Oregon Medical Board - Board Action Report May 15, 2008

Oregon Medical Board BOARD ACTION REPORT

April 16, 2008 – May 15, 2008 The information contained in this report summarizes new interim and final actions taken by the Oregon Medical Board between April 16, 2008 - May 15, 2008. Scanned copies of Interim Stipulated Orders, Orders of Emergency Suspension, Stipulated Orders, Final Orders, Termination Orders, Modification Orders and Voluntary Limitations are included at the end of this report in the order that they appear in the report. These orders are marked with an * asterisk. Scanned copies of Corrective Action Orders are not posted as they are not disciplinary action and impose no practice limitations. Complaint and Notices of Proposed Disciplinary Action are not listed in this report as they are not final actions by the Board. Both Orders, however, are public and are available upon request as described below. Printed copies of the Board Orders listed below are available to the public. To obtain a printed copy of a Board Order, please complete a service request form on the Board's web site, submit it with the $10.00 fee per licensee and mail to:

Oregon Medical Board 1500 SW 1st Ave, Ste 620

Portland, OR 97201 Copies of the Orders listed below are mailed to Oregon hospitals where the Licensee had self-reported that he/she has privileges. _____________________________________________________________________________ *GUERREIRO, John Palma, MD; MD26933; Portland, OR Licensee entered into an Interim Stipulated Order with the Board on May 8, 2008. In this Order Licensee agreed to the following terms pending the conclusion of the Board's investigation into Licensee's ability to safely and competently practice medicine: Will not see/treat femalepatients 18-years-of-age or older without a clinically trained chaperone; have no social contact with female patients or their immediate family members outside of the clinical setting; and pre-approved practice settings by the Board's Medical Director. *JACKSON, Kathleen Anne, MD; MD17495; Cottage Grove, OR Licensee entered into an Interim Stipulated Order with the Board on May 8, 2008. In this Order, Licensee agreed to withdraw from practice pending the conclusion of the Board's investigation into her ability to safely and competently practice medicine. This Order became effective on April 7, 2008, the date the Licensee signed the Order. MASLONA, Andrew Rowe, MD; MD28259; Coos Bay, OR Licensee entered into a Corrective Action Order with the Board on April 16, 2008. In this Order, Licensee agreed to remain in good standing with the Health Professionals Program and to obtain a practice mentor who shall provide quarterly progress reports to the Board. Licensee will provide a copy of this Order to the Medical Director of any health care facility where he is employed or where he provides medical care to patients. This is not a disciplinary action.

Oregon Medical Board - Board Action Report May 15, 2008

*MATTHEWS, JAMES MICHAEL, MD; MD16811; Sherwood, OR Licensee entered into a Stipulated Order with the Board on May 8, 2008. In this Order Licensee agreed to the following terms: Minimum of five years probation w/quarterly reports to the Board; reprimand; no self-prescribing/medicating; may not have medication samples at any practice site; maintain compliance with the Health Professionals Program; remain under care of mental health professional; and terminates Licensee's May 8, 2007 Interim Stipulated Order. *MAUL, Casey Jacob, PA; PA00970; Reedsport, OR Licensee entered into a Stipulated Order with the Board on May 8, 2008. This Order grants Licensee an active license status under the following conditions: Licensee must work under "General Supervision" as defined in OAR 847-050-0010(8)(b); Licensee may prescribe medications only to patients seen in the course of his professional practice; Board approved supervising physicians must submit quarterly reports to the Board; Licensee shall meet in person with Board approved supervising physicians; may not prescribe for family and friends; must provide a copy of this Order to all supervising physicians. *MICK, ALFRED MARK, MD; MD07530; CLACKAMAS, OR The Board issued an Order Terminating Stipulated Order on April 11, 2008. This Order terminates Licensee's April 17, 2003 Stipulated Order, effective April 17, 2008. *NEITLING, Stanley Joseph, MD; MD13059; Tillamook, OR Licensee entered into a Stipulated Order with the Board on May 8, 2008. In this Order Licensee agreed to surrender his Oregon medical license while under investigation. NYQUIST, Theodore Thorsten, MD; MD18091; McMinnville, OR The Board issued an Order Terminating Corrective Action Order on May 8, 2008. This Order terminates Licensee's August 2, 2007 Corrective Action Order. _____________________________________________________________________________ If you have any questions regarding this service, please call the Board at (971) 673-2700 or toll-free within Oregon at (877) 254-6263.

