commonwealth of pennsylvania · 2020. 12. 22. · 13 latanishen and mr. wills to push board...

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1

COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

4

F I N A L M I N U T E S 5

6

MEETING OF: 7

8

STATE BOARD OF MEDICINE 9

10

TIME: 9:01 A.M. 11

12

BOARD ROOM C 13

One Penn Center 14

2601 North Third Street 15

Harrisburg, Pennsylvania 17110 16

17

Tuesday, February 4, 2020 18

19

20

21

22

23

24

25


2

State Board of Medicine 1 February 4, 2020 2

3 4 BOARD MEMBERS: 5 6 Keith E. Loiselle, Chairman, Public Member 7 K. Kalonji Johnson, Acting Commissioner of 8 Professional and Occupational Affairs 9 Theodore Stauffer, Legal Assistant/Executive 10 Secretary, Bureau of Professional and 11 Occupational Affairs 12

John M. Mitchell, L.P., C.C.P., Vice Chairman 13 Ronald E. Domen, M.D. 14 Mary Pat Howard, Executive Assistant of Quality 15 Assurance, on behalf of Rachel Levine, M.D., 16 Physician General/Secretary of Health 17 Paul J. Valigorsky II, M.D. 18 Mark B. Woodland, M.D. 19 20 BUREAU PERSONNEL: 21 22 Dana M. Wucinski, Esquire, Board Counsel 23 Shana M. Walter, Esquire, Board Counsel 24 Anita P. Shekletski, Esquire, Board Prosecution 25 Liaison 26

Adam Williams, Esquire, Board Prosecutor 27 Keith E. Bashore, Esquire, Board Prosecutor 28 Bridget Guilfoyle, Esquire, Board Prosecutor 29 Jonelle Harter Eshbach, Esquire, Board Prosecutor 30 Mark R. Zogby, Esquire, Board Prosecutor 31 Jason T. Anderson, Esquire, Board Prosecutor 32 Suzanne Zerbe, Board Administrator 33 Maria Lewis, Intern 34 35 Marc Farrell, Deputy Policy Director, Department of 36 State 37 Steve Latanishen, Director of Intergovernmental 38 Affairs 39 Victor Wills, Director of Legislative Affairs 40

Kim Adams, Chief of Fiscal Management, Bureau of 41 Finance and Operations 42 43 ALSO PRESENT: 44 45 Susan DeSantis, PA-C, Pennsylvania Society of 46 Physician Assistants 47 Mark DeSantis, PA-C, Pennsylvania Society of Physician 48 Assistants 49 Ted Mowatt, Wanner Associates, APA 50


3

State Board of Medicine 1 February 4, 2020 (Continued) 2

3 Randy Stevens, Pennsylvania Orthotic & Prosthetic 4 Tanya Miller, MS, LAT, ATC, Pennsylvania Athletic5 Trainers’ Society 6 Natalie Cook, McNees-Winter Group 7 Andrew C. Harvan, PA Medical Society 8 Roxanne Jawadi, Medical Student, Drexel University 9 Cassandra Mitchell, Medical Student, Drexel University 10 11 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26

27 28 29 30 31 32 33 34 35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50


