minutes may 6, 2020 state of new hampshire board of … · 5/6/2020 · rsa 91-a:5, iv, rsa...

1

MINUTES

May 6, 2020

STATE OF NEW HAMPSHIRE BOARD OF MEDICINE

The regularly scheduled meeting of the New Hampshire Board of Medicine was held electronically via Zoom on the above date, beginning at 8:00 A.M. Unless otherwise indicated, the members present and participating were: Daniel P. Potenza, M.D, President; David C. Conway, M.D., Vice President; Emily R. Baker, M.D.; Michael Barr, M.D.; Jonathan Ballard, MD, MPH, DHHS Medical Director; Gilbert J. Fanciullo, M.D.; Susan M. Finerty, P.A.; Nina C. Gardner, Public Member; Donald L. LeBrun, Public Member and Linda Tatarczuch, Public Member. Absent was: John H. Wheeler, D.O. Dr. Potenza, Board President, opened the meeting at 8:05 A.M. (See attached Script read prior to the start of the meeting). Motion to commence 1st non-public session:

On motion of Dr. Conway, seconded by Ms. Gardner, at 8:05 A.M., the Board voted to conduct a non-public session for the purpose of discussing investigations of alleged licensee misconduct, physician applications with irregularities and other confidential Board business and noting that such a non-public session is authorized by RSA 91-A:3, II (c), RSA 91-A:3, II (e), RSA 91-A:5, IV, RSA 329:18, I, RSA 329:18-a, IV, RSA 329:29, Lodge v. Knowlton, 119 N.H. 574 (1978), and the Board's executive and deliberative privileges. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

1st NON-PUBLIC SESSION: [Minutes kept separately] On motion of Dr. Barr, seconded by Dr. Fanciullo, the Board voted to go into public session at 12:00 P.M.


2

Motion to keep minutes of 1st non-public session confidential: Upon the motion of Dr. Barr and the second of Dr. Fanciullo, at 12:00 P.M. the Board voted to withhold the minutes of the preceding non-public session from public disclosure pursuant to RSA 91-A:3, III on the grounds that public disclosure would be likely to affect adversely the reputation of a person other than a board member and/or to render the proposed action ineffective and/or is not subject to public disclosure pursuant to RSA 329:18, I, RSA 329:18-a, IV or RSA 329:29. However, forty-eight hours after the mailing of any order, its respective vote shall automatically become public in accordance with RSA 329:18-a. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


3

MINUTES PUBLIC SESSION

BOARD OF MEDICINE May 6, 2020

MEETINGS/INTERVIEWS/HEARINGS WITH THE BOARD: 3:00 P.M. – Rules hearing regarding Med 411.02. Board Action: 5/6/20 – Dr. Potenza opened the rules hearing at 3:00 P.M. There was no public comment. Dr. Potenza closed the hearing at 3:17 P.M. On motion of Ms. Gardner, seconded by Dr. Fanciullo, approve final proposal and submit to JLCAR. Each member recorded his or her vote on the motion, which passed by a poll vote of 9 in favor, 1 abstained.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Abstained Ms. Tatarczuch Yes

Actions authorized during 1st non-public session: I. NEW APPLICATIONS: PHYSICIAN LICENSES: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for full license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


BERKE, David M., M.D. – General Surgery – State University of New York Upstate Medical University, 2015. CAMACHO, Marc A., M.D. – Vascular Surgery (Board Certified) – Dartmouth Medical School, 2008. DEINER, Stacie G., M.D. – Anesthesiology (Board Certified) – State University of New York, 2000. HALEY, Jennifer T., M.D. – Dermatology (Board Certified) – Uniformed Services University of the Health Sciences, 1998. HERTLER, Andrew A., M.D. – Internal Medicine (Board Certified) – University of Michigan Medical School, 1982. ADMINISTRATIVE LICENSE.

4

HOVENGA, Lisa M., M.D.- OB/GYN – University of Iowa Carver College of Medicine, 1984. INCHALIK, Kenneth R., M.D. – Pediatric (Board Certified) – Albert Einstein College of Medicine, 1983. MOSLEY, Emmett W. Jr., M.D. – Orthopaedic Surgery (Board Certified) – University of Kentucky College of Medicine, 1988. PARKER, Charles E. Jr., D.O. – Psychiatry (Board Certified) – Philadelphia College of Osteopathic Medicine, 1968. SAHELI, Gezel, M.D. – Psychiatry – Tehran University of Medical Science in Iran, 2006.

PHYSICIAN REINSTATEMENT LICENSES: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for reinstatement of license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


BROWER, Katherine M., M.D. – Internal Medicine – Dartmouth Medical School, 1995.

PHYSICIAN EMERGENCY LICENSE PURSUANT TO GOVERNOR’S EMERGENCY ORDER #15: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for emergency license pursuant to Governor’s Emergency Order #15. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


QURESHI, Furhan R., M.D.

5

LOCUM TENENS LICENSES: Board Action: 5/6/20 – On motion of Dr. Baker, seconded by Dr. Barr, approve for locum tenens license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


TANGNEY, Patrick, M.D.

CONSENT TEMPORARY PHYSICIAN LICENSES: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for temporary license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


VEZERIDIS, Peter S., M.D. – Orthopaedic Surgery (Board Certified) – The Warren Alpert Medical School of Brown University, 2007.

CONSENT PHYSICIAN LICENSES: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for full license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


ACKERMAN, Jason P., M.D. – Urology – Memorial University of the Newfoundland Faculty of Medicine in Canada, 2014. AHMED, Sagheer R., M.D. – Internal Medicine – St. George’s University in Grenada, 2014. BASHKIROV, Maxim V., M.D. - Anesthesiology (Board Certified) – First Moscow State Medical University in Russia, 1997. BELBASE, Bipin, M.D. – Internal Medicine – Tribhuvan University in Nepal, 2014.

