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Sargent's Court Reporting Service, Inc. (814) 536-8908 1 COMMONWEALTH OF PENNSYLVANIA 1 DEPARTMENT OF STATE 2 BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3 4 F I N A L M I N U T E S 5 6 MEETING OF: 7 8 STATE BOARD OF MEDICINE 9 10 TIME: 9:04 A.M. 11 12 BOARD ROOM C 13 One Penn Center 14 2601 North Third Street 15 Harrisburg, Pennsylvania 17110 16 17 Tuesday, October 23, 2018 18 19 20 21 22 23 24 25

COMMONWEALTH OF PENNSYLVANIA · 10/23/2018  · 11 [Anna Moran, M.D., entered the meeting at 10:24 a.m.] 12 *** 13 [Ms. Lambert noted the PALS support page and the PALS 14 support

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Page 1: COMMONWEALTH OF PENNSYLVANIA · 10/23/2018  · 11 [Anna Moran, M.D., entered the meeting at 10:24 a.m.] 12 *** 13 [Ms. Lambert noted the PALS support page and the PALS 14 support

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1

COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

4

F I N A L M I N U T E S 5

6

MEETING OF: 7

8

STATE BOARD OF MEDICINE 9

10

TIME: 9:04 A.M. 11

12

BOARD ROOM C 13

One Penn Center 14

2601 North Third Street 15

Harrisburg, Pennsylvania 17110 16

17

Tuesday, October 23, 2018 18

19

20

21

22

23

24

25

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State Board of Medicine 1 October 23, 2018 2

3 4 BOARD MEMBERS: 5 6 Keith E. Loiselle, Chairman, Public Member 7 Katelin Lambert, Deputy Commissioner, on behalf of Ian 8 J. Harlow, Commissioner of Professional and 9 Occupational Affairs 10 Rachel Levine, M.D., Physician General – Absent 11 Joseph E. Losee, M.D. 12

John M. Mitchell, L.P., C.C.P. 13 Anna M. Moran, M.D. 14 Paul J. Valigorsky II, M.D. 15 16 17 BUREAU PERSONNEL: 18 19 Peter D. Kovach, Esquire, Board Counsel 20 Wesley J. Rish, Esquire, Board Counsel 21 Anita P. Shekletski, Esquire, Board Prosecution 22 Liaison 23 Tara J. Smith, Esquire, Board Prosecutor 24 Keith E. Bashore, Esquire, Board Prosecutor 25 Andrea L. Costello, Esquire, Board Prosecutor 26

Adam Williams, Esquire, Board Prosecutor 27 Adam L. Morris, Esquire, Board Prosecutor 28 Tara J. Smith, Esquire, Board Prosecutor 29 Amanda N. Wojciechowski, Board Prosecutor 30 Suzanne Zerbe, Board Administrator 31 32 Kalonji Johnson, Policy Director, Department of State 33 Janelle Hawthorne, Intern, Pennsylvania Department of 34 State, Counsel Division 35 36 37 38 39

40

41 42 43 44 45 46 47 48 49 50

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State Board of Medicine 1 October 23, 2018 2

3 4 ALSO PRESENT: 5 6 Erica Papp, Edinboro University 7 Angie Armbrust, The Winter Group 8 Susan DeSantis, PA-C, Pennsylvania Society of 9 Physician Assistants 10 Philip B. Friedman, Esquire, Conner, Riley, Friedman, 11 & Weichler 12

Charles Hartwell, Esquire, Dethlefs-Pykosh Law Group 13 Randy Stevens, Pennsylvania Orthotic & Prosthetic 14 Society 15 Michael Siget, Legislative and Regulatory Counsel, 16 Pennsylvania Medical Society 17 John L. Herr, Herbalist/Naturopath 18 Mary Marshall, Director, Workforce & Professional 19 Services, The Hospital and Healthsystem Association 20 Dwayne Ho, IRBT Independent Physician Association 21 Barbara Myers, Pennsylvania Traditional Naturopaths 22 Association 23 Betty Magill, Pennsylvania Traditional Naturopaths 24 Association 25 Jeffrey Dittmer, Au.D. 26

Marie Winters, ND, Pennsylvania Association of 27 Naturopaths 28 Michael Reece, ND, Pennsylvania Association of 29 Naturopaths 30 Julie Lachman, ND, Pennsylvania Association of 31 Naturopaths 32 Jacqueline Lacava, Won Institute of Graduate Studies 33 Heather Shultz, D.Ac., Association for Professional 34 Acupuncture in Pennsylvania 35 Ben Griffith, L.Ac., Chair, Won Institute of Graduate 36 Studies 37 David Molony, Lehigh Valley Acupuncture & Oriental 38 Medicine 39 Alex Bonner, Pennsylvania State Nurses Association 40

Edward Nielsen, Pennsylvania Chiropractic Association 41 Leia Anderson, ND, MS, Pennsylvania Association of 42 Naturopaths, Natural Paths to Wellness 43 44 45 46 47 48 49 50