4

*** 1

State Board of Medicine 2

February 4, 2020 3

*** 4

The regularly scheduled meeting of the State 5

Board of Medicine was held on Tuesday, February 4, 6

2020. Keith E. Loiselle, Chairman, Public Member, 7

called the meeting to order at 9:00 a.m. K. Kalonji 8

Johnson, Acting Commissioner, Bureau of Professional 9

and Occupational Affairs; Mark B. Woodland, M.D.; and 10

Ronald Domen, M.D., were not present at the 11

commencement of the meeting. 12

*** 13

[Chairman Loiselle requested that all electronic 14

devices be silenced.] 15

*** 16

Approval of minutes of the December 17, 2019 meeting 17

CHAIRMAN LOISELLE: 18

May we have a motion to approve the 19

Minutes from the December meeting? 20

MR. MITCHELL: 21

So moved. 22

DR. VALIGORSKY: 23

Second. 24



5

Mr. Mitchell moves. Dr. Valigorsky 1

seconds. All in favor of approval of 2

the December meeting signify by saying 3

aye. Any opposed? 4

[The motion carried unanimously.] 5

*** 6

Introduction of Audience Members 7

[Chairman Loiselle requested the introduction of staff 8

and audience members in attendance.] 9

*** 10

[Roll call was taken. Mr. Mitchell was welcomed as 11

the Board's Vice Chairman.] 12

*** 13

Report of Prosecution Division 14

[Adam Williams, Esquire, Board Prosecutor, presented a 15

Consent Agreement for File No. 17-49-13568.] 16

*** 17

[Anita P. Shekletski, Esquire, Board Prosecution 18

Liaison, presented VRP Consent Agreements for File No. 19

19-49-004229, File No. 19-49-016207, File No. 19-49-20

016421, File No. 19-49-016842, File No. 19-49-016960, 21

File No. 19-49-012889, and File No. 20-49-001169.] 22

*** 23

[Keith E. Bashore, Esquire, Board Prosecutor, 24

presented Consent Agreements for File No. 17-49-05309, 25


6

File No. 18-49-007700, File No. 19-49-002131, File No. 1

19-49-009962, File No. 19-49-012501, File No. 19-49-2

013349, and File No. 19-49-015207.] 3

*** 4

[Paul J. Valigorsky, II, M.D. and John M. Mitchell, 5

L.P., C.C.P., Vice Chairman, exited the meeting at 6

9:22 a.m. for recusal purposes.] 7

*** 8

[Mark B. Woodland, M.D., entered the meeting at 9:22 9

a.m.] 10

*** 11

[Bridget Guilfoyle, Esquire, Board Prosecutor, noted 12

this would be her last meeting with this Board. 13

She presented a Consent Agreement for File No. 14

19-49-010578.] 15

*** 16

[Paul J. Valigorsky, II, M.D. and John M. Mitchell, 17

L.P., C.C.P., Vice Chairman, re-entered the meeting at 18

9:23 a.m.] 19

*** 20

[Bridget Guilfoyle, Esquire, Board Prosecutor, 21

presented a Consent Agreement for File No. 19-49-22

005224.] 23

*** 24

[Jonelle Harter Eshbach, Esquire, Board Prosecutor, 25


7

presented a Consent Agreement for File No. 19-49-1

011653.] 2

*** 3

[Mark R. Zogby, Esquire, Board Prosecutor, presented 4

Consent Agreements for File No. 17-49-08920, File No. 5

18-49-02389, File No. 19-49-011277, and File No. 19-6

49-014151.] 7

*** 8

[Mark R. Zogby, Esquire, Board Prosecutor, presented 9

Consent Agreements for File No. 19-49-017853, and File 10

Nos. 17-49-09859 and 18-49-004504.] 11

*** 12

[K. Kalonji Johnson, Acting Commissioner of 13

Professional and Occupational Affairs, entered the 14

meeting at 9:40 a.m.] 15

*** 16

[Theodore Stauffer, Legal Assistant/Executive 17

Secretary, Bureau of Professional and Occupational 18

Affairs, exited the meeting at 9:40 a.m.] 19

*** 20

[Jason T. Anderson, Esquire, Board Prosecutor, 21

presented Consent Agreements for File No. 17-49-02996 22

and File No. 18-49-005841 and 19-49-007733.] 23

*** 24

[Mark B. Woodland, M.D., stated a few medical 25


8

students, who were invited to attend this Board’s 1

proceedings, had not yet arrived but would be 2

introduced upon their arrival.] 3

*** 4

Appointment - Annual Budget Presentation 5

[Kim Adams, Chief of Fiscal Management, Bureau of 6

Finance and Operations, referred members to the Annual 7

Budget Presentation for further discussion of an 8

increased licensee population, revenue figures due to 9

renewals and applications, and actual and budgeted 10

expenses. 11

Ms. Adams noted that the FY '19-'20 Budget 12

indicated a bottom line figured which placed the Board 13

in "great shape financially". She referred to Board 14

Member Expenses for further discussion of the budgeted 15

amount for Fiscal Year '19-'20 and current Board 16

member expenses. There were questions and comments.] 17

*** 18

[Roxanne Jawadi and Cassandra Mitchell, medical 19

students from Drexel University, entered the meeting 20

