commonwealth of pennsylvania · 16 anna m. moran, m.d. 17 barbara e. ostrov, m.d. - absent 18 evon...

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Sargent's Court Reporting Service, Inc. (814) 536-8908 1 COMMONWEALTH OF PENNSYLVANIA 1 DEPARTMENT OF STATE 2 BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3 4 F I N A L M I N U T E S 5 6 MEETING OF: 7 8 STATE BOARD OF MEDICINE 9 10 TIME: 9:00 A.M. 11 12 BOARD ROOM C 13 One Penn Center 14 2601 North Third Street 15 Harrisburg, Pennsylvania 17110 16 17 Tuesday, May 15, 2018 18 19 20 21 22 23 24 25

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Page 1: COMMONWEALTH OF PENNSYLVANIA · 16 Anna M. Moran, M.D. 17 Barbara E. Ostrov, M.D. - Absent 18 Evon Sutton, Public Member - Absent 19 Paul J. Valigorsky II, M.D. 20 21 22 BUREAU PERSONNEL:

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COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

4

F I N A L M I N U T E S 5

6

MEETING OF: 7

8

STATE BOARD OF MEDICINE 9

10

TIME: 9:00 A.M. 11

12

BOARD ROOM C 13

One Penn Center 14

2601 North Third Street 15

Harrisburg, Pennsylvania 17110 16

17

Tuesday, May 15, 2018 18

19

20

21

22

23

24

25

Page 2: COMMONWEALTH OF PENNSYLVANIA · 16 Anna M. Moran, M.D. 17 Barbara E. Ostrov, M.D. - Absent 18 Evon Sutton, Public Member - Absent 19 Paul J. Valigorsky II, M.D. 20 21 22 BUREAU PERSONNEL:

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State Board of Medicine 1 May 15, 2018 2

3 4 BOARD MEMBERS: 5 6 Keith E. Loiselle, Public Member, Chairman 7 Charles A. Castle, M.D., Vice Chairman 8 Molly Smith, Administrative Officer, on behalf of Ian 9 J. Harlow, Commissioner of Professional and 10 Occupational Affairs 11 Cary Cummings III, M.D. 12

Rachel Levine, M.D., Physician General - Absent 13 Joseph E. Losee, M.D. 14 John M. Mitchell, L.P., C.C.P. 15 Anna M. Moran, M.D. 16 Barbara E. Ostrov, M.D. - Absent 17 Evon Sutton, Public Member - Absent 18 Paul J. Valigorsky II, M.D. 19 20 21 BUREAU PERSONNEL: 22 23 Peter D. Kovach, Esquire, Board Counsel 24 Wesley J. Rish, Esquire, Board Counsel 25 Anita P. Shekletski, Esquire, Board Prosecution 26

Liaison 27 Tara J. Smith, Esquire, Board Prosecutor 28 Andrea L. Costello, Esquire, Board Prosecutor 29 Keith E. Bashore, Esquire, Board Prosecutor 30 Adam Morris, Esquire, Board Prosecutor 31 Ricky Wayne Lewis, Board Prosecutor 32 Jessica Zukowski, Law Clerk 33 Holly Hoffman, Law Clerk 34 Suzanne Zerbe, Board Administrator 35 36 37 ALSO PRESENT: 38 39 Tanya Miller, MS, LAT, ATC, Pennsylvania Athletic 40

Trainers’ Society 41 Susan DeSantis, PA-C, Pennsylvania Society of 42 Physician Assistants 43 Randy Stevens, Pennsylvania Orthotic & Prosthetic 44 Society 45 Angie Armbrust, The Winter Group 46 Michael Siget, Legislative and Regulatory Counsel, 47 Pennsylvania Medical Society 48 Arthur K. Hoffman, Esquire 49 50

Page 3: COMMONWEALTH OF PENNSYLVANIA · 16 Anna M. Moran, M.D. 17 Barbara E. Ostrov, M.D. - Absent 18 Evon Sutton, Public Member - Absent 19 Paul J. Valigorsky II, M.D. 20 21 22 BUREAU PERSONNEL:

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*** 1

State Board of Medicine 2

May 15, 2018 3

*** 4

The regularly scheduled meeting of the State 5

Board of Medicine was held on Tuesday, May 15, 2018. 6

Keith E. Loiselle, Public Member, Chairman, called the 7

meeting to order at 9:06 a.m. Molly Smith, 8

Administrative Officer, Bureau of Professional and 9

Occupational Affairs, on behalf of Ian Harlow, 10

Commissioner, was not present at the commencement of 11

the meeting. 12

*** 13

Acknowledge Public - Turn Off Electronic Devices 14

[Chairman Loiselle requested the introduction of 15

audience members in attendance and that all electronic 16

devices be turned off.] 17

*** 18

Roll Call 19

[Roll call was taken.] 20

*** 21

[Chairman Loiselle welcomed new members of the Board.] 22

*** 23

Approval of Minutes of the April 17, 2018 meeting 24

CHAIRMAN LOISELLE: 25

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At this time, I’d like to ask for a 1

motion to approve the minutes from the 2

April meeting. 3

Do I have a motion? 4

DR. CASTLE: 5

So moved. 6

CHAIRMAN LOISELLE: 7

Dr. Castle moves. Do I have a second? 8

DR. MORAN: 9

Second. 10

CHAIRMAN LOISELLE: 11

Anna Moran seconds. All in favor? Any 12

opposed? 13

[The motion carried unanimously.] 14

*** 15

Report of Prosecutorial Division 16

[Anita P. Shekletski, Esquire, Board Prosecution 17

Liaison, introduced Ricky Lewis, Esquire, and Adam 18

Morris, Esquire, Board Prosecutors. She also 19

introduced Jessica Zukowski and Holly Hoffman, new law 20

clerks. 21

Ms. Shekletski reviewed the Probable Cause 22

Screening Committee process.] 23

*** 24

[Keith E. Loiselle, Public Member, Chairman; Charles 25

Page 5: COMMONWEALTH OF PENNSYLVANIA · 16 Anna M. Moran, M.D. 17 Barbara E. Ostrov, M.D. - Absent 18 Evon Sutton, Public Member - Absent 19 Paul J. Valigorsky II, M.D. 20 21 22 BUREAU PERSONNEL:

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A. Castle, M.D., Vice Chairman; and John M. Mitchell, 1

L.P., C.C.P., exited the meeting at 9:10 a.m. for 2

recusal purposes.] 3

*** 4

[Ms. Shekletski presented the Consent Agreement for 5

File No. 18-49-00559.] 6

*** 7

[Keith E. Loiselle, Public Member, Chairman; Charles 8

A. Castle, M.D., Vice Chairman; and John M. Mitchell, 9

L.P., C.C.P., reentered the meeting at 9:15 a.m.] 10

*** 11

[Tara J. Smith, Esquire, Board Prosecutor, presented 12

the Consent Agreements for File Nos. 17-49-03597 and 13

17-49-13950, and File No. 17-49-11830.] 14

*** 15

[Keith E. Bashore, Esquire, Board Prosecutor, 16

presented the Consent Agreement for File No. 17-49-17

06684.] 18

*** 19

[Andrea L. Costello, Esquire, Board Prosecutor, 20

discussed the Voluntary Recovery Program process.] 21

*** 22

[Ms. Costello presented VRP Consent Agreements for 23

File No. 18-49-02104 and File No. 18-49-02744.] 24

*** 25

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Report of Commissioner – No Report 1

*** 2

For the Board’s Information/Discussion 3

[Chairman Loiselle discussed the need to designate 4

reassignments to the Board's Committees, to define the 5

responsibilities of each committee in order to provide 6

summaries of the issues, and to reach the goal for 7

timely reports from each committee.] 8

*** 9

Report of Board Vice Chairman 10

[Charles A. Castle, M.D., Vice Chairman, noted his 11

attendance at the Federation of State Medical Boards 12

Annual Meeting in Charlotte, North Carolina, along 13

with Chairman Loiselle and Dr. Heine. Dr. Castle 14

defined FSMB as a national organization that 15

represents all of the medical licensing Boards. 16

Dr. Castle discussed two resolutions presented 17

pertaining to the Board and one that he aided in 18

crafting. Dr. Castle reviewed the bylaws that pertain 19

to every Board represented by the federation. He 20

noted the development of what is known as a staff 21

fellow, where every member of the State Medical Board 22

is by definition also a fellow of the Federation of 23

State Medical Boards. 24

Dr. Castle discussed the Bylaws Committee that is 25

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part of the federation. He noted an issue that was 1