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

L

The Oregon Medical Board (Board) is the state agency responsible fo.li

regulating and disciplining ce.tain health care providers, including physicians, in the

Oregon. John Palma Gueneiro, MD (Licensee) is a licensed physician in the state of

holds an active medical license.

2.

Licensee has a family medicine practice in the Portland Mefopolitan A.ea,

Board received credible infomation that resulted in an investiqation ofLicensee.

In the Matter of

JOHN PALMA GUERREIRO, MDLTCENSE NO MD26933 )

Licensee will not see a f'emale patient 18-years-of-age or older in any

3.

In order to address the concems ofthe Board, Licensee and the Board agree t

this Interim Stipulated Order, which provides that Licensee shall comply with the fdl

conditions:

3.1

without a medically tained chaperone being present throughout the

clinical interaction. The presence ofthe chaperone will be immedi

in the patient chaft.

3.2 Licensee will avoid any social contact with female patients or the

member ofany patient outside of the clinical setting.

3.3 Licensee's practice settings must be pre-approved by the Board's

Page | - INTERIM STIPULATED ORDER John Palma Guerreiro, MD

of

gon and

gon. The

the entry of

ng

ical setting

of the

family

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IT IS SO STIPULATED THIS IT4 day

IT IS SO ORDERED THIS

Page 2 INTERIM STIPULATED ORDER - John Palma Gueneiro, MD

3 4 Licensee understands that violating any term ofthis Order may be gro

disciplinary action under ORS 677.190 (18)

3 5 Licensee understands this Order becomes effective the date he signs it.

4.

At the conclusion ofthe Board's investigation, the restrictions placed on Lic see will be

reviewed in an expeditious manner. If the Board detemines, following that review, these

restrictions shall not be lifted, Licensee may request a hearing to contest that decrsr

5

This order is issued by the Board pursuant to ORS 677.420 (1) lor the purpo ofmaking a

r conduct ofcomplete investigation in order to fully inform itselfwith respect to the pefbmance

the Licensee and Licensee's ability to safety and competently practice medicine t to ORS

677.425, Board investigative materials are confidential and shall not be subject to

disclosure, nor shall they be admissible as evidence in any judicial proceeding. Hq

stipulation this Order is a public document.

of frf", I ,2008.

O, MD

8\^,.r -441a4 .2008.-'-TOREGON MEDICAL BOARDState ofOregon

PALMA GUER

PAT1RICIA SMITH, PUBLICBOARD CHAIR

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2.

BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

ln the Matter of

KATHLEEN ANNE JACKSON, MDLICENSE NO MD17495

t.

The Oregon Medical Board (Board) is the state agency responsible for licen

regulating and disciplining certain health care providers, including physicians, in the

Oregon. Kathleen Anne Jackson, MD (Licensee) is a licensed physician in the state

3.

ln order to address the concems ofthe Board, Licensee

ofthis Interim Stipulated Order, which provides that Licensee

INTERIM STIPULATED ORD

and the Board agree

shall comply with the

On April 2, 2008, the Board began an investigation ofLicensee after receiv

that Licensee is out ofcompliance with her agreement with the Health Professionals

Based on this notification, the Board has concems about the Licensee's ability to

gompetently practice medicme.

conditions:

3.1 Licensee voluntadly withdraws from the practice ofmedicine and

placed in lnactive status pending the completion ofthe Board's investigation into

safely and competently practice medicine.

3.2 This Order becomes effective the date it is signed by Licensee

3.3 Licensee understands that violating any term ofthis Order will be

disciplinary action under ORS 677.190(18).

Page -l INTERIM STIPULATED ORDER - Kathlecn Anre Jackson, MD

state of

fOregon.

a report

gram.

y and

the enty

following

license is

ability to

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PaCe -2 INTERIM STIPULATED ORDER Kathlccn Anne Jackson, MD

4.

At the conclusion ofthe Board's investigation, Licensee's status will be re ln an

expeditious nanner. Ifthe Board determines, following that review, that Licensee

pemitted to retum to the practice ofmedicine, Licensee may request a headng to

decision.

5

This order is issued by the Board purcuant to ORS 677.265(2) for the

ofprotecting the public, and making a complete investigation in order to fully in

respect to the perfo.mance or conduct ofthe Licensee and Licensee's ability to

competently practice medicine. Pursuant to ORS 677.425, Board investigative

confidential and shall not be subject to public disclosure, nor shall they be admissr

evidence in anyjudicial proceeding. However, as a stipulation this order is a publ

Ir IS so srrpulArEo rnrs / day o r h4 ,zoot.

