Board Actions - 2006
Edward P. Dalton, M.D. - Manchester, NH
1/10/06 - Edward P. Dalton, M.D. entered into a Settlement Agreement with the Board of Medicine. The Board received information pertaining to Dr. Dalton's prescribing of Hydrocodone, a Schedule II narcotic, while failing to maintain appropriate medical records. Dr. Dalton is reprimanded and assessed an administrative fine in the amount of $1,000. Dr. Dalton is required to participate in twelve hours of continuing medical education in the areas of pain management, maintenance of medical records, prescribing Schedule II narcotics and treatment of medical colleagues.
Barbara J. Kolinsky, P.A.- Berlin, NH
02/07/06 - The Board of Medicine issued a Decision and Order to Revoke Barbara Kolinsky's license. The Board of Medicine finds that Barbara Kolinsky, P.A. engaged in professional misconduct by repeatedly violating her NH Physician Health Program ("PHP") contract and by violating Board orders. Subsequent to an adjudicatory hearing, Ms. Kolinsky's license to practice medicine as a Physician's Assistant is revoked effective February 7, 2006.
Frank O. Warren III, M.D. - Manchester, NH
02/08/06 - Dr. Frank Warren III, entered into a Voluntary Surrender of License pending disciplinary action. Dr. Warren relinquished all rights and privileges to practice medicine in the State of New Hampshire and agreed never to seek licensure in this State or any other jurisdiction. The Voluntary Surrender is distributed by the Board as disciplinary action.
Joseph E. Nossiff, M.D. - Newington, NH
02/15/06 - The Board of Medicine granted Joseph Nossiff, M.D. a six months Extension to complete the Continuing Medical Education ("CME") requirement of his February 2005 Settlement Agreement.
David I Victor, M.D. - Lexington, MA
03/06/06 - Dr. David I. Victor entered into a Fourth Preliminary Agreement with the Board of Medicine. Dr. Victor shall withdraw from the practice of medicine in the State of New Hampshire. Dr. Victor has agreed that the terms of the first Preliminary Agreement and the practice restrictions outlined therein shall resume should he return to practice and that they shall remain in place until such time as the Massachusetts and New Hampshire Boards issue final orders resolving the allegations of professional misconduct currently pending before the Boards.
Michael W. Yushak, M.D. - Claremont, NH
3/7/06 - Michael W. Yushak, M.D. entered into a Settlement Agreement with the Board of Medicine. The Board had received notification that Valley Regional Hospital in Claremont, NH issued an Emergency Suspension of Dr. Yushak's clinical privileges because of his lack of clinical competence up to the applicable standard of care and because of Dr. Yushak's serious health problems impairing his ability to safely exercise his clinical privileges. Dr. Yushak is reprimanded. Dr. Yushak's license to practice in the area of gynecology and obstetric medicine is restricted to those gynecological and obstetric patients requiring no surgery or only minor gynecological surgery, similar to the obstetric and gynecological medicine practiced by a practitioner of family medicine.
Charles C. Canver, M.D. - Loudonville, NY
3/10/06 - Charles C. Canver, M.D. entered into a Settlement Agreement with the Board of Medicine. The New York State Board for Professional Medical Conduct has disciplined Dr. Canver because he committed professional misconduct by failing to abide by United Network of Organ Sharing (UNOS) criteria in procuring organs for his transplant patients. Dr. Canver failed to appropriately assess and communicate the life expectancy of several patients resulting in inaccurate reports to UNOS. The reciprocal action taken by the New Hampshire Board of Medicine prohibits Dr. Canver from having any association with or participating in an organ transplant program as an administrator, physician, surgeon or any other position or title. Dr. Canver must abide by all other conditions place upon him by the New York State Board as stated in the Consent Agreement and Order.
James M. Schmitz, M.D. - Temple, TX
04/11/06 - James Schmitz, M.D. entered into a Settlement Agreement with the Board of Medicine. The Board received information that On May 26, 1998 Dr. Schmitz was scheduled to perform a cardiac catheterization of a patient and but attended a department of medicine meeting at the hospital at the time at which the procedure was scheduled. Dr. Schmitz was unable to perform the procedure for the patient because the catheterization laboratory was scheduled for other procedures at the time he returned from the meeting. Dr. Schmitz is reprimanded. Dr. Schmitz has successfully attended and competed a program entitled Health for Healer at the University of Alabama in February 2003. Dr. Schmitz' New Hampshire license expired on July 30, 2005 and he is currently practicing in Texas.
Dennis L. Swartout, M.D. - Westmoreland, NH
04/11/06 - Dennis L. Swartout, M.D. entered into a Settlement Agreement with the Board of Medicine. The Board of Medicine conducted an investigation and obtained information regarding two visits of a patient on consecutive days, wherein no vital signs were taken, no testing was ordered, and the medical record was inadequate. The evidence obtained showed that Dr. Swartout engaged in unprofessional conduct and failed to maintain adequate medical record documentation. Dr. Swartout is reprimanded and assessed an administrative fine in the amount of $2,000. Dr. Swartout is required to participate in an additional six (6) hours of continuing medical education concerning medical records and conducting adequate patient history and physical examinations.
William J. Monafo, M.D. - Peterborough, NH
06/12/06 - William J. Monafo, M.D. Voluntarily Surrendered his license to practice medicine in the State of New Hampshire. Dr. Monafo committed misconduct in the State of Massachusetts by breaching the physician/patient relationship. The Board of Medicine has taken reciprocal disciplinary action.