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*** 1

State Board of Medicine 2

October 23, 2018 3

*** 4

The regularly scheduled meeting of the State 5

Board of Medicine was held on Tuesday, October 23, 6

2018. Keith E. Loiselle, Chairman, Public Member, 7

called the meeting to order at 9:04 a.m. 8

Anna M. Moran, M.D., was not present at the 9

commencement of the meeting. 10

*** 11

Acknowledge Public - Turn Off Electronic Devices 12

[Chairman Loiselle requested that all electronic 13

devices be turned off. Roll call was taken. 14

Chairman Loiselle announced that two new Board 15

members were nominated and approved by the senate.] 16

*** 17

Approval of Minutes of the September 5, 2018 meeting 18

CHAIRMAN LOISELLE: 19

I’d like to call for a motion to approve 20

the minutes from the previous meeting. 21

Do I have a motion? 22

DR. LOSEE: 23

So moved. 24

CHAIRMAN LOISELLE: 25

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We need a second for that. 1

MR. MITCHELL: 2

Second. 3

CHAIRMAN LOISELLE: 4

Mr. Mitchell seconds. All in favor of 5

approval of the minutes? Any opposed? 6

[The motion carried unanimously.] 7

*** 8

Report of Prosecution Division 9

[Adam L. Morris, Esquire, Board Prosecutor, noted 10

several items on the agenda and a few recusals.] 11

*** 12

[Paul J. Valigorsky II, M.D. and John M. Mitchell, 13

L.P., C.C.P., exited the meeting at 9:09 a.m. for 14

recusal purposes.] 15

*** 16

[Adam L. Morris, Esquire, Board Prosecutor, presented 17

the Consent Agreements for File No. 17-49-05712 and 18

File No. 18-49-005407.] 19

*** 20

[Paul J. Valigorsky II, M.D. and John M. Mitchell, 21

L.P., C.C.P., reentered the meeting at 9:11 a.m.] 22

*** 23

[Adam L. Morris, Esquire, Board Prosecutor, presented 24

the Consent Agreement for File No. 14-49-01411.] 25

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[Wesley J. Rish, Esquire, Board Counsel, discussed the 1

obligation of a licensee to report to the Board within 2

30 days of a disciplinary action for conviction.] 3

*** 4

[Adam Williams, Esquire, Board Prosecutor, presented 5

the Consent Agreement for File No. 18-49-004788.] 6

*** 7

[Tara J. Smith, Esquire, Board Prosecutor, presented 8

the Consent Agreements for File No. 16-49-07974 and 9

File No. 17-49-05742.] 10

*** 11

[Keith E. Loiselle, Chairman, Public Member, exited 12

the meeting at 9:23 a.m. and reentered the meeting at 13

9:24 a.m.] 14

*** 15

[Keith E. Bashore, Esquire, Board Prosecutor, 16

presented the Consent Agreements for File No. 18-49-17

006231, File No. 17-49-13241, File No. 16-49-02071, 18

and File No. 18-49-004347.] 19

*** 20

[Amanda N. Wojciechowski, Esquire, Board Prosecutor, 21

presented the Consent Agreement for File No. 15-49-22

12685.] 23

*** 24

[Andrea L. Costello, Esquire, Board Prosecutor, 25

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presented the VRP Consent Agreements for File No. 18-1

49-006025 and File No. 18-49-006264.] 2

*** 3

Appointment – Department of State Policy Presentation 4

[Kalonji Johnson, Policy Director, Department of 5

State, discussed his role to oversee policy decisions 6

and to be the resource that lobbies legislature on the 7

Board’s behalf. He noted that the legislative session 8

had ended for the current session but would discuss 9

legislative concerns with the Board. 10

Mr. Johnson also oversees policy as it relates to 11

the regulatory process by shepherding regulations 12

through the regulatory process. He noted one pending 13

regulation regarding practitioners of oriental 14

medicine provisionary changes. 15

Mr. Johnson discussed Senate Bill 655 regarding 16

prescribing practices, which died on the third 17

consideration. He reviewed the legislative process, 18

stating that a legislative initiative generally starts 19

development at the policy office. He explained that 20

legislation directly affecting the Board is 21

cosponsored and then goes to the House Professional 22

Licensure Committee. 23

Mr. Johnson and Ms. Dillon analyze bills, 24

interact with the Board, and then present those 25

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concerns to the sponsoring legislator. 1