6

BIGMAN, Daniel Y., M.D. – Psychiatry – American University of Integrative Sciences, St. Maarten School of Medicine, 2006. BIJWADIA, Jagdeep S., M.D. – Internal Medicine (Board Certified) – Topiwals National Medical College, University of Mumbai in India, 1986. BONIAKOWSKI, Anna M., M.D. – Vascular Surgery – University of Michigan Medical School, 2013. BRADY, John P. IV, M.D. – Internal Medicine (Board Certified) – American University of the Caribbean in St. Maarten, 2014. CAMACHO, Marc A., M.D. – Vascular Surgery (Board Certified) – Dartmouth Medical School, 2008. CHENG, Andrew O., M.D. – Otolaryngology (Board Certified) – Suny Downstate Medical Center, 1981. CULLER, George W. IV, M.D. – Neurology (Board Certified) – Baylor College of Medicine, 2014. DAVIDSON, Carolyn B., M.D. – Internal Medicine (Board Certified) – University of Pittsburgh School of Medicine, 2013. DICROCE, Christopher B., M.D. – Emergency Medicine – Pennsylvania State University College of Medicine, 2016.

FOSTER, Christin M., M.D. – Diagnostic Radiology (Board Certified) – Uniformed Services University of the Health Sciences, 2000. GANESH, Rajan N., M.D. – Internal Medicine – St. Louis University School of Medicine, 2017. GRAVES. Christopher L., M.D. – Anesthesiology (Board Certified) – Wake Forest School of Medicine, 2006. GREENE, Shane M., M.D. – Internal Medicine (Board Certified) – University of Vermont College of Medicine, 2016. GROUP, Ashley R., M.D. – Dermatology (Board Certified) – University of Texas Medical School, 2008. HEATWOLE, Eric V., M.D. – Diagnostic Radiology (Board Certified) – Virginia Commonwealth University School of Medicine, 1997. HIGGINS, John C., M.D. – Internal Medicine (Board Certified) – University of Medicine & Dentistry of New Jersey, 1988.

7

HOPP, Jennifer L., M.D. – Family Practice (Board Certified) – University of Virginia School of Medicine, 2011. KAVOLUS, Joseph J. II., M.D. – Orthopaedic Surgery – Medical University of South Carolina College of Medicine, 2013. KEHAS, Arthur J., M.D. – Internal Medicine (Board Certified) – Oregon Health & Sciences University School of Medicine, 2015. KELLEY, Christopher A., M.D. – Internal Medicine (Board Certified) – Universidad Autonoma De Guadalajara in Mexico, 2012. KELLY, Kathryn L., D.O. – Emergency Medicine – University of New England College of Osteopathic Medicine, 2016. KHAN, Jenna, M.D. – Pathology (Board Certified) – University of Maryland School of Medicine, 2010. KHANNA, Krishn, M.D. – Orthopaedic Surgery – Columbia University College of Physicians & Surgeons, 2014. KING, Stephen M., M.D. – Orthopaedic Surgery (Board Certified) – Augusta University, 2001. KLEINMAN, Michael S., D.O. – Neurology (Board Certified) – University of New England College of Osteopathic Medicine, 2007. LANDSMAN, H. Samuel, M.D. – Psychiatry – Tulane University School of Medicine, 2015. LAWLOR, David P., M.D. – Ophthalmology (Board Certified) – University of Vermont College of Medicine, 1994. LIKHI, Rishi, M.D. – Internal Medicine (Board Certified) – Armed Forces Medical College in India, 2003. MARTINSON, Francis E., M.D. – Anesthesiology – Dartmouth Medical School, 2016. MEHTA, Kunal, M.D. – Vascular Surgery – University of Pittsburgh School of Medicine, 2017. MEHTA, Parthiv N., M.D. – Diagnostic Radiology – Maharashtra Institute of Medical Education & Research in India, 2011. MEHTA, Tapan H., M.D. – Internal Medicine (Board Certified) – Tufts University School of Medicine, 2013.

8

MOTA, Nicholas J., D.O. – Emergency Medicine – University of New England College of Osteopathic Medicine, 2016. PADMANABHA, Anand, M.D. – Orthopaedic Surgery – University of Texas School of Medicine, 2014. PALACIOS-KIBLER, Thamiris V., D.O. – Allergy & Immunology (Board Certified) – Edward Via Virginia College of Osteopathic Medicine, 2011. PATEL, Jitenbhai J., M.D. – Family Practice (Board Certified) – Rosalind Franklin University of Medicine, 2004. PULEO, Thomas D., M.D. – Pediatrics – Universidad Autonoma De Guadalajara in Mexico, 1999. RAICEK, Jacqueline E., D.O. – Internal Medicine – University of New England College of Osteopathic Medicine, 2016. RICHARDSON, Brent A., M.D. – General Surgery – University of Texas Medical School, 2015. RHINEHART, Erin L., M.D. – OB/GYN – University of Pittsburgh School of Medicine, 2013. RHINEHART, Zachary J., M.D. – Internal Medicine (Board Certified) – University of Pittsburgh School of Medicine, 2013. ROBICHAUD-FUENTES, Kyle, M.D. – Family Practice – St. Georges University Grenada West Indies, 2017. ROGERS, Keith A., M.D. – Internal Medicine – American University of the Caribbean in St. Maarten, 2016. SAN MIGUEL, Gretchen, M.D. – Family Practice (Board Certified) – Universidad Central Del Caribe School of Medicine in Puerto Rico, 2002. SHAH, Sunali, M.D. – Neurology – Boston University School of Medicine, 2016. SHEA, Alice C., M.D. – Diagnostic Radiology – St Georges University Grenada West Indies, 2013. SIMON, Debra R., M.D. – Pediatric (Board Certified) – Temple University School of Medicine, 2016. SINGH, Sandeep, M.D. – Internal Medicine (Board Certified) –University College of Medicine Sciences University in India, 1995.