presented and approved related to staff fellows. He 2

explained that this pertains to many Boards across the 3

country where an executive director becomes a subject 4

matter expert due to their knowledge and broad 5

background. 6

Dr. Castle explained that language constructed 7

for the definition of these individuals specified 8

their day-to-day responsibilities over the operation 9

of the Board. He noted that it was unclear as to who 10

could fulfill that role in Pennsylvania and that 11

Pennsylvania had request that the definition of staff 12

fellow be modified; however, the originally proposed 13

definition was ultimately adopted. 14

Dr. Castle discussed a resolution regarding 15

artificial intelligence written by Dr. Heine that was 16

approved. He noted the use of artificial intelligence 17

in medicine as a field of interest, but there were 18

questions raised concerning the controls of these 19

instruments and the responsibility for the answers 20

given, which is pertinent for the federation to 21

examine. 22

Dr. Castle stated the federation agreed to the 23

resolution, so there will be a workgroup to review 24

this ongoing issue for the federation. 25

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Dr. Castle discussed physician burnout, noting an 1

article related to different specialty risk factors. 2

He stated a workgroup of experts across the country 3

came up with suggestions for state Boards regarding 4

mental health. 5

Dr. Castle encouraged Board members to attend the 6

next 2019 Federation of State Medical Boards Annual 7

Meeting in Fort Worth, Texas.] 8

*** 9

Report of Board Chairman 10

[Chairman Loiselle stated that there will be further 11

discussion regarding the Federation of State Medical 12

Boards Annual Meeting at the next meeting when all of 13

the members are in attendance and the assignment of 14

the committees completed. 15

Chairman Loiselle informed the Board that FSMB 16

provides monthly webinars on various topics. He 17

suggested assigning a Board member whose specialty 18

aligns closely with the subject of the webinar to view 19

the same. He stated the Board member will report to 20

the Board and public on the webinar. Chairman 21

Loiselle noted the seminar on May 30, 2018, related to 22

opioid prescribing, for which Dr. Valigorsky 23

volunteered. 24

Chairman Loiselle expressed his pleasure with the 25

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wide range of specialties of the Board members.] 1

*** 2

Report of Board Counsel 3

[Wesley J. Rish, Esquire, noted matters for discussion 4

in Executive Session as well as items under old/new 5

business.] 6

*** 7

For the Board’s Information (Continued) 8

[Chairman Loiselle noted the Board meeting dates for 9

the remainder of 2018 and 2019. 10

He encouraged the Board to review the Bureau of 11

Professional and Occupational Affairs (BPOA) Recusal 12

Guidelines and noted the gift ban, stating that there 13

is no minimal amount that the Board is allowed to 14

accept or give.] 15

*** 16

For the Board’s Information – Old/New Business 17

[Wesley J. Rish, Esquire, reviewed the BPOA Recusal 18

Guidelines.] 19

*** 20

[Peter D. Kovach, Esquire, Board Counsel, discussed 21

the gift ban guidance published by the Office of 22

Administration regarding frequently asked questions 23

and the Summary of Conference Travel and the Gift 24

Ban.] 25

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*** 1

[Wesley J. Rish, Esquire, reviewed the Pennsylvania 2

Sunshine Act and its requirements.] 3

*** 4

[Chairman Loiselle addressed a letter from the 5

Honorable Mark Mustio and Harry Readshaw of the 6

Professional Licensure Committee within the 7

legislature related to House Bill 100 and Senate Bill 8

25, concerning the expansion of the scope of practice 9

of the certified registered nurse practitioners 10

(CRNPs). 11

Chairman Loiselle noted a comment from 12

Commissioner Harlow to add this matter as an agenda 13

item to discuss in open session. Chairman Loiselle 14

requested Board Counsel summarize the proposed 15

language for future discussion. He noted that the 16

Board may or may not take a position on it, but that 17

the Board had been requested by legislature to provide 18

information relative to the proposed language in this 19

bill. 20

Chairman Loiselle discussed the FSMB Meeting, 21

noting it to be enlightening to discuss issues with 22

colleagues from other states and to learn of their 23

best approach to any particular topic related to the 24

practice of medicine. 25

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Mr. Rish discussed Senate Bill 25 and House Bill 1

