RELEASE: DCCA Disciplinary Actions (Through May 2017)
Posted on Jun 16, 2017 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
June 16, 2017
DCCA DISCIPLINARY ACTIONS
(Through May 2017)
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 May 2017 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: John R. Wohlwend, M.D.
Case Number: MED 2016-152-L
Sanction: $1,500 fine
Effective Date: 5-11-17
Respondent was found negligent in a civil action in Pennsylvania based on allegations of medical malpractice, and failed to timely report the action to the Board, in possible violation of HRS §§ 453-8(a)(7) and 436B-16. (Board approved Settlement Agreement.)
Respondent: Donald L. Geil, D.O.
Case Number: MED 2016-189-L
Sanction: $1,000 fine
Effective Date: 5-11-17
Respondent was suspended from Tripler Army Medical Hospital as a result of an investigation into unprofessional conduct based on sketch comedy videos shown in the office, office clutter, and general appearance, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondent: Contemporary Services Corporation
Case Number: PDG 2017-7-L
Sanction: $500 fine
Effective Date: 5-4-17
Respondent was disciplined in Ohio for allegedly allowing 48 employees to provide unregistered security guard services, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondent: P&A Investments, Inc., dba Aiona Car Sales (Hawaii)
Case Number: ARP 2012-25-L+
Sanction: $1,000 fine
Effective Date: 5-18-17
Respondent allegedly failed to keep and maintain auto repair records for two years and failed to provide an updated written estimate for additional repair work, in possible violation of HRS §§ 437B-15(a), and 437B-16, and HAR § 16-87-17(2). (Board approved Settlement Agreement.)
BOARD OF CHIROPRACTIC EXAMINERS
Respondents: Aaries T. Oda, D.C. and Paris Oda, D.C.
Case Number: CHI 2017-1-L
Sanction: $1,000 fine and bar against false advertising
Effective Date: 5-4-17
Respondents allegedly ran an advertisement referencing an alleged disciplinary action and directing consumers to call the “Consumer Protection Center” for a class action suit. The advertisement contained multiple false and deceptive statements, in possible violation of HRS §§ 442-9(a)(5), and 442-9(a)(6), and HAR §§ 16-76-56(b)(27) and 16-76-56(b)(28). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Diamond Head Plumbing, Inc. and Robert E. Hazzard
Case Number: CLB 2013-326-L+
Sanction: $9,000 fine
Effective Date: 5-12-17
Respondents allegedly permitted an unlicensed employee to perform “plumbing work” without proper supervision by an appropriate licensee, failed to have a written contract for one project, failed to include the required information in other contracts, and failed to sign or initial all contracts, in possible violation of HRS §§ 444-9.5, and 444-25.5, and HAR §§ 16-77-71(a)(2), 16-77-71(a)(5), and 16-77-80. (Board approved Settlement Agreement.)
Respondents: James M. Murray and JM Finish Carpentry LLC, dba
Ohana Construction
Case Number: CLB 2017-64-L
Sanction: $3,000 fine
Effective Date: 5-12-17
Respondents allegedly hired an unlicensed roofing company who was not affiliated with Respondents to perform roofing repairs at a residence, in possible violation of HRS §§ 444-9.3 and 444-17(17), and HAR § 16-77-33(c). (Board approved Settlement Agreement.)
Respondents: Burdg Dunham & Associates Construction Corp. and Harry L. Burdg
Case Number: CLB 2014-368-L
Sanction: $20,000 fine
Effective Date: 5-12-17
Respondents allegedly did not have an RME in residence in the State during the construction of projects in Waikiki, the Ala Moana Center, the Ka Makana Alii, Lahaina Gateway, Kapalama Center, and Safeway Kapahulu, in possible violation of HAR § 16-77-71(a)(4). (Board approved Settlement Agreement.)
Respondents: Paradise Properties, Inc. and Jody Solbach
Case Number: CLB 2016-120-L+
Sanction: Voluntary surrender of license
Effective Date: 5-12-17
Respondents allegedly entered into agreements for masonry work without a C31 classification and failed to complete the work in one case, in possible violation of HRS §§ 436B-19(1), 444-17(12), and 444-17(13), and HAR § 16-77-33. (Board approved Settlement Agreement.)