9

SLATER, Andrew M., D.O. – Neurology – University of New England College of Osteopathic Medicine, 2015. SOUEID, Antoine E., M.D. – Internal Medicine (Board Certified) – Ross University in Dominica, 2014. SOWA, Graham R., M.D. – Internal Medicine – Escuela Latino Americana De Medicina in Cuba, 2016. STORN, Johndavid M., M.D. – Emergency Medicine – University of Florida College of Medicine, 2017. STRYJEWSKI, Tomasz P., M.D. – Ophthalmology (Board Certified) – Harvard Medical School, 2013. TRUELOVE, Jessica J., D.O. – Pediatrics – University of New England College of Osteopathic Medicine, 2017. TUCKER, Stephanie, M.D. – Psychiatry (Board Certified) – Sidney Kimmel Medical College at Thomas Jefferson University, 2004. ULJON, Sacha N., M.D. – Pathology (Board Certified) – Icahn School of Medicine at Mount Sinai, 2006. WANG, Susan S., M.D. – Internal Medicine – Harvard Medical School, 2017. WEEKS, Matthew S., M.D. – Anesthesiology – Wayne State University School of Medicine, 2016. WEISS, William B., M.D. – Internal Medicine (Board Certified) – Hahnemann University School of Medicine, 1977. WU, Carolyn S., M.D. – Ophthalmology (Board Certified) – Albert Einstein College o Medicine, 1999. ZAFAR, Abdul M., M.D. – Diagnostic Radiology (Board Certified) – Aga Khan Medical College Aga Khan University in Pakistan, 2007. ZHANG, Rui, M.D. – Radiology (Board Certified) – Shandong University in China, 2002.

10

CONSENT REINSTATEMENT PHYSICIAN LICENSES: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for reinstatement of license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


DOTSON, Suzanna, M.D. – Family Practice (Board Certified) – University of Miami Miller School of Medicine, 2003. RAHIMI, Karim M., M.D. – Internal Medicine (Board Certified) – Kabul Medical Institute in Afghanistan, 2006.

CONSENT PHYSICIAN ASSISTANT LICENSES: Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, approve for full license. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


BAKER, Jeremy R., P.A. (Pending RSP/ARSP) BILODEAU, Mark S., P.A. DORR, Timothy K., P.A. EASTMAN, Lauren, P.A. LEMIRE, Alison S., P.A. SHAIKH, Zenab N., P.A. SHELTON, Katherine A., P.A. SPAYDE, Gregory S., P.A.

COMPACT PHYSICIAN LICENSES: To be ratified by the Board at its May 6, 2020 meeting. Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Baker, Board ratified the following compact licenses. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


11

20433-AFTAHI, Shahab, M.D. – Gastroenterology (Board Certified) – Ross University School of Medicine, 1985. Licensed: 4/3/2020. 24052-AKERS-WHITE, La Tania M., M.D. – Family Practice (Board Certified) – Ponce School of Medicine, 2007. Licensed: 5/5/2020. 20437-BURRUSS, Richard P., M.D. – Emergency Medicine (Board Certified) – Virginia Commonwealth University School of Medicine, 1983. Licensed: 4/8/2020. 20434-CHANG, Justin C., M.D. – Emergency Medicine (Board Certified) – University of Cincinnati, 1999. Licensed: 4/6/2020. 20440-FECAROTTA, Christopher M., M.D. – Ophthalmology (Board Certified) – Suny Upstate Medical University, 2007. Licensed: 4/14/2020. 20432-GONZALES, Jeffrey J., M.D. – Anesthesiology (Board Certified) – University of Illinois at Chicago, 2002. Licensed: 4/3/2020. 20450-KARIKKINETH, Ajoy C., M.D. – Internal Medicine (Board Certified) – Government Medical College Trivandrum in India, 2001. Licensed: 5/1/2020. 20451-KERR, Christine A., M.D. – Internal Medicine (Board Certified) – State University of New York at Buffalo, 2002. Licensed: 5/1/2020. 20446-KHARBAT, Paris A., D.O. – Family Practice (Board Certified) – University of North Texas College of Osteopathic Medicine, 1998. Licensed: 4/27/2020. 20436-KHOSROVI, Houman H., M.D. – Neurosurgery (Board Certified) – West Virginia University, 1992. Licensed: 4/7/2020. 20449-KRAEMER, Eric J., M.D. – Radiology (Board Certified) – University of Iowa, 2000. Licensed: 4/28/2020. 20447-LANSEN, Honore N., M.D. – Family Practice (Board Certified) – New York Medical College, 2008. Licensed: 4/27/2020. 20442-LARSON, Jonathan D., M.D. – Emergency Medicine (Board Certified) – University of Texas Health Science Center-Houston, 2006. Licensed: 4/22/2020. 20454-MOORE, Natasha K., D.O. – Family Practice (Board Certified) – Ohio University College of Osteopathic Medicine, 2010. Licensed: 5/5/2020. 20443-MORRIS, Heidi A., D.O. – Family Practice (Board Certified) – University Heritage College of Osteopathic Medicine, 1989. Licensed: 4/23/2020. 20435-MORRISON, Christopher A., M.D. – Family Practice (Board Certified) – Indiana University School of Medicine-Indianapolis, 1996. Licensed: 4/6/2020.

12

20455-OLSEN, Amy H., M.D. – Family Practice (Board Certified) – University of Washington School of Medicine, 2001. Licensed: 5/5/2020. 20438-PATEL, Nira C., D.O. – Family Practice (Board Certified) – Philadelphia College of Osteopathic Medicine, 2015. Licensed: 4/9/2020. 20453-PHAM, Truc T., M.D. – Internal Medicine (Board Certified) – University of Medicine & Pharmacy at Ho Chi Minh City in Vietnam, 2000. Licensed: 5/5/2020. 20441-ROBINSON-PARKS, Asha Z., M.D. – Family Practice (Board Certified) – Meharry Medical College School of Medicine, 2008. Licensed: 4/16/2020. 20448-SAAB, Ahmad N., M.D. – Family Practice (Board Certified) – American University of Beirut in Lebanon, 1978. Licensed: 4/27/2020. 20445-SCHWARTS, Jamila I.G., M.D. – Internal Medicine (Board Certified) – University of North Carolina at Chapel Hill School of Medicine, 2011. Licensed: 4/23/2020. 20444-VASQUEZ, Peter J., M.D. – Family Practice (Board Certified) – Ohio State University College of Medicine & Public Health, 1983. Licensed: 4/23/2020. 20439- WISEMAN, Jamie R., M.D. – Family Practice (Board Certified) – Ross University School of Medicine, 2010. Licensed: 4/9/2020.