100. He stated, under existing legislation, a 2

certified nurse practitioner can practice under a 3

collaborative agreement with a supervising physician. 4

He stated the proposed legislation, Senate Bill 25 and 5

House Bill 100, would eliminate the requirement of the 6

collaborative agreement with physicians after 3 years 7

of practice and 3600 hours under a collaborative 8

agreement. He explained that the reason sponsors have 9

proposed this legislation was that over one-third of 10

Pennsylvanians live in an area where population grew, 11

hence developing a lack of primary care access. 12

Mr. Rish stated there are not enough physicians 13

practicing in smaller communities and that research 14

suggests nurse practitioners could fill this need. 15

Pennsylvania could join the national trend to bring 16

Pennsylvania’s Professional Nursing Law in line with 17

the nation. Mr. Rish explained that the proposed 18

legislation actually amends the Professional Nursing 19

Law, rather than the Pennsylvania Medical Practice 20

Act. 21

Mr. Rish noted that Commissioner Harlow’s office 22

was working with the Office of Public Health and the 23

Department of Labor and Industry to develop a survey 24

to send out to its physicians working with nurse 25

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practitioners. 1

Chairman Loiselle questioned whether this would 2

separate the CRNP from physician oversight as it 3

currently exists. Mr. Rish stated the information 4

would be gathered in the email from Commissioner 5

Harlow’s office. Mr. Rish informed the Board that 6

legislation would still require a collaborative 7

agreement for a minimum of 3 years and 3600 hours, 8

then a nurse practitioner could begin practicing 9

independently. 10

Chairman Loiselle questioned whether individuals 11

could open their own medical practice in these 12

underserved areas and if it applied only to the 13

underserved areas or would this be statewide. Mr. 14

Rish commented that this would be statewide and would 15

not be an unregulated practice of medicine. Nurse 16

practitioners are regulated by the State Board of 17

Nursing, and they would have to comply with the 18

Professional Nursing Law and the regulations. He 19

stated the nurse practitioners could independently 20

practice without a collaborative agreement at that 21

point in time but would be required to obtain their 22

own malpractice. 23

Mr. Siget, Legislative and Regulatory Counsel, 24

Pennsylvania Medical Society, commented that 25

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individuals would be required to obtain their own 1

separate malpractice insurance. 2

Dr. Cummings discussed his experience with 3

teaching and working with physician assistants (PAs) 4

and nurse practitioners for 25 years. Dr. Cummings 5

stated the three years of extra time must be through 6

diligent work to get to the period of practicing by 7

themselves. 8

Chairman Loiselle commented on the lack of care 9

due to not having access to a certified physician or a 10

qualified medical professional in cities or heavily 11

populated areas. 12

Mr. Siget commented that the bill should cover 13

statewide and not only in underserved areas. He also 14

stated that the bill related to CRNPs only. 15

Mr. Mitchell noted concerns regarding a 16

collaborative agreement and the supervisory position. 17

Mr. Siget explained that the bill does not 18

provide for a formal residency requirement. He 19

defined it as a 3 year and 3600-hour collaborative 20

agreement with a physician or a medical facility that 21

must certify that the individual met the requirements 22

of the 3 years and 3600 hours to the State Board of 23

Nursing before being approved for independent 24

practice. 25

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Mr. Kovach discussed the CRNP practice being 1

certified and limited to one particular practice area. 2

He noted that an individual would need additional 3

education and experience in order to practice in 4

another area. 5

Chairman Loiselle noted that the regulation 6

changes the nursing regulation, and by extension, 7

there was language that supersedes the Board of 8

Medicine. Mr. Siget explained that it supersedes the 9

medical staff requirements and such as set by the 10

Department of Health & Human Services and Insurance 11

Department. 12

Mr. Rish clarified that the language actually 13

abrogates the business corporation law. This 14

legislation would permit nurse practitioners to form 15

professional corporations with osteopathic physicians 16

and allopathic physicians. Mr. Siget noted that half 17

of the states have full or reduced practice. He 18

stated most states have the regulations under the 19

State Board of Nursing, but there are some states that 20

have both the State Board of Nursing and State Board 21

of Medicine having dual oversight. 22

Mr. Siget stated PAs are a separate bill and are 23

under supervisory agreements. He explained that those 24

bills relate to patient record reviews for physicians 25

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and the changing of the makeup of the State Board.] 1

