ADVERSE LICENSING ACTIONS - 2009

This page is updated as Adverse Actions occur. The page was last updated June 6, 2011 .

There is a link to the full Consent Agreement which is in PDF format at the end of each action description.

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PHYSICIAN/LICENSEE, EFFECTIVE DATE, DESCRIPTION

BAROODY, ROBERT, M.D. License # 010439; 10/08/09. The licensee completed the thirty (30) day suspension period as specified in the Consent Agreement dated September 8, 2009. The licensee remains subject to the other terms and conditions in the Consent Agreement. Click here for full text (PDF)

BAROODY, ROBERT, M.D. License # 010439; 09/08/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the following: 1) a reprimand; 2) a monetary fine of one thousand five hundred dollars ($1,500); 3) a thirty (30) day license suspension and 4) a five (5) year license probation subject to specific conditions as outlined in the Consent Agreement. This action is based on unprofessional conduct.

BROWN, BENJAMIN M., M.D. License # 016862; 04/14/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees that the Board has sufficient evidence from which it could reasonably conclude that he engaged in a sexual relationship with AM who was a patient and he engaged in a sexual relationship with RR a physician assistant whom he was supervising. The licensee admits that the Board has sufficient evidence from which it could conclude that the conduct with patient AM constitutes sexual misconduct and unprofessional conduct. The licensee admits that the conduct with RR could constitute unprofessional conduct. As discipline for the conduct described, the licensee agrees to accept the following discipline: a) a reprimand; b) a monetary fine of one thousand dollars ($1,000). The licensee will ensure that the fine is paid within thirty (30) days following the execution of the Consent Agreement; c) a license suspension of sixty (60) days commencing April 15, 2009; and d) a license probation for five (5) years following the execution of this Consent Agreement. As specific conditions of probation the licensee shall: i) restrict his practice of medicine to a location approved by the Board; ii) enroll in and successfully complete a Board approved course in medical ethics and boundaries within six (6) months following the execution of the Consent Agreement; iii) Within thirty (30) days of the execution of the Consent Agreement the licensee shall have a Board approved practice monitor; and iv) Within thirty (30) days of the execution of the Consent Agreement the licensee shall enroll in the Maine Medical Associations Medical Professionals Health Program. Click here for full text (PDF)

De Los HEROS, REINALDO O., M.D.; License # 017206; 07/23/09. In lieu of suspending the licensee's Maine medical license, licensee agrees to practice medicine in Maine only under the supervision of a Board-approved psychiatrist. The licensee's practice will be monitored subject to the conditions outlined in the Consent Agreement. The Consent Agreement will remain in effect until the complaint against the licensee can be resolved either by Consent Agreement, Adjudicatory Hearing or until the Board determines that a summary suspension of the licensee's license to practice medicine is necessary to protect the public. This action is based on competence issues. Click here for full text (PDF)

DOYLE, ROBERT P., M.D. License # 007273; 04/14/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that he made offensive and unwelcome statements to a female medical student and that such conduct constitutes unprofessional conduct. As discipline for the conduct, the licensee agrees to accept a reprimand from the Board. The licensee agrees that henceforth he shall refrain completely from making these types of offensive and unwelcome statements to medical students, medical colleagues, medical staff, nursing or hospital staff or patients. Click here for full text (PDF)

FERRERA, PETER C., M.D. License # 016334; 11/10/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that with regard to complaint CR 09-297 the Board has sufficient evidence from which it could reasonably conclude that his Maine medical license is subject to discipline as a result of the discipline imposed by the Consent Agreement and Order with the New York State Board for Professional Medical Conduct dated May 6, 2009. As discipline, the licensee agrees to accept 1) a reprimand and 2) a three (3) year license probation subject to conditions as outlined in the Consent Agreement. Click here for full text (PDF)

FUSON, JEFFREY W., M.D. License # 009849; 05/12/09. On May 12, 2009 the Board reviewed the licensee's written request to fully reinstate his Maine medical license. In addition, the licensee appeared before the Board for an interview regarding his request. After discussion with the licensee, the Board voted to grant the licensee's request to terminate the Second Consent Agreement for Licensure and fully reinstate his Maine medical license. Click here for full text (PDF)

