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Board Actions - 2011

Geoffrey A. Lundy, M.D. - License #9840
2/4/11 - The Board of Medicine approved a Settlement Agreement for Geoffrey A. Lundy, M.D. The Board obtained information pertaining to Dr. Lundy's practice of unnecessary billing and testing culminating in Dr. Lundy's settlement agreement with the Office of the Inspector General of the US Department of Health and Human Services. Dr. Lundy is reprimanded.

David N. Lunianski, D.O. - License #14714
2/4/11 - The Board of Medicine approved a Settlement Agreement for David N. Lunianski, D.O. On his NH application for licensure, Dr. Lunianski: (1) misrepresented that he graduated summa cum laude; (2) failed to report that he had been suspended and dismissed from a residency program; and (3) failed to report that he was under contract with the Rhode Island Medical Society's Physician Health Committee. Effective February 9, 2011, Dr. Lunianski's license to practice medicine is indefinitely suspended. Dr. Lunianski: (1) is reprimanded; (2) shall participate in a forensic psychiatric assessment by Acumen Assessments, LLC; and (3) shall enter a five-year contract with the NH Professionals Health Program.

Michael J. O'Connell, M.D. - License # 7690
2/4/11 - The Board approved a Preliminary Agreement for Practice Restrictions for Michael J. O'Connell, M.D. Dr. O'Connell has professional misconduct allegations pending before the Board. Dr. O'Connell 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.

Jayakumar Patil, M.D. - License # 7955
2/4/11 - The Board of Medicine approved a Settlement Agreement for Jayakumar Patil, M.D. Subsequent to a June 15, 2009 Settlement Agreement, the Board requested from Dr. Patil, and reviewed, the records of ten patients created after the 2009 agreement. Dr. Patil continued failure to keep legible records is a breach of the 2009 Agreement. Dr. Patil is reprimanded; his license is suspended for 30 days commencing April 15, 2011. Dr. Patil is assessed an administrative fine in the amount of $10,000.

Mark E. Splaine, M.D. - License #9131
3/7/11 - The Board of Medicine approved a Settlement Agreement for Mark E. Splaine, M.D. Dr. Splaine failed to inform a patient with a highly elevated Prostate - Specific Antigen (“PSA”) result for more than one year. Dr. Splaine is reprimanded and required to complete an additional 6 hours of CMEs. Three of these hours shall be in the area of prostate cancer screening and three shall be in the medico-legal aspect of the medical records. Dr. Splaine is assessed an administrative fine in the amount of $2,000.

Don A. Holshuh, M.D. - License #6016
4/6/11 - The Board of Medicine issued an Order of Emergency Suspension and Notice of Hearing. The Board has received information indicating that the continued practice of medicine by Dr. Holshuh presently poses an imminent threat to life, safety and/or health, which warrants the temporary suspension of Dr. Holshuh license to practice medicine pending a hearing that is scheduled for April 15, 2011.

Susan M. Hare, M.D. - License #11415
5/6/11 - On May 6, 2011, the Board of Medicine issued a Final Order in the Matter of Susan M. Hare #11-01. On April 6, the Board held a hearing to determine whether Dr. Hare failed to comply with the terms of her September 2010 Settlement Agreement by failing to pay the $5,000 administrative fine. The Board found that three $1,000 checks were paid late, one $1,000 check bounced, and one $1,000 check was never tendered. Dr. Hare is assessed an administrative fine in the amount of $10,000. She is ordered to pay the entire sum of $12,000 on or before May 6, 2012.

Susan M. Hare, M.D. - License #11415
5/10/11 - On May 10, 2011, the Board of Medicine issued a Final Order in the Matter of Susan M. Hare, docket #11-04. On April 15, the Board concluded a hearing to determine whether Dr. Hare failed to comply with the terms of her September 2010 Settlement Agreement by engaging in the practice of medicine during her suspension. The Board found that Dr. Hare practiced medicine while her license was suspended, that she created a SOAP note under another practitioner’s name, and that she ordered a prescription under another practitioner’s name. Dr. Hare’s license is revoked.