at 9:55 a.m. and were introduced.] 21

*** 22

Appointment 23

[Steve Latanishen, Director of Intergovernmental 24

Affairs and one of the Governor's liaisons for Boards 25


9

and Commissions Executive Nominations, explained his 1

job to handle all Board vacancies, nominations, 2

candidate recruitment as well as federal affairs, 3

which equated to approximately 6,500 individual 4

appointments. 5

He remarked that the Governor was very pleased 6

with a public member serving as the Chairman of the 7

State Board of Medicine. Mr. Latanishen noted his 8

awareness of the State Board vacancies and was 9

currently working with the Senate on three licensure 10

packages. He explained the protocol for filling seats 11

in licensure boards. Mr. Latanishen announced that a 12

large package of nominees would soon be forthcoming 13

with confirmation within the next few months. 14

Chairman Loiselle expressed his honor to sit as 15

Chairman and noted himself to be the first non-16

physician to serve as Chair. 17

Chairman Loiselle suggested that nominees be made 18

aware that an appointment to the State Board of 19

Medicine was a four-year commitment. He requested 20

that the time to replace a Board member be decreased 21

and multiple people be approached to gather a 22

"repository" of potential Board members. 23

Mr. Latanishen asked to be contacted with any 24

recommendations. Chairman Loiselle suggested a "fast 25


10

track process" or an "emergency appointment process" 1

to fill the Board’s vacancies. He requested those in 2

attendance also recommend one name to fill a Board 3

vacancy. 4

Mr. Mitchell suggested this matter be placed as a 5

standing agenda item for discussion of this proposed 6

legislation by the Subcommittee on Legislation and 7

Policy Development.] 8

*** 9

Report of Acting Commissioner 10

[K. Kalonji Johnson, Acting Commissioner, explained 11

the lengthy process of working together with Mr. 12

Latanishen and Mr. Wills to push Board concerns 13

through the legislature. 14

He noted the resignation of Dr. Nirmal Joshi. 15

Dr. Joshi would be formally recognized for his 16

service.] 17

*** 18

Report of Department of Health 19

[Mary Pat Howard, Executive Assistant of Quality 20

Assurance, on behalf of Rachel Levine, M.D., Physician 21

General/Secretary of Health, updated the Board with 22

regard to the Performance Budget-Based Concept that 23

was passed through Act 48 in '17, which called for an 24

independent financial office review of budget, to look 25


11

at performance-based budget rather than the 1

traditional budget. She noted this had been submitted 2

and, if approved, the Governor and Legislature would 3

review same. She provided copies of the concept for 4

the Board to review. 5

Ms. Howard noted the concept requested every area 6

of the Department of Health be reviewed back to '15's 7

budget-based performance as the resulted outcome 8

measures, including ensuring access to health, HIV 9

drug surveillance, vital statistics, quality assurance 10

(hospital long-term care regulations), or emphasis on 11

another area based on the outcomes. 12

Ms. Howard updated the Board on the Corona Virus 13

and indicated that the virus was a fairly typical 14

virus. This virus had not been seen before but very 15

similar in symptoms to the regular flu. The main 16

symptoms are fever, cough, and shortness of breath or 17

a respiratory-type virus. Ms. Howard noted, to date, 18

there had been 305 deaths in mainland China, but none 19

in the United States. Eleven cases were recently 20

reported in this country. She referred everyone to 21

the website for further information regarding the 22

Corona Virus. 23

Ms. Howard further commented that the flu was 24

currently considered widespread in Pennsylvania, even 25


12

for those who had received flu shots. 1

Dr. Woodland requested that the Secretary be 2

thanked for her participation in 1,2,3 for Maternal 3

Health, a legislative act that was pushed through by 4

the Pennsylvania section of the American College of 5

OB/GYN. He offered additional information on the 6

matter. 7

Dr. Woodland noted that February was Heart Health 8

Month and commented that there needed to be more 9

awareness that cardiovascular disease for women was 10

underemphasized and a concern.] 11

*** 12

Report of Committee on Health-Related Professionals 13

[John Mitchell, L.P., C.C.P, Vice Chairman, had no 14

report, but noted House Bill 1997 would be discussed 15

