DAVID SAMSON F I L E D ATTORNEY GENERAL OF NEW JERSEY Division of Law 5th Floor 1 2 4 Halsey Street PO Box 45029 QF MEDICAL EXAMINERS

Feb 3 2003 NEW JERSEY STATE BOARD

Newark N e w Jersey 07101 A t t o r n e y f o r the State Board of Medical Examiners

By Jacqueline Pham Deputy Attorney General T e l ( 9 7 3 ) 648- 2436

STATE O F NEW JERSEY DEPARTMENT OF L A W amp PUBLIC SAFETY DIVISION OF CONSUMER AFFAIRS BOARD OF MEDTCAL EXAMINERS

IN THE MATTER OF THE LICENSE O F Administrative Action

J U S T I C E H JAMES CONSENT ORDER OF L icense N o ME 1 8 6 3 6 VOLUNTARY SURRENDER

OF LICENSURE

TO PRACTICE MEDICINE AND SURGERY IN THE STATE OF NEW JERSEY

This matter was opened to the N e w Jersey State Board of

Medical Examiners upon receipt of information that on March 14

2 0 0 1 it was ordered that D r Jane$ (Respondent) license to

practice osteopathic medicine and surgery in t h e State of Ohio be

suspended f o r a n indefinite period of time Said suspension was

based on allegations that r e s p m d e n t was u n a b l e to pract ice

according to acceptable and prevailing s t a n d a r d s of care by

reason of mental i l l n e s s i n c l u d i n g b u t n o t limited to physical

d e t e r i o r a t i o n that adversely a f f e c t s c o g n i t i v e motor or

perceptive s k i l l s Based on t h e O h i o action a C o n s e n t Agreement

and Order was entered by the Pennsylvania State Board of

Osteopathic Medicine wherein respondent voluntarily and

permanently sur rendered h i s license

A f t e r having reviewed the matter it appears to t h e Board

that the Ohio and Pennsylvania disciplinary proceedings establish

a basis f o r disciplinary a c t i o n pursuant to N J S A 451-21(g)

It appearing that respondent desires to resolve this matter

w i t h o u t formal proceedings and f o r good cause shown

IT IS ON T H I S yp-+ day of d 3 e 2002

ORDERED AND AGREED t h a t r e s p o n d e n t s h a l l immediately s u r r e n d e r

h i s license to pract ice medicine and s u r g e r y in the Sta te of New

Jersey with pre jud ice to re-application at a n y f u t u r e t h e

NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS

By William V Harrer M D B L D Board President

2

I have read a n d understand t h e w i t h i n Consent Order and agree to be bound by its terms C o n s e n t is hereby given to the Board to e n t e r this Order

- -

3

THE STATE mDTCAL BOARD OF OHIO

IN THE MATTEROF

JWSTICE H JAMES DO

FINDINGS ORDER AND JOURNAL ENTRY

On October 132000 the State Medical Board of Ohio sent to Justice H James DO- a letter via certified mail return receipt requested stating that the Board had reason to believe that Dr James was unable to praclia according to acceptable and prevailing standards of care pursuant to Section 473 122)(19) Obi0 Revised Code to wit [ilnability to practice according to acceptabfe and prevailing standards of care by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skills

The letter further indicated that this determhation was based upon one or more of the following reasons

(I) On or abut May T 81999 after receiving several reports from hospital employees dsribing incidents in which Dr James acted disoriented and confused and concerns regarding his ability to perform duties as the hospital pathologisamp the administrator of Selby General Huspid requested and Dr James agreed to submit to a complete physical examination by his personal physician Dr James physician was to address his current state of mind and mental condition in the evaluation Further in order to assess the quality of Dr James work the administrator obtained his consent to have mother qualified pathologist randomly review slides from his practice and prepare independent pathology rePoamp

Dr James subsequently submitted a report to the hospital fjom his personal physician d o ~ ~ e n t i n g a physical examhatien of him that occurred on Eebnrary 241999 the examination did not include an assessment of his culrent state of mind or mental state

(2) On or about June 30 1999 the administrator of Selby General Hospital requested that Dr James submit to a psychiatric evaluation by Lance McCoy MD to determine his ability to continue hctioning as the hospital pathologist On or about July 16 1999 Dr James submitted lo a Comprehensive Psychiatric Evaluation by Dr McCoy at the Worthington Center in Parkasburg West Virginia

Justice H James DD Page 3

i

General Intellectual Ab il i (a) Full Scale IQ amppauea

(b) Verbal IQ borderhe impairdunamp (E) Performance IQ borderhe impairedhimpaired (d) InteIlechlal efficiency inducthe reasoning and wnceptd ability in

the visual modality borderline irnpakdmpaired

Visuuspatial Processing and Vinro-Motor Integration (a Ability to reproduce geometric designs borderline impaired ) V h a l analysis ability ad abiIity to synthesize parts into wholes low

(c) Ability to visually differentiate M e e n essential and non-essentd

(d) Ability to accurately visually perceive and reproduce a complex visual

(e) Visual perceptual differentiation and conceptual reorganiZation low

averageborderlie impaired

details low averagelborderline impairad

design moderately impaired

average

Allention and Concentration (a) Concentration ability and working memory moderately

(b) Auditory attention low average (c) Visual alternating attention borderline impaired (d) Speed of allocation of attentional resources moderately impampamp

impairedimpaired

Memory Fund ioning (a) Ability to recall simple geometric designs after delay low average (b) Ability to copy and recall a visually complex geometric figure after a

(c) Ability to copy and recall a visually complex geometric figure after a

(d) Long-term verbal semantic memory impaid

three minute delay mildly i m m

thirty minute delay borderline impaired

Language Functioning a) Knowledge of the meanings of words impaid (b) Ability to generate words using Ibe semantic category of animals

averageilow average

Execurive Funclioning (a) Sequential reasoning and logical andysis task borderline impaired

Justice H James D-0 Page 4

Application of judgment to practical situations borderline impaired impaired Verbal concept formation and ability to judge when a conceptual Iiieness is essential as opposed to txivid low average and Abstracthn and mental flexibility h p d

(4) From on or about July 23 to on or about September 251999 Dr James took a leave of absence h r n his position at Selby General Hospital at the request of -tors