II. Draft Minutes from the April 1, 2020 Board meeting. Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Fanciullo, approved. Each member recorded his or her vote on the motion, which passed by a poll vote of 9 in favor, 1 abstained.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Baker Abstained Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

III. PUBLIC – PRESIDENT'S REPORT None.

13

IV. PUBLIC - TABLED:

T1. DRAFT of Med 411.02, with amendments, for review by the Board. Board Action: 6/5/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, approve initial proposal. Unanimous. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Tabled. Board Action: 9/4/19 – Tabled. Board Action: 10/2/19 – Tabled. Board Action: 11/6/19 – Tabled. Board Action: 12/4/19 – Tabled. Board Action: 1/8/20 – Ms. Taylor will ask Attorney Broderick where these rules are in the process. 1/17/20 – Ms. Taylor spoke with Attorney Broderick who indicated he had other rules that took priority and he will get these rules filed with JLCAR ASAP. Board Action: 2/5/20 – Tabled. Board Action: 3/4/20 – Tabled. Ms. Taylor will get an update from Attorney Broderick. Board Action: 4/1/20 – Tabled. 3/23/20 – Public hearing postponed to May 6, 2020 at 3:00 P.M. due to COVID-19 and holding meetings by Zoom. Board Action: 5/6/20 – On motion of Dr. Potenza, seconded by Dr. Conway, approve DRAFT final proposal of Med 411.02 and submit to JLCAR. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Absent Ms. Tatarczuch Yes

T2. Proposed Memorandum of Understanding (MOU) between the Board of Pharmacy and the

Board of Medicine for review by the Board. Board Action: 6/5/19 – On motion of Ms. Gardner, seconded by Mr. LeBrun, approve MOU. Ms. Taylor to sign and submit to the Board of Pharmacy. Unanimous. 7/3/19 – Board asked Ms. Taylor to provide the MOU to the Board for review at its August 7, 2019 meeting. Board Action: 8/7/19 – Tabled. Board Action: 9/4/19 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, rescind the June 5, 2019 vote to approve the MOU between the Board of Medicine and the Board of Pharmacy. Unanimous. 10/2/19 – Dr. Wheeler has asked that this be put back on the Board’s agenda for further discussion. Board Action: 10/2/19 – Tabled. Board Action: 11/6/19 – Tabled. Ms. Gardner to research the laws/rules and discuss with Board next month. Board Action: 12/4/19 – Tabled. Board Action: 1/8/20 – Tabled. Board Action: 2/5/20 – Tabled. Board Action: 3/4/20 – On motion of Ms. Gardner, seconded by Dr. Fanciullo, tabled. Unanimous. Board Action: 4/1/20 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, tabled. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Wheeler Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Barr, decline to adopt the MOU with the Board of Pharmacy. Each member recorded his or her vote on the motion, which passed by a poll vote of 8 in favor, 1 abstained, 1 absent.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Abstained Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Absent Ms. Tatarczuch Yes

14

T3. 1/8/20 - Deanne M. Chapman, MS, PA-C, NH Professionals Health Program – Discussion regarding physician assistant proposed rule changes. 2/5/20 – Does the Board need to wait for passage of the legislation before it acts on the proposed rule changes? Board Action: 2/5/20 – On motion of Ms. Gardner, seconded by Mr. LeBrun, tabled until passage of the legislation. Unanimous. Board Action: 4/1/20 – On motion of Dr. Potenza, seconded by Ms. Finerty, tabled. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Wheeler Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, tabled. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


V. PUBLIC – NEW BUSINESS:

A. Informational:

1. April 18, 2020 quarterly report from Malcolm S. Beaudett, M.D. regarding Greg Thompson, M.D. Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Conway, file. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


2. Quarterly report received March 27, 2020 from Robert Soucy, D.O. regarding Gayle

Spelman, PA. Board Action: 5/6/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, accept and file. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


15

3. April 6, 2020 quarterly report from Rodney A. Felgate, M.D. regarding Gayle Spelman, PA. Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Ms. Finerty, accept and file. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


4. March 26, 2020 quarterly report from Edward Duffy, M.D. regarding Jonathan Klingler,

M.D. Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Barr, accept and file. Inform Dr. Klingler that he has completed his 2-year monitoring required. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


5. January 15, 2020 quarterly report from Malcolm S. Beaudett, M.D. regarding Greg

Thompson, M.D. Board Action: 5/6/20 – On motion of Dr. Potenza, seconded by Ms. Gardner, accept and file. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


B. Action Items:

1. April 3, 2020 email from Christina M. Bordeau, D.O. requesting a waiver of the renewal fee due to financial hardship. Board Action: 5/6/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, waive renewal fee for Dr. Bordeau. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


16

2. April 3, 2020 email from A. Athar Usmani, M.D. regarding recommendations from the Spine Intervention Society. Board Action: 5/6/20 – On motion of Dr. Barr, seconded by Dr. Conway, refer to the Medical Society. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


3. April 8, 2020 request from Kim Perron, MBA, Business and Reporting Specialist,

ECFMG Training Program Liaison, Office of Graduate Medical Education, Dartmouth-Hitchcock Medical Center, to waive the requirement that an incoming resident take and pass USMLE Step 2 (Clinical Skills), as the testing is suspended through May 31, 2020. Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Potenza, provide a copy of the recently adopted Standing Order to DHMC and all other residency programs. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


