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Board Actions - 2010

Mathurin M. Malby, M.D. - License # 13049
1/8/10 - The Board of Medicine approved a Settlement Agreement for Mathurin Malby, M.D. for professional misconduct. Dr. Malby failed to diagnose complicated pyelonephritis, early sepsis and pneumonia; these conditions ultimately led to the patient’s death. Dr. Malby failed to order appropriate diagnostic testing; failed to clearly evaluate or explain the patient’s pain, anxiety, pallor, or diaphoresis; and failed to adequately document his treatment of this patient. Dr. Malby is reprimanded and assessed an administrative fine in the amount of $3,000. Dr Malby is required to participate in ten live additional continuing medical education credits in the areas of documentation and recognition of sepsis.

Anton A. Heins III, M.D. - License # 12382
2/9/10 - The Board of Medicine approved a Consent Order for Anton A. Heins, III, M.D. for failing to maintain appropriate documentation, failing to maintain patient records and informed consent in accordance with the Clinical Guidelines for the Use of Buprenorphine in the Treatment of Opioid Addiction as articulated by the Federation of State Medical Boards as a standard of care, and failing to engage in the care and/or treatment of each patient in a caring comprehensive approach and address the multiple problems of addicted patients and by such treatment establish a plan to attempt to restore the patient to abstinence. Dr. Heins failed to provide patients treatment in a confidential, safe location. Dr. Heins’ license to practice medicine is suspended for a period of five years, three years of the suspension may be stayed subject to a Board-approved compliance and monitoring plan. He is assessed an administrative fine in the amount of $10,000.

Prabhav V. Kenkre, M.D. - License # 13251
3/8/10 - The Board of Medicine approved a Settlement Agreement for Prabhav V. Kenkre, M.D. Dr. Kenkre failed to inform the Board on his 2006 application that he was convicted for driving while intoxicated in 2001. In 2006, Dr. Kenkre informed a Board program that he did not intend to work in New Hampshire but he began working in Portsmouth, he also failed to provide his practice location to the Board. Dr. Kenkre is reprimanded and assessed an administrative fine in the amount of $1,000.

William A. Yvorchuk, M.D. - License #11583
3/8/10 - The Board of Medicine approved a Settlement Agreement for William Yvorchuk, M.D. The North Dakota State Board of Medical Examiners issued a final order indefinitely suspending Dr. Yvorchuk’s license to practice medicine. According to a North Dakota stipulation, Dr. Yvorchuk was found to have a BAC of .351 prior to performing surgery. The New Hampshire Board has taken reciprocal action. Dr. Yvorchuk’s New Hampshire license to practice medicine is suspended.

James A. Canfield, M.D. - License #8281
4/12/10 - The Board of Medicine accepted Voluntary Surrender of License from James A. Canfield, M.D. Before the Board are professional misconduct allegations against Dr. Canfield concerning self-treatment and professional conduct. The pending disciplinary allegations shall be resolved if he submits any future license application in New Hampshire.

James P. Kartell, M.D. - License #5263
5/5/10 - The Board of Medicine issued a Decision and Order in the matter of Dr. James P. Kartell. On April 7, 2010, the Board held an adjudicatory hearing. In July 2000, Dr. Kartell was convicted of the felony of voluntary manslaughter. Dr. Kartell has not practiced medicine or obtained CMEs in ten years. Dr. Kartell submitted false information on his application for reinstatement. Dr. Kartell has not demonstrated to the reasonable satisfaction of the Board that he is of good professional character. On May 5, 2010, the Board voted to uphold its denial of Dr. Kartell’s application for reinstatement to practice medicine in New Hampshire.

Bijoy L. Kundu, M.D. - License #5387
5/10/10 - On May 7, 2010 the Board approved a Preliminary Agreement for Practice Restrictions for Bijoy L. Kundu, M.D. Dr. Kundu has professional misconduct allegations pending before the Board. Dr. Kundu voluntarily agrees not to practice medicine, not to write prescriptions, and not to treat or see patients in the State of New Hampshire until such time as the Board approves her return to practice.