It was reported that on or about September 161999 Dr James aged to work in the laboratory at Family Health Services in Marietta Ohio during a prenatal clinic he read slides for three patients that day When reviewing the first slide Dr James commented to a staff nume that the slide was of poor quality the nurse looked and informed him that he did not have the slide under the lens Of the microscope When reviewing the second slide the nurse obsmed that the microscope lens WBS not over the specimen Dr Jamesrsquo report for the second slide initidly stated that the slide was negative for clue cells Upon being advised by the physician working at the clinic that he could not believe the report based on the patientrsquos symptoms Dr James then feread the slide and reported that 8 few clue cells were present The ppanicolaou smear report indimted the presence of an infection When reviewing the tlzird slide Dr Jamesrdquo report indicated negative for fungi The nurse reported that she could see the yeast infection and that again the physician could not believe the qmt based on the patientrsquos symptoms The papaniculaou smear repart indicated the presence of a yeast infection Dr James has not returned to the Family Health Services faborntory since this incident

I

(5 )

(6) It was reported that on or about October 11999 Dr Jamesrsquo clinical privileges were summarily suspended at an emergency session of the Seby General Hospital Medical Executive Committee The Ethics Committee of Sefby G e n d Hospital conducted hearings throughout October November and December 1999 and decided to continue the suspension Dr James appealed this decision and in or about December 1999 the Selby General Hospital Board upheld his suspension

The October 132000 certified letter from the Board further notified Justice H James DO that pursuant tn Section 473 1 U)19) Ohio Revised Code he was ordered to submit to an examinatioa The examination was schedded to take place at the Ohio State University with Howard euroeuro Sokolov MD on November IO 2000 at 1OOO am

The October 13 2000 certified letter from the Board further notikl Dr James that failure of an individual to submit to an examination as directed constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individualrsquos control Finally the Iettw notified Dr James that if he failed to submit to

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

d e t e r i o r a t i o n that adversely a f f e c t s c o g n i t i v e motor or

perceptive s k i l l s Based on t h e O h i o action a C o n s e n t Agreement

and Order was entered by the Pennsylvania State Board of

Osteopathic Medicine wherein respondent voluntarily and

permanently sur rendered h i s license

A f t e r having reviewed the matter it appears to t h e Board

that the Ohio and Pennsylvania disciplinary proceedings establish

a basis f o r disciplinary a c t i o n pursuant to N J S A 451-21(g)

It appearing that respondent desires to resolve this matter

w i t h o u t formal proceedings and f o r good cause shown

IT IS ON T H I S yp-+ day of d 3 e 2002

ORDERED AND AGREED t h a t r e s p o n d e n t s h a l l immediately s u r r e n d e r

h i s license to pract ice medicine and s u r g e r y in the Sta te of New

Jersey with pre jud ice to re-application at a n y f u t u r e t h e

NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS

By William V Harrer M D B L D Board President

2

I have read a n d understand t h e w i t h i n Consent Order and agree to be bound by its terms C o n s e n t is hereby given to the Board to e n t e r this Order

- -

3

THE STATE mDTCAL BOARD OF OHIO

IN THE MATTEROF

JWSTICE H JAMES DO

FINDINGS ORDER AND JOURNAL ENTRY

On October 132000 the State Medical Board of Ohio sent to Justice H James DO- a letter via certified mail return receipt requested stating that the Board had reason to believe that Dr James was unable to praclia according to acceptable and prevailing standards of care pursuant to Section 473 122)(19) Obi0 Revised Code to wit [ilnability to practice according to acceptabfe and prevailing standards of care by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skills

The letter further indicated that this determhation was based upon one or more of the following reasons

(I) On or abut May T 81999 after receiving several reports from hospital employees dsribing incidents in which Dr James acted disoriented and confused and concerns regarding his ability to perform duties as the hospital pathologisamp the administrator of Selby General Huspid requested and Dr James agreed to submit to a complete physical examination by his personal physician Dr James physician was to address his current state of mind and mental condition in the evaluation Further in order to assess the quality of Dr James work the administrator obtained his consent to have mother qualified pathologist randomly review slides from his practice and prepare independent pathology rePoamp

Dr James subsequently submitted a report to the hospital fjom his personal physician d o ~ ~ e n t i n g a physical examhatien of him that occurred on Eebnrary 241999 the examination did not include an assessment of his culrent state of mind or mental state

(2) On or about June 30 1999 the administrator of Selby General Hospital requested that Dr James submit to a psychiatric evaluation by Lance McCoy MD to determine his ability to continue hctioning as the hospital pathologist On or about July 16 1999 Dr James submitted lo a Comprehensive Psychiatric Evaluation by Dr McCoy at the Worthington Center in Parkasburg West Virginia

Justice H James DD Page 3

i

General Intellectual Ab il i (a) Full Scale IQ amppauea

(b) Verbal IQ borderhe impairdunamp (E) Performance IQ borderhe impairedhimpaired (d) InteIlechlal efficiency inducthe reasoning and wnceptd ability in

the visual modality borderline irnpakdmpaired

Visuuspatial Processing and Vinro-Motor Integration (a Ability to reproduce geometric designs borderline impaired ) V h a l analysis ability ad abiIity to synthesize parts into wholes low

(c) Ability to visually differentiate M e e n essential and non-essentd

(d) Ability to accurately visually perceive and reproduce a complex visual

(e) Visual perceptual differentiation and conceptual reorganiZation low

averageborderlie impaired

details low averagelborderline impairad

design moderately impaired

average

Allention and Concentration (a) Concentration ability and working memory moderately

(b) Auditory attention low average (c) Visual alternating attention borderline impaired (d) Speed of allocation of attentional resources moderately impampamp

impairedimpaired

Memory Fund ioning (a) Ability to recall simple geometric designs after delay low average (b) Ability to copy and recall a visually complex geometric figure after a

(c) Ability to copy and recall a visually complex geometric figure after a

(d) Long-term verbal semantic memory impaid

three minute delay mildly i m m

thirty minute delay borderline impaired

Language Functioning a) Knowledge of the meanings of words impaid (b) Ability to generate words using Ibe semantic category of animals

averageilow average

Execurive Funclioning (a) Sequential reasoning and logical andysis task borderline impaired

Justice H James D-0 Page 4

Application of judgment to practical situations borderline impaired impaired Verbal concept formation and ability to judge when a conceptual Iiieness is essential as opposed to txivid low average and Abstracthn and mental flexibility h p d

(4) From on or about July 23 to on or about September 251999 Dr James took a leave of absence h r n his position at Selby General Hospital at the request of -tors