Mr. Rish explained that Mr. Johnson works with 2

Board Counsel, the Pennsylvania Medical Society, and 3

other concerned associations for a legal analysis of 4

legislation and its impact on the Board. 5

Chairman Loiselle attended the Federation of 6

State Medical Boards Meeting and noted that many of 7

the Boards in other states have a very interactive 8

relationship with legislature. He commented that the 9

Board is a good resource regarding legislation and 10

should be more proactive with reference to licensing 11

issues under this Board’s auspices. 12

Mr. Johnson stated the Board having a more 13

proactive position was absolutely within the realm of 14

what the Governor envisions for the policy office. 15

Chairman Loiselle stated the Board will form a 16

Legislative Liaison Committee as a reaction to matters 17

brought from the legislature or a permanently standing 18

committee. 19

Chairman Loiselle noted a meeting to follow the 20

regular session concerning naturopathic and oriental 21

medicine.] 22

*** 23

Pennsylvania Licensing System (PALS) Renewal 24

Presentation 25

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[Katelin Lambert, Deputy Commissioner, presented a 1

demonstration of the Pennsylvania Licensing System 2

(PALS) renewal process. She noted that most license 3

types are approximately 20-25 percent completed for 4

renewals. 5

Ms. Lambert addressed email instructions, text 6

message alerts, security requirements and questions, 7

passwords, accessing renewal forms, and a review 8

screen for verification.] 9

*** 10

[Anna Moran, M.D., entered the meeting at 10:24 a.m.] 11

*** 12

[Ms. Lambert noted the PALS support page and the PALS 13

support desk via phone. She also mentioned a resource 14

guide for medical and osteopathic renewals that should 15

soon be completed and posted on the Board’s website. 16

Ms. Lambert noted that the renewal process 17

usually takes 24 hours and the hardcopy received 18

within 7-10 business days.] 19

*** 20

[Chairman Loiselle thanked Ms. Zerbe and additional 21

Board staff for their help. He also announced that 22

Mr. Rish will be entering private practice and leaving 23

the Board. Chairman Loiselle thanked Mr. Rish for his 24

service to the Board and the citizens of 25

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Pennsylvania.] 1

*** 2

Report of Deputy Commissioner 3

[Katelin Lambert, Deputy Commissioner, on behalf of 4

Ian J. Harlow, Commissioner of Professional and 5

Occupational Affairs, noted work on disseminating the 6

renewal guide and common pitfalls to initial 7

applications for physicians and physician assistants. 8

Ms. Lambert stated two new staff members in the 9

Commissioner’s office from the Governor’s office are 10

working on stakeholder engagement and customer service 11

relation issues.] 12

*** 13

Report of Committee of Department of Health – No 14

Report 15

*** 16

Report of Committee on Health-Related Professionals 17

[John M. Mitchell, L.P., C.C.P., addressed the Allied 18

Health Committee Meeting on September 6, 2018, where 19

orthotic fitters as well as naturopaths’ regulations 20

were entertained. He noted a presentation from Ms. 21

Tamarkin regarding allowing orthotic fitters extended 22

time to test. 23

Mr. Mitchell commented that the process would 24

take about 18-24 months for the orthotic fitter 25

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regulation to be complete. 1

Mr. Mitchell discussed naturopaths’ legislation 2

being not well written and causing issues going 3

forward with regulations. He discussed a registration 4

regulation and not a license regulation, which would 5

essentially be regulations assisting with Mr. Kovach’s 6

draft.] 7

*** 8

[Chairman Loiselle thanked Mr. Kovach for his work. 9

He stated the time period not being long enough for 10

the examination may be an example of where a change to 11

legislation originates within the Board and must be 12

worked through the system. 13

Mr. Kovach explained that there actually was not 14

a provision allowing orthotic fitters and others in 15

that licensure grouping to obtain their experience as 16

the law was written, but that portion can be tweaked 17

through the regulatory process.] 18

*** 19

Report of Board Vice Chair – No Report 20

*** 21

Report of Board Chair 22

[Keith Loiselle, Chairman, Public Member, announced 23

new Board members. He addressed Senate Bill 655 24

regarding making some of the prescribing guidelines 25

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statutory, which the Board opposed.] 1

*** 2

Report of Board Counsel 3

[Wesley J. Rish, Esquire, Board Counsel, noted matters 4

for discussion during Executive Session.] 5

*** 6

Report of Regulatory Counsel 7

[Peter D. Kovach, Esquire, Board Counsel, stated that 8

the Board would meet after the regular Board meeting 9

to discuss the practitioners of oriental medicine and 10

naturopathic doctor regulations. 11

Mr. Kovach noted an amended fee regulation that 12

will need to be in place for the 2020 renewal cycle. 13

He also noted regulations regarding physician 14

assistants. 15

Mr. Kovach also noted the Interstate Medical 16

Licensure Compact, which was on hold, but noted the 17

need to clarify regulation issues.] 18

*** 19

For the Board’s Information/Discussion - Meeting Dates 20

[Keith Loiselle, Chairman, Public Member, noted the 21

next Board meeting date on December 11, 2018. He also 22

noted 2019 Board meeting dates and proposed 2020 Board 23

meeting dates.] 24

*** 25

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Old Business/New Business – Election of Vice Chair 1