GIBBS, RICHARD T., M.D. License # TD081120; 11/10/09. In lieu of proceeding to an Adjudicatory Hearing, Dr. Gibbs admits that with regard to complaint CR 09-219 the Board has sufficient evidence from which it could reasonably conclude that: 1) he inappropriately used alcohol and Librium in order to self-manage his severe anxiety and depression; 2) he was repeatedly tardy and absent from his duties as a physician due to his self-medication and intoxication from his use of alcohol and that he left DECH without notice; and 3) he was arrested for OUI with a blood-alcohol content of .30. Dr. Gibbs admits that such conduct constitutes evidence of unprofessional conduct and habitual substance abuse foreseeably likely to result in his performing services in a manner that jeopardized patient safety. As discipline for his conduct, Dr. Gibbs agrees to: 1) accept a reprimand; 2) abstain completely from the use of any and all prohibited substances as defined in the Consent Agreement; 3) enroll and participate in the Pennsylvania Physicians' Health Program or the New Mexico Monitored Treatment Program; and 4) within thirty (30) days of the execution of this Consent Agreement provide a copies to licensing authorities/boards, hospitals, medical practices, current or prospective employers, and his primary care provider and other healthcare professionals involved in his care as outlined in the Consent Agreement. Click here for full text (PDF).

KESSLER, RONALD W., P.A.-C License # PA-252; 06/09/09. In lieu of proceeding to an Adjudicatory Hearing, Mr. Kessler agrees to the following: Mr. Kessler concedes that the Board has sufficient evidence to find that he provided grossly substandard care to patient LC by failing to (i) consult the patient's chart; (ii) recognize that the patient was in "septic shock" and refer the patient immediately to the hospital emergency department; and (iii) consult with his primary supervising physician. In addition, Mr. Kessler concedes that the Board has sufficient evidence to find that he violated the standard of care for medical record keeping by failing to create a contemporaneous progress note or written order regarding his examination, diagnosis, and treatment of patient LC on April 22, 2008. Mr. Kessler admits that such conduct constitutes incompetence and unprofessional conduct. As discipline for this conduct, the licensee agrees to the permanent revocation of his Maine physician assistant's license. Click here for full text (PDF).

KESSLER, RONALD W., P.A.-C License # PA-252; 01/13/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to the following: Mr. Kessler concedes that the Board has sufficient evidence to find that on multiple occasions he issued prescriptions for controlled substances without possessing a valid DEA registration. As discipline for this unprofessional conduct, the licensee agrees to the permanent revocation of his physician assistant's license effective January 13, 2009.

MENDOZA, RENATO C., M.D. License # TD081078; 11/10/09. In lieu of proceeding to an Adjudicatory Hearing, Dr. Mendoza agrees to the following: Dr. Mendoza concedes that the Board has evidence from which it could conclude by the preponderance of the evidence that the alleged conduct occurred and could constitute fraud or deceit in obtaining a license and/or attempting to obtain a license. As discipline, Dr. Mendoza agrees to accept a reprimand, pay a civil penalty of three thousand dollars ($3000.00), and withdraw his pending application for a permanent Maine medical license effective the date of execution of this Consent Agreement and never again apply for medical licensure in the State of Maine. Click here for full text (PDF).

NARANJA, ROGELIO J., JR., M.D. License # 015649; 11/10/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that with regard to complaints CR 08-377 and CR 08-409 the Board has sufficient evidence from which it could reasonably conclude that his medical record keeping and/or certain aspects of his care and treatment regarding Patients A, B, C and KS amounted to unprofessional conduct and grounds for discipline of his Maine medical license and/or denial of his application for renewal of his Maine medical license. As discipline the licensee agrees to the following: 1) a reprimand and 2) a license probation for five (5) years subject to conditions as outlined in the Consent Agreement. Click here for full text (PDF)

SMITH, BRYAN D., M.D.; 07/14/09. In lieu of proceeding to an Adjudicatory Hearing, Dr. Smith concedes that the Board has evidence from which it could conclude by the preponderance of the evidence that the alleged conduct occurred and could constitute fraud or deceit in obtaining a license. Dr. Smith agrees to accept a censure and pay a civil penalty of one thousand dollars ($1,000). Dr. Smith's pending applications for a temporary and permanent Maine medical license are denied because he does not meet the statutory and rule requirements for licensure (i.e. he did not complete all medical examinations within seven (7) years). This action is based on fraud or deceit in obtaining a license. Click here for full text (PDF).