It was reported that on or about September 161999 Dr James aged to work in the laboratory at Family Health Services in Marietta Ohio during a prenatal clinic he read slides for three patients that day When reviewing the first slide Dr James commented to a staff nume that the slide was of poor quality the nurse looked and informed him that he did not have the slide under the lens Of the microscope When reviewing the second slide the nurse obsmed that the microscope lens WBS not over the specimen Dr Jamesrsquo report for the second slide initidly stated that the slide was negative for clue cells Upon being advised by the physician working at the clinic that he could not believe the report based on the patientrsquos symptoms Dr James then feread the slide and reported that 8 few clue cells were present The ppanicolaou smear report indimted the presence of an infection When reviewing the tlzird slide Dr Jamesrdquo report indicated negative for fungi The nurse reported that she could see the yeast infection and that again the physician could not believe the qmt based on the patientrsquos symptoms The papaniculaou smear repart indicated the presence of a yeast infection Dr James has not returned to the Family Health Services faborntory since this incident

I

(5 )

(6) It was reported that on or about October 11999 Dr Jamesrsquo clinical privileges were summarily suspended at an emergency session of the Seby General Hospital Medical Executive Committee The Ethics Committee of Sefby G e n d Hospital conducted hearings throughout October November and December 1999 and decided to continue the suspension Dr James appealed this decision and in or about December 1999 the Selby General Hospital Board upheld his suspension

The October 132000 certified letter from the Board further notified Justice H James DO that pursuant tn Section 473 1 U)19) Ohio Revised Code he was ordered to submit to an examinatioa The examination was schedded to take place at the Ohio State University with Howard euroeuro Sokolov MD on November IO 2000 at 1OOO am

The October 13 2000 certified letter from the Board further notikl Dr James that failure of an individual to submit to an examination as directed constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individualrsquos control Finally the Iettw notified Dr James that if he failed to submit to

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I have read a n d understand t h e w i t h i n Consent Order and agree to be bound by its terms C o n s e n t is hereby given to the Board to e n t e r this Order

- -

3

THE STATE mDTCAL BOARD OF OHIO

IN THE MATTEROF

JWSTICE H JAMES DO

FINDINGS ORDER AND JOURNAL ENTRY

On October 132000 the State Medical Board of Ohio sent to Justice H James DO- a letter via certified mail return receipt requested stating that the Board had reason to believe that Dr James was unable to praclia according to acceptable and prevailing standards of care pursuant to Section 473 122)(19) Obi0 Revised Code to wit [ilnability to practice according to acceptabfe and prevailing standards of care by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skills

The letter further indicated that this determhation was based upon one or more of the following reasons

(I) On or abut May T 81999 after receiving several reports from hospital employees dsribing incidents in which Dr James acted disoriented and confused and concerns regarding his ability to perform duties as the hospital pathologisamp the administrator of Selby General Huspid requested and Dr James agreed to submit to a complete physical examination by his personal physician Dr James physician was to address his current state of mind and mental condition in the evaluation Further in order to assess the quality of Dr James work the administrator obtained his consent to have mother qualified pathologist randomly review slides from his practice and prepare independent pathology rePoamp

Dr James subsequently submitted a report to the hospital fjom his personal physician d o ~ ~ e n t i n g a physical examhatien of him that occurred on Eebnrary 241999 the examination did not include an assessment of his culrent state of mind or mental state

(2) On or about June 30 1999 the administrator of Selby General Hospital requested that Dr James submit to a psychiatric evaluation by Lance McCoy MD to determine his ability to continue hctioning as the hospital pathologist On or about July 16 1999 Dr James submitted lo a Comprehensive Psychiatric Evaluation by Dr McCoy at the Worthington Center in Parkasburg West Virginia

Justice H James DD Page 3

i

General Intellectual Ab il i (a) Full Scale IQ amppauea

(b) Verbal IQ borderhe impairdunamp (E) Performance IQ borderhe impairedhimpaired (d) InteIlechlal efficiency inducthe reasoning and wnceptd ability in

the visual modality borderline irnpakdmpaired

Visuuspatial Processing and Vinro-Motor Integration (a Ability to reproduce geometric designs borderline impaired ) V h a l analysis ability ad abiIity to synthesize parts into wholes low

(c) Ability to visually differentiate M e e n essential and non-essentd

(d) Ability to accurately visually perceive and reproduce a complex visual

(e) Visual perceptual differentiation and conceptual reorganiZation low

averageborderlie impaired

details low averagelborderline impairad

design moderately impaired

average

Allention and Concentration (a) Concentration ability and working memory moderately

(b) Auditory attention low average (c) Visual alternating attention borderline impaired (d) Speed of allocation of attentional resources moderately impampamp

impairedimpaired

Memory Fund ioning (a) Ability to recall simple geometric designs after delay low average (b) Ability to copy and recall a visually complex geometric figure after a

(c) Ability to copy and recall a visually complex geometric figure after a

(d) Long-term verbal semantic memory impaid

three minute delay mildly i m m

thirty minute delay borderline impaired

Language Functioning a) Knowledge of the meanings of words impaid (b) Ability to generate words using Ibe semantic category of animals

averageilow average

Execurive Funclioning (a) Sequential reasoning and logical andysis task borderline impaired

Justice H James D-0 Page 4

Application of judgment to practical situations borderline impaired impaired Verbal concept formation and ability to judge when a conceptual Iiieness is essential as opposed to txivid low average and Abstracthn and mental flexibility h p d

(4) From on or about July 23 to on or about September 251999 Dr James took a leave of absence h r n his position at Selby General Hospital at the request of -tors

It was reported that on or about September 161999 Dr James aged to work in the laboratory at Family Health Services in Marietta Ohio during a prenatal clinic he read slides for three patients that day When reviewing the first slide Dr James commented to a staff nume that the slide was of poor quality the nurse looked and informed him that he did not have the slide under the lens Of the microscope When reviewing the second slide the nurse obsmed that the microscope lens WBS not over the specimen Dr Jamesrsquo report for the second slide initidly stated that the slide was negative for clue cells Upon being advised by the physician working at the clinic that he could not believe the report based on the patientrsquos symptoms Dr James then feread the slide and reported that 8 few clue cells were present The ppanicolaou smear report indimted the presence of an infection When reviewing the tlzird slide Dr Jamesrdquo report indicated negative for fungi The nurse reported that she could see the yeast infection and that again the physician could not believe the qmt based on the patientrsquos symptoms The papaniculaou smear repart indicated the presence of a yeast infection Dr James has not returned to the Family Health Services faborntory since this incident

I

(5 )