[Keith Loiselle, Chairman, Public Member, commented on 2

the importance of the Vice Chair to take control of 3

the meetings in the absence of the Chair and the need 4

for a nomination.] 5

CHAIRMAN LOISELLE: 6

Does anyone at this point have a 7

nomination for the Vice Chair position 8

on the Board. Would anyone like to 9

nominate anyone? 10

DR. VALIGORSKY: 11

Dr. Losee. 12

CHAIRMAN LOISELLE: 13

Any other nominations? 14

DR. MORAN: 15

Mr. Mitchell. 16

CHAIRMAN LOISELLE: 17

We have two nominations. Are there any 18

other nominations? Seeing and hearing 19

none. Let’s close the nominations. 20

At this point, all in favor of Dr. 21

Losee as Board Vice Chair, signify by 22

saying aye. 23

DR. MORAN: 24

If the nominee has voted for Dr. Losee, 25

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I vote with the group. 1

CHAIRMAN LOISELLE: 2

It would appear that all of the votes 3

have been cast for Dr. Losee. I’d like 4

to recognize Mr. Mitchell for thinking 5

about the Board and the makeup of the 6

Board as he decided to withdraw from 7

consideration for the Vice Chair 8

position. Thank you very much for that. 9

Chairman Loiselle welcomed Dr. Losee as 10

the Vice Chair of the Board. 11

*** 12

Old Business/New Business – Committee Reorganization 13

[Keith Loiselle, Chairman, Public Member, noted his 14

commitment to making committees a more vibrant force 15

within the Board and Board operations with two more 16

Board members in December and the possible 17

establishment of committees again in 2019.] 18

*** 19

Old Business/New Business – Correspondence from the 20

Pennsylvania Psychiatric Society 21

[Keith Loiselle, Chairman, Public Member, discussed 22

correspondence from the Pennsylvania Psychiatric 23

Society. Chairman Loiselle thanked Dr. Hameed for his 24

letter outlining the licensing discipline processes 25

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needing to follow Title II Guidelines, which are 1

specifically the Americans with Disabilities Act (ADA) 2

Guidelines. 3

Mr. Rish stated there were no questions on the 4

applications violating this procedure and was 5

consistent with the Pennsylvania Psychiatric Society.] 6

*** 7

Old Business/New Business – Correspondence Regarding 8

Independent Practice for Certified Nurse 9

Practitioners 10

[Keith Loiselle, Chairman, Public Member, addressed 11

correspondence from representatives of the 12

Professional Licensure Committee regarding more 13

autonomy for nurse practitioners.] 14

*** 15

[The Board recessed from 11:06 a.m. until 11:15 a.m.] 16

*** 17

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 18

11:15 a.m. the Board entered into Executive Session 19

with Peter D. Kovach, Esquire, Board Counsel, and 20

Wesley J. Rish, Esquire, Board Counsel, for the 21

purpose of conducting quasi-judicial deliberations and 22

to receive legal advice from Board Counsel. The Board 23

returned to open session at 12:04 p.m.] 24

*** 25

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MOTIONS 1

MR. KOVACH: 2

Pursuant to Section 708(a)(5) of the 3

Sunshine Act, the Board met in Executive 4

Session for the purpose of conducting 5

quasi-judicial deliberations and to 6

receive advice of Counsel on the matters 7

upon which the Board is about to vote. 8

The first matter for the Board’s 9

vote on the agenda is No. 2, Case No. 10

17-49-05712. 11

Based on the Board’s discussions in 12

Executive Session, I believe the Board 13

Chair would accept a motion to approve 14

the Consent Agreement in that matter. 15

CHAIRMAN LOISELLE: 16

Do I have a motion to accept the consent 17

order? 18

DR. LOSEE: 19

Motion. 20

DR. MORAN: 21

Second. 22

CHAIRMAN LOISELLE: 23

Dr. Losee motions. Dr. Moran seconds. 24

All in favor, say aye. Any opposed? 25

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[The motion carried. Dr. Valigorsky and Mr. Mitchell 1

recused themselves from deliberations and voting on 2

the motion. The Respondent’s name is Jeremy Theodore 3

Reed, M.D.] 4

*** 5

MR. KOVACH: 6

The next matter is also going to be a 7

probable cause matter involving Dr. 8

Valigorsky and Mr. Mitchell who did not 9

participate in Executive Session 10

discussions and will recuse themselves. 11

It’s Case No. 18-49-005407. 12

Based on the Board’s discussions in 13

Executive Session, I believe the Chair 14

would accept a motion to approve the 15

Consent Agreement in that matter. 16

CHAIRMAN LOISELLE: 17

Do I have a motion to accept? 18

DR. MORAN: 19

Motion. 20

DR. LOSEE: 21

Second. 22

CHAIRMAN LOISELLE: 23

Dr. Moran motions. Dr. Losee seconds. 24

All in favor, say aye. Any opposed? 25

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[The motion carried. Dr. Valigorsky and Mr. Mitchell 1

