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Board Actions - 2013

Colin T. Kelley, M.D. – License # 10753
1/11/13 – Colin T. Kelley, M.D. entered into a Settlement Agreement with the Board of Medicine. Dr. Kelley pled guilty to one count of Health Care Fraud; Aiding and Abetting, a felony while practicing in New York. Dr. Kelley’s license to practice medicine in the state of New Hampshire is revoked.

Michael P. DiPre, M.D. – License #10234
2/8/13 - The Board issued a Settlement Agreement for Michael P. Dipre, M.D. based on allegations of inappropriate prescribing of narcotics, as well as failure to adequately monitor and document treatment of pain patients being prescribed narcotics. Dr. Dipre’s controlled drug prescribing privileges are suspended for three years, starting from the date of issuance of the Settlement Agreement. The term “controlled drug” refers to any and all drugs contained in the Federal Controlled Substance Schedule. Dr. Dipre shall participate in a global assessment of his ability and skills as a physician conducted by Center for Personalized Education for Physicians (“CPEP”) or by Acumen Assessments.

Thomas D. Wells, D.O. - License #9206
2/8/13 – Thomas D. Wells, D.O. entered into a Settlement Agreement with the Board of Medicine. The Board received information relating to allegations of professional misconduct. On or about March 7, 2009 Dr. Wells was arrested and charged with simple assault for punching his thirteen-year old son in the face and was later convicted of simple assault. After this incident, Dr. Wells voluntarily entered into a contract with NHPHP to address behavioral and substance abuse issues, which he completed. While working as an emergency room physician, concerns were raised that led to his going on medical leave. On his 2010 renewal, Dr. Wells provided inaccurate information concerning his illness and medical leave. He is reprimanded and shall undergo a complete assessment of his clinical skills at KSTAR. The Preliminary Agreement for Practice Restrictions, issued June 8, 2010, shall remain in effect until further order of the Board, and shall not be vacated until the KSTAR Program approves his return to the practice of medicine.

William D. Foord, M.D. – License #5307
2/14/13 - The Board of Medicine issued an Order of Emergency Suspension of Prescribing Privileges and Notice of Hearing. The Board has received information indicating that the continued prescribing of all controlled substances, specifically scheduled drugs II, III, IV and V by Dr. Foord presently poses an imminent threat to life, safety and/or health, which warrants the temporary suspension of Dr. Foord’s prescribing privileges pending a hearing that is scheduled for February 20, 2013.
2/21/13 – The Board approved a Preliminary Agreement for Practice Restrictions for William D. Foord, M.D. Dr. Foord has professional misconduct allegations pending before the Board. Dr. Foord voluntarily agrees not to prescribe any controlled substances, specifically scheduled drugs II, III, IV and V to any person in the State of New Hampshire until further order of the Board.

Dan W. Joachim, M.D. – License #14530
4/8/13 – The Board issued a Final Decision and Order on Dan W. Joachim, M.D. Dr. Joachim engaged in professional misconduct when he was convicted of felony level receipt of child pornography charges in violation of RSA 329:17, VI (j). Dr. Joachim’s license to practice medicine in the State of New Hampshire is revoked.

Kevin M. Kendall, M.D. - License #10774
5/3/13 – The Board of Medicine accepted Dr. Kevin M. Kendall’s voluntary surrender of his New Hampshire medical license due to pending disciplinary charges arising out of an incident where he reported to work while impaired and then hit a wooden object after leaving the hospital.

Jeffrey D. Rosen, M.D. – License #14695
5/3/13 – The Board of Medicine accepted Dr. Jeffrey D. Rosen’s voluntary surrender of his New Hampshire medical license which occurred in settlement of pending disciplinary charges arising out of the denial of his application for licensure by the State of Vermont Medical Board and the subsequent voluntary surrender of his medical license in the State of West Virginia based on the Vermont Board’s licensure denial. The Vermont Medical Board’s denial was based on that State’s finding that Dr. Rosen had mischaracterized a response to a Board Investigator’s inquiry regarding the termination of Dr. Rosen’s employment at the Women’s Health Center of West Virginia.

Mark E. Splaine, M.D. – License #9131
5/3/13 – The Board of Medicine accepted Dr. Mark E. Splaine’s voluntary surrender of his New Hampshire medical license in lieu of disciplinary action. Dr. Splaine failed to maintain medical records for over 2,000 patients he encountered while practicing medicine. Dr. Splaine was ordered to complete certain continuing medical education credits within a specified time and provide the Board with proof of completion from a previous order. Dr. Splaine failed to provide that proof to the Board.

Don A. Holshuh, M.D. – License #6016
5/8/13 – The Board issued a Final Decision and Order for Don A. Holshuh, M.D. Dr. Holshuh engaged in professional misconduct by attempting to order prescription drugs from a drug wholesaler for personal use while his medical license was under suspension. Dr. Holshuh’s license is revoked and shall pay an administrative fine of three thousand dollars.

James R. Frede, M.D. - License #15058
6/7/13 – The Board of Medicine accepted a Voluntary Surrender of License from James R. Frede, M.D. Dr. Frede relinquishes all rights and privileges to practice medicine in the State of New Hampshire. The Voluntary Surrender of License is in settlement of the professional misconduct allegations against Dr. Frede before the Board concerning prescribing non-controlled substances for patients over the internet.

