OPEN MINUTES
JULY 22-23, 2021 BOARD MEETING
THURSDAY, JULY 22, 2021:
MEMBERS PRESENT:
Warren Gall, M.D., Chair
Ronald Kolegraff, M.D., Vice-Chair
Nikhil Wagle, M.D., Secretary
Trudy Caviness
Diane Cortese
Patricia Fasbender, D.O.
Mary Jo Romanco
Joyce Vista-Wayne, M.D.
MEMBERS ABSENT: None
STAFF PRESENT:
Kent M. Nebel, J.D., Executive Director
Joseph A. Fraioli, J.D., Legal Director
Don J. Woodhouse, M.D., Medical Director
Anne Schlepphorst, Chief Investigator
Brandi Allen, Investigator
Dave McGlaughlin, Investigator
Jennifer Huisman, Investigator
Jerome Hill, Investigator
Laura Wood, Investigator
Michelle Delong, Investigator
Emily Zalasky, Monitoring Coordinator
Annie Hoffman, Licensure Director
Amanda Lockwood, Licensing Specialist
Cheryl Gravett, Licensing Specialist
Jaime Dunbar, Licensing Specialist
Melissa Nelsen, Licensing Specialist
Kari Rolls, Administrative Assistant
Kitty Moore, Enforcement Support
Anagha Dixit, Assistant Attorney General
Steven Ervin, Information Technology Support
At 11:24 a.m., Warren Gall, M.D., Chair, called the meeting to order.
At 11:24 a.m., on a motion by Mary Jo Romanco, seconded by Ronald Kolegraff, M.D., all members present voted to meet in closed session, pursuant to Iowa Code Sections 21.5(1)(a), 21.5(1)(d) and 21.5(1)(f), to review or discuss records which are required or authorized by state or federal law to be kept confidential, discuss the contents of a licensing examination or whether to initiate licensee disciplinary investigations or proceedings, and discuss the decision to be rendered in a contested case. Trudy Caviness, Diane Cortese, Patricia Fasbender, D.O., Warren Gall, M.D., Ronald Kolegraff, M.D., Mary Jo Romanco, Joyce Vista-Wayne, M.D., and Nikhil Wagle, M.D., all voted aye in a roll call vote to approve the motion.
Nikhil Wagle, M.D., left the meeting at 4:06 p.m.
Mary Jo Romanco left the meeting at 4:12 p.m.
At 4:35 p.m., Closed Session went to recess. The Closed Session resumed on Friday, July 23, 2021, at 8:28 a.m.
FRIDAY, JUNE 23, 2021:
MEMBERS PRESENT:
Warren Gall, M.D., Chair
Ronald Kolegraff, M.D., Vice-Chair
Nikhil Wagle, M.D., Secretary
Trudy Caviness
Diane Cortese
Patricia Fasbender, D.O.
Joyce Vista-Wayne, M.D.
MEMBERS ABSENT:
Mary Jo Romanco
STAFF PRESENT:
Kent M. Nebel, J.D., Executive Director
Joseph A. Fraioli, J.D., Legal Director
Don J. Woodhouse, M.D., Medical Director
Emily Zalasky, Monitoring Coordinator
Natalie Lyons, Iowa Physician Health Program Case Manager
Kari Rolls, Administrative Assistant
Kitty Moore, Enforcement Support
Anagha Dixit, Assistant Attorney General
Chrissy Greco, Assistant to Executive Director
Shantel Billington, Office Manager / Financial Manager
Closed Session resumed at 0:00 a.m.
At 8:29 a.m., all members present voted in favor of a motion by Warren Gall, M.D., seconded by Joyce Vista-Wayne, M.D., to meet in an open session.
At 8:30 a.m., on a motion by Ronald Kolegraff, M.D., seconded by Joyce Vista-Wayne, M.D., all members present voted to meet in closed session, pursuant to Iowa Code Sections 21.5(1)(a), 21.5(1)(d) and 21.5(1)(f), to review or discuss records which are required or authorized by state or federal law to be kept confidential, discuss the contents of a licensing examination or whether to initiate licensee disciplinary investigations or proceedings, and discuss the decision to be rendered in a contested case. Trudy Caviness, Diane Cortese, Patricia Fasbender, D.O., Warren Gall, M.D., Ronald Kolegraff, M.D., Joyce Vista-Wayne, M.D., and Nikhil Wagle, M.D., all voted aye in a roll call vote to approve the motion.
At 8:43 a.m., on a motion by Ronald Kolegraff, M.D., seconded by Joyce Vista-Wayne, M.D., all members present voted to meet in open session for the hearing of Dennis E. Colby, D.O.
PUBLIC SESSION:
At 12:32 p.m., Warren Gall, M.D., called the public session to order.
Roll call was taken. Mary Jo Romanco was absent.
Public in attendance:
Sherry Miller Marceau was in attendance, representing herself.
She recapped her concerns with the physician who is still practicing after being convicted of sexually assaulting her as a child. She reiterated that he lied on his application and was investigated by previous Medical Board members, from 1990-1994.