4. April 15, 2020 request from Cyrus Washington, who will be beginning residency training

(PGY1) at Dartmouth-Hitchcock Medical Center this summer, to waive the requirement that he take and pass USMLE Step 2 (Clinical Skills) to begin his residency as the testing is suspended through May 31, 2020. Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Potenza, provide a copy of the recently adopted Standing Order to Dr. Washington, DHMC and all other residency programs. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


17

5. April 8, 2020 “Update on License Restriction Terms and Employment Status” with regards to the conditional license of Barbara Steinbrecher, D.O. Board Action: 5/6/20 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, extend the requirement that Dr. Steinbrecher takes the New England Journal of Medicine knowledge/Family Medicine board review course (296 CME credits) to prepare her to sit for the board exam on completion to September 30, 2020. Inform Dr. Steinbrecher that should she decide to practice medicine in New Hampshire, the requirements in her conditional license letter dated March 20, 2019 still exist and inform her that we have no control over her reinstating her license in the State of Maine. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


6. DRAFT Standing Order waiving, under certain circumstances, the requirement in Med 305.04(c)(8) that applicants for a resident training license must provide certification from the NBME that the applicant has taken and passed USMLE Step 2 (Clinical Skills). Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Baker, Board approves the draft Standing Order with the criteria that the applicant has to have been accepted to an ACGME program in New Hampshire, the applicant needs to agree to take USMLE Step 2 (Clinical Skills) at the earliest offering, and the Standing Order expires on December 31, 2020. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


18

VI. LEGISLATION:

1. SB 546 – an act relative to management of chronic pain. Board Action: 2/5/20 – File. 2/18/20 – Request from Jason Moon, Reporter for NH Public Radio, to discuss SB 546 with a Board member. Board Action: 3/4/20 – James Potter, Executive Vice President of the NH Medical Society, reported to the Board that this bill is in Committee. Mr. Potter will share the amendment to this bill when it has been drafted. Board Action: 4/1/20 – On motion of Dr. Potenza, seconded by Mr. LeBrun, tabled until May meeting. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Wheeler Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Absent Ms. Tatarczuch Yes

Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Conway, table until the June 3, 2020 meeting. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


2. SB 597 – an act relative to licensure of physician assistants.

January 16, 2020 email from Linda Martino, Assistant Professor, School of Physician Assistant Studies, MCPHS University, requesting a letter of support from the Board with regard to SB597. Board Action: 2/5/20 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, authorize Ms. Finerty to either appear in person at the hearing on behalf of the Board supporting SB 597 or send a letter on behalf of the Board in support of SB 597. Unanimous. Board Action: 3/4/20 – Tabled. Board Action: 4/1/20 – On motion of Dr. Potenza, seconded by Mr. LeBrun, tabled until May meeting. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.




19

3. HB 1536 – an act relative to pharmacists-in-charge, the inspection and regulation of prescription drugs by the pharmacy board, and disciplinary actions by the pharmacy board. Board Action: 2/5/20 – On motion of Ms. Gardner, seconded by Dr. Wheeler, Board supports amendment from James Potter, Executive Vice President of the NH Medical Society, which removes physicians, physician assistants and Board of Medicine from the proposed language in RSA 318:8-a and RSA 318:9-a. Unanimous. 2/12/20 – Draft letter written by James Potter, Executive Vice President, NH Medical Society, for the signature of Daniel Potenza, M.D. for review by the Board. Board Action: 3/4/20 – Tabled. Board Action: 4/1/20 – On motion of Dr. Potenza, seconded by Mr. LeBrun, tabled until May meeting. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.




4. SB 467 – an act relative to certain procedures conducted in teaching hospitals.

Board Action: 3/4/20 – Tabled. Board Action: 4/1/20 – On motion of Dr. Potenza, seconded by Mr. LeBrun, tabled until May meeting. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.




VII. OTHER PUBLIC ORDERS ISSUED: N/A

20

VIII. DISCIPLINARY PROCEEDINGS: HEARINGS SCHEDULED:

HO, Dennis, D.O. – Hearing scheduled for June 3, 2020 at 1:00 P.M. Docket #: 20-MED-0002 Dr. Fanciullo is the Presiding Officer. No recusals. January 27, 2020 confidential memorandum from Victoria Barnard, Investigator, regarding Dennis Ho, D.O. Board Action: 2/5/20 – On motion of Dr. Ballard, seconded by Ms. Gardner, pursue reciprocal action – issue Show Cause Order regarding Dr. Ho’s surrender of license in Texas. Dr. Potenza will be the Presiding Officer. Hearing will be June 3, 2020 at 1:00 P.M. Unanimous. Board Action: 3/4/20 – Dr. Fanciullo has volunteered to be the Presiding Officer, taking Dr. Potenza’s place. Board Action: 5/6/20 – On motion of Dr. Barr, seconded by Dr. Baker, Ms. Taylor to issue an Amended Notice of Hearing indicating the hearing will be held electronically via real-time, two-way video conferencing through the Office of Professional Licensure and Certification (“OPLC”) ZOOM account. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


21

MASEWIC, Matthew J., M.D. – Hearing scheduled for June 17, 2020 at 2:00 P.M. Docket #: 20-MED-0003 Dr. Barr is the Presiding Officer Dr. Conway, Dr. Ballard, Ms. Gardner and Ms. Tatarczuch recused. Board Action: 2/5/20 – On motion of Dr. Barr, seconded by Ms. Finerty, issue Order to Show Cause scheduling hearing for May 6, 2020 at 1:00 P.M. Dr. Barr will be the Presiding Officer. Dr. Conway, Dr. Ballard, Ms. Gardner and Ms. Tatarczuch recused. All others concurred. 03/04/20 – Board to review draft Notice of Hearing to Show Cause. Board Action: 3/4/20 – On motion of Dr. Fanciullo, seconded by Dr. Barr, approved. Dr. Conway, Dr. Conway, Dr. Ballard, Ms. Gardner and Ms. Tatarczuch recused. All others concurred. Board Action: 4/1/20 – On motion of Dr. Barr, seconded by Ms. Gardner, continue hearing until further notice due to the current COVID-19 Health Advisory. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Recused Ms. Finerty Yes Dr. Wheeler Yes Ms. Gardner Recused Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Recused Ms. Tatarczuch Recused