with the PAs later on in the meeting.] 16

*** 17

Report of Committee on legislation/Policy Development 18

and Review 19

[Keith Loiselle, Public Member, Chairman, noted House 20

Bill 1997 as well as orthotic renewal language would 21

be discussed later on in the meeting.] 22

*** 23

Report of Committee on Licensure Qualifications 24

[Mark Woodland, M.D., stated reports would be 25


13

forthcoming on House Bills, as well as 16A-4948 1

Examination Regulation. Bills would also be discussed 2

that would impact licensure and qualifications.] 3

*** 4

Report of the Vice Chairman 5

[John M. Mitchell, L.P., C.C.P., Vice Chairman, had no 6

report.] 7

*** 8

Report of the Board Chair 9

[Keith Loiselle, Public Member, Chairman, had no 10

additional comments.] 11

*** 12

Report of Board Counsel 13

[Dana Wucinski, Esquire, and Shana Walter, Esquire, 14

Board Counsel, were present. Ms. Wucinski noted 15

matters for discussion during Executive Session, 16

including Consent Agreements and Items 36 through 52. 17

She referred Board members to the Regulatory 18

Status Report for further discussion of Regulation 19

16A-4948-Examination. 20

Ms. Wucinski explained this regulatory package 21

was originally drafted in April of 2016 but was set 22

aside. She and Ms. Walter considered this as a 23

regulation that should be moved up. Ms. Wucinski 24

explained that the FLEX exam will keep the language 25


14

that the passing score satisfies the examination 1

requirement for licensure without restriction, as well 2

as National Boards and examination of the Medical 3

Council of Canada and State Board. Language regarding 4

the Federation of State Medical Boards Licensing 5

Examination offered between 1968 and 1984 would be 6

deleted. 7

The USMLE language was updated to be more in line 8

with eligibility requirements set by the USMLE and the 9

National Board of Medical Examiners. 10

Ms. Wucinski explained the next step would be 11

propose an exposure draft moving forward. 12

Dr. Woodland noted the matter was currently in 13

public comment and referred to the USMLE website 14

regarding the InCUS (Invitational Conference on USMLE 15

Scoring) Brief for further review. There was 16

discussion regarding the contemplation of changing 17

from a numerical score to pass/fail scoring system.] 18

MS. WUCINSKI: 19

I believe the Board will entertain a 20

motion to direct Board Counsel to send 21

out an exposure draft of the proposed 22

rulemaking at 16A-4948, the title of that 23

being Examination. 24

DR. WOODLAND: 25


15

So moved. 1

DR. VALIGORSKY: 2

Second. 3


Dr. Woodland moves, Dr. Valigorsky 5

seconds. All in favor say aye? Any 6

opposed? 7


*** 9

[Ms. Wucinski referred to 16A-4947, Orthotic Fitter 10

Temporary Permits and Training regulation for further 11

discussion. She explained this was originally drafted 12

in 2017 and sent as an exposure draft for public 13

comment. If the Board was still interested, another 14

exposure draft could be distributed. She noted a 15

concern that the 12-month permit does not provide 16

individuals enough time to prepare for the examination 17

and the proposed amendment would amend the language to 18

make the permit valid for 18 months. 19

Language would be added that an individual who 20

had failed the exam three times and whose license had 21

expired must complete another ABC or BOC-approved 22

orthotic fitter precertification education program, 23

after which another permit would be issued for 12 24

months. 25


16

She noted, further, language would be added that 1

the orthotic fitting experience shall include all 2

facets of orthotic fitting. There was further 3

discussion regarding the matter. The matter would be 4

placed on a future agenda for further comments. 5

Randy Stevens, Director of Legislative Affairs, 6

POPS (Pennsylvania Orthotics Prosthetic Society), 7

commented that the following language should also be 8

added to the regulation: And another organization 9

recognized by ICE (Institute for Credentialing 10

Excellence) and accredited by NCCA (National 11

Commission for Certifying Agencies) as those 12

organizations also meet those standards.] 13

MS. WUCINSKI: 14

If there's no other discussion, I believe 15

the Board would entertain a motion to 16

direct Board Counsel to send out an 17

exposure draft of the proposed rulemaking 18

with the changes that have been discussed 19

in open session today at 16A-4947, 20

Orthotic Fitter Temporary Permits and 21