(6) It was reported that on or about October 11999 Dr Jamesrsquo clinical privileges were summarily suspended at an emergency session of the Seby General Hospital Medical Executive Committee The Ethics Committee of Sefby G e n d Hospital conducted hearings throughout October November and December 1999 and decided to continue the suspension Dr James appealed this decision and in or about December 1999 the Selby General Hospital Board upheld his suspension

The October 132000 certified letter from the Board further notified Justice H James DO that pursuant tn Section 473 1 U)19) Ohio Revised Code he was ordered to submit to an examinatioa The examination was schedded to take place at the Ohio State University with Howard euroeuro Sokolov MD on November IO 2000 at 1OOO am

The October 13 2000 certified letter from the Board further notikl Dr James that failure of an individual to submit to an examination as directed constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individualrsquos control Finally the Iettw notified Dr James that if he failed to submit to

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

THE STATE mDTCAL BOARD OF OHIO

IN THE MATTEROF

JWSTICE H JAMES DO

FINDINGS ORDER AND JOURNAL ENTRY

On October 132000 the State Medical Board of Ohio sent to Justice H James DO- a letter via certified mail return receipt requested stating that the Board had reason to believe that Dr James was unable to praclia according to acceptable and prevailing standards of care pursuant to Section 473 122)(19) Obi0 Revised Code to wit [ilnability to practice according to acceptabfe and prevailing standards of care by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skills

The letter further indicated that this determhation was based upon one or more of the following reasons

(I) On or abut May T 81999 after receiving several reports from hospital employees dsribing incidents in which Dr James acted disoriented and confused and concerns regarding his ability to perform duties as the hospital pathologisamp the administrator of Selby General Huspid requested and Dr James agreed to submit to a complete physical examination by his personal physician Dr James physician was to address his current state of mind and mental condition in the evaluation Further in order to assess the quality of Dr James work the administrator obtained his consent to have mother qualified pathologist randomly review slides from his practice and prepare independent pathology rePoamp

Dr James subsequently submitted a report to the hospital fjom his personal physician d o ~ ~ e n t i n g a physical examhatien of him that occurred on Eebnrary 241999 the examination did not include an assessment of his culrent state of mind or mental state

(2) On or about June 30 1999 the administrator of Selby General Hospital requested that Dr James submit to a psychiatric evaluation by Lance McCoy MD to determine his ability to continue hctioning as the hospital pathologist On or about July 16 1999 Dr James submitted lo a Comprehensive Psychiatric Evaluation by Dr McCoy at the Worthington Center in Parkasburg West Virginia

Justice H James DD Page 3

i

General Intellectual Ab il i (a) Full Scale IQ amppauea

(b) Verbal IQ borderhe impairdunamp (E) Performance IQ borderhe impairedhimpaired (d) InteIlechlal efficiency inducthe reasoning and wnceptd ability in

the visual modality borderline irnpakdmpaired

Visuuspatial Processing and Vinro-Motor Integration (a Ability to reproduce geometric designs borderline impaired ) V h a l analysis ability ad abiIity to synthesize parts into wholes low

(c) Ability to visually differentiate M e e n essential and non-essentd

(d) Ability to accurately visually perceive and reproduce a complex visual

(e) Visual perceptual differentiation and conceptual reorganiZation low

averageborderlie impaired

details low averagelborderline impairad

design moderately impaired

average

Allention and Concentration (a) Concentration ability and working memory moderately

(b) Auditory attention low average (c) Visual alternating attention borderline impaired (d) Speed of allocation of attentional resources moderately impampamp

impairedimpaired

Memory Fund ioning (a) Ability to recall simple geometric designs after delay low average (b) Ability to copy and recall a visually complex geometric figure after a

(c) Ability to copy and recall a visually complex geometric figure after a

(d) Long-term verbal semantic memory impaid

three minute delay mildly i m m

thirty minute delay borderline impaired

Language Functioning a) Knowledge of the meanings of words impaid (b) Ability to generate words using Ibe semantic category of animals

averageilow average

Execurive Funclioning (a) Sequential reasoning and logical andysis task borderline impaired

Justice H James D-0 Page 4

Application of judgment to practical situations borderline impaired impaired Verbal concept formation and ability to judge when a conceptual Iiieness is essential as opposed to txivid low average and Abstracthn and mental flexibility h p d

(4) From on or about July 23 to on or about September 251999 Dr James took a leave of absence h r n his position at Selby General Hospital at the request of -tors

It was reported that on or about September 161999 Dr James aged to work in the laboratory at Family Health Services in Marietta Ohio during a prenatal clinic he read slides for three patients that day When reviewing the first slide Dr James commented to a staff nume that the slide was of poor quality the nurse looked and informed him that he did not have the slide under the lens Of the microscope When reviewing the second slide the nurse obsmed that the microscope lens WBS not over the specimen Dr Jamesrsquo report for the second slide initidly stated that the slide was negative for clue cells Upon being advised by the physician working at the clinic that he could not believe the report based on the patientrsquos symptoms Dr James then feread the slide and reported that 8 few clue cells were present The ppanicolaou smear report indimted the presence of an infection When reviewing the tlzird slide Dr Jamesrdquo report indicated negative for fungi The nurse reported that she could see the yeast infection and that again the physician could not believe the qmt based on the patientrsquos symptoms The papaniculaou smear repart indicated the presence of a yeast infection Dr James has not returned to the Family Health Services faborntory since this incident

I

(5 )

(6) It was reported that on or about October 11999 Dr Jamesrsquo clinical privileges were summarily suspended at an emergency session of the Seby General Hospital Medical Executive Committee The Ethics Committee of Sefby G e n d Hospital conducted hearings throughout October November and December 1999 and decided to continue the suspension Dr James appealed this decision and in or about December 1999 the Selby General Hospital Board upheld his suspension

The October 132000 certified letter from the Board further notified Justice H James DO that pursuant tn Section 473 1 U)19) Ohio Revised Code he was ordered to submit to an examinatioa The examination was schedded to take place at the Ohio State University with Howard euroeuro Sokolov MD on November IO 2000 at 1OOO am

The October 13 2000 certified letter from the Board further notikl Dr James that failure of an individual to submit to an examination as directed constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individualrsquos control Finally the Iettw notified Dr James that if he failed to submit to

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

Justice H James DD Page 3

i

General Intellectual Ab il i (a) Full Scale IQ amppauea

(b) Verbal IQ borderhe impairdunamp (E) Performance IQ borderhe impairedhimpaired (d) InteIlechlal efficiency inducthe reasoning and wnceptd ability in

the visual modality borderline irnpakdmpaired

Visuuspatial Processing and Vinro-Motor Integration (a Ability to reproduce geometric designs borderline impaired ) V h a l analysis ability ad abiIity to synthesize parts into wholes low