recused themselves from deliberations and voting on 2

the motion. The Respondent’s name is Jeffrey A. 3

Burkey.] 4

*** 5

MR. KOVACH: 6

Moving on to Item No. 4 on the agenda, 7

it’s Case No. 14-49-01411. 8

Based on the Board’s discussions in 9

Executive Session, I believe the Board 10

Chair would accept the motion to approve 11

the Consent Agreement in that matter. 12

CHAIRMAN LOISELLE: 13

Do I have a motion to approve that 14

order? 15

MR. MITCHELL: 16

Motion. 17

DR. VALIGORSKY: 18

Second. 19

CHAIRMAN LOISELLE: 20

Dr. Mitchell motions. Dr. Valigorsky 21

seconds. All in favor, say aye. Any 22

opposed? 23

[The motion carried unanimously. The Respondent’s 24

name is Brian Roy Altman, M.D.] 25

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*** 1

MR. KOVACH: 2

The next matter on the agenda is Case 3

No. 18-49-004788. 4

Based on the Board’s discussions in 5

Executive Session, I believe the Chair 6

would accept the motion to reject the 7

Consent Agreement in that matter as too 8

harsh. 9

CHAIRMAN LOISELLE: 10

Do I have a motion to reject the order 11

as too harsh? 12

DR. LOSEE: 13

Motion. 14

DR. VALIGORSKY: 15

Second. 16

CHAIRMAN LOISELLE: 17

Dr. Losee motions. Dr. Valigorsky 18

seconds. All in favor of the motion to 19

reject the Consent Order as too harsh, 20

say aye. Any opposed? 21

[The motion carried. Dr. Loiselle opposed the 22

motion.] 23

*** 24

MR. KOVACH: 25

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Next on the agenda is No. 6, Case No. 1

16-49-07974. 2

Based on discussions in Executive 3

Session, I believe the Chair would 4

accept a motion to approve the Consent 5

Agreement in that matter. 6

CHAIRMAN LOISELLE: 7

Do I have a motion to approve? 8

MR. MITCHELL: 9

Motion. 10

DR. LOSEE: 11

Second. 12

CHAIRMAN LOISELLE: 13

Mr. Mitchell motions. Dr. Losee 14

seconds. All in favor, say aye. Any 15

opposed? 16

[The motion carried unanimously. The Respondent’s 17

name is David Lawall, CPO.] 18

*** 19

MR. KOVACH: 20

Moving on to No. 7 on the agenda, Case 21

No. 17-49-05742. 22

Based on the Board’s discussions in 23

Executive Session, I believe the Chair 24

would accept the motion to approve the 25

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Consent Agreement in that matter. 1

CHAIRMAN LOISELLE: 2

Do I have a motion to approve that 3

consent order? 4

DR. LOSEE: 5

Motion. 6

DR. MORAN: 7

Second. 8

CHAIRMAN LOISELLE: 9

Dr. Losee motions. Dr. Moran seconds. 10

All in favor, say aye. Any opposed? 11

[The motion carried unanimously. The Respondent’s 12

name is William Scott Wolfe, M.D.] 13

*** 14

MR. KOVACH: 15

Next on the agenda is No. 8, Case No. 16

18-49-006231. 17

Based on the Board’s discussions in 18

Executive Session, I believe that the 19

Board Chair would accept a motion 20

approving that Consent Agreement. 21

CHAIRMAN LOISELLE: 22

Do I have a motion to approve? 23

MR. MITCHELL: 24

Motion. 25

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DR. VALIGORSKY: 1

Second. 2

CHAIRMAN LOISELLE: 3

Mr. Mitchell motions. Dr. Valigorsky 4

seconds. All in favor, say aye. Any 5

opposed? 6

[The motion carried unanimously. The Respondent’s 7

name is Bonnie L. Chen, M.D.] 8

*** 9

MR. KOVACH: 10

The next matter involved a Probable 11

Cause matter, for which Mr. Loiselle is 12

recused and did not participate in 13

Executive Session discussions regarding 14

that matter. It is Case No. 17-49-15

13241. 16

Based on the Board’s discussions in 17

Executive Session, I believe the Board 18

would approve a motion approving that 19

Consent Agreement. 20

MR. MITCHELL: 21

So moved. 22

DR. VALIGORSKY: 23

Second. 24

CHAIRMAN LOISELLE: 25

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Mr. Mitchell moves. Dr. Valigorsky 1