KATHLEEN

ltlssooRDERED rats Tlauor th<X'</f .2008.

State of OregonOREGON MEDICAL BOARD

I not be

that

itself with

and

ials are

as

ACKSON,

PA CIA SMITHBoard Chair

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

ln the Matter of

JAMES MICHAEL MATTHEWS, MDLICENSE NO. MDI6811

)))))

t.

STIPULATED ORDER

The Oregon Medical Board (Board) is the state agency responsible for licens

regulating and disciplining certain health care providers, including physicians, in the

Oregon. James Michael Matthews, MD (Licensee) is a licensed physician in the stale

2.

The Board proposed taking disciplinary action pursuant to ORS 677.205

for violations ofthe Medical Practice Act, to wit: ORS 677.190(1)(a) unprofessionall

dishonorable conduct, as defined in ORS 677.188(4Xa), and ORS 677.190(7) habitupl

excessive use ofintoxicants, drugs o. controlled substances.

3.

The acts and conduct alleged to violate the Medical Practice Act are:

Licensee enrolled in a voluntary monitoring agreement with the Board's

Professionals Program (HPP) on March 24,2005. Over the course ofthe next two

Licensee was evaluated at two highly respected multidisciplinary diagnosis and

that diagnosed Licensee as opioid dependent. Licensee disputes this diagnosis aad

a diagnosis ofopioid abuse is accuate. Licensee's history includes selfprescribing

divertins controlled substances from his practice location for his own use, to i

hydrocodone cough syrup (Schedule III), as well as tramadol (Jltam), and

Urine drug screen tests conducted on Licensee tested positive for hydrocodone in O

(associated with an unreported p.escription for Vicodin after knee surgery), for

PAGEI - STIPULATED O.RDEt - James Michael Matthews, MD

ln

of

f Oregon.

Licenseg

(Pa,ril).

2005

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March 2006, and for ephedrine/phenylpropanolamine in January 2007. Licensee was

aom HPP in ADril 2007 for beins unsuitable for continued DarticiDation in HPP duo

5.4

continued denial ofhis substance abuse and dependence. Per ORS 677.645(2), HPP

Licensee's discharge to the Board.

4.

License and the Board desire to settle this matter by enty ofthis Stipulated

Licensee understands that he has the rieht to a contested case hearing under the Admi

Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally

right to a contested case hearing and any appeal therefrom by the signing ofand

Order in the Board's records. Licensee admits that he engaged in the conduct descn

paragraph 3 and stipulat€s that this conduct violated ORS 677.190(l)(a) unprofessr

dishonomble conduct, as defined in ORS 677.188(4)(a) and ORS 677.190(7) habitual

excessive use of intoxicants, drugs or controlled substances.

5.

Licensee and the Board agree to resolve this matter by the entry ofthis

subject to the following sanctions and terms ofprobationl

5.1 Licensee is reprinanded.

5.2 Licensee is placed on probation for a minimum offive years and shall

pemon to the Board at each ofits quarterly meetings at the scheduled

prcbation interyiew, unless otherwise dirccted by the Board.

Licensee will not selfprescribe or selfmedicate.

Licensee is prohibited from having medication samples at any pmctide

that he owns or supervises, to include the Sherwood Urgent Care

will not make use ofmedication samples for any pulpose.

5.5 Licensee will remain enrolled in good standing and in full compliance

Board's Health Professional's Program (HPP). Licensee will at all ti

a signed release with HPP that permits full and unrestricted communi

PAGE 2 - STIPULATED ORDER James Michael Matthews- MD

maintain

his

ives his

ofthis

ln

ln

for a

on

Licensee

the

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IT IS SO ORDERED this

PAGE3 - STIPUL,/ITED ORDER - James Michae I Matthews, MD

between IIPP and the Board's compliance staff Any report fiom HP

Licensee is noncompliant with the tems of his contract with HPP will

presumption that Licensee is not safe to practice medicine.

Licensee will remain under the care ofa mental health care Drofessi

(psychiatrist orpsychologist) who is pre-approved by the Board's

Director. The mental health care professional will monitor Licensee

duration ofhis probation and will submit quarterly $Titten reports to

al

tne

Board.

that

2008.

Licensee will sign the necessary releases to allow communication b een the

Licensee's May 8, 2007 Interim Stipulared Order will be terminated e

date this Order is simed bvthe Board Chair.

LiceNee undeGtands that this Order is a public record and is a discip

that is reportable to the National Practitioner Data Bank.