(c) Ability to visually differentiate M e e n essential and non-essentd

(d) Ability to accurately visually perceive and reproduce a complex visual

(e) Visual perceptual differentiation and conceptual reorganiZation low

averageborderlie impaired

details low averagelborderline impairad

design moderately impaired

average

Allention and Concentration (a) Concentration ability and working memory moderately

(b) Auditory attention low average (c) Visual alternating attention borderline impaired (d) Speed of allocation of attentional resources moderately impampamp

impairedimpaired

Memory Fund ioning (a) Ability to recall simple geometric designs after delay low average (b) Ability to copy and recall a visually complex geometric figure after a

(c) Ability to copy and recall a visually complex geometric figure after a

(d) Long-term verbal semantic memory impaid

three minute delay mildly i m m

thirty minute delay borderline impaired

Language Functioning a) Knowledge of the meanings of words impaid (b) Ability to generate words using Ibe semantic category of animals

averageilow average

Execurive Funclioning (a) Sequential reasoning and logical andysis task borderline impaired

Justice H James D-0 Page 4

Application of judgment to practical situations borderline impaired impaired Verbal concept formation and ability to judge when a conceptual Iiieness is essential as opposed to txivid low average and Abstracthn and mental flexibility h p d

(4) From on or about July 23 to on or about September 251999 Dr James took a leave of absence h r n his position at Selby General Hospital at the request of -tors

It was reported that on or about September 161999 Dr James aged to work in the laboratory at Family Health Services in Marietta Ohio during a prenatal clinic he read slides for three patients that day When reviewing the first slide Dr James commented to a staff nume that the slide was of poor quality the nurse looked and informed him that he did not have the slide under the lens Of the microscope When reviewing the second slide the nurse obsmed that the microscope lens WBS not over the specimen Dr Jamesrsquo report for the second slide initidly stated that the slide was negative for clue cells Upon being advised by the physician working at the clinic that he could not believe the report based on the patientrsquos symptoms Dr James then feread the slide and reported that 8 few clue cells were present The ppanicolaou smear report indimted the presence of an infection When reviewing the tlzird slide Dr Jamesrdquo report indicated negative for fungi The nurse reported that she could see the yeast infection and that again the physician could not believe the qmt based on the patientrsquos symptoms The papaniculaou smear repart indicated the presence of a yeast infection Dr James has not returned to the Family Health Services faborntory since this incident

I

(5 )

(6) It was reported that on or about October 11999 Dr Jamesrsquo clinical privileges were summarily suspended at an emergency session of the Seby General Hospital Medical Executive Committee The Ethics Committee of Sefby G e n d Hospital conducted hearings throughout October November and December 1999 and decided to continue the suspension Dr James appealed this decision and in or about December 1999 the Selby General Hospital Board upheld his suspension

The October 132000 certified letter from the Board further notified Justice H James DO that pursuant tn Section 473 1 U)19) Ohio Revised Code he was ordered to submit to an examinatioa The examination was schedded to take place at the Ohio State University with Howard euroeuro Sokolov MD on November IO 2000 at 1OOO am

The October 13 2000 certified letter from the Board further notikl Dr James that failure of an individual to submit to an examination as directed constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individualrsquos control Finally the Iettw notified Dr James that if he failed to submit to

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

Justice H James D-0 Page 4

Application of judgment to practical situations borderline impaired impaired Verbal concept formation and ability to judge when a conceptual Iiieness is essential as opposed to txivid low average and Abstracthn and mental flexibility h p d

(4) From on or about July 23 to on or about September 251999 Dr James took a leave of absence h r n his position at Selby General Hospital at the request of -tors

It was reported that on or about September 161999 Dr James aged to work in the laboratory at Family Health Services in Marietta Ohio during a prenatal clinic he read slides for three patients that day When reviewing the first slide Dr James commented to a staff nume that the slide was of poor quality the nurse looked and informed him that he did not have the slide under the lens Of the microscope When reviewing the second slide the nurse obsmed that the microscope lens WBS not over the specimen Dr Jamesrsquo report for the second slide initidly stated that the slide was negative for clue cells Upon being advised by the physician working at the clinic that he could not believe the report based on the patientrsquos symptoms Dr James then feread the slide and reported that 8 few clue cells were present The ppanicolaou smear report indimted the presence of an infection When reviewing the tlzird slide Dr Jamesrdquo report indicated negative for fungi The nurse reported that she could see the yeast infection and that again the physician could not believe the qmt based on the patientrsquos symptoms The papaniculaou smear repart indicated the presence of a yeast infection Dr James has not returned to the Family Health Services faborntory since this incident

I

(5 )

(6) It was reported that on or about October 11999 Dr Jamesrsquo clinical privileges were summarily suspended at an emergency session of the Seby General Hospital Medical Executive Committee The Ethics Committee of Sefby G e n d Hospital conducted hearings throughout October November and December 1999 and decided to continue the suspension Dr James appealed this decision and in or about December 1999 the Selby General Hospital Board upheld his suspension

The October 132000 certified letter from the Board further notified Justice H James DO that pursuant tn Section 473 1 U)19) Ohio Revised Code he was ordered to submit to an examinatioa The examination was schedded to take place at the Ohio State University with Howard euroeuro Sokolov MD on November IO 2000 at 1OOO am

The October 13 2000 certified letter from the Board further notikl Dr James that failure of an individual to submit to an examination as directed constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individualrsquos control Finally the Iettw notified Dr James that if he failed to submit to

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

Justice H James DO Page 5

the examination and such failure was not due to circumstances beyond his contxol the Board would be authorized to enter a default and fd order without the taking of testimony or p m t a t i o n ofevidence

Pursuant to Section 11907 Ohio Revised Code Dr James was duly notified of the exammah rsquoon order and its scheduled date The certified letter return receipt is signed and dated October f 42000 Dr James failed to appear for the psychiatric exafnination that the B o d scheduled for him At no time did Dr James inform the Board that his failure to appear was due to circumstances beyond his control

f WHEREFORE pursuant to Section 473 122)(19) Ohio Revised Code the Board hereby FMDS that Justice H James DO has admitted the tmth of the allegations set forth in the October 132000 letter h m the B a d to Dr James The Board further FMDS that Dr James is unable to practice according to acceptable and prevailing standards af cafe pursuant to Section 473 122)( 19) Ohio Revised Code to wit ldquo[ilnabifity Lo practice a c d g to acceptable and prevailing standards of cafe by reason of mental illness or physical illness including but not limited to physical deterioration that adversely affects cognitive motor or perceptive skihrdquo