Susan M. Hare, M.D. - License #11415
7/11/11 - The Board of Medicine issued a Final Decision and Order in the Matter of Susan M. Hare, M.D., docket #11-06 (*license revoked docket # 11-04). On June 1, 2011, the Board held a hearing after which the Board found that Dr. Hare engaged in unprofessional conduct by failing to alert patients and staff about closing her practice, failing to respond to patients’ records requests, failing to safeguard patient information, and failing to cooperate with a Board investigation. Dr. Hare is reprimanded and assessed an administrative fine in the amount of $87,900. Among other things, within 7 days Dr. Hare is required to provide medical records to patients who have made requests and to provide a written accounting thereof to the Board.

Bradley N. Libenson D.O. - License #14530
6/6/11 - The Board issued a Final Decision and Order for Bradley N. Libenson, D.O., docket #11-05. On May 4, the Board held a hearing after which the Board found that Dr. Libenson engaged in professional misconduct by refusing to provide records subpoenaed by the Board as part of an ongoing investigation. Dr. Libenson is reprimand and assessed an administrative fine in the amount of $3,000.

Mathew V. Hopkins, M.D. - License #13013
6/3/11 - The Board of Medicine approved a Settlement Agreement for Mathew V. Hopkins, M.D. On October 24, 2009, the Medical Board of Wyoming issued a final order regarding a self-reporting to the Wyoming Professional Assistance Program. Accordingly, the New Hampshire Board has taken reciprocal action. Dr. Hopkins is required to enter into a new five-year contract with WPAP and extend his period of probation for an additional five years.

Dan W. Joachim, M.D. - License #14530
6/3/11 - The Board approved a Preliminary Agreement for Practice Restrictions for Dan W. Joachim, M.D. Dr. Joachim recognizes that professional misconduct allegations are now pending against him before the NH Board and the Louisiana Board. He hereby voluntarily agrees to abide by certain practice restrictions during his practice of medicine in the state of NH until such time as the Louisiana Board and the NH Board issue final orders resolving allegations of professional misconduct against him. Dr. Joachim 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.

Zarina G. Memon, M.D. - License #11570
6/6/11 - The Board approved a Settlement Agreement for Zarina Memon, M.D. On April 7, 2011, the Massachusetts Board of Registration in Medicine issued a final order regarding the disposition of disciplinary matters relating to an intention to perform a "deep extubation" prior to a patient breathing on her own and relating to the recommendations of an independent psychiatric evaluation. Accordingly, the New Hampshire Board has taken reciprocal action. Dr. Memon's license is (non-permanently) revoked pursuant to the terms of the Massachusetts Board Order.

Rafael Tejeda, M.D. - License# 12953
7/8/11 - The Board of Medicine approved a Settlement Agreement for Rafael Tejeda, M.D. Dr. Tejeda failed to properly diagnose and treat bilateral acute bronchopneumonia with systemic deoxygenation, which may have contributed to the patient's death. Dr. Tejeda is reprimanded and assessed an administrative fine in the amount of $1,000. Dr. Tejeda is required to participate in 20 additional CMEs in the area of emergency airway management.

Peter T. Pacik, M.D. - License# 4674
7/11/11 - The Board of Medicine issued a Final Decision and Order in the Matter of Peter T. Pacik, M.D., docket #11-02. On June 1, the Board held a hearing after which the Board found that Dr. Pacik engaged in unprofessional conduct by selling prescription-strength skin-care products via the Internet without first establishing a valid physician-patient relationship and by willfully and repeatedly violating RSA 329:17, VI(d). Dr. Pacik is reprimanded and assessed an administrative fine in the amount of $635.00. Dr. Pacik is ordered to cease and desist from selling prescription strength medications to customers via the Internet without first establishing a physician-patient relationship.

Walter J. Griffiths, M.D. - License# 5661
8/5/11 - The Board of Medicine approved a Settlement Agreement for Walter J. Griffiths, M.D. On September 1, 2010, the Vermont Board of Medical Practice issued a final administrative order against Dr. Griffiths. Accordingly, the New Hampshire Board has taken reciprocal action. Dr. Griffiths is reprimanded, is required to retain a "practice monitor," and is required to complete continuing medical education in practice management and opiate maintenance treatment.