Training. 22

DR. WOODLAND: 23

Move. 24

MR. MITCHELL: 25


17

Second. 1


Dr. Woodland moves, Mr. Mitchell seconds. 3

All in favor say aye? Any opposed? 4


*** 6

Current Committee List 7

[Chairman Loiselle stated no additions or subtractions 8

to the list were necessary with the anticipated 9

addition of three new Board members as noted by Mr. 10

Latanishen.] 11

*** 12

Upcoming 2020 and 2021 Medical Board Meeting Dates 13

[Chairman Loiselle requested that members review the 14

dates and notify Ms. Zerbe of any conflicts.] 15

*** 16

House Bill 2182 - Acupuncture Law Modernization 17

House Bill 1997 - Modernizing Physician Assistant 18

Practice 19

[Shana Walter, Esquire, stated the last action on HB 20

2182 was January 2 of 2020, at which time it was 21

referred to the Professional Licensure Committee. The 22

last action on HB 1997 was January 17, 2020, at which 23

time it was referred to the Professional Licensure 24

Committee. She indicated the legislation would now go 25


18

through the process previously identified by Acting 1

Commissioner Johnson. 2

Ms. Walter explained that the Board could 3

generally discuss the bill, but matters of opinion 4

would be reserved.] 5

*** 6

[Ronald Domen, M.D., entered the meeting at 11:07 7

a.m.] 8

*** 9

[Dr. Woodland commented that HB 2182 contained common 10

language, for a two-year period only 30 hours of 11

continuing education did not seem sufficient regarding 12

the maintenance of clinical skills. 13

Ted Mowatt, Wanner and Associates, on behalf of 14

the APA (Association for Professional Acupuncture) 15

commented that HB 1997 was designed to kind of embed 16

in the statute the concepts published in the 17

regulatory process. He further commented that 30 18

hours of continuing education was typical of all the 19

other non-MD professions in Pennsylvania and average 20

across the country for acupuncturists. Mr. Mowatt 21

noted that the Board offering further comment on the 22

matter would be helpful. There was discussion 23

regarding maintaining oriental medicine language in 24

the legislation. 25


19

Dr. Woodland commented that under HB 1997, the 1

number of PAs to be supervised by a physician would be 2

determined by the physician. Further comments were 3

offered with regard to physician oversight. 4

Acting Commissioner Johnson commented that 5

supervising a large number of PAs would involve a 6

great deal of paperwork and administrative attention 7

and it may not be appealing to a physician. 8

Dr. Woodland stated the AMA's advocacy resource 9

center reviewed the physician's scope of practice 10

published in 2018 and found that 39 states had 11

established limits on the numbers of PAs a physician 12

can supervise or collaborate with. It would be 13

interesting to observe the limits of the other states. 14

15

Dr. Valigorsky had concerns with the statement in 16

the house bill that supervision shall not require the 17

onsite presence of or personal direction of the 18

supervising physician. Mr. Anderson explained that 19

regulations already had offsite supervision by using 20

telemedicine, that there were certain requirements to 21

be onsite, and the physician did not always have to be 22

onsite but must be immediately accessible. He stated 23

immediately accessible was not defined as well as to 24

the forms of communication to be used and the 25


20

appropriate procedure. 1

Chairman Loiselle commented that with a physician 2

assistant, who had been well-trained and experienced, 3

it did not matter that the supervising physician was 4

not looking over their shoulder, not in the building, 5

as long as that supervising physician was accessible. 6

He had concerns that agreements between physicians and 7

PAs were placed somewhere and never seen by the Board 8

for approval. 9

Dr. Woodland commented that maybe clinical 10

service hours should be considered. He referred to a 11

chart which summarized the different states and their 12

stance on PA matters that would be sent to all members 13

of the Board. 14

Chairman Loiselle further commented on a much 15

higher confidence level for PA programs in a hospital 16

or facility settings where oversight control was 17

pretty significant. 18

Ms. Wucinski explained that that would not change 19

the review requirements, as that was regulatory, and 20

offered further explanation. Susan DeSantis explained 21

that only 11 states required approval of a written 22