*** 2

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 3

10:33 a.m. the Board entered into Executive Session 4

with Peter D. Kovach, Esquire, Board Counsel, and 5

Wesley J. Rich, Esquire, Board Counsel, for the 6

purpose of conducting quasi-judicial deliberations and 7

to receive legal advice from Board Counsel. The Board 8

returned to open session at 1:37 p.m.] 9

*** 10

MOTIONS 11

MR. RISH: 12

The Pennsylvania State Board of Medicine 13

held an Executive Session to conduct 14

quasi-judicial deliberations regarding 15

the following matters: 16

The first matter was File No. 18-17

49-00559. This was a Probable Cause 18

matter. Mr. Loiselle, Mr. Mitchell, and 19

Dr. Castle did not participate in 20

Executive Session deliberations. 21

Based upon Executive Session 22

deliberation, I understand that the 23

Board would entertain a motion approving 24

the Consent Agreement and Order. 25

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DR. MORAN: 1

I move to approve. 2

DR. CUMMINGS: 3

Second. 4

CHAIRMAN LOISELLE: 5

Dr. Moran moved. Dr. Cummings seconded. 6

All in favor? Any opposed? 7

[The motion carried. Mr. Loiselle, Mr. Mitchell, and 8

Dr. Castle recused from deliberations and voting on 9

the motion. The Respondent's name is Richard Edward 10

Huskey, M.D.] 11

*** 12

MR. RISH: 13

The next matter was Item No. 3. It’s 14

File Nos. 17-49-03597 and 17-49-13950. 15

Based upon discussions in Executive 16

Session, I understand the Board would 17

entertain a motion approving the Consent 18

Agreement and Order. 19

DR. CASTLE: 20

So moved. 21

MR. MITCHELL: 22

Second. 23

CHAIRMAN LOISELLE: 24

Dr. Castle moves. Mr. Mitchell seconds. 25

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All in favor? Any opposed? 1

[The motion carried unanimously. The Respondent's 2

name is Mitchell Simon Finkel, M.D.] 3

*** 4

MR. KOVACH: 5

The next matter on the agenda is Item 6

No. 4. It’s File No. 17-49-11830. 7

Based on the Board’s discussions in 8

Executive Session, I believe the Board 9

Chair would accept a motion to approve 10

the Consent Agreement in that matter. 11

MR. MITCHELL: 12

So moved. 13

DR. CASTLE: 14

Second. 15

CHAIRMAN LOISELLE: 16

Mr. Mitchell moves. Dr. Castle seconds. 17

All in favor? Any opposed? 18

[The motion carried unanimously. The Respondent's 19

name is John R. Sebastianelli, M.D.] 20

*** 21

MR. RISH: 22

The next matter is Item No. 5. It’s 23

File No. 17-49-06684. 24

Based upon discussions in Executive 25

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Session, I understand that the Board 1

Chair would entertain a motion approving 2

the Agreement and Order. 3

DR. CASTLE: 4

So moved. 5

DR. CUMMINGS: 6

Second. 7

CHAIRMAN LOISELLE: 8

Dr. Castle moves. Dr. Cummings seconds. 9

All in favor? Any opposed? 10

[The motion carried unanimously. The Respondent's 11

name is Alison K. Barnett, M.D.] 12

*** 13

MR. RISH: 14

The next matter is Item No. 6 and Item 15

No. 7 on the Board’s agenda. It’s VRP 16

File No. 18-49-02104 and VRP File No. 17

18-49-02744. 18

Based upon discussions in Executive 19

Session, I understand that the Board 20

Chair would entertain a motion approving 21

both VRP Agreements and Orders. 22

MR. MITCHELL: 23

So moved. 24

DR. MORAN: 25

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Second. 1

CHAIRMAN LOISELLE: 2

Mr. Mitchell moves. Dr. Moran seconds. 3

All in favor? Any opposed? 4

[The motion carried unanimously.] 5

*** 6

MR. KOVACH: 7

The next matter, skipping down to No. 8

15. It’s the matter of the Petition for 9

Reinstatement of the License to Practice 10

as a Medical Physician and Surgeon filed 11

by Reed Sterling Oxman, M.D., File No. 12

17-49-11435. 13

Based on the Board’s discussions in 14

Executive Session, I believe the Board 15

Chair would accept a motion to approve 16

as final the draft Adjudication and 17

Order in that matter. 18

DR. CUMMINGS: 19

So moved. 20

DR. LOSEE: 21

Second. 22

CHAIRMAN LOISELLE: 23

Dr. Cummings moves. Dr. Losee seconds. 24

All in favor? Any opposed? 25

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[The motion carried unanimously.] 1