WHEREFURE it is hereby ORDERED that

1 The certificate of E James to practice osteopathic medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time

2 The Board shall not consider reinstatement of DL Jamesrsquo certificate to practice osteopathic medicine and surgery unless and until all of the following conditions are met

a DL James shall submit an application for reiastatement ac~~mpanied by appropriate fees ifany

b Dr James shall submit two Written reports hdicahg that nu more than three months prior to submitting his completed application for reinstatkment Dr James has been psychiatrically evaluated at which time Dr Jamesrsquo ability to practice medicine was assessed and he was found capable of practicing medicine according to acceptable and prevailing standards of care The evduations shall be conducted by psychiatrists approved in advance by the B o d The evaluations sidl be at the expense of Dr lames Prior to the evaluations Dr Jmes shall provide the evaluators with a copy of this Order and any other information which the B a d deems may be appropriate to the evaluator Dr James shall authorize release of the evaluatorsrsquo reports to the Board and shall cmufe that the Board is provided With a copy of each repart The reports shall

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I

Justice H James DO Page 6

describe the basis for the evaluatorsrsquo detamhtions and shall include a detailed recornended plan of my care counseling mdor treatment that may be r e q d for Dr James The reports shall also indude any conditions restrictions or limitations that should be imposed on Dr Jamesrsquo iiccnse

c 13r James shall provide authorization h u g h appropriate written consent forms for disclosure of evaluative reports summaries and records by any and dl parties that provide treatment or evaluation for Dr Jamesrsquo psychiatric illness or related conditions or for purposes of complying with this Order whether such treatment or evalvation occurred before-or after the effective date of this Order The abovementioned eva ldve reports s d e s and records 8re considered medical records for purposes of Section 14943 ofthe Ohio R 4 s d Cdle and arc confidential pursuant to statute Dr James shall provide the Board written consent permitting any treatment provider frorn whom he obtains psychiatric treatment to notify the Board in the event he fails to agree to or comply with his psychiabic treament plan

d Dr James shall enter into a written consent agreement including probationary terms conditions and limitations as dctcrmincd by the Board for a minimum period to be determined by the Board or if the Board and Dr James are unable to agree on the t m s of a Written consent agreement then Dr James shall abide by any terms conditions and limitations imposed by Board Order after a hearing conducted pursuant to Chapter 1 19 of the Ohio Revised Code

Further upon reinstatement the 3oatd shall require continued monitoring which shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board Order after a hearing conducted pursuant to Chapter 1 1 9 of the Revised Code

3 In the event that Dr James has not been engaged in tbe active practice of osteopathic medicine for a p e h d b excess of two years prior 50 application for reinstatement the Board may exercise its discretion under Section 473 1222Oho Revised Code to require additional evidence af Dr Jamesrsquo fitness to resume practice

4 Within tlrty (30) days of the effective date of this Order Dr James shall provide a copy ofthis Order to dl employers or entities with which he I s under contract to provide physician Services or i s receiving training and the Chief of Staff at each hospital where he has privileges or appoinrtnients Further within thirty (30) days

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

Justice H Jam= DO Page T

of the effective date ofthis Order Dr James shall provide a copy of this Order by certified mail return ftceipt requested to the praper licensing authority of any state or jurisdiction in which he currently holds or applies for any professional license or reinstatement of any pmfessiod license Doctor James shall provide this Board with a copy of the return receipt as proof of notification within thirty (3 0) days of receiving that retlrrn receipt

This Order shall ampe cffcctive immediately upon the date of mailing of approval by the State Medical Board of Ohia

This Order is hereby entered upon the J o d oftbe State Medical B o d of OI6o for the 14TH dayof MARCH 2001 and the original thereof shall be kept with said

Journal

Anand G Garg MD

E

MARCH 14 2001 Date

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

C o M M 0 P H OF PENNSYLVANIA DEPRRTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS STATE BQARD OF OSTEOPATHIC MEDICINE

P0 BOX 2649 Huwsmma P ~ ~ ~ T L T U C U 17105

713-7e3-4e58 -Pare PNml= PIC ns

m (717) 717-7769 WUW m STATE FA VS

March 72002

TQ Whom It May Cmcern

As custodian of records for t he Pennsylvania State Board of Osteopathic Medicine 1 certify the attached Consent Agreement and Order is a true copy of the information contained in the file of Justice H James 00

Gina Bittner Administrator State Board of Osteopathic Medicine

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

captioned case

I This i6 before the Sbk Board of O 8 t ~ ~ k McdiCh~ PUTSUant tO the

osteopathic Medical Practice Act Act of October 51978 P L 1109 Ne 261 as ammded

(Act 63 PS 52711 et eq 8

2 At all ~ l ~ ~ n t and material h e s Jamp H lames D0 (Respondat) held a

I license to m c e aeteopathic madicine in the Commonwealth of P m s y h e License No OS-

000549-L

3 The Cammw~eal th a l l ~ ~ that the following facb are h e -

a Reapmdcnte license expired on October 31 1994 and may be

mewed upon the f i g of the appropriate d o c u m d m and payment of the

aecossary fcm

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

because he had retired an8 moved from Qhi~

inchding Permsylvania

FindEnp and of the Finding Oramp 8nd Joumal Entry the Reapondent agrees that i f a

hearing were held and the allegations of paragraph 3 were proven to be true the B o d could 5nd

osteopathic medicine wm disciplined by the proper licensing authority of anotha titate

disc~phd by the proper Scensbg authority of another state

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

i

I

6 Respondent acEmo~ledm meipt aeuro an Order to Show Cause in this matter - -

Respondent howhgly and v o l u n ~ l y waives the right to an administrative hearing in tbis matter

General Counsel approvm the contents aa to form and legaliw and the Board imcs the stipulated

- L

8 Should the B o d not approve this Consent Agrement presentation to md

considerdon ofthis Consent Agreement and other documents and matters by the Bard ShalI not

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I

4

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

Y

Carl J Stich Jr Esquire

DATED

5

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

THE STATE MEDICAL BOARD OF OH30

The lem frathet indicated thst this determination was b s c d upon one or mora of the following rea3om