Michelle F. Lackovic, M.D. - License# 8314
8/8/11 - The Board of Medicine approved a Final Order in the Matter of Michelle F. Lackovic, M.D. On July 6, the Board held a hearing to determine whether Dr. Lackovic failed to comply with the terms of her September 2010 Settlement Agreement by failing to complete the required continuing medical education course. The Board found that Dr. Lackovic so failed to comply. Dr. Lackovic is reprimanded and assessed an administrative fine in the amount of one dollar. It is further ordered that Dr. Lackovic is restricted from prescribing schedule II and III narcotics for a minimum of twelve months, effective August 15, 2011.

William B. Weeks, M.D. - License# 8374
9/9/11 - The Board of Medicine approved a Settlement Agreement for William B. Weeks, M.D. Dr. Weeks twice violated his five-year contract that requires him to be monitored for alcohol use. Dr. Weeks is reprimanded and assessed an administrative fine in the amount of $1,000.

William M. Todd, M.D. - License# 12360
10/6/11 - The Board of Medicine issued a Final Decision and Order in the Matter of W. Michael Todd, M.D. The Board held a hearing on July 6, 2011, to determine whether Dr. Todd failed to treat a patient's major alcohol withdrawal in the emergency room. The Board finds that on September 4, 2009, Dr. Todd displayed medical practice, which was incompatible with the basic knowledge and competence of an emergency room physician. Dr. Todd is reprimanded and is required to participate in an additional four hours of CMEs in the area of alcoholic and substance abuse patients.

Malcolm S. Beaudett, M.D. - License # 7246
10/18/11 - The Board of Medicine approved a Settlement Agreement for Malcolm Beaudett, M.D. Dr. Beaudett failed to maintain appropriate boundaries with a patient. He is required to complete the Case Western Reserve School of Medicine CME Program in Medical Ethics, Boundaries and Professionalism. Dr. Beaudett is also reprimanded and assessed an administrative fine in the amount of $2,000.

Steven A. Chern, M.D. - License #9078
10/28/11 - The Board approved a Preliminary Agreement for Practice Restrictions for Steven Chern, M.D. Dr. Chern has professional misconduct allegations pending before the Board. Dr. Chern 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.

Don A. Holshuh, M.D. - License #6016
11/4/11 - The Board of Medicine approved a Final Order in the Matter of Don A. Holshuh, M.D. On April 6, the Board issued an emergency license suspension for Dr. Holshuh. On August 3, the Board held a hearing, which continued on September 7, to determine whether Dr. Holshuh had been intoxicated to such a degree that he presented a danger to himself. The Board found, among other things, that Dr. Holshuh engaged in professional misconduct: by purchasing controlled medication for his personal use; by failing to maintain his sobriety; by neglecting to address his mental and physical health; by returning to his practice after consuming alcohol; and by failing to care for his patients due to his consumption of alcohol. Dr. Holshuh is reprimanded and his license is suspended for at least one additional year from the date of the Board's Final Order. Dr. Holshuh is required to participate in a residential treatment program; engage in a seven-year contract for monitoring by NHPHP; and undergo a forensic psychiatric evaluation.

Marcy K. Traum, M.D. - License #RT-1892
11/15/11 - The Board approved a Preliminary Agreement for Practice Restrictions for Marcy Traum, M.D. due to pending issues following her self-reported consumption of alcohol in 2011 in violation of her contract with the New Hampshire Professionals Health Program. Dr. Traum 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.

Michael B. Stevens, M.D. - License #14644
12/12/11 - The Board approved a Settlement Agreement for Michael B. Stevens, M.D. On August 18, 2010, the Massachusetts Board of Registration in Medicine issued a Consent Order and a Probation Agreement. Accordingly, the New Hampshire Board has taken reciprocal action. Dr. Stevens' license is indefinitely suspended, though such suspension is stayed pending Dr. Stevens' compliance with all terms and conditions of the Massachusetts Consent Order and Probation Agreement. Dr. Stevens is permanently restricted form prescribing medication listed on the Drug Enforcement Administration's Schedules II, III, IV, and V.

Michael E. Schorsch, M.D. - License #6680
12/15/11 - The Board of Medicine issued a Final Decision and Order in the Matter of Michael E. Schorsch, M.D., docket #11-11. On October 5, the Board held a hearing after which the Board found that Dr. Schorsch technically committed the violations alleged in the Notice of Hearing. As Dr. Schorsch demonstrated a commitment to curing these defects, the Board followed the Hearing Counsel's recommendation and did not impose discipline.


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