UNIVERSITY OF ALBERTA FACULTY OF MEDICINE—CANADA
#ETHN
- 5/04/2018—EARLY TERMINATION OF PROBATION GRANTED*.
- 7/16/2016—REQUEST FOR EARLY TERMINATION OF PROBATION.
- 7/02/2015—35 MONTHS PROBATION WITH TERMS AND CONDITIONS.
- 9/06/2013—ACCUSATION FILED.
Excerpt from Accusation dated 9/06/2013:
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence)
11. Respondent is subject to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision (b), of the Code, in that respondent was grossly negligent in his care and treatment of patient M.F.D., as more particularly alleged hereinafter:
A. In or about 2006, patient M.F.D. then a SO-year old female, was a patient at K.P. Riverside Medical Center and was being treated hy respondent for multiple medical conditions which included a chronic obstructive pulmonary disorder, headaches, neck pain. back pain. joint pain, and palindromic rheumatism. She was being prescribed pain control medications which included Hydrocodone.
B. In or about early 2007, patient M.F.D. voluntarily admitted herself to the Kaiser Rehabilitation Program for opioid addiction.
C. On or about September 1, 2007, patient presented to respondent with complaints of neck and shoulder pain. Respondent prescribed Oxycodone #30, 1 tablet every 6 hours, to patient M.F.D. Respondent's record for this visit does not document patient M.F.D. had recently completed the Kaiser Rehabilitation Program for opioid addiction.
D. On or about September 7, 2007, respondent prescribed Oxycodone to patient M.F.D. Respondent's record for this visit does not document patient M.F.D. had recently completed the Kaiser Rehabilitation Program for opioid addiction.
E. In or about late 2007 through early 2009, respondent referred patient M.F.D. to three separate neurosurgeons. Patient M.F.D. declined to have surgery and was sent to an interventional pain specialist. During this period respondent continued to treat patient M.F.D. with controlled substances and dangerous drugs to patient M.F.D. without obtaining and/or documenting an adequate medical history and physical examination and informed consent. In addition, respondent continued to prescribe controlled substances to patient M.F.D. without performing periodic reviews of his care and treatment of patient M.F.D. and her response to the prescribed medications. Respondent also failed to keep adequate clinic notes regarding his care and treatment of patient M.F.D., and did not document his treatment plan and objectives.
F. In or about 2010, respondent referred patient M.F.D. to Kaiser Pain Management. Patient M.F.D. declined to go to pain management and respondent continued to prescribe patient M.F.D. opioids for pain.
G. In or about 20l0, respondent continued to prescribe controlled substances and dangerous drugs to patient M.F.D. without obtaining and/or documenting an adequate medical history and physical examination and informed consent. In addition, respondent continued to prescribe controlled substances to patient M.F.D. without performing periodic reviews of his care and treatment of patient M.F.D. and her response to the prescribed medications. Respondent also failed to keep adequate clinic notes regarding his care and treatment of patient M. F.D., and did not document his treatment plan and objectives.
H. In or about 2011, respondent continued to prescribe controlled substances and dangerous drugs to patient M.F.D. without obtaining and/or documenting an adequate medical history and physical examination and informed consent. In addition, respondent continued to prescribe controlled substances to patient M.F.D. without performing periodic reviews of his care and treatment of patient M.F.D. and her response to the prescribed medications. Respondent also failed to keep adequate clinic notes regarding his care and treatment of patient M.F.D. and did not document his treatment plan and objectives.
I. From on or about July 12, 2011 to June 28, 2012, respondent continued to prescribe patient M.F.D. pain medication which included Oxycodone. Frequently, respondent's prescriptions of opioids to patient M.F.D. overlapped because they were prescribed very close to each other. Again, respondent failed to obtain and/or document a medical history and physical examination. In addition, respondent continued to prescribe controlled substances to patient M.F.D. without appropriate prior examination and without performing periodic reviews of his care and treatment of patient M.F.D. and her response to the prescribed medications. Respondent also failed to keep clinic notes regarding his care and treatment of patient M.F.D. and did not document his treatment plan and objectives.
J. Between on or about November 2011, and May 2012, respondent post-dated prescriptions for Oxycodone for patient M.F.D. The post-dated prescriptions provided patient M.F.D. additional prescriptions for one to two months in the future.
