Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
October 13, 2017

DCCA DISCIPLINARY ACTIONS

(Through September 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 September 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:        Guy H. Takahashi, M.D.

Case Number:     MED 2017-71-L

Sanction:             $150 administrative costs

Effective Date:     9-14-17

Respondent was allegedly the subject of disciplinary action in the State of Tennessee based on allegations Respondent failed to complete two hours of required instruction on prescribing practices, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

 

Respondent:        James H. Turner, M.D.

Case Number:     MED 2017-25-L

Sanction:             Reprimand and $1,000 administrative costs                                                                   

Effective Date:     9-14-17

Respondent was allegedly the subject of disciplinary action in the States of Wisconsin and Illinois based on allegations Respondent failed to appropriately recommend biopsy to diagnose or exclude the presence of cancer following CT scan, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      CML RW Security, LLC and Donald P. Pallotto

Case Number:     CLB 2017-249-L

Sanction:             $15,000 fine

Effective Date:     9-22-17

Respondents allegedly failed to have a RME in residence in the State during the period a project was under construction in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

 

Respondents:      Michael E. Shaffer (Kona)

Case Number:     CLB 2016-478-L

Sanction:             $500 fine

Effective Date:     9-22-17

Respondent allegedly submitted a renewal application for his specialty contractor’s license wherein he answered “No” to question number 3- “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?”- when in fact Respondent had been convicted of Operating a Vehicle Under the Influence of Intoxicant in Hawaii approximately three (3) months prior to the application.

 

Respondents:      Elements of Hospitality, Inc. and Gregory Neufeldt (Kauai)

Case Number:     CLB 2017-174-L

Sanction:             $25,000 fine

Effective Date:     9-22-17

Respondents allegedly failed to have a RME in residence in the State during the period a project was under construction in possible violation of HRS § 444-17(12) and HAR § 16-77-71(a)(4). (Board approved Settlement Agreement.)

 

Respondents:      Andrew W. Sears and Best Vinyl Fence & Deck, LLC

Case Number:     CLB 2017-171-L

Sanction:             $5,000 fine

Effective Date:     9-22-17

Respondents allegedly failed to have a RME in residence in the State during the period a project was under construction in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

 

Respondents:      James M. Murray and JM Finish Carpentry LLC dba Ohana Construction

Case Number:     CLB 2017-142-L

Sanction:             $1,000 fine

Effective Date:     9-22-17

Respondents allegedly advertised for solar water heater installation without possessing a C-61(a) contractor classification license in possible violation of HRS § 444-17(12) and HAR §§ 16-77-33(a), and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        John A. Hendrickson, R.N.

Case Number:     RNS 2016-90-L

Sanction:             License revoked                                                                                                              

Effective Date:     2-2-17

Respondent had been the subject of a disciplinary action in the State of Arizona based upon Respondent’s multiple instances of unprofessional conduct including, but not limited to, convictions for Driving While Intoxicated and testing positive for amphetamines and methamphetamine.  Because the Arizona Board of Nursing prohibited Respondent from practicing registered nursing in Washington by revoking his license, Respondent’s Hawaii license is likewise revoked pursuant to Act 38, 2016 Haw. Sess. Laws 55.  (Board’s Final Order pursuant to Act 38.)

 

Respondent:        Margaret A. Maupin, A.P.R.N., R.N. (Kauai)

Case Number:     RNS 2017-28-L

Sanction:             Reprimand and $750 fine                                                                                                

Effective Date:     9-7-17

Respondent was allegedly disciplined by the states of Minnesota and Wisconsin based on allegations that Respondent practiced in Minnesota as an advanced practice registered nurse before being issued a license in that state and failed to report the actions within thirty days as required by law, in possible violation of HRS §§ 457-12(a)(8) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Kristy A. Morgan, R.N.

Case Number:     RNS 2017-35-L

Sanction:             Reprimand and $500 fine                                                                                                

Effective Date:     9-7-17

Respondent was allegedly disciplined by the states of California, Arkansas and Florida based on the California Board of Registered Nursing denying an application for licensure based on a prior arrest for Driving Under the Influence with a high Blood Alcohol Content and allegations of failing to report the California denial on a renewal application submitted in Arkansas, in possible violation of HRS § 457-12(a)(8).  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        Hopkinton Drug, Inc.

Case Number:     PHA 2017-73-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-21-17

Disciplinary action was allegedly taken against Respondent in the State of Ohio based on allegations Respondent dispensed prescription drugs in Ohio without a Terminal Distributor of Dangerous Drugs License, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Pareek, Inc. dba ASP Cares

Case Number:     PHA 2015-97-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     9-21-17

Disciplinary action was allegedly taken against Respondent in the states of Alabama based on allegations Respondent engaged in conduct without renewing its Alabama permit, and New Mexico based on allegations Respondent was delinquent in reporting controlled substance prescription information, and that Respondent failed to timely report the actions, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        College Pharmacy, Inc. dba College Pharmacy

Case Number:     PHA 2015-64-L

Sanction:             Comply with terms of the Maryland action and $1,000 administrative costs