David A. York, M.D. - License #9293
5/17/10 - The Board of Medicine accepted a Voluntary Surrender of License from David A. York, M.D. Dr. York relinquishes all rights and privileges to practice medicine in the State of New Hampshire. Before the Board are professional misconduct allegations concerning pending criminal charges for possession of sexually explicit material involving children under twelve years of age.

Serafin C. Anderson, M.D. - License# 7734
6/7/10 - The Board voted to issue an Order Lifting Restrictions on Dr. Serafin Anderson M.D.’s license imposed in the November 13, 2003 Settlement Agreement. Dr. Anderson holds a full, unrestricted license in the State of New Hampshire.

Michael P. DiPre, M.D. - License #10234
6/7/10 - On June 2, 2010 the Board voted to issue an Order Restoring Privileges to Michael Dipre M.D. to prescribe Schedule II and Schedule III narcotics suspended in the October 22, 2008 Settlement Agreement. Dr. Dipre holds a full, unrestricted license in the State of New Hampshire.

Thomas D. Wells, D.O. - License #9206
6/8/10 - The Board approved a Preliminary Agreement for Practice Restrictions for Thomas D. Wells, M.D. Dr. Wells has professional misconduct allegations pending before the Board. Dr. Wells voluntarily agrees not to practice medicine, not to write prescriptions, and not to treat or see patients in the State of New Hampshire until such time as the Board approves his return to practice.

Lawrence A. Mazur, M.D. - License #7445
6/30/10 - The Board of Medicine issued an Order of Emergency License Suspension and Notice of Hearing to Dr. Lawrence A. Mazur, M.D. The Board has received information indicating that the continued practice of medicine by Dr. Mazur presently poses an imminent threat to life, safety and/or health, which warrants the temporary suspension of Dr. Mazur’s license to practice medicine pending a hearing that is scheduled for July 7, 2010.

Karen M. Calegari, D.O. - License #10701
7/8/10 - The Board of Medicine approved a Settlement Agreement for Karen Calegari, D.O. Dr. Calegari sold prescription-strength medications through a website without a valid physician-patient relationship. Dr. Calegari is reprimanded and assessed an administrative fine in the amount of $1,000.

Kevin R. Costin, P.A. - License #0012
7/8/10 - The Board of Medicine approved a Settlement Agreement for Kevin Costin, P.A. Mr. Costin wrote six prescriptions for an individual, without establishing a valid physician-patient relationship with her, without the authorization of the individual’s treating physician or his own responsible supervising physician, and without noting five of those prescriptions in the individual’s medical chart. Mr. Costin is reprimanded and is required to complete (15) hours in the area of professional boundaries and documentation. He is assessed an administrative fine in the amount of $3,000.

Susan M. Hare, M.D. - License #11415
7/8/10 - The Board approved a Preliminary Agreement for Practice Restrictions for Susan M. Hare, M.D. Dr. Hare has professional misconduct allegations pending before the Board. Dr. Hare voluntarily agrees not to write prescriptions in the State of New Hampshire for Schedule II and/or III narcotics until the conclusion of adjudicatory proceedings arising out of the allegations.

Ronald J. Nasif, M.D. - License #11424
7/12/10 - The Board of Medicine accepted a Voluntary Surrender of License from Ronald J. Nasif, M.D. Before the Board are professional misconduct allegations concerning pending disciplinary charges. Dr. Nasif relinquishes all rights and privileges to practice medicine in the State of New Hampshire.

Bruce D. Latham, D.O. - License #12799
7/12/10 - The Board of Medicine approved a Settlement Agreement for Bruce D. Latham, D.O. The Board received information pertaining to the quality of care provided to some of his patients. Dr. Latham failed to adequately document the rationale underlying his decision-making related to diagnostic testing and therapeutic treatment on four patients. Dr. Latham is reprimanded; he has participated in an 8-hour Center for Personalized Education for Physicians ("CPEP") Patient Care Documentation Seminar. Dr. Latham is required to participate in an assessment of his medical skills at the University of New England, College of Osteopathic Medicine and provide the Board with documentation of completion of any recommendations made by the assessment.