Board Action: 5/6/20 – On motion of Dr. Barr, seconded by Dr. Baker, reschedule hearing to June 17, 2020 at 2:00 P.M. There will be a panel of Board members hearing the case: Dr. Barr, Dr. Baker, Dr. Potenza, Dr. Fanciullo and Mr. LeBrun. Ms. Taylor to issue an Amended Notice of Hearing with the new hearing date and indicating the hearing will be held electronically via real-time, two-way video conferencing through the Office of Professional Licensure and Certification (“OPLC”) ZOOM account. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Recused Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Recused Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Recused Ms. Tatarczuch Recused

22

OTERI-AHMADPOUR, Concetta, D.O. – Hearing scheduled for July 1, 2020 at 1:00 P.M. Docket #: 20-MED-0001 Dr. Potenza is the Presiding Officer Ms. Gardner recused. December 9, 2019 email from Val Peake, MSA, BBA, Compliance Solutions Manager, Affiliated Monitors, Inc., with attached fourth quarterly report for Concetta Oteri-Ahmadpour, D.O. Board Action: 1/8/20 – On motion of Dr. Fanciullo, seconded by Ms. Finerty, tabled. Ms. Taylor to bring all quarterly reports to the Board next month for its review. Ms. Gardner recused. All others concurred. Board Action: 2/5/20 – On motion of Dr. Ballard, seconded by Ms. Finerty, issue Show Cause Order for violating her Settlement Agreement with the Board dated March 20, 2018. Hearing will be held on April 1, 2020 at 1:00 P.M. Dr. Potenza will be the Presiding Officer. Ms. Gardner recused. All others concurred. 03/19/20 – Due to the current COVID-19 Health Advisory, the Presiding Officer issued and Order of Continuance rescheduling the hearing to July 1, 2020 at 1:30 P.M. Board Action: 5/6/20 – On motion of Dr. Fanciullo, seconded by Dr. Baker, reschedule hearing on July 1, 2020 to start at 1:00 P.M. Ms. Taylor to issue an Amended Notice of Hearing with the new hearing time and indicating the hearing will be held electronically via real-time, two-way video conferencing through the Office of Professional Licensure and Certification (“OPLC”) ZOOM account. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Recused Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

LU, Kang, M.D. – Hearing scheduled for July 1, 2020 at 3:00 P.M. Docket #: 20-MED-0007 Dr. Potenza is the Presiding Officer. No recusals. Board Action: 05/6/20 – On motion of Dr. Baker, seconded by Dr. Conway, issue Notice of Hearing to Show Cause why Dr. Lu should not have his license revoked in New Hampshire. Each member recorded his or her vote on the motion, which passed by a unanimous poll vote of all members present. Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

23

VERMA, Vishal, M.D. – Hearing scheduled for August 5, 2020 at 1:00 P.M. Docket #: 20-MED-0004 Dr. Potenza is the Presiding Officer. No recusals. February 20, 2020 confidential memorandum from Victoria Barnard, Investigator, regarding a PDC report related to Vishal Verma, M.D., license #17417, indicating the Dr. Verma had been disciplined by the Maryland Board of Physicians based on 1) Unprofessional Conduct and 2) Attempting to Obtain a License by Misrepresentation. Board Action: 3/4/20 – On motion of Ms. Tatarczuch, seconded by Mr. LeBrun, issue Notice of Hearing to Show Cause for reciprocal discipline. Unanimous. 04/24/20 – Respondent Vishal Verma’s Motion to Appear For Order to Show Cause Hearing Via Videoconferencing. Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Dr. Barr, Motion approved. Ms. Taylor to issue an Amended Notice of Hearing indicating the hearing will be held electronically via real-time, two-way video conferencing through the Office of Professional Licensure and Certification (“OPLC”) ZOOM account. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


SEVERINGHAUS, John M., M.D. – Hearing scheduled for September 2, 2020 at 1:00 P.M. Dr. Potenza is the Presiding Officer. No recusals. Board Action: 04/1/20 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, issue Notice of Hearing to Show Cause to determine why reciprocal actions should not be taken. Each member recorded his or her vote on the motion, which passed by a poll vote of 9 in favor and 1 abstained. Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Abstained Dr. Wheeler Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

24

VIDAVER, Robert C., M.D. – Hearing scheduled for October 7, 2020 at 1:00 P.M. Docket #: 15-04 Case included: 2015-207. Dr. Rosenthall and Dr. Vidaver recused. Dr. Fanciullo is the Presiding Officer. Hearing Counsel is John F. Brown, Esq. 06/03/15 - Discussion on Report of Investigation regarding Robert C. Vidaver, M.D. Dr. Rosenthall and Dr. Vidaver recused. Board Action: 6/3/15 – On motion of Mr. Waters, seconded by Dr. Barr, request response from Dr. Vidaver with a deadline of June 15, 2015. Also, issue Notice of Hearing. Presiding Officer, Edmund Waters, Jr., is authorized to review and issue the Notice of Hearing. Hearing to be held on July 1, 2015. Unanimous. 06/19/15 – Assented-To Motion to Continue Hearing submitted by Sean R. List, Esq., Attorney for Dr. Vidaver. 06/22/15 – Presiding Officer granted a continuance. Order of Continuance issued. Board to reschedule hearing for a future date. 09/13/18 – Appearance from Cinde Warmington, Esq., Shaheen and Gordon. 09/13/18 – Appearance from Alexander W. Campbell, Esq., Shaheen and Gordon. 10/25/18 – Hearing Counsel’s Petition to Approve Preliminary Agreement Not to Practice, along with the draft Preliminary Agreement Not to Practice for the Board’s review. Board Action: 11/7/18 – On motion of Dr. Fanciullo, seconded by Mr. LeBrun, approve Preliminary Agreement Not to Practice. Unanimous. Board Action: 03/6/19 – Request update from APU. 03/25/19 – Update received from APU. Board Action: 04/3/19 – File Update. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous. 10/10/19 – Update received from Matthew Mavrogeorge, Esq., APU. Board Action: 11/6/19 – File update. Board Action: 04/1/20 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, request update from Attorney Mavrogeorge asking why this case is still ongoing. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Wheeler Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Recused