Licensee sha1l obey all federal and Oregon laws and regulations

practice ofmedicine.

5.10 Licensee stipulates and agrees that any violation ofthe terms ofthis

be grounds for furdrer disciplinary action under ORS 677.190(18).

lT lS SO STTPULATED rhis

- 9<9 6utol

MICHAEL MATTHEWS,

Board and the mental health care professional.

8+t day of

ORECON MEDICAL BOARD

PATRICIA L. SMITHBoard Chair

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter of

CASEY J, MAUL, PALICENSE NO. PAOOgTO

))) STIPULATED ORDER))

l.

The Oregon Medical Board is the state agency responsible for licensing, re

disciplining certain health care providers, including physician assistants, in the state

Casey J. Maul, PA (Licenseel is a licensed inactive physician assistant in the state of

2.

Licensee was issued an Oregon license to practice as a physicial assistant oh

2004, but pmcticed in Va[couver Washington. His license became inactive in

February of2005 when he resigned his employment and was then terminated by hi3

physician. Licensee subsequently moved to Louislana.

The Washington Medical Quality Assurance Commission (MQAC)

investigation into Licenseds practice and initiated disciplinaly proceedings. In N

2006, Licensee entered into a stipulated order with MQAC, with findings, that li

engaged in unprofessional conduct by prescribing of controlled substances to family

without keeping appropriate medical records. The Washington order placed several

on the license ofLicensee, who now requests that the Board re-activate his Oregon li

3.

Licensee and the Board desire to settle this matter by entry ofthis Stipulated

Licensee understands that he has the rieht to a contested case hearins under the

Procedures Act (chapter 183), Oregon Revised Statutes. Licensee fully and finally w

right to a contested case hearing and any appeal therefrom by the signing of and

PAGE I - STIPULATED ORDTR - Casev J. Maul- PA

ofttis

and

Oregon.

iu'l

ber of

had

friends

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Order in the Board's records. Licensee admits that he violated the Medical Practi

alleged in paragraph 2 by violating ORS 677 190(lxa), unprofessional or di le conduct,

as defined in ORS 677. 188(4)(ar. and ORS 677.1c0( lb) disciplinary acrion b) state of a

Practice

Act, and

purPose,

keeping

d Order.

47-050-

15 not On-

license to practice based upon acts by Licensee similar to acts described in the Medi

ORS 677.190(25) prescribing controlled substances without a legitimate m ical

without following accepted procedures for examination ofpatients or for

and without giving the required notice

4.

Licensee and the Board agree to resolve this matter by the entry ofthis Sti

The Board will grant Licensee an active license under the following terms and condi

4.1 Licensee shall work under "General Supervision" as defined in OAR

0010(8Xb). Geneml supervision means the supervising physician or designated

site with the physician assistant, but is available for direct communication, either in or bj

telephone, radio, radiotelephone, television or similar means.

4.2 Licensee may prescribe medications only to patients seen in the c ofhis

p.ofessional practice. Licensee shall not prescribe any medications without having patient

chad located at the practice location. Licensee shall document all patient care provi

patient chart with a Subjective, Objective, Assessment, and Plan (S O.A.P.) note or

format and shall include notations describing every medication prescribed.

in the

4 3 Licensee's Board approved superr ising phl sician at each \ ork sile s I provide

written quarterly repolts to the Board affiming Licensee's compliance with the te1mi and

conditions of this Order and that Licensee's work is consistent with his employers p licies ard

practrces.

4 4 Licensee shall meet in person with each ofhis Board approved supe islng

physicians to review the quality oflicensee's patient care and his compliance with t

or medical facility practice polices.

4 5 Licensee shall not prescribe for a family member or relative.

PAGE 2 - STIPULATED O-Rrtn Casev J. Maul. PA

e hospital

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PAGE 3 - STIPULATED O-RDER - Casev J Maul. PA

4.6 Licenseewill provide a cop) ol rhisorderroall ofhissupervisingph

agents. and the Ny'edical Direclor o[any ho.piral or medical tacilit) where he

4.7 Licensee's practice setting and patient records may be subject to

inspections by the Board's Compliance Officer or investigative staff to ensure

the tems of this Order.

4.9 Licensee will obey all federal and Oregon laws and regulations

practice ofmedicine.

4.10 Licensee stipulates and agees that any violation ofthe terms ofthis

grounds for further disciplinary action under ORS 67?.190(18).

5.