(13 On or abut May 181W a f k receiving s w d repm h m bospital cmpioyew describing incidents in which Dr Jmcs acted dimdented aad cenfUscd and concern regatding his ability IO perform duties as the havital pathobamp the adminishatot of Selby Gentamp Hospitd quested and Dr James agFeed to submit to B eompke physical d n a t i m by his personal physician Dr Jma physician wd to address his c m n t state of mind and mental condition in the evaluation Further in oramp te assess the quality of Dr James work the a d m i m r obmimd his cansent to haw another qualified pathohgist randomly micw slides from his practice and prepare iudcpndcm pathology m-

I

Dr lames subsequently submitted a report to the ha born his pmonal physician docummhg a physical enmination of him that eccurred on F thuq 241999 thc Examination did not include an asscsmtnt of his c ~ e t l t state of mindotxncntalstatc

(2) On or abolit June 301999 the admhistrator of Selby O e n d H m p M qtcd that Dr Jarnee rmbmit to I mchintric tvaluatian by Lance McCoy UD to dammine his ability ta continue functjodng u the hospital patbologist On or abouc July 161999 Dr Jamu submitted to a Comprchensiva Psychiaoic Evaluation by Dr McCoy at the Wotthington Center in Pampsrsburg W a VirginiL

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

Axis I Adjustment DisOrdtr with MOUJ Mood Cognitive Disorder NOS WO Qementia due to Pukinsons h e questlm o b

Post peio syndrome mmt diagnosis of Parkinsons Disease Psychs~4al Seessrrrs Am Stvcrt potenbl loss ~f

matriage

Highest GAF pa$ year U n k n ~ ~ n

Axis U None Axk IIE A-th IV

emplopen4 unclear if there is suppottive relationship in thc

ampis V C m n t G A F 60

Further in a July 201999 letter to tbe Admiaistrator of Selbj G e d Hospital Dr McCoy stated it is dew that Dt James ha9 cadtiye slippage most grossly displayed by his ihab i l i~ to subtract 7 from 100 in a ampa1 mmer F h e t Dr McCoy felt hi bascd on she bistoxy given by h c hospital administraror and the ofice evaluation it ms unlikely that Pt Jamts would be ampIC to earsy out the cornpiex tak of an anatomic patholagist

(3) At the request of h e Administrator of Sdby General Hospital and Dr McCoy Pr Jmw submitted to B NeurophyschoIogical EWwtion by Saul K Chpmaq PhD at rhe Worrhington Center in Parkersburg Wtst Virginia 011 July 26 and July 301999 In bh mort Dr Clutpmn conchdtd that the profile obtained of Dr Jmw a e m g n i t i v e abilitia generate significant mncm and nrggtst that be is presenrly iiI equipped in g e n d ta meet the PbIigatioas of satisfmmily canyhg out tht responsibilities of mztomic pathdogamp Dr James mast obvious deficiencies wcre obseived in the nwrrgtcognitive domains of g e n d intdltctuat ability and efficiency visuospatial and visuo-perctptd processing risual and stmantic memory attention md h i g h ardct executive fimction

Further the following is a Iist of selected results o f tests Pdmidisteffd Dr J~nes Neuropsychological Evdwtion by Dt Chapman The Iist ineludes the specific abiIitJllfunctioa mclwrtd and the range within which )lis score fc11 Where possible Dr Jamamp range w8j detmnintd based OD a emparison to ohm of simik agt (70 to 75 yean old) U o r education (1 8 to 20 yean)

J

paa of

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I

Langupga Functioning (a) Knowledge of the meanings of wotdf impaired (b) Ability to gmtrsre wfds using the category of WlS

sYcragdlow svmgc

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I

(4) Fmm on or about July 23 to on or about September 251999 Dr lames took a leave af absence fmm his position at Sclby General Hospital at the rtqucst ef a d z n i t h k I t O f 3

(5) It waa reported hat on or abut September 161999 Dr J a w a g m d to m k in

clinic he read slide3 for three patients that day When revitwing he fint slide Dr Jmts commented to a s t d f ~ ~ ~ bat tht slide wks d p r qualiv the nurse looked anS informed him that he did no have the slide under the lens of the microscope When rwiewing zhc second slide the nurse observed that hc microscope Iau was mt m r the s p h e n Dr J a m d rtpon for fie second slide initially stated that tllt slide was negative for clue cells Upon being advised by b e physicim workiig at he clinic that he could nbt kIim the repcrt basted on the patiefiirsquos spptoms Dr James then r e d the slide and rcprted thiu a few clue cdls w m present The papanicdam i m w report indicated thc pmcnce of an infection When reviewin8 the ampid slide b Jameslsquo report indicatbd ncptiw fot fungi The nurse reported that she could see the yeast infedtion and that a he physician courd not believe the report based on the patientrsquos s p p w m rile papanicolaou smear repod indicated the pmeace of a yeast iafectiun Dr James has not rehlrned to the Family Health Services laboratory sbct this incidmt

the laboratory st Family Health Services in Marietta Ohio during a pmnataI

16) It wm reported that on or about October 1 I 1999 Dr hmesrdquo cliical pivileget were summarily suspded at BD emergency m i o n of the Selby General HospiM Medical k c u t i v e COW~CC The Ethics Cornmitiee of StIby G e n d Hospital conducted htaMgs thtoughm October November and Demnbcr 1999 and decided to continue thc suspedsion Pr Jmei appealed this decision ad in or about Deeembcr 1 W the Stlby General Hospital Board upheld his suspmsion

The Octoamp 132000 certified letter fmm the B o d fktk mtificd Dz J a m s ihst failure of M idvidual to submit to an txMlination ai d i d constirUtes an a h h i o n of the dltgations against the individual udus tht failure is due 20 eireumstancu beyond zht individuallsquos control Finally the letter notif id Dr James that if be failed to submit to

I

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

WeuroEREFORE pmwt tu Section 473 1-22(83(19)1 Ohio R e v i d Code the B a d hereby FINDS that Justice H James DO has nddttd the rmth cf the allegations set forth in the October 132000 letter h m the Board to Dr James The B o d f d m FINDS that Dr James is unable to pctiec according to aeccptablt a d m i n g standards of E are pursuant ta Section 473 1 UB)( 1 S Ohio ampsed Code to wit [i]nabilisy to pracdce according tmcccptable and prelraifing staadsrds of capc by reason of mental illness or physical illness including but not Iimited to physical detclioiadon thar ndvtrseiy affects cognilivs mator or perceptive skib