*** 2

MR. RISH: 3

The next matter is Item No. 16. It’s 4

File No. 17-49-07209. It’s in the 5

matter of the Petition for Reinstatement 6

of the Licensee to Practice Medicine and 7

Surgery of David Michael Censits, M.D. 8

Based upon the discussions in 9

Executive Session, I understand that the 10

Board Chair would entertain a motion 11

directing Counsel to draft a Memorandum 12

Order adopting the Hearing Examiner’s 13

Proposed Adjudication and substituting a 14

Board Order. 15

MR. MITCHELL: 16

So moved. 17

DR. CASTLE: 18

Second. 19

CHAIRMAN LOISELLE: 20

Mr. Mitchell moves. Dr. Castle seconds. 21

All in favor? Any opposed? 22

[The motion carried unanimously.] 23

*** 24

MR. RISH: 25

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The next matter was Item No. 17. It’s 1

File No. 17-49-02593, the Commonwealth 2

vs. Jeffrey Lynn Harrell, M.D. 3

Based upon discussions in Executive 4

Session, I understand that the Board 5

Chair would entertain a motion adopting 6

the Hearing Examiner’s Adjudication and 7

Order as the final order of the Board. 8

DR. LOSEE: 9

So moved. 10

DR. CASTLE: 11

Second. 12

CHAIRMAN LOISELLE: 13

Dr. Losee moves. Dr. Castle seconds. 14

All in favor? Any opposed? 15

[The motion carried unanimously.] 16

*** 17

MR. RISH: 18

The next matter was Item No. 18. It’s 19

File No. 16-49-01119, the Commonwealth 20

vs. Frederick D. Burton, M.D. 21

Based upon discussions in Executive 22

Session, I understand that the Board 23

Chair would entertain a motion directing 24

Board Counsel to draft a Memorandum 25

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Order adopting the Adjudication and 1

substituting and Board Order. 2

DR. CASTLE: 3

So moved. 4

MR. MITCHELL: 5

Second. 6

CHAIRMAN LOISELLE: 7

Dr. Castle moves. Mr. Mitchell seconds. 8

All in favor? Any opposed? 9

[The motion carried unanimously.] 10

*** 11

MR. RISH: 12

The next matter is Item No. 19. It’s 13

File No. 17-49-13234, the Commonwealth 14

vs. Craig Robert Bardell, M.D. 15

Based upon discussions in Executive 16

Session, I understand that the Board 17

Chair would entertain a motion directing 18

Board Counsel to draft a Memorandum 19

Order substituting a Board Order. 20

DR. MORAN: 21

So moved. 22

DR. CASTLE: 23

Second. 24

CHAIRMAN LOISELLE: 25

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Dr. Moran motions. Dr. Castle seconds. 1