Licensee understands that this doctunent is a public record and is repotable

National Practitioners Databank. This Order becomes effective the date it is signed

Chair.

with

g to the

will be

the

the Board

Ir IS so sTIPULAT w tn* 2 ,{ a^y .r 4/1-,

Ir rS So oRDERED rhis t4 d^y { )WLq .20

OREGON MEDICAL BOARDState of Oregon

PA'TRICIA L. SMITHBoard Chair

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BEFORE THE

OREGON MEDICAL BOARD

STATE OF OREGON

In the Matter of:

ALFRED MARK MICK,LICENSE NO. MDO753O

))MD)))

ORDER TERMINATINGSTIPULATED ORDER

lOn April 17,2003 Alfred Mark Mick (Licensee) entered into a Stipulated Order with the

Oregon Medical Board (Board). This Order reprimanded Licensee, placed Licensee on five

years ofprobation and.equired Licensee to comply with various terms. On February 5, 2008,

Licensee submitted a written request to teminate this Order.

2.

Having fully considered Licensee's request and his compliarce \',/ith this Order, the

Board does hereby terminate the April 17, 2003 Stipulated Order, effective April 17, 2008.

lr lssooRDrRED ni, [fiusot A?4,LL .2008.

OREGON MEDICAL BOARDState of Oregon

PATRICIA L. SMITHBOARD CHAIR

Page -7 ORDER TERMINATING STIPULATED ORDER- Alfied Mark Mick, MD

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BEFORE THE

MEDICAL BOARD

STATE OF OREGON

In the Matter ol:

STANLEY JOSEPH NEITLING, MDLICENSE NO, MDI3O59

)))))

2.

STIPULATED ORDER

I

The Medical Board (Board) is the state agency responsible for licensing,

disciplining certain health care providers, including physicians, in the state of Orego4.

Joseph Neitling, MD (Licensee) is a licensed physician in the state oforegon.

On March 3, 2005, the Licensee entered into a Stipulated Order with the Board

required, among other obligations, that the Licensee participate in and fully comply

substance abuse recovery program under the auspices ofthe Oregon Health Profe

P.og.am (HPP).

On August 4, 2005, the Board initiated an jnvestigation due to Licensee's al

to comply with the HPP and other concems. On September 28, 2006, as a result ot i

obtained during this investigation and Licensee's involuntary hospitalization, the

Order ofEmergency Suspension suspending Licensee's medical license. Licensee's

license has remained suspended to date pursuant to that Order.

3.

In regards to the above referenced mafters, Licensee neither admits nor denies

of the Medical Practice Act, however the Board finds that Licensee has engaged in

does or might constitute a danger to the health or safery ofa patient or the public; or

condition which does or might impair a physician's ability to safely and skillfully

P AGE 1 - STIPULATED O_RD,R - Slanley Josenn ^"t,,tn*.

*,.r r* /rldg?r

any

that

and

tanley

failure

issued an

violation

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medicine, in violation ofORS 677.190(l) (a), as defined by ORS 677.188(4) (a);

compliance with a Board Order. in violation ofORS 677.190 (18). Licensee

has the right to a Contested Case hearing under the Administ.ative Procedues Act (C

183), Oregon Revised Statutes and fully and finally waives the right to a Contested

and any appeal therefrom by the signing ofand entry ofthis Order in the Board's

4

Licensee and the Board agree to close this invesdgation by entry ofthis Sti

in whioh Licensee surrenders his license to practice medicine in Orcgon while under

investigation. Licensee will abide by the following conditions:

4.1 By surrendering his license under investigation, Licensee understands tl

not practice any form ofmedicine in Oregon, whether paid or volunteer

defined in ORS 677.085.

Licensee stipulates and agrees that any violation ofthe terms ofthis

be grounds for further disciplinary action under ORS 677.190 (18).

?+- +Izbs'PAGE2 - STIPUL4TED OnDtR - Stanley Joseph Neitling, MD

hearing

he will

as

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t./iT iS SO STIPL'LATID rhii ,/ D d:ry cf

Stan

IT IS So ORDERED ttris 64

fl-4rlt n,*tQ Paor4" VA4"'*L'5'J4PAGE3 - STIPUI-1ITED OnDtn Stanley JosephNeitling. MD

5.

The terms ofthis Stipulated Order become effective on the date this Order is si

dre Boad Chair. Licensee also understands that this Order is a public record and is al

disciplinary action that is reportable to the National Practitioner Data Bank and the F

State Medical Boards.

Joseph

of

OREGON MEDICAL BOARDState of Oregon

PATRICIA L. SMITHBoard Chair