04/16/20 – Hearing Counsel’s Motion to Amend Notice of Hearing, along with the DRAFT Amended Notice of Hearing, for the Board’s review. Board Action: 5/6/20 – On motion of Ms. Gardner, seconded by Dr. Potenza, accept Hearing Counsel’s Motion to Amend Notice of Hearing. Hearing is scheduled for October 7, 2020 at 1:00 P.M. Dr. Fanciullo will be the Presiding Officer. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


25

LANZETTA, Patrick W., D.O. – Hearing scheduled for December 2, 2020 at 1:00 P.M. Cases included: 2018-234 Dr. Fanciullo is the Presiding Officer. Caitlin Poole, Esq. is Hearing Counsel from APU. No recusals. Board Action: 04/1/20 – On motion of Dr. Potenza, seconded by Dr. Conway, approve Notice of Hearing. Schedule hearing for December 2, 2020 at 1:00 P.M. Dr. Fanciullo will be the Presiding Officer. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Yes Ms. Finerty Yes Dr. Wheeler Yes Ms. Gardner Yes Dr. Barr Yes Mr. LeBrun Yes

Dr. Ballard Yes Ms. Tatarczuch Yes

26

HEARINGS HELD PENDING FINAL DISPOSITION: RIZVI, Hil, M.D. – Hearing scheduled for April 12, 2019 at 11:00 A.M. Docket #: 19-01 Cases included: 2018-36 Dr. Potenza is the Presiding Officer. Sheri Phillips, Esq. is Hearing Counsel from APU. Board Action: 01/2/19 – On motion of Dr. Fanciullo, seconded by Ms. Gardner, issue Notice of Hearing. The hearing will be held on March 6, 2019 at 1:00 P.M. The Presiding Officer will be Dr. Potenza. Unanimous. 01/04/19 – Notice of Hearing issued. 02/18/19 – Hearing Counsel’s List of Witnesses and Exhibits, with attached Exhibits. 03/06/19 – Attorney Phillips from the APU appeared before the Board and requested the Board continue the hearing until April 3, 2019 as Dr. Rizvi did not receive the Notice of Hearing prior to the hearing scheduled for March 6, 2019. Board Action: 3/6/19 – On motion of Ms. Finerty, seconded by Mr. LeBrun, approve request to continue the hearing. Unanimous. On motion of Dr. Baker, seconded by Ms. Gardner, amend the Notice of Hearing to add Dr. Rizvi’s failure to change both his business and home addresses with the Board. 7-1 motion carries. 03/11/19 – Amended Notice of Hearing issued. 03/07/19 – The day after the Board meeting, Attorney Phillips requested the Board convene a panel to consider this matter as Allison Vachon, APU Investigator, is not available to testify at either the April or May Board Meeting dates. Pursuant to Med 206.02(b), the Board President, Dr. Baker, appointed a panel of the Board members for this adjudicatory proceeding. The panel rescheduled the hearing to April 12, 2019 at 11:00 A.M. 04/05/19 – Defendant submits witnesses-Exhibit. 04/12/19 – Hearing held. 05/07/19 – Hearing Counsel’s Proposed Findings of Fact and Rulings of Law. 05/10/19 – Post-Hearing Brief submitted by Hil Rizvi, M.D. Board Action: 6/5/19 – Tabled. Board Action: 7/3/19 – Tabled. Board Action: 8/7/19 – Deliberations occurred in non-public; final actions in adjudicatory proceedings shall not be public until reduced to writing and served upon the parties in accordance with RSA 329:18-a. 05/06/20 - DRAFT Final Decision and Order regarding Hil Rizvi, M.D. for review by the Board. Board Action: 5/6/20 – On motion of Dr. Conway, seconded by Mr. LeBrun, accept Final Decision and Order and authorize Dr. Potenza to sign the order. Each member recorded his or her vote on the motion, which passed by a unanimous poll vote of the members on the panel for Dr. Rizvi’s hearing.

Dr. Potenza Yes Dr. Fanciullo Did not participate Dr. Conway Yes Ms. Finerty Did not participate Dr. Baker Did not participate Ms. Gardner Yes Dr. Barr Did not participate Mr. LeBrun Yes Dr. Ballard Did not participate Ms. Tatarczuch Did not participate

27

HEARINGS WITH DATE TO BE DETERMINED:

