Wholesale Corporation, dba Costco Pharmacy #581, Costco Pharmacy #562, and Costco Pharmacy #570
Case Number: PHA 2018-43-L, PHA 2018-44-L, and PHA 2018-45-L
Sanction: $2,500 fine
Effective Date: 2-14-19
RICO alleges that disciplinary actions by the States of California, Colorado and Indiana and by the United States Department of Justice on behalf of the Drug Enforcement Administration were taken against Respondent and that Respondent failed to timely report the disciplinary actions to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Rx Unlimited LLC
Case Number: PHA 2017-60-L
Sanction: Voluntary surrender of license
Effective Date: 2-14-19
RICO alleges that Respondent was disciplined by the State of California and that Respondent failed to timely report the disciplinary action to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Costco Wholesale Corporation, dba Costco Pharmacy #687, Costco Pharmacy #119, Costco Pharmacy #120, Costco Pharmacy #140, Costco Pharmacy #485, Costco Wholesale #640/Costco Pharmacy #640 and Costco Pharmacy #1038
Case Number: PHA 2018-35-L + 6 other cases
Sanction: $7,000 fine
Effective Date: 2-14-19
RICO alleges that disciplinary actions by the States of California, Colorado and Indiana and by the United States Department of Justice on behalf of the Drug Enforcement Administration were taken against Respondent and that Respondent failed to timely report the disciplinary actions to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Costco Wholesale Corporation, dba Costco Pharmacy #583
Case Number: PHA 2018-42-L
Sanction: $500 fine
Effective Date: 2-14-19
RICO alleges that Respondent was disciplined by the State of Indiana and that Respondent failed to timely report the disciplinary action to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Tabatha D. Hazen (Maui)
Case Number: REC 2018-283-L
Sanction: $500 fine
Effective Date: 2-22-19
RICO alleges that in or around August 2018, Respondent was 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: Daniel R.T. Carlson (Maui)
Case Number: REC 2018-289-L
Sanction: $500 fine
Effective Date: 2-22-19
RICO alleges that in or around December 2017, Respondent was 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.)
COLLECTION AGENCY PROGRAM
Respondent: The Money Source Inc.
Case Number: COL 2018-7-L
Sanction: $1,000 fine
Effective Date: 2-15-19
On or about November 20, 2018, RICO filed a Petition for Disciplinary Action Against Collection Agency Registration alleging that Respondent was disciplined by the State of New York and the Common Wealth of Massachusetts, and failed to report the disciplinary actions to the Hawaii Program within 30 days as required by Hawaii law, in violation of HRS §§ 436B-19(13) (disciplinary action by another state or federal agency) and 443B-3.5(h) (failure to timely report disciplinary action). (Director approved Settlement Agreement.)
DISPENSING OPTICIANS PROGRAM
Respondent: Kevin P. McHugh (Hawaii)
Case Number: DOP 2017-1-L and DOP 2018-1-L
Sanction: $500 fine
Effective Date: 2-13-19
RICO alleges that on or about April 27, 2016, Respondent pleaded no contest to one count of violating HRS § 291C-105(a)(2) (Excessive Speeding.) Despite the conviction, on his August 10, 2016 license renewal, Respondent incorrectly answered “no” to question no. 3 which asked, “In the past 2 years, have you been convicted of a crime in which the conviction has not been annulled or expunged?”, and RICO alleges that on or about November 14, 2016, Respondent pleaded no contest to one count of violating HRS § 291E-61(a)(1) (OVUII.) Despite the conviction, on his June 30, 2018 license renewal, Respondent incorrectly answered “no” to question no. 3 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 § 436B-19(2) (making untruthful or improbable statements). (Director approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
# # #
Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Office: (808) 586-7582