Robert H. Richardson, M.D. - License #7206
7/12/10 - The Board of Medicine approved a Settlement Agreement for Robert H. Richardson, M.D. Dr. Richardson’s license lapsed on June 30, 2007. He continued to practice medicine and prescribe controlled substances and other medication for patients after his license lapsed. Dr. Richardson is reprimanded and is required to participate in CPEP for an evaluation of his clinical skills and his mental and physical ability to practice medicine.

David S. Chase, M.D. - License #4185
8/12/10 - The Board of Medicine accepted a Permanent Voluntary Surrender of License from David S. Chase, M.D. Dr. Chase relinquishes all rights and privileges to practice medicine in the State of New Hampshire. This surrender permanently extends the "Agreement to Abstain from License Reapplication During Pendency of Appeal," which was approved by the NH Board on August 6, 2008.

Richard P. Kulak, D.O. - License #None
8/9/10 - The Board issued an Order of Conditional Denial for Richard P. Kulak, D.O. The Board voted to deny Dr. Kulak’s application to practice medicine in New Hampshire based on an order from the New York State Board for Professional Medical Conduct and based upon Dr. Kulak’s failure to honestly answer a question on his New Hampshire license application regarding a previous disciplinary action.

William R. Hart, M.D. - License #3393
9/2/10 - The Board of Medicine accepted a Voluntary Surrender of License from William R. Hart. Dr. Hart relinquishes all rights and privileges to practice medicine in the State of New Hampshire. This surrender has occurred in settlement of pending disciplinary charges.

Michelle F. Lackovic, M.D. - License #8314
9/3/10 - The Board of Medicine approved a Settlement Agreement for Michelle F. Lackovic, M.D. Dr. Lackovic treated chronic pain patients for an internet-based health company, and relied on them to maintain and/or retain treatment records. The internet-based health company is now defunct and Dr. Lackovic is unable to obtain any of the records that it may have maintained and/or retained. Dr. Lackovic is required to complete the Case Western Reserve School of Medicine on controlled substance management or its equivalent, and was assessed an administrative fine in the amount of $3,000.00.

Susan M. Hare, M.D. - License #11415
9/8/10 - The Board approved a Settlement Agreement for Susan M. Hare, M.D. Dr. Hare engaged in professional misconduct relating to her prescribing practices in the treatment of pain management patients. The review of the patient treatment files for patients treated for chronic pain and pain management revealed a pattern in Dr. Hare's prescribing practice that was incompatible with the basic knowledge and competence expected of a physician. Dr. Hare's conduct constituted inadequate record keeping and she engaged in misconduct relating to her supervision of her license practical nurse. Dr. Hare's license to practice medicine is suspended for five years. Dr. Hare is indefinitely restricted from prescribing schedule II and III narcotics. Dr. Hare is permanently restricted from treating chronic pain patients and shall not employ a nurse practitioner or physician assistant who prescribes schedule II and III narcotics for chronic pain patients. Dr. Hare shall compete the University of California, San Diego, School of Medicine PACE program course on physician prescribing practices or the Case Western Reserve School of Medicine continuing education course on controlled substance management, within twelve months. Dr. Hare must complete an additional 24 CMEs in the area of documentation of medical records, documentation of prescribing practices, and boundaries for professionals treating colleagues or office personnel. Dr. Hare is assessed an administrative fine in the amount of $5,000.00.

James W. Olswang, M.D. - License #9498
9 /13/10 - The Board of Medicine approved a Settlement Agreement for James Olswang, M.D. Dr. Olswang misdiagnosed a case of acute angle closure glaucoma during an ER evaluation of a patient. Dr. Olswang is reprimanded and required to complete an additional 8 CMEs in the areas of documentation and ophthalmic emergency medicine. Dr. Olswang is assessed an administrative fine in the amount of $2,000.