seconds. All those in favor? Opposed? 2

[The motion carried. Dr. Loiselle recused himself 3

from deliberations and voting on the motion. The 4

Respondent’s name is Steven J. Kravitz, PA-C.] 5

*** 6

MR. KOVACH: 7

The next matter on the agenda is No. 10, 8

Case No. 16-49-02071. 9

Based on the Board’s discussions in 10

Executive Session, I believe the Chair 11

would accept the motion to reject the 12

Consent Agreement as too lenient in that 13

matter. 14

CHAIRMAN LOISELLE: 15

Do I have a motion to reject that order 16

as too lenient? 17

DR. LOSEE: 18

So moved. 19

MR. MITCHELL: 20

Second. 21

CHAIRMAN LOISELLE: 22

Dr. Losee moves. Mr. Mitchell seconds. 23

All in favor, say aye? Any Opposed? 24

[The motion carried unanimously.] 25

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*** 1

MR. RISH: 2

The next matter on the agenda is No. 11, 3

Case No. 18-49-004347. 4

Based on the Board’s discussions in 5

Executive Session, I believe the Chair 6

would accept a motion to approve the 7

Consent Agreement in that matter. 8

CHAIRMAN LOISELLE: 9

Do I have a motion to approve? 10

MR. MITCHELL: 11

So moved. 12

DR. MORAN: 13

Second. 14

CHAIRMAN LOISELLE: 15

Mr. Mitchell moves. Dr. Moran seconds. 16

All in favor, say aye? Any Opposed? 17

[The motion carried unanimously. The Respondent’s 18

name is Raymond W. McAllister, M.D.] 19

*** 20

MR. KOVACH: 21

Moving on to No. 12 on the agenda, Case 22

No. 15-49-12685. 23

Based on the Board’s discussions in 24

Executive Session, I believe the Board 25

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Chair would accept a motion to adopt as 1

final the proposed Adjudication and 2

Order of the Hearing Examiner in that 3

matter. 4

CHAIRMAN LOISELLE: 5

Do I have a motion to adopt the Consent 6

Agreement? 7

DR. MORAN: 8

So moved. 9

MR. MITCHELL: 10

Second. 11

CHAIRMAN LOISELLE: 12

Dr. Moran moves. Mr. Mitchell seconds. 13

All in favor, say aye? Any Opposed? 14

[The motion carried unanimously. The Respondent’s 15

name is Jose Luis Boggio, M.D.] 16

*** 17

MR. KOVACH: 18

The next two we can take as a group. 19

It’s VRP Case No. 18-49-006025 and VRP 20

Case No. 18-49-006264. 21

Based on the Board’s discussions in 22

Executive Session, I believe the Board 23

Chair would accept a motion to approve 24

the Consent Agreement in both those 25

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matters. 1

CHAIRMAN LOISELLE: 2

Do I have a motion to approve those 3

Consent Agreements? 4

DR. LOSEE: 5

So moved. 6

MR. MITCHELL: 7

Second. 8

CHAIRMAN LOISELLE: 9

Dr. Losee moves. Mr. Mitchell seconds. 10

All in favor? Any Opposed? 11

[The motion carried unanimously.] 12

*** 13

MR. RISH: 14

The next matter is Item No. 22 on the 15

Board’s agenda. It’s File No. 12-49-16

04429. It’s the Bureau of Professional 17

and Occupational Affairs vs. Subhas 18

Gupta, M.D. 19

Based upon discussions in Executive 20

Session, I understand the Board would 21

adopt the Hearing Examiner’s 22

Adjudication and Order as the final 23

order of the Board. 24

CHAIRMAN LOISELLE: 25

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Do I have a motion to adopt the Hearing 1

