ADVERSE LICENSING ACTIONS - 2010

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

ANDROKITES, ALICE C., M.D.: License # 014624; 05/11/10. On May 11, 2010 the Board voted to accept the licensee’s surrender of her Maine medical license. The licensee surrendered her license while under investigation for competence issues.

ARATO, HOLLY G. M.D. :License # 013391; 01/12/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that the Board has sufficient evidence to conclude that: A. She violated the terms of her consent agreement by (i) failing to fully participate in the Physicians Health Program, (ii) failing to continue to maintain a relationship with a Board approved physician who would provide all her pain medications and prescriptions, and (iii) obtaining opioid medication for a friend (self-prescribing) for her use outside of a Board approved doctor/physician relationship; and B. She currently suffers from a mental or physical condition that may result in her ability to practice medicine in a manner that endangers either the health or safety of patients. The licensee concedes that the foregoing constitutes grounds for discipline. As discipline for the foregoing conduct, the licensee agrees to the immediate and voluntary surrender of her Maine medical license. Click here for full text (PDF)

BOBKER, DANIEL, M.D.: License # 013940; 08/17/10. On July 13, 2010 the Board reviewed a request on behalf of the licensee from his addictionologist to amend the Second Consent Agreement to reduce the substance abuse counseling to once a month. Following its review, the Board voted to grant the request to reduce the substance abuse counseling to once a month. All other terms and conditions of the Second Consent Agreement remain in full force and effect. Click here for full text (PDF)

BOBKER, DANIEL, M.D. License # 013940; 01/27/10. In lieu of proceeding to an Adjudicatory Hearing, the Board granted the licensee a conditional Maine medical license subject to the following terms and conditions: 1) the licensee agrees to abstain from the use of any and all prohibited substances as defined in the Second Consent Agreement; 2) the licensee agrees that for the period following the execution of the Second Consent Agreement until he returns to the active practice of medicine substance abuse testing shall be performed once a week; 3) for the period following the licensee's return to the active practice of medicine and for one (1) year thereafter, substance abuse monitoring shall occur weekly; 4) the licensee shall submit for Board approval the name of a substance abuse monitor; 5) within thirty (30) days following the execution of the Second Consent Agreement the licensee shall submit for Board approval the name of a licensed individual or agency in the treatment of substance abuse with whom he shall consult at least twice monthly; 6) within thirty (30) days following the execution of the Second Consent Agreement the licensee shall submit for Board approval the name of a licensed individual or agency in the treatment of mental health issues with whom he shall consult at least monthly; 7) commencing one (1) month following the execution of the Second Consent Agreement and continuing for one (1) year thereafter, the licensee shall ensure that the Board approved treatment providers submit to the Board written reports regarding his compliance with treatment, ability to continue practicing medicine and his prognosis for continued recovery; 8) Prior to returning to the active practice of medicine, the licensee must have a Board approved practice location. The licensee agrees to work no more than twenty 20 hours per week (daytime hours only), and shall not take call. The licensee shall have a Board approved Physician Monitor and shall practice pursuant to a written plan of supervision; 9) The licensee agrees to attend AA and/or NA and enter into a contract with the Maine Professionals Health Program and fully participate in the program as long as the Second Consent Agreement remains in force. This action is based on violation of the terms and conditions of a prior Consent Agreement and substance abuse issues.

BROWN, BENJAMIN M., M.D.: License # 016862; 08/24/10. On June 8, 2010 the Board reviewed a request from the licensee to amend the Consent Agreement to remove paragraph 15(d)(1) of the Consent Agreement which provides that the licensee shall "restrict his practice of medicine to a location approved by the Board." Based upon the licensee's compliance with the Consent Agreement and the positive reports from his monitor, the Board voted to offer an amendment to the Consent Agreement. Paragraph 15(d)(1) shall be amended by deleting existing language and replacing it with the following language: "Clinical Setting/Inspections. During the period of probation, Dr. Brown shall notify the Board of all locations where he practices medicine. In addition, Dr. Brown is on notice that the Board or its agents may conduct announced and/or unannounced inspections of all locations where he practices medicine. Dr. Brown shall reimburse the Board for any actual costs incurred as a result of any inspection performed pursuant to this section." All other terms and conditions of the Consent Agreement effective April 14, 2009 remain in full force and effect. Click here for full text (PDF)

BUTLERS, GEORGE H., M.D.: License # 011759; 09/14/10. By Consent Agreement, the licensee agrees to accept a conditional license to practice medicine in the State of Maine. The licensee's Maine medical license will be subject to the following conditions: 1) the licensee shall limit his practice of medicine to a closely supervised primary care medical practice location approved by the Board; 2) the licensee shall practice medicine only at the Board approved location under the close supervision of a board certified primary care physician approved by the Board; 3) the licensee shall ensure that the duties of his supervising/monitoring physician include on-going, regular supervision, review of patient charts, review of efficacy of prescribed medications and consultation with other health care providers involved in the patients' care. 4) the licensee shall ensure that his board-approved supervising/monitoring physician is aware of and ensures that the licensee complies with conditions listed in section 11(d) of the Consent Agreement. This action is based on lack of recent medical practice. Click here for full text (PDF)