STERLING, ROBERT E. M.D. License # 018216; 11/10/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that he violated the Consent Agreement for Conditional Licensure on more than one occasion by testing positive for the presence of a metabolite of alcohol and using alcohol. As discipline for this conduct, the licensee agrees to the immediate, permanent and voluntary surrender of his Maine medical license. Click here for full text (PDF).

STERLING, ROBERT E., M.D.: License # 018216; 09/14/09. Immediate, automatic suspension of Maine medical license following notification of a positive test for and admission to the use of a prohibited substance while under Consent Agreement for substance abuse monitoring.

STERLING, ROBERT E., M.D., License # 018216; 07/09/09. By Consent Agreement, the Board granted the licensee a probationary Maine medical license with the following terms and conditions, which shall remain in effect for a period of five (5) years following the execution of the Consent Agreement for Conditional Licensure: 1) the licensee agrees to abstain from the use of any and all prohibited substances as defined in the Consent Agreement for Conditional Licensure; 2) the licensee agrees that he may, for the duration of the five (5) year probation, be required to undergo some level of substance abuse monitoring; 3) within thirty (30) days following the execution of this Consent Agreement for Conditional Licensure, the licensee shall submit for Board approval the name of a licensed individual or agency in the treatment of substance abuse with whom the licensee will obtain counseling; 4) Prior to engaging in the active practice of medicine, the licensee must have a Board-approved practice location; 5) Prior to engaging in the active practice of medicine, the licensee must have a Board-approved practice monitor; 6) the licensee will attend AA and/or NA or another non-faith based self-help group meeting approved by the Board; and 7) the licensee shall enter into a contract with the Maine Medical Professionals Health Program and fully participate in that program as long as this Consent Agreement for Conditional Licensure remains in force.

STULC, JAROSLAV P., M.D.; License # 017690; 05/12/09. At the conclusion of an Adjudicatory Hearing held on May 12, 2009, the Board voted to immediately revoke the licensee's Maine medical license. This action is based on fraud or deceit in obtaining a license, incompetence, and unprofessional conduct related to inappropriate behavior and statements towards patients and medical staff. Click here for full text (PDF)

TARTER, THOMAS A., M.D. License # EL071028; 09/08/09. In lieu of proceeding to an Adjudicatory Hearing, Dr. Tarter entered into a consent agreement with the Maine Board of Licensure in Medicine in which the Board issued a reprimand and $1,000 fine to Dr. Tarter for unprofessional conduct based upon his failure to timely complete patient medical records and in some cases failure to complete patient medical records. Dr. Tarter asserts that he was willing to complete all of the records and offered to do so, but the hospital did not make arrangements for him to complete the records. Click here for full text (PDF)

TILLMAN, WILLIAM F., M.D. License # 017201; 05/12/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a reprimand from the Board and shall ensure that in the future he correctly and accurately completes all applications and documents that he files with the Board. In addition, the licensee shall pay a fine of one thousand ($1000.00) on or before June 6, 2009. This action is based on alleged fraud or deceit for failure to disclose information on a renewal application. Click here for full text (PDF).

TRIPP, LESLIE N., M.D., License # 011744; 07/31/09. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees to accept a reprimand from the Board and agrees to the immediate and permanent voluntary surrender of his Maine medical license. This action is based upon unprofessional conduct and sexual misconduct Click here for full text (PDF).

TRIPP, LESLIE N., M.D., License # 011744; 07/14/09. Thirty (30) day summary suspension of Maine medical license based on the imminent threat to the public posed by the licensee's continued practice of medicine.

TUDDENHAM, ANN D., M.D. License # 014495; 02/10/09. By Consent Agreement the Board granted the licensee's application to reinstate her Maine medical license. The licensee admits that she failed to comply with the Board's statute by failing to renew her Maine medical license in a timely fashion. Specifically, the licensee admits that she failed to provide the Board with a current address when it changed, which resulted in the inadvertent lapse of her medical license, and the unintentional practice of medicine without a current license for a period of six (6) months. The licensee admits that such conduct constitutes unprofessional conduct and grounds for discipline and/or denial of her application to reinstate her Maine medical license. As discipline for this conduct, the licensee agrees to accept a warning from the Board and pay a monetary fine of One Thousand Dollars ($1000.00). Click here for full text (PDF).