agreement in the country. She reviewed the AMA 23

document for 2018, and there were definitely some 24

legislative changes in a fair number of states, but 25


21

each would need to be reviewed individually to 1

consider those changes. 2

With regard to substitute supervising physicians, 3

Ms. DeSantis further explained that the definition in 4

the language stated that the substitute was assuming 5

full medical/legal responsibility as if they were 6

acting as the primary. 7

There was additional detailed discussion 8

regarding the Board's concerns. Scenarios with regard 9

to supervision of PAs and review requirements were 10

provided for discussion. 11

Dr. Woodland additionally commented that some 12

unintended consequences could be gaps in the 13

legislation that may be problematic for the Board; 14

such as in medicine transition of care, transition of 15

responsibility was one of the largest places where 16

errors occur. 17

Mr. Stevens explained that access to care was 18

affected by some of the agreements, because PAs cannot 19

sign off on certain documents, which would have to go 20

back to the overseeing physician. He was concerned 21

with how that would be handled. 22

Chairman Loiselle stated the Board was all for 23

procedures that relieve any sort of administrative 24

burden provided they can be enacted without putting 25


22

the patient at risk. He requested that Board Counsel 1

add or delete changes where necessary in the bill so 2

the Board could review the physician assistant law as 3

whole, with those revisions that would be possible if 4

the HB was enacted as written. 5

Medical students in attendance were requested to 6

provide feedback regarding the whole Board process. 7

Ms. Jawadi commented that everyone spoke with 8

"deliberate action and concern" and that was wonderful 9

to see as both a future physician but also as a 10

private citizen. 11

Ms. Mitchell appreciated being at the meeting and 12

"seeing a little bit more behind the scenes" the 13

legislation process going forward, and that opinions 14

could be voiced throughout the entire process.] 15

*** 16

[The Board recessed for lunch at 12:28 p.m. and 17

immediately went into Executive Session until 2:19 18

p.m.] 19

*** 20

[Pursuant to Section 708(a)(5) of the Sunshine Act, 21

the Board entered into Executive Session following a 22

lunch break with Shana M. Walter, Esquire, Board 23

Counsel, and Dana M. Wucinski, Esquire, Board Counsel, 24

for the purpose of conducting quasi-judicial 25


23

deliberations and to receive legal advice from Board 1

Counsel. The Board returned to open session at 2:19 2

p.m.] 3

*** 4

MOTIONS 5

MS. WALTER: 6

We are going to begin with Items Nos. 3 7

through 9 on the agenda. 8

I believe the Board Chairman would 9

entertain a motion to approve the VRP 10

Consent Agreements at File No. 19-49-11

004229; File No. 19-49-016207; File No. 12

19-49-016421; File No. 19-49-016842; 13

File No. 19-49-016960; File No. 19-49-14

012889; and File No. 20-49-001169. 15


Do I have a motion to approve those 17

items? 18

DR. VALIGORSKY: 19

So moved. 20

ACTING COMMISSIONER JOHNSON: 21

Second. 22


Dr. Valigorsky moves, Acting 24

Commissioner Johnson seconds. All in 25


24

favor, say aye. Any opposed? 1


*** 3

MS. WALTER: 4

I believe the Board would entertain a 5

motion to approve the Consent Agreements 6

at Item No. 2 on the agenda and Item 7

Nos. 10 through 16 and Nos. 18 through 8

27 for File No. 17-49-13568; File No. 9

17-49-05309; File No. 18-49-007700; File 10

No. 19-49-002131; File No. 19-49-009962; 11

File No. 19-49-012501; File No. 19-49-12

013349; File No. 19-49-015207; File No. 13

19-49-005224; File No. 19-49-011653; 14

File No. 17-49-08920; File No. 18-49-15

02389; File No. 19-49-0011277; File No. 16

19-49-014151; File No. 19-49-017853; 17

File Nos. 17-49-09859 and 18-49-004504; 18

File No. 17-49-02996; File Nos. 18-49-19

005841 and 19-49-007733. 20

I believe the Board would entertain 21

a motion to approve those Consent 22

Agreements. 23


Do I have a motion to approve? 25


25

MR. MITCHELL: 1

So moved. 2


Second. 4


Mr. Mitchell moves, Acting Commissioner 6

Johnson seconds. All in favor say aye? 7

Any opposed? 8

[The motion carried unanimously. The Respondent's 9

name for File No. 17-49-13568 is James Richard 10

Bellinger, M.D. The Respondent's name for File No. 17-11

49-05309 is Nicholas Steven Sellas. The Respondent's 12

name for File No. 18-49-007700 is Kara Linn Szumski. 13

