February 21, 2020
Summary of the February 6-7, 2020, Board Meeting
Total Cases Reviewed: The Board reviewed 106 cases.
New Investigative Cases: The Board reviewed 68 new investigative cases.
Statement of Charges: Upon a determination by the Board that probable cause exists to take formal disciplinary action against a licensee, the Board may file a Statement of Charges which contains the allegations of the Board.
The Board approved 1 Statement of Charges.
- An Iowa-licensed physician who currently practices internal medicine in San Francisco, California, had a Statement of Charges filed against him by the Board on February 6, 2020. On April 3, 2013, the physician was ticketed for speeding in excess of 95 mph near Chico, California. The physician allegedly told the California Highway Patrol officer that he was on his way to a medical emergency when, in fact, he was just late for work. The physician subsequently submitted a letter to the District Attorney’s Office requesting dismissal of the speeding ticket and the physician’s letter allegedly contained fabricated information regarding the reported medical emergency on the day the physician was ticketed for speeding. On May 9, 2017, the physician was found guilty of one felony count of Offering False Evidence and one felony count of Preparing False Documentary Evidence. On September 28, 2017, the physician was sentenced to 36 months formal probation with terms and conditions. The physician has appealed the criminal convictions. A hearing is scheduled on April 10, 2020.
Settlement Agreement: After the Board has filed formal disciplinary charges against a licensee, the Board and the licensee may enter into a Settlement Agreement to resolve the pending disciplinary charges. The Settlement Agreement contains the disciplinary sanctions.
The Board approved 1 Settlement Agreement.
- An Iowa-licensed physician who formerly practiced family medicine in Grinnell, Iowa, entered into a Settlement Agreement with the Board on February 6, 2020. On December 15, 2017, the Board filed a Statement of Charges alleging that the physician engaged sexual misconduct in violation of the laws and rules governing the practice of medicine in Iowa when he engaged in inappropriate sexual contact with a female patient, who was also a family friend and was staying at his home, on multiple occasions in March 2017. On or about April 12, 2019, the physician was found guilty of Assault with Intent to Commit Sexual Abuse and Assault. The physician was sentenced to two years in prison. Under the terms of the February 6, 2020, Settlement Agreement, the physician voluntarily surrendered his Iowa medical license, was issued a Citation and Warning and agreed to pay a $10,000 civil penalty.
Consent Agreement: The Board may grant an Iowa medical license subject to the terms and conditions of a Consent Agreement when appropriate.
The Board approved 2 Consent Agreements.
- An applicant for a permanent Iowa medical license who practices psychiatry Vancouver, Washington, entered into a Consent Agreement with the Iowa Board on February 13, 2020. On May 25, 2006, the Washington Medical Quality Assurance Commission (Washington Commission) summarily suspended the physician’s Washington medical license pending further investigation of allegations that the physician inappropriately prescribed amphetamine and/or methamphetamine for weight loss and/or depression, failed to properly monitor patients while on these medications, failed to maintain accurate medical records for these patients, and failed to conduct appropriate testing and evaluations, resulting in a substantial threat of harm to his patients. On November 8, 2006, the Washington Commission reinstated the physician’s Washington medical license, and placed him on probation for a period of two years after finding that Applicant’s treatment of the patients at issue fell below the standard of care. On December 27, 2006, the Medical Board of California (California Board) filed an accusation based on the 2006 disciplinary action taken by the Washington Commission. On March 1, 2007, the physician and the California Board entered into a stipulated agreement whereby the physician surrendered his California medical license. On July 15, 2008, the Washington Commission found that an immediate danger to the public health, safety, or welfare existed if Applicant’s medical license remained unrestricted, and entered a summary order restricting the physician from prescribing any benzodiazepines, thyroid medications, or stimulants pending final resolution of the pending matter. On October 15, 2009, the Washington Commission found that the physician engaged in unprofessional conduct and violated the terms of his probation by prescribing large doses and large amounts of addicting medication, failed to obtain necessary medical records for his patients, failed to document patient pain complaints, failed to appropriately monitor his patients, and failed to produce records in response to the Washington Commission’s investigation. The Washington Commission again placed the physician’s medical license on probation indefinitely, until he completed the terms of his probation. On November 15, 2012, the Washington Commission found that the physician again engaged in unprofessional conduct and violated the terms of his probation by improperly prescribing medications and failing to record his treatment of two patients. The Washington Commission again placed the physician on probation. On November 3, 2017, the physician completed the terms of his probation. On February 13, 2020, the Iowa Board granted the physician a permanent Iowa medical license and issued him a Citation and Warning for failing to meet the minimum standard of care with respect to the care of his patients in Washington, as described above.