Respondents: On Top Roofing, LLC and James A. Tamayo
Case Number: CLB 2017-38-L
Sanction: Reprimand and $100 fine
Effective Date: 5-12-17
Respondent On Top Roofing, LLC was disciplined by the Department of Labor and Industrial Relations for allegedly having employees work without any means of fall protection, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS
Respondent: John D. Purinton
Case Number: ENG 2016-27-L
Sanction: $1,000 fine
Effective Date: 5-11-17
Respondent was disciplined in North Carolina for allegedly failing to comply with annual Continuing Professional Competency audit requirements, and failed to report the disciplinary action to the Board within thirty days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
BOARD OF PUBLIC ACCOUNTANCY
Respondent: Richard J. Kehoe (Maui)
Case Number: ACC 2017-2-L
Sanction: Probation, pay $250 fine and compliance with Judgment
Effective Date: 5-26-17
Respondent was convicted for theft in the second degree, in possible violation of HRS §§ 466-9(b)(6), 466-9(b)(8), 466-9(b)(10), and 466-7(a). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Bioscrip Pharmacy Services
Case Number: PHA 2016-64-L
Sanction: $2,500 fine
Effective Date: 5-18-17
Respondent was disciplined in Louisiana on allegations that Respondent dispensed drug prescriptions without an out-of-state pharmacy permit, and in Colorado for failing to comply with Colorado’s Electronic Prescription Drug Monitoring Program on two occasions, and failed to report the disciplinary actions to the Board within 30 days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Medaus, Inc. dba Medaus Pharmacy
Case Number: PHA 2016-25-L
Sanction: Voluntary surrender of permit
Effective Date: 5-18-17
Respondent was disciplined in Alabama on allegations that Respondent distributed prescription drugs in Georgia without authorization, and in Colorado on allegations related to Colorado’s Electronic Prescription Drug Monitoring Program on two occasions, in possible violation of HRS §§ 436B-19(13) and 461-21(a)(5). (Board approved Settlement Agreement.)
Respondent: Vitalab Pharmacy, Inc. dba Vasco Rx
Case Number: PHA 2016-110-L
Sanction: $2,500 fine
Effective Date: 5-18-17
Respondent was disciplined in Arizona based on allegations that Respondent failed to follow processes described in a deviation request related to a remote dispensing device, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Walgreen Co. dba Chroniscript, a Walgreens Pharmacy
Case Number: PHA 2016-97-L
Sanction: $1,500 fine
Effective Date: 5-18-17
Respondent was disciplined in Alabama for allegedly failing to comply with Alabama Prescription Drug Monitoring Program reporting requirements and failed to report the disciplinary action to the Board within 30 days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Walgreen Mail Service, Inc.
Case Number: PHA 2016-106-L
Sanction: $750 fine
Effective Date: 5-18-17
Respondent was disciplined in Texas for data error calling for one tablet of clobazam per day instead of one-half and allegedly failed to identify a clinically significant high dosage, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Oncology Rx care Advantage, LP
Case Number: PHA 2017-4-L
Sanction: $500 fine
Effective Date: 5-18-17
Respondent was disciplined in Maine for allegedly failing to notify the Board of a change in pharmacist in charge, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Park Irmat Drug Corp., dba Irmat Pharmacy
Case Number: PHA 2016-65-L
Sanction: $250 fine
Effective Date: 5-18-17
Respondent was disciplined in Maine for allegedly failing to timely submit an application evidencing a change in Pharmacist in Charge, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondents: Longs Drug Stores California and Anh P. Mitsuda
Case Number: PHA 2016-86-L
Sanction: $3,000 fine
Effective Date: 5-18-17
Respondents allegedly filled a prescription with Clozapine instead of Colestipol, which was prescribed for a patient, in possible violation of HRS § 461-21(a)(5). (Board approved Settlement Agreement.)
Respondent: Biorx, LLC, dba Biorx
Case Number: PHA 2017-7-L
Sanction: $500 fine
Effective Date: 5-18-17
Respondent was disciplined in Colorado for allegedly failing to comply with Colorado’s Electronic Prescription Drug Monitoring Program and failed to report the disciplinary action to the Board within 30 days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Michael F. Hodge
Case Number: PHA 2016-92-L
Sanction: Voluntary surrender of license
Effective Date: 5-18-17
Respondent failed to complete the required continuing education hours prior to renewal of his license, misrepresented that he had completed the required hours when he renewed his license, and failed to respond to an audit letter from a representative of the Board seeking verification that Respondent had completed continuing education requirements within sixty days, in violation of HRS §§ 461-21(a)(4), 461-21(a)(9), and 461-8(g). (Board approved Settlement Agreement.)