Kenneth Leong, M.D. – License #13774
7/9/13 – The Board of Medicine issued an Order, to dismiss the adjudicatory/disciplinary proceedings in Docket No. 12-16 regarding Dr. Kenneth Leong, regarding an alleged failure to cooperate with the Board and allow Dr. Leong to respond to the claim and the Board to continue its investigation of that claim.

Jonathan B. Warach, M.D. – License #12249
7/10/13 – The Board issued an Agreement for Non-Disciplinary Remedial Action for Dr. Warach. On March 6, 2012, the Board approved a preliminary agreement not to practice medicine. Recently, the Board received and reviewed information pertaining to Dr. Warach’s neurological conditions. Dr. Warach is afflicted by a neurological disability that impairs his ability to safely practice medicine. As a non-disciplinary remedial action pursuant to RSA 329:17, VI-a, Dr. Warach’s license to practice medicine is revoked.

Hasan A. Duymazlar, D.O. – License # 11269
7/18/13 – 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. Duymazlar presently poses an imminent threat to life, safety and/or health, which warrants the temporary suspension of Dr. Duymazlar license to practice medicine pending a hearing that is scheduled for July 26, 2013.
7/19/13 – The Board of Medicine accepted a Voluntary Surrender of License from Hasan A. Duymazlar, D.O. Dr. Duymazlar relinquishes all rights and privileges to practice medicine in the State of New Hampshire. Before the Board are allegations that Dr. Duymuzlar wrote a fraudulent prescription for Oxycodone and had it filled at a pharmacy in New Hampshire.

Charlene G. Sanders, M.D.
7/19/13 – The Board issued a Final Decision and Order of Denial for Dr. Sanders’ application to practice medicine in New Hampshire. Dr. Sanders applied for privileges at Elliot Hospital and during the application process Dr. Sanders provided false information during the credentialing process, which raised questions about Dr. Sanders’ judgment.

Genesio W. Biesek, M.D. - License #7536
8/13/13 - The Board of Medicine issued a Settlement Agreement for Genesio W. Biesek, M.D. Dr. Biesek billed numerous patients for somatosensory testing but performed a completely different test. Dr. Biesek’s practice did not have the necessary equipment to perform the somatosensory testing. Dr. Biesek billed for direct LDL testing in addition to a full lipid panel that included calculated LDL results. Dr. Biesek entered into a Settlement Agreement with the OIG, in which he agreed to pay $265,000 to resolve the allegations against him. Dr. Biesek's license is suspended for a period of one year and is required to participate in 20 hours of continuing medical education in the area of ethics. Dr. Biesek is assessed an administrative fine in the amount of $1500.00.

Marcy K. Traum, M.D. – License #RT-1892
9/6/13 - The Board of Medicine accepted Dr. Marcy Traum’s Voluntary Surrender of her New Hampshire training license 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.

Paul Weinstein, M.D. - License #10850
9/6/2013 - The Board of Medicine accepted a Voluntary Surrender of License from Paul D. Weinstein, M.D. Dr. Weinstein relinquishes all rights and privileges to practice medicine in the State of New Hampshire. Before the Board are allegations that Dr. Weinstein distributed Oxycodone and resulted in him pleading guilty to four felony counts.

Lancelot Toussaint, M.D.
9/6/13 – The Board of Medicine issued a Final Decision and Order of Denial. Lancelot Toussaint, M.D. initial license application is denied because Dr. Toussaint does not meet the requirements of Med 302.01(d) and Med 303.01(c).

Corinne R. Replogle, M.D. - License #14570
10/2/13 - Corinne R. Replogle, M.D. entered into a Settlement Agreement with the Board of Medicine. The Board received information pertaining to Dr. Replogle’s prescribing of controlled and non-controlled medications for her significant other. Dr. Replogle is reprimanded and assessed an administrative fine in the amount of $2,000. Dr. Replogle is required to participate in nine hours of continuing medical education in the area related to ethics.

Arnold D. Scheller, Jr., M.D. - License #8835
11/12/13 - On November 12, 2013, the Board of Medicine approved a Settlement Agreement in the matter of Arnold D. Scheller Jr. M.D. Dr. Scheller is reprimanded and shall pay an administrative fine in the amount of $8,000.00 for letting a nurse practice outside of her scope of practice without a medical license and by failing to evaluate or treat the patients at the facility that he directed himself.

Edward P. Durling, P.A. – License #0463
11/19/13 - Edward P. Durling, P.A. entered into a Settlement Agreement with the Board of Medicine. The Board received information pertaining to Mr. Durling’s ordering controlled and non-controlled medications from Moore to treat himself and his wife when he was not authorized to do so by his registered supervisory physician. Mr. Durling is reprimanded and assessed an administrative fine in the amount of $2000.00. Mr. Durling is required to participate in a two-day live program in medical ethics and professionalism, an intensive course in medical record keeping, and a PBI prescribing course by June 30, 2014.

Nicholas J. Olson, M.D. – License #R2179
11/12/13 - The Board issued a Settlement Agreement for Nicholas J. Olson, M.D. Dr. Olson’s license is restricted to require monitoring for substance abuse based on a voluntary admission to treatment program. Dr. Olson is reprimanded and is required to continue treatment and monitoring as specified in the New Hampshire Professional Health Program Monitoring Contract signed June 19, 2013.


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