IOWA BOARD OF MEDICINE
MAY19-20, 2022 - OPEN MINUTES
MAY 19, 2022:
MEMBERS PRESENT:
Joyce Vista-Wayne, M.D., Vice-Chair
Patricia Fasbender, D.O., Secretary
Eugene Cherny, M.D.
Rose Mitchell
Vickie Pyevich, M.D.
Chad Stadsvold, D.O.
MEMBERS ABSENT:
Trudy Caviness
Warren Gall, M.D., Chair
Dalton Hayes
Jason Meyers, M.D.
STAFF PRESENT:
Jill Stuecker, Interim Executive Director
Joseph A. Fraioli, J.D., Legal Director
Don J. Woodhouse, M.D., Medical Director
Anne Schlepphorst, Chief Investigator
Aaron Kephart, Investigator
Brandi Allen, Investigator
Dave McGlaughlin, Investigator
Jerome Hill, Investigator
Laura Wood, Investigator
Michelle DeLong, Investigator
Marvin Firch, Monitoring Coordinator
Shantel Billington, Office Manager / Financial Manager
Kari Rolls, Administrative Assistant
Kaitie Westphal, Enforcement Support
Anagha Dixit, Assistant Attorney General
Heather Adams, Assistant Attorney General
At 11:18 a.m., Joyce Vista-Wayne, M.D., Vice-Chair, called the meeting to order.
At 11:19 a.m., on a motion by Patricia Fasbender, D.O., seconded by Chad Stadsvold, D.O., 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. Eugene Cherny, M.D., Patricia Fasbender, D.O., Rose Mitchell, Vickie Pyevich, M.D., Chad Stadsvold, D.O., and Joyce Vista-Wayne, M.D., all voted aye in a roll call vote to approve the motion.
At 11:40 a.m., all members present voted in favor of a motion by Joyce Vista-Wayne, M.D., seconded by Eugene Cherny, M.D., to meet in an open session.
Joseph A. Fraioli, J.D., Legal Director, introduced himself to the new Board members and asked that all members and staff do the same. After the introductions, Mr. Fraioli advised the Board on the administrative Rule Committee, the overall Board process and what some of the documents are that are used during a meeting. Mr. Fraioli also instructed any Board member who wishes to join the Rules Committee to contact him.
Shantel Billington, Office Manager / Financial Manager, advised the Board about the reimbursement and Travel Payment process in Workday and their new role in that process.
Joseph A. Fraioli, J.D., Legal Director, advised the Board that the Screening Committee wasn’t able to get through all of it’s cases and asked when the Committee members might like to meet to complete the review of all cases. It was decided that the Screening Committee would meet at the end of the day today (Thursday).
Joseph A. Fraioli, J.D., Legal Director, gave the Board a hearing update: the Rickerl hearing is still set for November 18, 2022; the Olson hearing is still set for three days on October 5-7, 2022; and the Wassef hearing needs new dates for a three-day hearing, which he will try to schedule for sometime in June.
At 12:40 p.m., on a motion by Rose Mitchell, seconded by Eugene Cherny, 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. Eugene Cherny, M.D., Patricia Fasbender, D.O., Rose Mitchell, Vickie Pyevich, M.D., Chad Stadsvold, D.O., and Joyce Vista-Wayne, M.D., all voted aye in a roll call vote to approve the motion.
Dalton Hayes joined the meeting at 12:59 p.m.
At 1:33 p.m., all members present voted in favor of a motion by Patricia Fasbender, D.O., seconded by Joyce Vista-Wayne, M.D., to meet in an open session.
On a motion by Dalton Hayes, seconded by Rose Mitchell, all Board members present voted to close file 02-2021-316, with no formal action. Eugene Cherny, M.D., recused.
Dalton Hayes left the meeting at 1:35 p.m.
At 1:35 p.m., on a motion by Chad Stadsvold, D.O., seconded by Eugene Cherny, 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. Eugene Cherny, M.D., Patricia Fasbender, D.O., Rose Mitchell, Vickie Pyevich, M.D., Chad Stadsvold, D.O., and Joyce Vista-Wayne, M.D., all voted aye in a roll call vote to approve the motion.
At 4:35 p.m., Closed Session went to recess. The Closed Session resumed on Friday, May 20, 2022, at 8:07 a.m.
MAY 20, 2022:
MEMBERS PRESENT:
Joyce Vista-Wayne, M.D., Vice-Chair
Patricia Fasbender, D.O., Secretary
Eugene Cherny, M.D.
Rose Mitchell
Vickie Pyevich, M.D.
Chad Stadsvold, D.O.
MEMBERS ABSENT:
Trudy Caviness
Warren Gall, M.D., Chair
Dalton Hayes
Jason Meyers, M.D.
STAFF PRESENT:
Jill Stuecker, Interim Executive Director
Joseph A. Fraioli, J.D., Legal Director
Don J. Woodhouse, M.D., Medical Director
Anne Schlepphorst, Chief Investigator
Aaron Kephart, Investigator
Brandi Allen, Investigator
Dave McGlaughlin, Investigator
Jerome Hill, Investigator
Laura Wood, Investigator
Michelle DeLong, Investigator
Marvin Firch, Monitoring Coordinator
Emily Zalasky, Iowa Physician Health Program Coordinator
Natalie Lyons, Iowa Physician Health Program Case Manager
Chrissy Greco, Assistant to Executive Director
Shantel Billington, Office Manager / Financial Manager
Kari Rolls, Administrative Assistant
Kaitie Westphal, Enforcement Support
Anagha Dixit, Assistant Attorney General
Closed Session resumed at 8:07 a.m.