WHEREFORE i t is hersby URDERED bar

1 The ccrti ficate of Dr Jma IO p d c e osteopathic medicine and surgery in the State of Ohio shall k SUSPENDED for an indefinite period of time

2 The Board shd1 not consider reinstatement of Dr James ctrtificattt to practice osteopathic medicine and sugery urrles~ and until all of the foUowhg conditions are met

a Dr James a h d spbmit an application for reicutamcnc secompanid by lpptopriate fees if any

I

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I

i

d Dr James shall enter into a written consent agreement inc2udiq probationary terns conditions and limitations as determined by ampe Board for a rnhhnm priod to be dekmined by the Board or if the Board and Dr James late wablt to qm on the terns of I mitten consent a g m m m then Dr Jams rhdl abide by my tcm c~nd i t i o r i~~ and limiwtions imposed by Board Order after a W g cmductcd punuant tn Chapter 1 19 of h e Ohio Revised Code

3 I In she event that Dr James has not bem engaged in the active practice of osttopthic medicine fm a period in cxstss of fwo yean $or to application for tei~ternmnf he Board may exercise its dfscrttion undct Section 473 1222 Ohio Revised Code to require additional evidence of Dr James- fitnm to resume practice

4 Within thirly (3Q) days of the cEeetim date of this Order Pr James shall provide a C Q ~ Y of this Order to all employen or =tities with which he is under w n w la pmvidc physician services or b receiving tmhhg and the Chief ofStaampat a h hospital w b m he has privikgts or appointments Further Within thirty (30) days

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

B m A U OF PROFESSIONAL AMI OCCUPATIONAL AFFAIRS MEDICINE

STATE BOARD OF OSTEOPATHIC

conmiseimer chaimlan

Datc ofmailing 43 l )Q l For the Commonwealth E l m R Morgan Esquire

P 0 Box 2649 m b - PA 17105-2649

I

For Respondent I cat1 J Stich Jr ampquire WilTE GETGEY amp MEYER CO LPA 1700 Foursh and Vine Tower 1 WestFourth Street Cincirmati OH 45202-3621

6

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

I

April 232002

Mr William V Roeder Executive Director State of New Jersey Board of Medical Examiners P 0 Box 783 Trenton NJ 08625

RE Justice H James DO

Dear Mi- Roeder

In response to your request please find the enclosed documentation regarding the above referenced practitioner(s) 1 have also included descriptive information from our websitersquos ldquolicensee profile and statusrdquo screen for the purpose of providing positive licensee or registrant identification and license or registration status This information is available through the website address listed below

The license ofhstice H James DO is inactive please see enclosed documentation for further information

Should you have any questions please fee1 free to contact me at the tetephone number or address indicated on this correspondence

Enclosures

03140 1 Board Order

Sincerely h

DiscipIinary Information Assistant

Direct Dial (614) 728-4640

Website wwwstateohudmedl E-Mail Address jackiemoore~medstateohus

FA32 (614) 728-5946

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

bhio Medical Board License Information Page 1 of2

Today Date 42202

Identification Information

Name JAMES JUSTICE W Q L D Birth Date 0511925

Birthplace PAW PAW

Practice Statelprovince MI

City State Zip

County

rsquo Ll7TLE EGG HARrsquoBOR NJ 08087 SEatersquoZlp

County Ou-Of-State

Professional Education

School KIRKSVILLE COL OST MED KIRKSVL MO

Date of Graduation 060256

License Information

I Identification 34-ooo895 Number

Description DOCTOR OF OSTEOPATHIC MEDICINE

SPECIALW FAMILY PRACTICE

ANATOM 1 ClCLl NI CAL PATHOLOGY

OTHER(specia1ty other than those listed)

Ohio License 012957 Originally Issued

License Status

License Status INACTIVE LICENSE

h t t p J w stateoh usme~icens~esuItdaspSKey-3 4000895 4122102

ahio Medical Board License Information

10101 1QO Note Forma Action may invddate license prior to this date

Click on view button for details if formal action is indicated below

License Issued Through

Formal Action Yes

Page 2 oF2

Thepbwe is an accurate representation of information currently maintained by the State Medical Board of Ohio as of April 22 - 2002

The JCAHO and the NCQA have hfomd the Board that they consider this on-line license status information as fulfilling the primary source requirement for verification of licensure in mmplianoe with their respective dent id ing standards

This information is otherwise provided as a public service and no user may claim detrimental reIimce thereon

Modi~al Board Aotnc Page

httplrvww state oh usmedllicenseResults2 aspSKey=34000895 42202

Ohio Medical Board Formal Actions Page I of1

Ohio Medical Board Formal Actions Against JUSTICE HAROLD JAMES License Number 34- 000895

03-14-01 -

Todays Date 42202

BOARD ORDER - M E D I W LICENSE INDEFINITELY SUSPENDED CONDITIONS FOR REINSTATEMENT ESTABLISHED INCLUDING REQUIREMENT THAT DOCTOR ENTER INTO SUWEQUENT CONSENT

AND LLMITATIONS TO MONITOR PRACTICE ORDER ENTERED DUE TO DOCTORS FAILURE TO COMPLY WITH BOND-ORDERED EXRMINATION FOR POSSIBLE INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND PREVAILING STANDARDS OF CARE 3Y REASON OF MENTAL OR PHYSICAL ILLNESS (JOURWAL ENTRY) ORDER MAILED 31501 EFFECTIVE 31501

AGREEMENT INCORPORATING PROBATIONARY TERMS CONDITIONS

End of Repart

The above is an accurate representation of information currently maintained by the State Med~cal Board of Oh0 as of April 22 2002

The JCAHO and the NCQA have informed the Board that they mnsider this on-line Itcense status hfomtion as fulfillling the primary source requirement for verification of limnsure in compliance with their respective credentialing standards

I

This information is otherwise provided as a public semi= and no user may claim detrimental reIiance thereon

Mcdiml Board Homc P a s

Resu 1 ts3 aspAction=PleasampcI i c k+heretto+vi evv+a+summary+o f+ t he+ODO ALi censee27s+Di scipIin42202

I hereby c e d e that the attached documents are true and complete copies as they appear in the Iecords of the State Medical Board of Ohio in the Matter of Justice H James D0

This certification is made by authority of the State Medical Board and on its behalf

Assistant Execuiive Director

I

I hereby c e d e that the attached documents are true and complete copies as they appear in the Iecords of the State Medical Board of Ohio in the Matter of Justice H James D0

This certification is made by authority of the State Medical Board and on its behalf

Assistant Execuiive Director

I