All in favor? Any opposed? 2

[The motion carried. Mr. Mitchell abstained from 3

voting on the motion.] 4

*** 5

[Molly Smith, Administrative Officer, Bureau of 6

Professional and Occupational Affairs, entered the 7

meeting at 1:41 p.m.] 8

*** 9

MR. RISH: 10

The next matter is Item No. 20. It’s 11

File No. 16-49-06850, the Commonwealth 12

vs. Tunde Tolani Tijani, M.D. This was 13

a Probable Cause matter. Dr. Castle, 14

Mr. Loiselle, and Board Counsel, Peter 15

Kovach recused themselves and did not 16

participate in Executive Session 17

deliberation. 18

Based upon discussions in Executive 19

Session, I understand the Board would 20

entertain a motion adopting the hearing 21

examiner’s Adjudication and Order as the 22

Final Order of the Board. 23

DR. LOSEE: 24

So moved. 25

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DR. MORAN: 1

Second. 2

MR. RISH: 3

Dr. Losee moves. Dr. Moran seconds. 4

All in favor? Any opposed? 5

[The motion carried. Dr. Castle, Mr. Loiselle, and 6

Mr. Kovach recused from deliberations and voting on 7

the motion.] 8

*** 9

MR. RISH: 10

The next matter is Item No. 21. This is 11

the Commonwealth vs. Steven Rodger 12

Growney, M.D., File No. 15-49-12525. 13

This is also a Probable Cause matter. 14

Mr. Loiselle and Dr. Castle recused 15

themselves along with Board Counsel, 16

Peter Kovach, and they did not 17

participate in the Executive Session 18

deliberations. 19

Based upon discussions in Executive 20

Session, I understand that the Board 21

would entertain a motion adopting the 22

hearing examiner’s Adjudication and 23

Order as the Final Order of the Board. 24

MR. MITCHELL: 25

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So moved. 1

DR. LOSEE: 2

Second. 3

MR. RISH: 4

Mr. Mitchell moves. Dr. Losee seconds. 5

All in favor? Any opposed? 6

[The motion carried. Dr. Castle, Mr. Loiselle, and 7

Mr. Kovach recused from deliberations and voting on 8

the motion.] 9

*** 10

MR. KOVACH: 11

The next matter on the agenda is No. 22. 12

It’s the Commonwealth of Pennsylvania 13

Bureau of Professional and Occupational 14

Affairs vs. Susan B. Reamer, LRT, LPN 15

aka Susan B. Varriano, LRT, LPN. 16

This also involved Probable Cause, 17

Mr. Loiselle and Dr. Castle having 18

recused themselves from Executive 19

Session regarding this matter, File No. 20

17-49-02438. 21

Based on the Board’s discussions in 22

Executive Session, I believe the Board 23

would approve a motion to adopt as final 24

the draft Adjudication and Order in that 25

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matter with corrections related to the 1

name of the Board Chair and dates. 2

MR. MITCHELL: 3

So moved. 4

DR. MORAN: 5

Second. 6

MR. KOVACH: 7

Mr. Mitchell moves. Dr. Moran seconds. 8

All those in favor? Any opposed? 9

[The motion carried. Dr. Castle and Mr. Loiselle 10

recused from deliberations and voting on the motion.] 11

*** 12

[Molly Smith, Administrative Officer, Bureau of 13

Professional and Occupational Affairs, exited the 14

meeting at 1:46 p.m.] 15

*** 16

MR. RISH: 17

The next matter is Item No. 23. It was 18

an application for an Initial 19

Unrestricted License of Ahmad Mohammad 20

Hamzah, M.D. Dr. Hamzah has withdrawn 21

his application, so that does not 22

require a vote. 23

*** 24

MR. RISH: 25

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The next matter is items 24, 25, and 26. 1

It’s the Application for Initial 2

Unrestricted License to Practice 3

Medicine and Surgery of Terek Alasil, 4

M.D.; Robert Kamholtz, M.D.; and Kevin 5

Whaley, M.D. 6

Based upon discussions in Executive 7

Session, I understand the Board Chair 8

would entertain a motion approving the 9

applications. 10

DR. CUMMINGS: 11

So moved. 12

DR. MORAN: 13

Second. 14

CHAIRMAN LOISELLE: 15

Dr. Cummings moves. Dr. Moran seconds. 16

All in favor? Any opposed? 17

[The motion carried unanimously] 18

*** 19

MR. RISH: 20

The next matter on the Board’s agenda is 21

Item 27. It’s a Request for 22

Reconsideration and Application for 23

Licensure by Endorsement of Omar Nady 24

Ghosnn, M.D. 25

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Based upon discussions in Executive 1

Session, I understand the Board Chair 2

would entertain a motion directing the 3

Board Administrator to send the standard 4

institutional application letter. 5

DR. CASTLE: 6

So moved. 7

DR. LOSEE: 8

Second. 9

CHAIRMAN LOISELLE: 10

Dr. Castle moves. Dr. Losee seconds. 11

All in favor? Any opposed? 12

[The motion carried unanimously] 13

*** 14

MR. KOVACH: 15

The next matter is No. 28 on the agenda, 16

the Initial Unrestricted License by 17

Endorsement Application of Nir Shimony, 18

M.D. 19

Based on the Board’s discussions in 20

Executive Session, I believe that the 21

Board Chair would accept a motion 22

approving the application in that 23

matter. 24

MR. MITCHELL: 25

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So moved. 1

DR. CUMMINGS: 2

Second. 3

CHAIRMAN LOISELLE: 4

Mr. Mitchell moves. Dr. Cummings 5

seconds. All in favor? Any opposed? 6

[The motion carried unanimously] 7

*** 8

MR. KOVACH: 9

The next matter is No. 29, the Initial 10

Unrestricted License Application by 11

Endorsement of Sreenivasulu Metikala, 12

M.D. 13

Based on the Board’s discussions in 14

Executive Session, I believe that the 15

Board Chair would accept a motion 16

tabling the application and directing 17

the Board Administrator to issue the 18

standard institutional letter. 19

DR. CASTLE: 20

So moved. 21

DR. LOSEE: 22

Second. 23

CHAIRMAN LOISELLE: 24

Dr. Castle moves. Dr. Losee seconds. 25

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All in favor? Any opposed? 1