Examiner’s recommendation? 2

DR. MORAN: 3

So moved. 4

DR. VALIGORSKY: 5

Second. 6

CHAIRMAN LOISELLE: 7

Dr. Moran moves. Dr. Valigorsky 8

seconds. All in favor? Any Opposed? 9

[The motion carried unanimously.] 10

*** 11

MR. RISH: 12

The next matter is Item No. 23. It’s 13

File No. 18-49-02610, the Bureau of 14

Professional and Occupational Affairs 15

vs. Deborah S. Lubitz, M.D. 16

I understand that the Board would 17

entertain a motion adopting the Hearing 18

Examiner’s Adjudication and Order as a 19

final order of the Board. 20

CHAIRMAN LOISELLE: 21

Do I have a motion? 22

MR. MITCHELL: 23

So moved. 24

DR. MORAN: 25

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Second. 1

CHAIRMAN LOISELLE: 2

Dr. Mitchell moves. Dr. Moran seconds. 3

All in favor, say aye? Any Opposed? 4

[The motion carried unanimously.] 5

*** 6

MR. KOVACH: 7

The next matter on the agenda is No. 24. 8

This is a Probable Cause matter, for 9

which Mr. Loiselle and Mr. Mitchell did 10

not participate in Executive Session and 11

will not be voting. It’s the 12

Commonwealth of Pennsylvania Bureau of 13

Professional and Occupational Affairs 14

vs. Ashley G. Ponterio, LRT, Case No. 15

17-49-12171. 16

Based on the Board’s discussions in 17

Executive Session, I believe the Chair 18

would accept a motion to approve as 19

final the draft Adjudication and Order 20

in that matter. 21

CHAIRMAN LOISELLE: 22

Do I have a motion? 23

DR. LOSEE: 24

Motion. 25

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DR. VALIGORSKY: 1

Second. 2

CHAIRMAN LOISELLE: 3

Dr. Losee motions. Dr. Valigorsky 4

seconds. All those in favor? All those 5

opposed? 6

[The motion carried. Dr. Loiselle and Mr. Mitchell 7

recused themselves from deliberations and voting on 8

the motion.] 9

*** 10

MR. RISH: 11

The next matter we can take as a group, 12

items 25 through item 33, the 13

Application for Initial Unrestricted 14

License to Practice Medicine and Surgery 15

of Youssef Hassan, M.D.; Chinwe Offor, 16

M.D.; Gary Robert Fornera, M.D.; 17

Kimberly Henderson, M.D.; Ty Blink Dunn, 18

M.D.; Abram J. Schumacher, M.D.; 19

Victoria Lanuza Castaneda, M.D.; Anup 20

Chitnis, M.D.; and Shikhar Saxena, M.D. 21

Based upon discussions in Executive 22

Session, I understand Board would 23

entertain a motion approving those 24

applications for an initial unrestricted 25

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license. 1

CHAIRMAN LOISELLE: 2

Do I have a motion to approve the 3

applications? 4

MR. MITCHELL: 5

So moved. 6

DR. LOSEE: 7

Second. 8

CHAIRMAN LOISELLE: 9

Mr. Mitchell moves. Dr. Losee seconds. 10

All in favor, say aye. Any opposed? 11

[The motion carried unanimously.] 12

*** 13

MR. RISH: 14

The next matter is Item No. 34, the 15

Application for an Initial Respiratory 16

Therapist License of Breanna N. Hilton, 17

RCP. 18

Based upon discussions in Executive 19

Session, I understand the Board would 20

entertain a motion approving the 21

application. 22

CHAIRMAN LOISELLE: 23

Do I have a motion to approve the 24

application? 25

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DR. LOSEE: 1

So moved. 2

DR. MORAN: 3

Second. 4

CHAIRMAN LOISELLE: 5

Dr. Losee moves. Dr. Moran seconds. 6

All in favor, say aye. Any opposed? 7

[The motion carried unanimously.] 8

*** 9

MR. KOVACH: 10

The next matter on the agenda is No. 35, 11

the Initial Unrestricted License 12

Application by Endorsement filed by 13

Marco Ruella, M.D. 14

Based on the Board’s discussions in 15

Executive Session, I believe the Chair 16

would accept the motion tabling the 17

application and directing the Board 18

administrator to offer the applicant an 19

opportunity to apply for an 20

institutional license. 21

CHAIRMAN LOISELLE: 22

Do I have a motion to table? 23

DR. VALIGORSKY: 24

So moved. 25

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MR. MITCHELL: 1

Second. 2

CHAIRMAN LOISELLE: 3

Dr. Valigorsky moves. Mr. Mitchell 4

seconds. All in favor, say aye. Any 5

opposed? 6

[The motion carried unanimously.] 7

*** 8

MR. KOVACH: 9

Number 36 on the agenda is the Initial 10

Unrestricted License by Endorsement 11

filed by Hassen Mohammed, M.D. 12

Based on the Board’s discussions in 13

Executive Session, I believe the Chair 14

would accept a motion to approve the 15

application. 16

CHAIRMAN LOISELLE: 17

Do I have a motion to approve? 18

MR. MITCHELL: 19

So moved. 20

DR. VALIGORSKY: 21

Second. 22

CHAIRMAN LOISELLE: 23

Mr. Mitchell moves. Dr. Valigorsky 24

seconds. All in favor, say aye. Any 25

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opposed? 1

[The motion carried unanimously.] 2

*** 3

MR. KOVACH: 4

The next matter is No. 37 on the agenda. 5

It’s the Initial Unrestricted License by 6

Endorsement of Shuai-Chun Lin, M.D. 7

Based on the Board’s discussions in 8

Executive Session, I believe the Chair 9

would accept a motion tabling the 10

application and directing the Board 11

administrator to offer the applicant an 12

opportunity to apply for an 13

institutional license. 14

CHAIRMAN LOISELLE: 15

Do I have a motion to table? 16

DR. VALIGORSKY: 17

So moved. 18

MR. MITCHELL: 19

Second. 20

CHAIRMAN LOISELLE: 21

Dr. Valigorsky moves. Mr. Mitchell 22

seconds. All in favor, say aye. Any 23

opposed? 24

[The motion carried unanimously.] 25

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*** 1

MR. KOVACH: 2

Number 38 on the agenda is the Initial 3

Unrestricted License by Endorsement 4

Application filed by Jie Zhang, M.D. 5

Based on the Board’s discussions in 6

Executive Session, I believe the Chair 7

would accept a motion approving the 8

application. 9

CHAIRMAN LOISELLE: 10

Do I have a motion to approve? 11

DR. MORAN: 12

So moved. 13

DR. VALIGORSKY: 14

Second. 15

CHAIRMAN LOISELLE: 16

Dr. Moran moves. Dr. Valigorsky 17

seconds. All in favor, say aye. Any 18

opposed? 19

[The motion carried. Dr. Losee recused himself from 20

deliberations and voting on the motion.] 21

*** 22

MR. KOVACH: 23

The next matter on the agenda is No. 39, 24

the Written Agreement Change Application 25

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filed by Peter a. Villas, M.D. and 1