Confidential Letters of Warning or Education: When the Board determines that probable cause does not exist to take formal disciplinary action against a licensee, the Board may send a confidential, non-disciplinary, letter to the licensee expressing concerns and requesting that the licensee take corrective action, including further education.
The Board voted to issue nine (9) confidential Letters of Warning or Education due to the following areas of concern:
- Concerns about a physician’s surgical care to a patient who underwent a laparoscopic sigmoid colectomy.
- Concerns about a physician’s placement of a patient’s gastric tube.
- Concerns about a physician’s failure to address a patient’s abnormal CT scan of the chest resulting in the delayed diagnosis and treatment of lung cancer.
- Concerns about a physician’s failure to personally assess a psychiatric patient in the emergency department.
- Concerns about a physician’s failure to document the need for an early induction of delivery and a patient’s C-section.
- Concerns that a physician mistakenly switched the pathology reports for two patients resulting in an unnecessary surgical procedure for one patient and the delayed diagnosis and treatment of prostate cancer for the other patient.
- Concerns that a physician failed to provide complete, accurate and truthful information on their license renewal application.
- Concerns that a physician failed to provide necessary information on an application for an Iowa medical license and failed to update their address and telephone number with the Board.
- Concerns that a physician was disciplined by another state licensing board for alcohol abuse.
Monitoring Committee: The Monitoring Committee oversees licensees who are subject to a disciplinary order and require monitoring.
The committee reviewed 8 physicians who are being monitored by the Board and held one (1) personal appearance.
Screening Committee: The Screening Committee reviews cases that are lower priority to determine whether investigation is warranted.
The committee reviewed 18 cases, closed 16 cases, and left 2 cases open for further investigation.
Licensure Committee: The Licensure Committee reviews initial applications, renewals, and reinstatements and licensure policies. Most applications are approved by staff without committee review. However, some concerns identified during the review process must be reviewed by the committee to determine whether a license should be granted, renewed or reinstated.
The committee reviewed 10 applications for permanent Iowa medical licensure. The committee recommended the following actions:
- Grant 4 permanent licenses;
- Allow 1 applicant to withdraw the application;
- Issue 3 confidential letters of warning due to concerns about the applicant;
- Grant 1 permanent license subject to the terms of a Consent Agreement due to prior disciplinary action in another state.
In other action the Board:
- Voted to approve a petition to add, “intellectual disability with aggression and/or self-injury” to the list of debilitating medical conditions for the use of medical cannabidiol.
- Voted to deny a petition to add, “post-traumatic stress disorder” to the list of debilitating medical conditions for the use of medical cannabidiol. The Board encouraged the petitioner and the Medical Cannabidiol Board to submit an amended definition which includes the use of traditional treatment options prior to the use of medical cannabidiol.
- Voted to adopt rules which prohibit the Board from suspending or revoking licenses for physicians who default or are delinquent on student loan obligation (SF 304).
- Voted to adopt rules which create expedited and/or alternative licensing for military and veteran spouses (HF 288).
- Voted to adopt rules which amend the mandatory abuse reporter training requirements for child abuse and dependent adult abuse.
A Press Release describing public disciplinary action taken by the Board was distributed and posted on the Board’s website on February 17, 2020. If you have any questions about this summary or the Press Release, please contact Kent M. Nebel, J.D., Executive Director, at (515) 281-7088 or kent.nebel@iowa.gov.
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