[The motion carried unanimously] 2

*** 3

MR. KOVACH: 4

The next matter is No. 30, the Initial 5

Prosthetist and Orthotist License by 6

Endorsement application filed by Timothy 7

Samuel Riordan. 8

Based on the Board’s discussions in 9

Executive Session, I believe the Board 10

Chair would accept a motion approving 11

that application. 12

MR. MITCHELL: 13

So moved. 14

DR. LOSEE: 15

Second. 16

CHAIRMAN LOISELLE: 17

Mr. Mitchell moves. Dr. Losee seconds. 18

All in favor? Any opposed? 19

[The motion carried unanimously] 20

*** 21

MR. KOVACH: 22

Number 31 on the agenda is the Initial 23

Physician Assistant License by 24

Endorsement application filed by Dion 25

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Michelle Pastick, PA-C. 1

Based on the Board’s discussions in 2

Executive Session, I believe the Board 3

Chair would accept the motion approving 4

that application. 5

DR. LOSEE: 6

So moved. 7

DR. CUMMINGS: 8

Second. 9

CHAIRMAN LOISELLE: 10

Dr. Losee moves. Dr. Cummings seconds. 11

All in favor? Any opposed? 12

[The motion carried unanimously] 13

*** 14

MR. KOVACH: 15

The last matter, No. 32, the 16

Reconsideration of the Reactivation for 17

a Physician and Surgeon License 18

Active/Retired filed by 19

Paul Scoles, M.D. 20

Based on the Board’s discussions in 21

Executive Session, I believe the Board 22

Chair would accept a motion approving 23

that application. 24

DR. CUMMINGS: 25

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So moved. 1

DR. MORAN: 2

Second. 3

CHAIRMAN LOISELLE: 4

Dr. Cummings moves. Dr. Moran seconds. 5

All in favor? Any opposed? 6

[The motion carried unanimously] 7

*** 8

Miscellaneous 9

[Chairman Loiselle discussed reestablishing and 10

redefining the committees at a meeting immediately 11

following the full Board meeting on June 19, 2018. 12

Mr. Kovach reported on the naturopathic 13

regulations. He noted that the legislation originally 14

written was a full licensure act, but that parts were 15

taken out to turn it into a registration act. He 16

explained that part of the legislation that was 17

removed related to the scope of practice, but that the 18

legislation kept in violations for practicing outside 19

the scope of the registration and failing to comply 20

with the standard of care. The Board will need to 21

consider whether it is necessary to create a scope of 22

practice for naturopathic doctors in the regulation. 23

He anticipates a disagreement on how to proceed in 24

terms of the regulations. 25

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Chairman Loiselle thanked the audience and Board 1

members. He also thanked the new Board members and 2

looked forward to Dr. Barbara Ostrov's attendance at 3

the next meeting.] 4

*** 5

Adjournment 6

CHAIRMAN LOISELLE: 7

The meeting is adjourned. 8

[There was no second to the motion.] 9

*** 10

[There being no other business, Chairman Loiselle 11

adjourned the State Board of Medicine Meeting at 1:59 12

p.m.] 13

*** 14

15

16

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1

CERTIFICATE 2

3

I hereby certify that the foregoing summary 4

minutes of the State Board of Medicine meeting, was 5

reduced to writing by me or under my supervision, and 6

that the minutes accurately summarize the substance of 7

the State Board of Medicine meeting. 8

9

10

11

12

Haley J. Neumeister, 13

Minute Clerk 14

Sargent’s Court Reporting 15

Service, Inc. 16

17

18

19

20

21

22

23

24

25

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STATE BOARD OF MEDICINE 1 REFERENCE INDEX 2 May 15, 2018 3

4 TIME AGENDA 5 6 9:00 Official Call to Order 7 8 9:01 Introduction of Audience Members 9 10 9:02 Roll Call 11 12

9:03 Approval of Minutes 13 14 9:10 Report of Prosecutorial Division 15 16 9:11 For the Board’s Information 17 18 9:37 Report of Vice Chairman 19 20 9:46 Report of Board Chair 21 22 9:52 Report of Board Counsel 23 24 9:53 For the Board’s Information (Continued) 25 26

10:33 Executive Session 27 28 1:37 Return to Open Session 29 30 1:37 Motions 31 32 1:55 Miscellaneous 33 34 1:59 Adjournment 35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50