COOPER, JAMES C., M.D. License # TD081107; 10/12/10. At the conclusion of an Adjudicatory Hearing held on October 12, 2010 the Board voted to reprimand the licensee and deny his appeal of the preliminary denial of his application for a permanent Maine medical license. This action is based on unprofessional conduct. Click here for full text. (PDF)

DE LOS HEROS, REINALDO O., M.D.; License # 017206; 04/13/10. On April 13, 2010 the Board reviewed information received from the licensee indicating that he would comply with all recommendations of the evaluator resulting from his neuropsychiatric evaluation. Based on this information, the Board voted to terminate the Consent Agreement dated July 23, 2009 as amended by the First Amendment to Consent Agreement dated February 2, 2010. This action is effective April 13, 2010. Click here for full text (PDF)

De Los HEROS, REINALDO O., M.D.; License # 017206; 02/02/10. On December 8, 2009 the Board reviewed the licensee's written request to amend the Consent Agreement entered into on July 23, 2009. After review the Board voted to amend the Consent Agreement as follows: 1) Paragraph 3c the existing language will be deleted and replaced with the following language: "Monitoring shall occur at least once a month, and shall include a review of all patient charts and review of at least one tape-recorded session between Dr. de los Heros and a patient." 2) Paragraph 3d the existing language will be deleted and replaced with the following language: "Dr. de los Heros shall ensure that his supervising/monitoring psychiatrist provides written reports of his progress to the Board once per month and provides verbal reports of his progress to Dr. Dreher once per month."

FESTINO, MICHAEL J., M.D.: License # 006038; 10/12/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that the Board has sufficient evidence from which it could reasonably conclude that he (a) self prescribed controlled drugs (engaged in self treatment); (b) provided medical treatment, including prescribing controlled drugs to H.D., with whom he had a close, personal relationship; and (c) failed to create and maintain appropriate medical records regarding his treatment of H.D. and his prescribed controlled drugs to H.D. The licensee admits that such conduct constitutes unprofessional conduct. The licensee agrees to: (1) accept a reprimand; (2) pay a monetary penalty of one thousand dollars and zero cents ($1,000.00); and (c) successfully complete a course pre-approved by the Board in medical record-keeping within twelve (12) months of the execution of this Consent Agreement. This action is based on unprofessional conduct. Click here for full text (PDF)

GAMMON, DAVID B., M.D., License # 017705; 12/14/10. On December 14, 2010 the Board reviewed a request from the licensee to rescind/terminate the Consent Agreement for Conditional Licensure based upon his compliance with its terms and the reinstatement of his federal DEA registration. Following its review, the Board voted to terminate the Consent Agreement for Conditional Licensure effective December 14, 2010, and grant Dr. Gammon a full and unrestricted medical license. Click here for full text (PDF)

GRIFFIN, MICHAEL J., M.D. License # 010691; 07/13/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee voluntarily surrendered his Maine medical license effective July 13, 2010. This action is based on a report of a relapse to alcohol use, and the licensee’s decision to retire from the practice of medicine. Click here for full text (PDF)

KENISTON-DUBOCQ, LINDA, M.D.; License # 012260; 04/30/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee admits that with regard to complaint CR 09-220 the Board has sufficient evidence from which it could conclude that Dr. Keniston-Dubocq engaged in habitual substance abuse that was foreseeably likely to result in her performing services in a manner that endangered the health or safety of patients. The licensee agrees to accept the following discipline: The licensee's Maine medical license will be placed on probation for five (5) years with the following conditions: 1) the licensee agrees to abstain from the use of any and all prohibited substances as outlined in the Consent Agreement; 2) the licensee agrees that she shall obtain all prescription medication(s), with the exception of medications prescribed by her treating psychiatrist, from a single primary care physician approved by the Board; 3) the licensee will be subject to substance abuse monitoring; 4) the licensee shall consult and counsel with a Board-approved individual or agency for substance abuse issues at least twice monthly; 5) the licensee shall consult and counsel with a Board-approved individual or agency for the treatment of mental health issues at least monthly; 6) the licensee shall provide the Board with all locations where she practices medicine and shall permit the Board to conduct announced and/or unannounced inspections of all locations where she practices medicine; 6) the licensee shall have a Board approved practice monitor; and 7) the licensee shall attend AA and/or NA or another Board approved non-faith-based self-help group meeting at least twice per week. The licensee shall attend self-help group meetings of an impaired medical professional group (i.e. Caduceus). The licensee shall submit a quarterly report of her attendance at AA, NA or impaired professional self-help group meetings to the Board. This action is based on substance abuse issues. Click here for full text (PDF)

MCBRIDE, ELIZABETH A., M.D.: License # 015045; 10/12/10. 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.