At 8:41 a.m., all members present voted in favor of a motion by Joyce Vista-Wayne, M.D., seconded by Eugene Cherny, M.D., to meet in an open session. In open session, the Board took the following actions:
At 9:00 a.m., Joyce Vista Wayne, M.D., Vice-Chairperson for the Board, called the public session to order. Roll call was taken to establish a quorum.
Public Attendees:
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Name
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Represents
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Bryn Hazelwonder
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Whitfield and Eddy Law
|
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Amy Kern
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University of Iowa
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Kevin Kruse
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Iowa Osteopathic Medical Association
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Juan Mira
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|
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Sherri Muller
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Self
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Dennis Tibben
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Iowa Medical Society
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Maddie Wilcox – Legislative Liaison
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IDPH
|
Sherri Muller, from the public, spoke about her childhood experience with Dr. Lynn Lindaman.
Jill Stuecker, Interim Executive Director, introduced herself to the Board and gave a brief update to the Board members.
On a motion by Joyce Vista Waye, M.D., seconded by Eugene Cherny, M.D., all Board members present voted to approve the March 24-25, 2022 Board meeting minutes.
On a motion by Chad Stadsvold, D.O., seconded by Vickie Pyevich, D.O., all Board members present voted to approve the April 21, 2022 teleconference minutes.
Jill Stuecker, Interim Executive Director gave a legislative update on SF 2383 - Regulating Affecting Veterans and Military Spouses, HF 2279 & SSB 3039, Tort Reform and HF 2547, Midwife Licensure.
Dennis Tibben, Director of the Iowa Medical Society reiterated that tort reform is a top priority for his agency. He said that if there were not enough votes to push it through this session, his agency would continue working on it in 2023.
Joseph Fraioli, Legal Director, gave a Rules Review Committee Update and asked the Board to vote to notice administrative rules regarding Standards of Practice 653-13.7 – Office Practices and Eligibility for Licensure – Nonaccredited Training Revisions
On a motion by Patricia Fasbender, D.O., seconded by Joyce Vista Waye, M.D., all Board members present voted to Notice Standards of Practice 653-13.7 – Office Practices Revisions.
On a motion by Eugene Cherny, M.D., seconded by Patricia Fasbender, D.O., all Board members present voted to Notice the Eligibility for Licensure – Nonaccredited Training Revisions.
Mr. Fraioli gave a hearing update to the Board to let them know he had scheduled two additional future hearings and asked that they be mindful of the dates to make sure we have a quorum for the hearing panels.
Mr. Fraioli spoke to the Board about adding some guidance to the citizen-facing website to cover various topics. His first recommendation was regarding Medical Aesthetic Services. The Board agreed that Mr. Fraioli should go forward drafting this guidance.
A Judicial Review Update was given by Anagha Dixit, Assistant Attorney General for the Board regarding the cases below:
- Colby v. Board of Medicine
- Robinson v. Board of Medicine
- Yates v. Board of Medicine
- Lajeunesse v. Board of Medicine
- Doe v. Board of Medicine
Don Woodhouse, M.D., Medical Director for the Board said he gave a presentation to the Iowa Osteopathic Medical Association on May 6, 2022.
Dr. Woodhouse referred to the Iowa Physician Health Committee meeting that was held on May 12, 2022. He reported details to the Board regarding a concerning Medscape survey regarding mental health and practitioner’s aversion to self-report to the program for mental health issues.
At 9:43 a.m., the public session ended and the Board members took a ten-minute recess.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to accept the Screening Committee Report and its recommendations.
On a motion by Eugene Cherny, M.D., seconded by Chad Stadsvold, D.O., all Board members present voted to accept the Licensure Committee Report and its recommendations.
On a motion by Rose Mitchell, seconded by Vickie Pyevich, M.D., all Board members present voted to accept the Monitoring Committee Report and its recommendations.
On a motion by Patricia Fasbender, D.O., seconded by Rose Mitchell, all Board members present voted to leave open file 02-2018-400.
On a motion by Patricia Fasbender, D.O., seconded by Rose Mitchell, all Board members present voted to approve the Order Granting Stay for Andrew O. Obamwonyi, M.D., files 02-2014-625 and 02-2016-139.
On a motion by Patricia Fasbender, D.O., seconded by Rose Mitchell, all Board members present voted to accept the combined Statement of Charges and Settlement Agreement for Paul W. Lottes, M.D., file 02-2017-645.
On a motion by Patricia Fasbender, D.O., seconded by Rose Mitchell, all Board members present voted to accept the combined Statement of Charges and Settlement Agreement for George T. Kappos, M.D., file 02-2021-336.
On a motion by Patricia Fasbender, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2017-123, with no formal action.
On a motion by Patricia Fasbender, D.O., seconded by Rose Mitchell, all Board members present voted to close file 03-2020-106, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to affirm its original decision to close file 03-2022-138, with no formal disciplinary action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-151, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-093, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2017-440, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2017-644, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-113, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-065, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-406, with no formal action.
On a motion by Chad Stadsvold, D.O., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-058, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-059, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2019-483, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-457, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-390, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-391, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-128, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to leave open file 02-2021-476.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 03-2021-267, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-245, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to leave open file 02-2022-221.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-384, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2022-223, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2022-014, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 03-2022-019, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-220, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-221, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to approve the Notice of Hearing, Statement of Charges & Emergency Adjudicative Order for Maman L. Ali, M.D., file 02-2022-188.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-349, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2021-567, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 03-2021-037, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to leave open file 02-2020-439.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2019-121, with no formal action.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to leave open file 03-2018-472.
On a motion by Joyce Vista-Wayne, M.D., seconded by Rose Mitchell, all Board members present voted to close file 02-2020-489, with no formal action.
At 10:04 a.m., all members present voted in favor of a motion by Eugene Cherny, M.D., seconded by Rose Mitchell, to adjourn the meeting.