Timothy D. Brown, M.D. - Sherborn, MA
7/11/06 - Timothy D. Brown, M.D. entered into a Settlement Agreement with the Board of Medicine for professional misconduct. On or about July 22, 2005, Dr. Brown left the operating room at Boston Medical Center while a medical procedure was ongoing, in order to deliver a lecture at an adjacent building, and failed to be immediately available as needed to assist with the continuation of the surgery. Dr. Brown's license to practice medicine in the State of New Hampshire is indefinitely suspended pursuant to the same terms and conditions set forth in the Statement of Allegations, Consent Order and Probation Agreement issued by the Massachusetts Board of Registration in Medicine on November 16, 2005. The suspension is stayed immediately upon providing proof to the Board of his entry into a full compliance with the Consent Order and Probation Agreement.
Eileen C. Golden, M.D. - Hudson, OH
7/11/06 - Eileen C. Golden, M.D. entered into a Settlement Agreement with the Board of Medicine for professional misconduct. Dr. Golden is reprimanded. Dr. Golden is required to participate in an accredited review program for fetal monitoring within one year.
David I Victor, M.D. - Lexington, MA
7/11/06 - David I Victor, M.D. Voluntarily Surrendered his license to the New Hampshire Board of Medicine effective July 11, 2006. Dr. Victor engaged in unprofessional conduct with regard to the treatment of three patients. The allegations against Dr. Victor included boundary violations and inappropriate contact during examinations.
Terry Bennett, M.D. - Rochester, NH
8/4/06 - The Board of Medicine issued an Order, to dismiss the adjudicatory/disciplinary proceedings in Docket No. 05-03 regarding Dr. Terry Bennett, pursuant to the June 30, 3006 Superior Court order enjoining the Board from prosecuting Dr. Bennett as a result of the complaints in Docket No. 05-03.
Jason S. Henderson, D.O. - Berwick, ME
09/11/06 - The Board of Medicine Denied a Request for License Reinstatement from Jason Henderson, D.O. The Board finds that Dr. Henderson is not in compliance with his Consent Decree dated June 14, 2004.
Sankar N. Banerjee, M.D. - Cambridge, MA - License #8871
09/11/06 - The Board of Medicine confirmed its Denial of Sankar Banerjee M.D.'s request to reinstate his license. The Board finds that Dr. Banerjee did not submit the appropriate verification for compliance demonstrating that he has satisfactorily remediated all the areas of deficiency noted in the CPEP report of June 28, 2004; and the remediation required by the Board in October 18, 2005 Order or the February 7, 2005 Order. Therefore, the Board denied Dr. Banerjee's request for reconsideration.
Christopher G. Carter, P.A. - Bedford, NH
09/12/06 - Christopher Carter, P.A. entered into a Preliminary Agreement for Practice Restrictions with the Board of Medicine. Mr. Carter has professional misconduct allegations pending before the Board. He has contracted with the NH PHP and voluntarily agrees not to practice medicine, not to write prescriptions, and not to treat or see patients in the State of New Hampshire or in any other state where he may hold a license to practice medicine until further order of the Board and written recommendation of the Director of the NH PHP.
David M. Kessner, M.D. - Kittery Point, ME
09/12/06 - The Board of Medicine accepted a Voluntary Surrender of License from David M. Kessner, M.D. Before the Board are allegations that Dr. Kessner failed to maintain an appropriate physician/patient relationship. Dr. Kessner has undergone a psychological and psychiatric assessment that led him to retire from the practice of medicine.
Stephen J. McColgan, M.D. - Long Beach, CA
10/09/06 - The Board of Medicine issued a Settlement Agreement for Stephen J. McColgan, M.D. The Medical Board of California, Division of Medical Quality, issued a final administrative order regarding the disposition of disciplinary matters relating to repeated negligence, incompetence, violation of drug statutes, and failure to maintain adequate records during the treatment of his ex-wife and of his minor child. Accordingly, the New Hampshire Board has taken reciprocal action. Dr. McColgan is reprimanded and shall provide documentation to the New Hampshire Board of his compliance with the terms of the California Board's order no later than August 21, 2007.
Romauld N. Sluyters, M.D. - Bedford, NH
11/3/06 - The Board of Medicine approved a Settlement Agreement for Romuald N. Sluyters, M.D. The Board received information that Dr. Sluyters was engaged in a consensual sexual relationship with Patient A. On July 7, 2005 the Board issued an Order of Emergency Suspension. Dr. Sluyters is reprimanded and his license is suspended for a period of five years. Dr. Sluyters shall provide the Board with a copy of the Professional Renewal Center's recommendations and shall contract with the NH PHP for a period of five years. Dr. Sluyters is assessed an administrative fine of $1,500.00.
Fathi El-Kurd, M.D. - Bedford, NH
11/3/06 - The Board of Medicine approved a Settlement Agreement for Fathi A. El-Kurd, M.D. The Board received information that Dr. El-Kurd's practice of medicine has fallen below the standard of care when he practiced outside the scope of his specialty in surgery. Dr. El-Kurd agrees to limit his practice to his specialties of general and vascular surgery; to maintain a list of all patients seen on a weekly basis; and to attend one continuing medical education course listed in the Agreement.
Heather Mudgett, P.A. - Pembroke, NH
11/03/06 - The Board of Medicine approved a Settlement Agreement for Heather Mudgett, P.A. The Board received information that Ms. Mudgett had written Schedule II controlled prescriptions for family members. Ms. Mudgett is reprimanded and her license is suspended for a period of one year. Ms Mudgett must participate in programs of continuing medical education in the following areas: 1) controlled substance prescribing course; and 2) professional boundary course or counseling at a facility that specializes in maintaining professional boundaries.