MICHALOWSKI, ELLEN E., M.D.: License # 014320; 07/13/10. At the conclusion of an Adjudicatory Hearing beginning on April 13, 2010 and continued on July 13, 2010 the Board voted to revoke the licensee's Maine medical license effective July 13, 2010. This action is based on multiple violations, including fraud or deceit in the practice of medicine, substance abuse issues, unprofessional conduct, incompetence and violation of terms of probation. Click here for full text (PDF)

NORTHROP, GEORGE E., M.D. License # TD081054, 11/09/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee agrees that based upon evidence in the possession of the Board that with regard to the complaint and his application for a permanent Maine medical license the Board has sufficient evidence from which it could reasonably conclude that he: (1) engaged in habitual substance abuse that was foreseeably likely to result in his performing services in a manner that endangered the health or safety of patients and (2) engaged in unprofessional conduct by self-prescribing medication and by obtaining opioid medication for his personal use by issuing prescriptions in the name of his wife, family and/or friends. The licensee agrees to: (1) accept a reprimand; (2) pay a civil penalty of two thousand dollars and zero cents ($2,000.00) and (3) the licensee will withdraw his appeal of the Board's decision to preliminarily deny his application for a permanent Maine medical license, thereby making the Board's decision to preliminarily deny his pending application final. This action is based on substance abuse issues and unprofessional conduct. Click here for full text (PDF)

SINGER, CLIFFORD M., M.D. 07/29/10. By Consent Agreement, the Board granted the licensee a conditional Maine medical license with the following terms and conditions, which shall remain in effect for a period of three (3) years following the execution of the Consent Agreement for Conditional Licensure: (1) the licensee agrees that he will not use sample medication without a prescription for his own treatment; (2) the licensee agrees to attend regularly scheduled appointments with his treating physician. The licensee agrees to only use medications prescribed by his treating physician; (3) the licensee understands and agrees that he will timely complete all medical record documentation. The licensee shall ensure that all medical records/charts are updated within twenty-four (24) hours of each patient encounter; (4) the licensee agrees to have a Professional Monitor approved by the Board review his medical charts for a period of three (3) years; (5) the licensee agrees to attend and successfully complete the Case Western Intensive Course in Medical Records Keeping with Individual Preceptorships within six (6) months of the execution of this Consent Agreement. This action is based on unprofessional conduct. Click here for full text (PDF)

SITTERLY, KARL F., M.D.: License # 015041; 01/12/10. On November 10, 2009 the Board reviewed a request from the licensee to amend the Consent Agreement for Conditional Licensure to reduce the number of random urine tests from once every other week as required by the First Amendment to paragraph 14 (c)(iii)(b) of the conditions of licensure to once a month. Following its review, the Board voted to grant the licensee's request to amend the Consent Agreement for Conditional Licensure. All other terms and conditions of the Consent Agreement for Conditional License remain in full force and effect. Click here for full text (PDF)

SMITH, JENIE M., M.D.: License # 015392; 01/12/10. On January 12, 2010 the Board reviewed the licensee's written request to terminate her participation in the Maine Medical Professionals Health Program as required by the Decision and Order of the Board dated May 10, 2005. After review of the licensee's request, the Board voted to allow the licensee to terminate her participation in the Maine Medical Professionals Health Program. Click here for full text (PDF).

SPEAR, MARK A., M.D.; License # 017044; 06/08/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee 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. As discipline for complaint CR 10-092 the licensee agrees to: 1) accept a reprimand; and 2) pay a civil penalty of five hundred dollars ($500.00). This action is based on fraud or deceit in obtaining a license. Click here for full text (PDF).

TESSIER, PAUL A., M.D.: License # 006620; 09/14/10. In lieu of proceeding to an Adjudicatory Hearing to appeal the Board's preliminary denial, the licensee agrees that the Board has sufficient evidence from which it could conclude that he engaged in unprofessional conduct by conducting F.A.A. aviation medical examinations without having an "active" Maine medical license. As discipline for the unprofessional conduct, the licensee agrees to: 1) accept a reprimand from the Board and 2) pay a civil penalty of three thousand dollars and zero cents ($3,000.00) on or before September 14, 2011. The Board agrees to issue the licensee an "active" Maine medical license subject to the following conditions: 1) the licensee will limit his practice of medicine to the following only: a) performing as an aviation medical examiner, conducting aviation medical examinations for the F.A.A. and Transport Canada and b) performing adult physical examinations for the Coast Guard, the Department of Transportation or life insurance companies; 2) the licensee shall not apply to the Board for a full and unrestricted "active" medical license based on his lack of active medical practice since 1999; 3) the licensee will keep careful records of all of his examinations; 4) the licensee will not hold himself out to the public as a fully practicing physician and will not accept patients for clinical care; 5) the licensee will not advertise services other than as an aviation medical examiner; 6) the licensee will not seek hospital privileges and 7) the licensee will keep current with the continuing medical education requirements and will conform to all requirements imposed by this license. This action is based on unprofessional conduct. Click here for full text (PDF).

YORK, DAVID A., M.D. License # 017967; 07/13/10. In lieu of proceeding to an Adjudicatory Hearing, the licensee voluntarily surrendered his Maine medical license effective July 13, 2010. This action is based on incompetence and unprofessional conduct related to the licensee’s downloading of child pornography. Click here for full text (PDF).