Respondent: Wellpartner, Inc.
Case Number: PHA 2016-117-L
Sanction: $250 fine
Effective Date: 5-18-17
Respondent was disciplined in Illinois for allegedly failing to disclose it had been disciplined in Oregon in 2009, and failed to report the disciplinary action to the Board within 30 days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Cindy L. Vicoy
Case Number: BAR 2016-30-L
Sanction: $500 fine
Effective Date: 5-22-17
Respondent was allegedly convicted of operating a vehicle while under the influence of an intoxicant and failed to disclose the conviction in her renewal application, in possible violation of HRS §§ 439-19(a)(1), 439-19(a)(4), and 439-19(a)(9).
BOARD OF MASSAGE THERAPY
Respondent: Aloha Hawaiian Ocean Massage & Spa, LLC (Hawaii)
Case Number: MAS 2016-101-L
Sanction: $250 fine
Effective Date: 5-3-17
Respondent was allegedly operating a massage therapy establishment without publicly displaying the current massage establishment license and massage therapist licenses of Respondent’s employees, in possible violation of HRS §§ 452-15 and 452-24(a)(4). (Board approved Settlement Agreement.)
Respondents: Hyun Kim and Rejuve-Plus, LLC
Case Number: MAS 2016-84-L
Sanction: $1,000 fine
Effective Date: 5-3-17
Respondents were allegedly operating a massage therapy establishment without conspicuously displaying the current massage establishment license, and massage therapist license of Respondent Kim, in possible violation of HRS §§ 452-24(a)(4), and 436B-19(16), and HAR §§ 16-84-11(b), 16-84-15(c), and 16-84-15(f). (Board approved Settlement Agreement.)
Respondent: Amber C. Pollard (Hawaii)
Case Number: MAS 2016-102-L
Sanction: $250 fine
Effective Date: 5-3-17
Respondent was allegedly operating a massage therapy establishment without conspicuously displaying the current massage establishment and massage therapist licenses, in possible violation of HRS § 452-24(a)(4) and HAR § 16-84-15(c). (Board approved Settlement Agreement.)
Respondent: Smile Massage & Spa, LLC
Case Number: MAS 2017-30-L
Sanction: Reprimand and agreement to correct infractions
Effective Date: 5-3-17
Respondent allegedly failed to include a massage establishment license number on its webpage and in advertisements on other social media, in possible violation of HRS § 452-23(b). (Board approved Settlement Agreement.)
Respondent: Susan M.S. Vigil (Hawaii)
Case Number: MAS 2016-99-L
Sanction: $250 fine
Effective Date: 5-3-17
Respondent was allegedly operating a massage therapy establishment without conspicuously displaying the current massage establishment and massage therapist licenses, in possible violation of HRS § 452-24(a)(4) and HAR § 16-84-15(c). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondents: Deborah J. Kirk and DNA Enterprises Inc., dba DNA Realty
Case Number: REC 2016-127-L
Sanction: $5,000 fine
Effective Date: 5-26-17
Respondent allegedly managed a rental property in Honolulu for a nonresident owner for which she received compensation, without the consent or knowledge of her real estate broker, in possible violation of HRS §§ 467-1, 467-14(5), 467-14(6), 467-14(13), 436B-19(6), 436B-19(7), and 436B-19(16), and HAR §§ 16-99-4(g) and 16-99-4(i). (Board approved Settlement Agreement.)
Respondent: Joreen Knox (Hawaii)
Case Number: REC 2016-85-L
Sanction: $500 fine
Effective Date: 5-26-17
Respondent was allegedly convicted for operating a vehicle while under the influence of an intoxicant, in possible violation of HRS §§ 436B-19(12), 436B-19(14), and 436B-19(17). (Board approved Settlement Agreement.)
Respondent: Mary H. Rogde
Case Number: REC 2016-332-L
Sanction: $1,000 fine
Effective Date: 5-26-17
Respondent, as the principal broker for New Life Realty, Inc., allegedly failed to ensure that the real estate salesperson’s license of one of its agents was timely renewed, in possible violation of HRS § 467-1.6(b)(7). (Board approved Settlement Agreement.)
Respondent: Kayla S. Kim
Case Number: REC 2016-331-L
Sanction: $1,250 fine
Effective Date: 5-26-17
Respondent undertook activities requiring a real estate salesperson license even though her license had expired, in possible violation of HRS § 467-7. (Board approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
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