She said she is trying to follow the protocol for filing a complaint with the Board, but is getting frustrated since she hasn’t heard anything over the past year and pleaded with the Board to investigate her complaint. She told the Board that she is not going away and is begging the Board to take action on her complaint.
On a motion by Joyce Vista-Wayne, M.D., seconded by Patricia Fasbender, D.O., all members present voted to approve the agenda.
On a motion by Ronald Kolegraff, M.D., seconded by Trudy Caviness, all members present voted to approve the minutes for the June 3-4, 2021 Board Meeting and the June 24, 2021 Teleconference.
On a motion by Joyce Vista-Wayne, M.D., seconded by Warren Gall, M.D., all members present voted to approve the 2022 Fiscal Year Budget.
On a motion by Trudy Caviness, seconded by Ronald Kolegraff, M.D., all members present voted to approve the 2022 Fee Schedule.
On a motion by Ronald Kolegraff, M.D., seconded by Joyce Vista-Wayne, M.D., all members present voted to Adopt - HF 2589 Chronic Pain, PTSD Standards of Practice for CBD.
At 12:55 p.m., on a motion by Warren Gall, M.D., seconded by Ronald Kolegraff, M.D., all members present voted to meet in closed session, pursuant to Iowa Code Sections 21.5(1)(a), 21.5(1)(d) and 21.5(1)(f), to review or discuss records which are required or authorized by state or federal law to be kept confidential, discuss the contents of a licensing examination or whether to initiate licensee disciplinary investigations or proceedings, and discuss the decision to be rendered in a contested case. Trudy Caviness, Diane Cortese, Patricia Fasbender, D.O., Warren Gall, M.D., Ronald Kolegraff, M.D., Joyce Vista-Wayne, M.D., and Nikhil Wagle, M.D., all voted aye in a roll call vote to approve the motion.
At 1:10 p.m., while still in closed session, all members present voted in favor of a motion by Joyce Vista-Wayne, M.D., seconded by Ronald Kolegraff, M.D., to meet in an open session. In open session, the Board took the following actions:
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to accept the Licensure Committee Report and its recommendations.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to accept the Screening Committee Report and its recommendations.
On a motion by Ronald Kolegraff, M.D., seconded by Joyce Vista-Wayne, M.D., all Board members present voted to accept the Monitoring Committee Report and its recommendations.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to file Statement of Charges against Lynette I. Iles, M.D., files 02-2016-352 and 02-2019-554. Joyce Vista-Wayne, M.D., recused.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to accept the combined Statement of Charges and Settlement Agreement for Christopher F. Stalvey, D.O., file 03-2019-435.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 02-2020-490.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to affirm its original decision to close file 02-2014-631, with no formal disciplinary action.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to affirm its original decision to close file 02-2017-067, with no formal disciplinary action.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2019-325, with no formal action.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2014-318, with no formal action.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2016-307, with no formal action.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 02-2019-454.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2019-276, with no formal action.
On a motion by Trudy Caviness, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2019-051, with no formal action. Anagha Dixit, Assistant Attorney General, recused.
On a motion by Joyce Vista-Wayne, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-090, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-135, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-151, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to affirm its original decision to close file 02-2021-098, with no formal disciplinary action. Nikhil Wagle, M.D., recused.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to affirm its original decision to close file 02-2021-141, with no formal disciplinary action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2018-431, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2018-380, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-393, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-234, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-177, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2017-236, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2019-618, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 03-2019-619, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-103, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-104, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-050, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2019-449, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-137, with no formal action.
On a motion by Ronald Kolegraff, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 03-2021-158, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 03-2021-159, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-142, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-023, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-487, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-400, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 03-2020-530.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-416, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-346, with no formal action. Ronald Kolegraff, M.D., recused.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-528, with no formal action. Ronald Kolegraff, M.D., recused.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 03-2020-507, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-440, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-494, with no formal action.
On a motion by Warren Gall, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to close file 03-2021-035, with no formal action.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2021-065, with no formal action.
On a motion by Diane Cortese, seconded by Nikhil Wagle, M.D., all Board members present voted to close file 03-2018-516, with no formal action. Patricia Fasbender, D.O., recused.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to close file 02-2020-215, with no formal action.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 03-2019-566.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 03-2020-299.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 02-2020-113.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 02-2021-276.
On a motion by Diane Cortese, seconded by Patricia Fasbender, D.O., all Board members present voted to leave open file 02-2020-385.
Joseph A. Fraioli, J.D., Legal Director, advised the Board about the scheduling of upcoming hearings: The Olson hearing is scheduled for September 29, 2021 – October 1, 2021; the Wassef hearing is scheduled for February 9, 2022 – February 11, 2022; and the Isaac hearing he would like to schedule for April 14, 2022 – April 15, 2022. Mr. Fraioli asked the Board members to check their schedules and let him know their availability for the April 2022 hearing dates.
At 1:33 p.m., all members present voted in favor of a motion by Ronald Kolegraff, M.D., seconded by Joyce Vista-Wayne, M.D., to adjourn the meeting.