The Respondent's name for File No. 19-49-002131 is 14

Steven J. Giamporcaro, M.D. The Respondent's name for 15

File No. 19-49-009962 is Arpad Szallasi, M.D. The 16

Respondent's name for File No. 19-49-012501 is Michael 17

Andrew Arata, M.D. The Respondent's name for File No. 18

19-49-013349 is David E. Nowak, M.D. The Respondent's 19

name for File No. 19-49-015207 is Charles Tita, M.D. 20

The Respondent's name for File No. 19-49-005224 is 21

Jeffry William Misko. The Respondent's name for File 22

No. 19-49-011653 is Daniel Isaac Borison, M.D. The 23

Respondent's name for File No. 17-49-08920 is Joseph 24

Victor Vernace, M.D. The Respondent's name for File 25


26

No. 18-49-02389 is Annette M. Alleva, M.D. The 1

Respondent's name for File No. 19-49-011277 is Shawn 2

A. Moyer, L.R.T. The Respondent's name for File No. 3

19-49-014151 is Courtney Renee Sunderland, L.R.T. The 4

Respondent's name for File No. 19-49-017853 is Ashley 5

Anne Weatherby. The Respondent's name for File Nos. 6

17-49-09859 and 18-49-004504 is Stephen Ott Laucks, 7

M.D. The Respondent's name for File No. 17-49-02996 8

is Richard Happ, M.D. The Respondent's name for File 9

Nos. 18-49-005841 and 19-49-007733 is Allyson C. 10

Zeller-Prater. 11

*** 12

MS. WALTER: 13

Now for Item No. 17 on the agenda from 14

which Dr. Valigorsky and Mr. Mitchell 15

recused, I believe the Board would 16

entertain a motion to approve the Consent 17

Agreement for File No. 19-49-010578. 18


Do I have a motion to approve? 20

DR. WOODLAND: 21

So moved. 22


Second. 24



27

Dr. Woodland moves, Acting Commissioner 1


Any opposed? 3

[The motion carried. Mr. Mitchell and Dr. Valigorsky 4

recused from deliberations and voting on the motion. 5

The Respondent's name is Mark Doran Anderson, M.D.] 6

*** 7

MS. WUCINSKI: 8


motion to approve the Proposed 10

Adjudication and Order as Final for 11

Agenda Items 37, 38, 40, 41, Matthew 12

Ronald DeJohn, M.D., File No. 19-49-13

002863, Lilia Gorovits, M.D.; File No. 14

19-49-012760; Arthur John Kranz, M.D., 15

File No. 18-49-011372; and Dana MacNeal, 16

File No. 19-49-005191. 17


Do I have a motion to approve those 19

cases? 20

DR. WOODLAND: 21

So moved. 22

MR. MITCHELL: 23

Second. 24



28

Dr. Woodland moves, Mr. Mitchell seconds. 1

All in favor say aye? Any opposed? 2


*** 4

MS. WUCINSKI: 5


motion to direct Board Counsel to draft 7

and Adjudication and Order for Agenda 8

Items 36 and 39, Alphonso Brenell Benton, 9

M.D., File No. 19-49-000658 and William 10

King, Jr., M.D., File No. 19-49-003804. 11


Do I have a motion to approve Board 13

Counsel drafting an Adjudication and 14

Order for those two cases? 15


So moved. 17

DR. WOODLAND: 18

Second. 19


Acting Commissioner Johnson moves, Dr. 21

Woodland seconds. All those in favor say 22

aye? Any opposed? 23


*** 25


29

MS. WUCINSKI: 1


motion to adopt as final the following 3

Draft Adjudications and Orders: Richard 4

Allen Brown, M.D., File No. 15-49-14771 5

and Molly Lea Cable, L.B.S., File No. 16-6

49-13545. 7


Do I have a motion to approve the Final 9

Adjudications? 10

MR. MITCHELL: 11

So moved. 12

COMMISSIONER JOHNSON: 13

Second. 14




Any opposed? 18


*** 20

MS. WUCINSKI: 21


motion to grant the Initial Unrestricted 23

License to Practice Medicine and Surgery 24

of Enrico Danzer, M.D. and Mohammed R. 25


30

Jendi, M.D. 1


Do I have a motion to approve the 3

applications? 4

DR. WOODLAND: 5

So moved. 6


Second. 8


Dr. Woodland moves, Acting Commissioner 10


Any opposed? 12


*** 14

MS. WUCINSKI: 15


motion to provisionally deny the Initial 17

Unrestricted License to Practice medicine 18

and Surgery by Endorsement of Ibrahim 19

Toufic Bawab, M.D. 20


Do I have a motion to approve the 22

provisional denial of the Unrestricted 23

License? 24



31

So moved. 1

MS. HOWARD: 2

Second. 3


Acting Commissioner Johnson moves, Ms. 5

Howard seconds. All in favor say aye? 6

Any opposed? 7


*** 9

MS. WUCINSKI: 10


motion to provisionally deny the request 12

of William Knowles, L.A.T. to waive the 13

examination. 14


Do I have a motion to provisionally deny 16

the athletic trainer, William Knowles? 17

DR. WOODLAND: 18

So moved. 19


Second. 21


Dr. Woodland moves, Commissioner Johnson 23


opposed? 25


32


*** 2

MS. WUCINSKI: 3


motion to grant the Reactivation 5

Application to Practice as a Physician 6

and Surgeon of William J. Hoffman, M.D. 7


Do have a motion to approve the 9

reactivation? 10