Anthony A. Amponsem, M.D. - License #T0454
10/8/10 - The Board approved a Preliminary Agreement for Practice Restrictions for Anthony A. Amponsem, M.D. Dr. Amponsem has professional misconduct allegations pending before the Board. Dr. Amponsem voluntarily agrees not to practice medicine, not to write prescriptions, and not to treat or see patients in the State of New Hampshire until such time as the Board approves his return to practice.

Christopher G. Carter, P.A. - License #0498
10/11/10 - The Board issued an Order Lifting Restriction of License. The Board finds that Mr. Carter has complied with all provisions of the March 13, 2007 Settlement Agreement and finds that it is appropriate to lift the restrictions placed on his license in section 9F of the Settlement Agreement at this time.

Lawrence A. Mazur, M.D. - License #7445
10/13/10 - The Board issued an Order of Emergency License Suspension and Notice of Hearing dated June 30, 2010. On October 6, 2010 the Board accepted a Permanent Voluntary Surrender of License from Lawrence A. Mazur, M.D. Dr. Mazur permanently relinquishes all rights and privileges to practice medicine in the State of New Hampshire and shall not reapply for licensure in the State of New Hampshire.

Bijoy L. Kundu, M.D. - License #5387
11/4/10 - The Board approved a Settlement Agreement for Bijoy Kundu, M.D. (See Preliminary Agreement for Practice Restrictions dated May 10, 2010). Dr. Kundu resigned her privileges at a NH hospital during an investigation into her inpatient clinical management. Dr. Kundu is reprimanded and her license is suspended for a minimum of twelve months. Dr. Kundu shall meaningfully participate in a global assessment of her ability and skills as a physician conducted by the Center for Personalized Education for Physicians in Aurora, Colorado. Dr. Kundu is assessed an administrative fine in the amount of $4,000.

Christopher B. Kirby, M.D. - License #8450
11/8/10 - The Board of Medicine approved a Settlement Agreement for Christopher Kirby, M.D. (See Preliminary Agreement for Practice Restrictions dated March 12, 2009). Dr. Kirby had violated his New Hampshire Professionals Health Program ("NHPHP") contract in that he relapsed on alcohol. Dr. Kirby is reprimanded and required to complete a fifteen-month residential drug and alcohol treatment program. He shall engage in a ten-year contract for monitoring by the NH PHP, including at least five years of random testing for alcohol.

Dinh T. Nguyen, M.D. - License#T0464
10/12/10 - The Board of Medicine issued an Order of Conditional Denial for Dinh T. Nguyen, MD, finding he does not meet the minimum qualifications for licensure in New Hampshire pursuant to the NH Code of Administrative Rules, Med 302.01, in that Dr. Nguyen has completed only one year of documented postgraduate training. Dr. Nguyen's license is now denied.

Randy K. Hawkins, M.D. - License# 13157
11/17/10 - The Board of Medicine approved a Settlement Agreement with Randy K. Hawkins, MD. Dr. Hawkins provided anesthesia to a nurse that he worked with on a regular basis for a scheduled C-section. Within months, Dr. Hawkins became intimately involved with the nurse. Dr. Hawkins responded untruthfully to questions about this relationship to the Board's investigator, to the NHPHP, and to the Acumen Institute. Dr. Hawkins is reprimanded and is required to complete an additional 24 CMEs in the area of professional boundaries. Dr. Hawkins is required to participate in the NHPHP and is assessed an administrative fine in the amount of $10,000.

Kenneth J. Koval, M.D. - License# 12209
12/3/10 - The Board of Medicine approved a Settlement Agreement for Kenneth J. Koval, M.D. Dr. Koval has, on several occasions, prescribed medications, including controlled substances, to two women with whom he had personal relationships but with whom he did not have valid physician-patient relationships. Dr. Koval is reprimanded and is required to complete an additional 24 CMEs in the pre-approved program entitled: "Prescribing Controlled Drugs: Critial Issues and Common Pitfalls of Misprescribing." Dr. Koval is assessed an administrative fine in the amount of $2000.00.


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