12. Respondent committed gross negligence in his care and treatment of patient M.F.D. which included, but was not limited to, the following:
A. Respondent excessively prescribed controlled substances and dangerous drugs to patient M.F.D. by failing to closely monitor the amounts and frequency of his prescriptions;
B. Respondent failed to obtain and document an appropriate medical history and physical examination of patient M.F.D. during the time he was treating her pain with controlled substances and dangerous drugs:
C. Respondent failed to maintain adequate, accurate and complete medical records of his care and treatment of patient M.F.D.;
D. Respondent failed to obtain and document a treatment plan and objectives for his pain control treatment of patient M.F.D.;
E. Respondent failed to obtain and document an informed consent for his pain management of patient M.F.D.; and
F. Respondent failed to perform and document periodic reviews of patient M.F.D.'s pain treatment.
SECOND CAUSE FOR DISCIPLINE
(Repeated Negligent Acts)
13. Respondent is further subject to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision (c), of the Code, in that he committed repeated negligent acts in his care and treatment of patient M.F.D. as more particularly alleged hereinafter:
14. Paragraphs 11 and 12, above, are hereby incorporated by reference and re-alleged as if fully set forth herein.
15. Respondent committed repeated negligent acts in his care and treatment of patient M.F.D. which included, but were not limited to, the following:
A. Respondent excessively prescribed controlled substances and dangerous drugs to patient M.F.D. by failing to closely monitor the amounts and frequency of his prescriptions;
B. Respondent failed to obtain and document an appropriate medical history and physical examination of patient M.F.D. during the time he was treating her pain with controlled substances and dangerous drugs;
C. Respondent failed to maintain adequate, accurate and complete medical records of his care and treatment of patient M.F.D.;
D. Respondent failed to obtain and document a treatment plan and objectives for his pain control treatment of patient M.F.D.;
E. Respondent failed to obtain and document an informed consent for his pain management of patient M.F.D.;
F. Respondent failed to perform and document periodic reviews of patient M.F.D.'s pain treatment;
G. Respondent failed to require patient M.F.D. to comply with the referral care offered in light of her increasing requests for opioid medication; and
H. Respondent failed to document and/or obtain a detailed informed consent in light of patient M.F.D.'s significant risk for misuse and/or addiction to opioids.
THIRD CAUSE FOR DISCIPLINE
(Excessive Prescribing)
16. Respondent is further subject to disciplinary action under sections 2227 and 2234, as defined in section 725 of the Code, in that he excessively prescribed controlled substances and dangerous drugs to patient M.F.D., as more particularly alleged hereinafter.
17. Paragraphs 11 through 15, above, are hereby incorporated by reference as if fully set forth herein.
FOURTH CAUSE FOR DISCIPLINE
(Violation of Statute or Regulation Regulating Drugs)
18. Respondent is further subject to disciplinary action under sections 2227 and 2234, as defined by section 2238, of the Code, in that he violated state statutes regulating dangerous drugs or controlled substances, as more particularly alleged hereinafter:
A. Paragraphs 11 through 15, above, are hereby incorporated by reference as if fully set forth herein.
B. Between on or about November 2011, and May 2012, respondent post-dated prescriptions for Oxycodone for patient M.F.D which falsely represented the date of the prescriptions in violation of the Controlled Substances Act. (Health and Safety Code, section l1164, subdivision (a) [requiring prescriber to include the date of prescription], Health and Safety Code, section 11105 [prohibiting a false statement in a report or record required by the Act], Health and Safety Code, section 11157 [prohibiting the issuance of a prescription that is false or fictitious in any respect], and Health and Safety Code, section 11173, subdivision (b) [prohibiting the making of a false statement in a prescription].)
FIFTH CAUSE FOR DISCIPLINE
(False Medical Record)
19. Respondent is further subject to disciplinary action under sections 2227 and 2234, as defined by section 2261, of the Code, in that he has knowingly made or signed a certificate or other document directly or indirectly related to the practice of medicine which falsely represented the existence or nonexistence of a state of facts, as more particularly alleged hereinafter:
(a) Paragraphs 11 and 15, above, are hereby incorporated by reference and realleged as if fully set forth herein.
SIXTH CAUSE FOR DISCIPLINE
(Failure to Perform Appropriate Prior Examination)
20. Respondent is further subject to disciplinary action under sections 2227 and 2234, as defined by section 2242, subdivision (a), of the Code, in that he prescribed, dispensed, or furnished dangerous drugs to patient M.F. D. without performing an appropriate prior examination, as more particularly alleged hereinafter:
21. Paragraphs 11 through 15, above, are hereby incorporated by reference and re-alleged as if fully set forth herein.
SEVENTH CAUSE FOR DISCIPLINE
(Failure to Maintain Adequate and Accurate Medical Records)
22. Respondent is further subject to disciplinary action under sections 2227 and 2234, as defined by section 2266, of the Code, in that respondent failed to maintain adequate and accurate records regarding his care and treatment of patient M.F.D., as more particularly alleged hereinafter.
23. Paragraphs 11 through 15, and 19, above, are hereby incorporated by reference and realleged as if fully set forth herein.
#35Months
*FARCE—Probation was scheduled to end June 2, 2018. A request was put in for early termination on 7/16/2016, almost 2 years prior to the normal expiration of probation, but the Medical Board didn't move on it and get an ALJ decision until March 9, 2018, just 4 months before it was set to expire on its own. It became effective just 2 months early. |