DR. VALIGORSKY: 11

So moved. 12


Second. 14


Dr. Valigorsky moves, Acting Commissioner 16


Any opposed? 18


*** 20

MS. WUCINSKI: 21

At Agenda Item 49 I believe the Board 22

will entertain a motion to direct the 23

Board Administrator to send Robert 24

McInroy, M.D. the standard re-entry 25


33

letter. 1


Do I have a motion to send the standard 3

re-entry letter to Dr. McInroy? 4


So moved. 6

DR. WOODLAND: 7

Second. 8



Woodland seconds. All in favor say aye? 11

Any opposed? 12


*** 14

MS. WUCINSKI: 15


motion to grant the Reactivation 17

Application to Practice as a Physician 18

and Surgeon of Barbara Klock, M.D. 19


Do I have a motion to approve that 21

reactivation? 22

MR. MITCHELL: 23

So moved. 24



34

Second. 1




Any opposed? 5


*** 7

MS. WUCINSKI: 8


motion to approve the stipulated 10

agreement for Bryne Solberg, M.D. at 11

Commonwealth Court Case No. 1486-CD-2019. 12

*** 13

MR. MITCHELL ASSUMED THE CHAIR 14

*** 15

MR. MITCHELL: 16

Is there a motion to approve the 17

Reinstatement of Bryne Solberg, M.D.? 18


So moved. 20

DR. VALIGORSKY: 21

Second. 22

MR. MITCHELL: 23


Valigorsky seconds. All those in favor 25


35

say aye? Any opposed? 1

[The motion carried. Chairman Loiselle recused from 2

deliberations and voting on the motion.] 3

*** 4

CHAIRMAN LOISELLE RESUMED THE CHAIR 5

*** 6

MS. WUCINSKI: 7

And I believe will entertain a motion to 8

grant mediation authority to the Board 9

Counsel for Cherian John, M.D., 10

Commonwealth Court Case No. 1391-CD-2019 11

consistent with discussions in Executive 12

Session. 13


Do I have a motion to grant that 15

mediation authority to Board Counsel? 16


So moved. 18

DR. VALIGORSKY: 19

Second. 20



Valigorsky seconds. All in favor say 23

aye? Are there any opposed? 24



36

*** 1

MS. WALTER: 2

The last item which is not reflected on 3

the printed agenda is a request of Harvey 4

Brookman, M.D. to be permitted to apply 5

for reinstatement prior to paying his 6

$50,000 civil penalty and that he would 7

pay the civil penalty once the Board 8

approves his reinstatement request. 9

I believe the Board would entertain a 10

motion to deny Mr. Brookman's request. 11


Do we have a motion to deny that request? 13

DR. VALIGORSKY: 14

So moved. 15

MR. MITCHELL: 16

Second. 17


Dr. Valigorsky moves, Mr. Mitchell 19


opposed? 21


*** 23

{It was noted that Dr. Domen has already been approved 24

for attendance at the April FSMB Conference. Mr. 25


37

Mitchell would consider attending the conference but 1

it was noted his appointment expires in March of 2020. 2

Acting Commissioner Johnson noted he would tentatively 3

approve two Board members and both Board Counsel to 4

attend. There was further discussion regarding the 5

matter.] 6

*** 7

Adjournment 8


Motion to adjourn? 10

DR. VALIGORSKY: 11

So moved. 12


Second. 14


Dr. Valigorsky moves, Acting Commissioner 16


Any opposed? 18


*** 20

[There being no other business, the State Board of 21

Medicine Meeting adjourned at 2:39 p.m.] 22

*** 23

24

25


38

1

2

CERTIFICATE 3

4

I hereby certify that the foregoing summary 5

minutes of the State Board of Medicine meeting, was 6

reduced to writing by me or under my supervision, and 7

that the minutes accurately summarize the substance of 8

the State Board of Medicine meeting. 9

10

11

12

Evan Bingaman, 13

Minute Clerk 14

Sargent’s Court Reporting 15

Service, Inc. 16

17

18

19

20

21

22

23

24

25

26


39

STATE BOARD OF MEDICINE 1 REFERENCE INDEX 2 February 4, 2020 3

4 TIME AGENDA 5 6 9:00 Official Call to Order 7 8 9:02 Approval of Minutes 9 10 9:03 Introduction of Audience/Roll Call 11 12

9:06 Report of Prosecution Division 13 14 9:45 Appointment - Annual Budget Presentation 15 16 9:55 Appointment - Intergovernmental Affairs 17 18 10:34 Report of Acting Commissioner 19 20 10:35 Report of Department of Health 21 22 10:44 Report of Committee on Health-Related 23 Professionals 24 25 10:45 Report of Committee on 26

Legislation/Policy Development and 27 Review 28 29 10:45 Report of Committee on Licensure 30 Qualifications 31 32 10:47 Report of Board Counsel 33 34 11:03 For the Board’s Information/Discussion 35 36 1:05 Old Business-New Business 37 38 12:28 Lunch/Executive Session 39 2:19 Return to Open Session 40

41 2:19 Motions 42 43 2:39 Adjournment 44 45 46 47 48 49 50

commonwealth of pennsylvania · 2020. 12. 22. · 13 latanishen and mr. wills to push board...

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