Nicole Bartoshesky, PA-C. 2

Based on the Board’s discussions in 3

Executive Session, I believe the Chair 4

would accept a motion approving that 5

application. 6

CHAIRMAN LOISELLE: 7

Do I have a motion to approve? 8

DR. MORAN: 9

So moved. 10

DR. LOSEE: 11

Second. 12

CHAIRMAN LOISELLE: 13

Dr. Moran moves. Dr. Losee seconds. 14

All in favor? Any opposed? 15

[The motion carried. Mr. Mitchell recused himself 16

from deliberations and voting on the motion.] 17

*** 18

MR. KOVACH: 19

Number 40 is the Initial Unrestricted 20

License Application by Melinda Shaw 21

Henderson, M.D. 22

Based on the Board’s discussions in 23

Executive Session, I believe the Chair 24

would accept a motion directing the 25

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Board administrator to issue the 1

standard reentry letter. 2

CHAIRMAN LOISELLE: 3

Do I have a motion? 4

DR. MORAN: 5

So moved. 6

DR. LOSEE: 7

Second. 8

CHAIRMAN LOISELLE: 9

Dr. Moran moves. Dr. Losee seconds. 10

All in favor, say aye? Any opposed? 11

[The motion carried unanimously.] 12

*** 13

MR. KOVACH: 14

Number 41 on the agenda is a Status 15

Change Application filed by Pearl May 16

Wu, M.D. 17

Based on the Board’s discussions in 18

Executive Session, I believe the Chair 19

would accept a motion directing the 20

Board administrator to issue the 21

standard reentry letter. 22

CHAIRMAN LOISELLE: 23

Do I have a motion? 24

DR. MORAN: 25

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So moved. 1

MR. MITCHELL: 2

Second. 3

CHAIRMAN LOISELLE: 4

Dr. Moran moves to approve. Mr. 5

Mitchell seconds. All in favor, say 6

aye? Any opposed? 7

[The motion carried unanimously.] 8

*** 9

MR. KOVACH: 10

The final two are the Reactivation 11

Application of Margaret Henderson Hager, 12

M.D. and the Reactivation Application of 13

Beng Cheah Light, M.D. 14

Based on the Board’s discussions in 15

Executive Session, I believe the Chair 16

would accept a motion directing the 17

Board administrator to issue the 18

standard reentry letter. 19

CHAIRMAN LOISELLE: 20

Do I have a motion to issue the standard 21

reentry letter? 22

DR. LOSEE: 23

So moved. 24

DR. VALIGORSKY: 25

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Second. 1

CHAIRMAN LOISELLE: 2

Dr. Losee moves. Dr. Valigorsky 3

seconds. All in favor, say aye? Any 4

opposed? 5

[The motion carried unanimously.] 6

*** 7

Adjournment 8

[Chairman Loiselle concluded the regular meeting and 9

thanked all of those who participated.] 10

*** 11

[There being no other business, the State Board of 12

Medicine Meeting adjourned at 2:21 p.m.] 13

*** 14

15

16

17

18

19

20

21

22

23

24

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1

2

CERTIFICATE 3

4

I hereby certify that the foregoing summary 5

minutes of the State Board of Medicine meeting, was 6

reduced to writing by me or under my supervision, and 7

that the minutes accurately summarize the substance of 8

the State Board of Medicine meeting. 9

10

11

12

Amy L. Warehime, 13

Minute Clerk 14

Sargent’s Court Reporting 15

Service, Inc. 16

17

18

19

20

21

22

23

24

25

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STATE BOARD OF MEDICINE 1 REFERENCE INDEX 2

3 October 23, 2018 4

5 6 TIME AGENDA 7 8 9:04 Official Call to Order 9 10 9:06 Introduction of Board Members 11 12

9:08 Approval of Minutes 13 14 9:09 Report of Prosecution Division 15 16 9:37 Appointment – Kalonji Johnson, 17 Department of State Policy 18 Presentation 19 20 9:59 Appointment – Katelin Lambert – PALS 21 Renewal Presentation 22 23 10:35 Report of Deputy Commissioner 24 25 10:38 Report of Committees 26

27 10:46 Report of Board Chairman 28 29 10:47 Report of Board Counsel 30 31 10:47 Report of Regulatory Counsel 32 33 10:49 For the Board’s Information/Discussion 34 35 10:53 Old Business/New Business 36 37 10:56 Correspondence 38 39 11:06 Recess 40

11:15 Return to Open Session 41 42 11:15 Executive Session 43 2:04 Return to Open Session 44 45 2:04 Motions 46 47 2:21 Adjournment 48 49 50