Effective Date:     9-21-17

Disciplinary action was allegedly taken against Respondent in the states of: Colorado based on a beyond-use date assigned to a compounded drug; Nebraska based on disciplinary actions by the State of Colorado; Vermont based on disciplinary action by the State of Colorado; Kansas based on disciplinary action by the State of Colorado; Maine based on disciplinary action by the State of Colorado; Utah based on disciplinary action by the State of Colorado; Wisconsin based on a July 22, 2013 letter of admonition issued by the State of Colorado; Michigan based on action by the State of Colorado; Maryland based on the Colorado action; and Alabama based in part on the Colorado action, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondents:      Wal-Mart Stores, Inc. dba Wal-Mart Pharmacy #10-3883; Wal-Mart Pharmacy 10-2308; Wal-Mart Pharmacy 10-2321; Wal-Mart Pharmacy 10-2473; Wal-Mart Pharmacy 10-2314; Wal-Mart Pharmacy #10-3290; Wal-Mart Pharmacy 10-5274; and Wal-Mart Pharmacy 10-3149; and Wal-Mart Stores East LP dba Wal Mart Pharmacy 10-5315; and Wal-Mart Stores Texas LP dba Wal Mart Pharmacy 10-2625; and Sam’s West, Inc. dba Sam’s Pharmacy #10-6410 and Sam’s Club

Case Number:     PHA 2015-73-L + 12 other cases

Sanction:             $15,000 administrative costs                                                                                           

Effective Date:     9-21-17

Disciplinary action was allegedly taken against Respondent in the states of: Oregon based on allegations related to clozapine registry and procedures; Oregon based on allegations related to management and monitoring; Iowa based on allegations related to a prescription; Colorado based on allegations Respondent allowed an employee to work with a lapsed license; Oregon based on allegations related to failure to have a pharmacist in charge; Oregon based on allegations Respondent employed an unlicensed pharmacy technician; Oregon based on allegations related to self-inspection forms; Oregon based on allegations Respondent aided and abetted an unlicensed pharmacy technician; Oregon based on allegations related to security; Oregon based on allegations Respondent aided and abetted unlicensed activity; Oregon based on allegations related to dispensing; Nevada based on allegations related to dispensing; Oregon based on allegations related to dispensing; Oregon based on allegations related to dispensing; Oregon based on allegations related to dispensing and scope issues; Illinois based on allegations related to an unlicensed pharmacy technician; Iowa based on allegations related to an unlicensed pharmacy technician activity; and Colorado based on allegations related to changes in pharmacist managers, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        Stanley F. Salima

Case Number:     PDG 2015-61-L

Sanction:             $500 fine and comply with HOPE probation                                                                   

Effective Date:     9-7-17

Respondent engaged in any illegal or unlawful conduct which reflects unfavorably upon the fitness of the licensee to engage in the profession in violation of HAR §16-97-46(17).  (Board approved Settlement Agreement.)

 

Respondent:        Rhoda A. Snelling (Hawaii)

Case Number:     PDG 2016-50-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-7-17

Respondent allegedly failed to disclose on her license renewal application that she had been convicted of the petty misdemeanor offense of Disorderly Conduct, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12).  (Board approved Settlement Agreement.)

 

Respondent:        Nelson I. Tamayori

Case Number:     PDG 2016-57-L

Sanction:             $500 fine, $500 administrative costs and submit proof of compliance with terms of the Federal Probation                                                                                                            

Effective Date:     9-7-17

Respondent failed to comply, observe or adhere to any law such that the licensing authority deems the holder to be an unfit or improper person to hold a license in violation of HRS § 436B-19(12).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Rebecca Ruppenthal (Maui)

Case Number:     REC 2017-36-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-29-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Board approved Settlement Agreement.)

 

Respondent:        Christianna N. Brown

Case Number:     REC 2017-37-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-29-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Board approved Settlement Agreement.)

 

Respondent:        Mark H. Young

Case Number:     REC 2017-35-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-29-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Board approved Settlement Agreement.)

 

Respondent:        Dominique T. Nguyen

Case Number:     REC 2017-260-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-29-17

Before being issued a license by the Real Estate Commission, Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”).  Despite the conviction, Respondent answered “NO” to the question on his 2014 license application form, that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20.  (Board approved Settlement Agreement.)

 

Respondent:        Cheslynn N. Wooten, a.k.a. Noelani Wooten, a.k.a. Cheslynn N. Ubaldo (Hawaii)

Case Number:     REC 2017-28-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-29-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Board approved Settlement Agreement.)

 

Respondent:        Benjy Gilholm a.k.a. Benjamin M. Gilholm

Case Number:     REC 2017-41-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-29-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Board approved Settlement Agreement.)

 

Respondent:        Yvonne R. Cablay

Case Number:     REC 2017-258-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-29-17

In 2013, Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”).  Despite the conviction, Respondent answered “NO” to the question on the 2014 renewal application, that 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), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20.  (Board approved Settlement Agreement.)

 

Respondent:        John P. Carr

Case Number:     REC 2017-259-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-29-17

Before being issued a license by the Real Estate Commission, Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”).  Despite the conviction, Respondent answered “NO” to the question on his 2017 application that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20.  (Board 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