BECK, Adam P., M.D. – Prehearing scheduled for April 9, 2019 at 1:00 P.M. Docket #: 19-03 Cases included: 2016-435, 2017-377 and 2017-416 John Wheeler, M.D., David Conway, M.D. and Nina Gardner, Public Member, recused. Dr. Barr is the Presiding Officer. Janice Rundles, Esq. is Hearing Counsel from APU. Board Action: 2/6/19 – On motion of Dr. Baker, seconded by Dr. Barr, approve Notice of Hearing as amended. The Presiding Officer will be Dr. Barr. Prehearing scheduled for April 9, 2019 at 1:00 P.M. Unanimous. 02/20/19 – Notice of Hearing issued. 03/22/19 – Respondent, Adam P. Beck, M.D.’s Motion to Postpone any Adjudicatory Hearing Until After the Resolution of the Underlying Litigation or in the Alternative to Continue the Prehearing Conference Scheduled for April 9, 2019. 03/22/19 – Notice of Appearance filed by Sean E. Capplis, Esq. 03/26/19 – Hearing Counsel’s Objection to Respondent’s Motion to Postpone Hearing Until After Resolution of Underlying Litigation. 03/28/19 – Order Granting Motion to Postpone Prehearing Scheduled for April 9, 2019. Board Action: 4/3/19 – On motion of Dr. Fanciullo, seconded by Dr. Baker, if Dr. Beck agrees to waive the statute of limitations, the Board will grant a one-year postponement, then will revisit. Unanimous. 04/16/19 – Order on Respondent’s Motion to Postpone Any Adjudicatory Hearing Until After the Underlying Litigation. 05/07/19 – Letter from Dr. Beck agreeing to waive the statute of limitations pursuant to the Board’s request. Board Action: 6/5/19 – On motion of Dr. Fanciullo, seconded by Dr. Baker, file letter. Unanimous. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous. 02/06/20 – Update from Attorney Mavrogeorge reminding the Board that it continued this case last year at the request of counsel for Dr. Beck until May 2020. See entry above dated 4/3/19. Board Action: 3/4/20 – File update. 05/06/20 – Board to decide whether to go ahead with hearing at this point. See Order on Respondent’s Motion to Postpone Any Adjudicatory Hearing Until After the Underlying Litigation dated 4-16-19. Board Action: 5/6/20 – On motion of Dr. Fanciullo, seconded by Dr. Baker, schedule hearing. There will be a hearing panel for Dr. Beck’s hearing. Dr. Barr, Dr. Fanciullo, Mr. LeBrun and Ms. Finerty will be on the hearing panel. Ms. Taylor will send out some dates to the hearing panel to set up a hearing date. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.

Dr. Potenza Yes Dr. Fanciullo Yes Dr. Conway Recused Ms. Finerty Yes Dr. Baker Yes Ms. Gardner Recused Dr. Barr Yes Mr. LeBrun Yes Dr. Ballard Yes Ms. Tatarczuch Yes

28

KNIGHT, Eric, M.D. – Hearing date canceled until a future date to be determined. Docket #17-05 Cases included: 2017-264. Dr. Potenza, Dr. Wheeler and Dr. Fanciullo recused. Dr. Conway is the Presiding Officer. Matthew Mavrogeorge, Esq. is Hearing Counsel from APU. Board Action: 9/6/17 – On motion of Dr. Barr, seconded by Mr. Sullivan, approve revised Notice of Hearing and do not include exhibits. The hearing will be held on November 1, 2017 at 1:00 P.M. Dr. Conway will be the Presiding Officer. Dr. Wheeler and Dr. Fanciullo recused. All others concurred. 09/25/17 – Order of Emergency License Suspension and Notice of Hearing issued. Emergency hearing scheduled for October 4, 2017 at 1:00 P.M. David Conway, M.D. will be the Presiding Officer. Hearing scheduled for November 1, 2017 regarding Dr. Knight’s renewal application will be combined with this hearing. 09/27/17 – Hearing Counsel’s Assented to Motion to Approve The Preliminary Agreement Not to Practice and Cancel the Hearing, along with the proposed Preliminary Agreement Not to Practice and Cancel the Hearing document. 09/27/17 – Order Canceling Hearing Scheduled for October 4, 2017 approved by the Presiding Officer. Board Action: 10/4/17 – On motion of Dr. Dibble, seconded by Dr. Conway, approve Preliminary Agreement Not to Practice. Unanimous. Board Action: 03/6/19 – Request update from APU. 03/20/19 – Update received from APU. Board Action: 04/3/19 – File update. Board Action: 10/2/19 – On motion of Ms. Gardner, seconded by Ms. Tatarczuch, Ms. Taylor to request update from APU. Unanimous. 10/10/19 – Update received from Janice Rundles, Esq., APU. Board Action: 11/6/19 – File update.

On motion of Dr. Barr, seconded by Dr. Fanciullo, adjourn meeting at 3:30 P.M. Unanimous. Each member recorded his or her vote on the motion, which passed by the unanimous poll vote of all members present.


29

A Checklist To Ensure Meetings Are Compliant With The Right-to-Know Law During The State Of Emergency

(Read at the May 6, 2020 Meeting of the Board of Medicine) Nina Gardner, reading for the President of the Board, Daniel Potenza, M.D., I am informing all present that due to the State of Emergency declared by the Governor as a result of the COVID-19 pandemic and in accordance with the Governor’s Emergency Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which was authorized pursuant to the Governor’s Emergency Order. However, in accordance with his Emergency Order, I am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities by video or other electronic means:

We are utilizing Zoom for this electronic meeting.1 All members of the NH Board of Medicine have the ability to communicate contemporaneously during this meeting through this platform, and the public has access to contemporaneously listen and, if necessary, participate in this meeting through dialing the following: Meeting ID: 952 4151 8398; Password: 855698, or by clicking on the following website address: https://zoom.us/j/95241518398?pwd=YmdQZ3RQdUszSThrbGpWdTBvcXNZZz09. b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the meeting, including how to access the meeting using Zoom or telephonically. Instructions have also been provided on the website of the NH Board of Medicine (https://www.oplc.nh.gov/medicine/board-meetings.htm).

c) Providing a mechanism for the public to alert the NH Board of Medicine during the meeting if there are problems with access:

If anybody has a problem, please email Penny Taylor at [email protected].

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting, the meeting will be adjourned and either the problem corrected or the meeting will be rescheduled.

Please note that all votes that are taken during this meeting shall be done by roll call vote.

1 Many public bodies are utilizing video teleconferencing technology, such as Zoom, to ensure the electronic meeting comply with the Right-to-Know law and any applicable due process requirements. In certain circumstances, a regular business meeting of a public body may be conducted utilizing audio-only technology. If you have any questions about the appropriateness of the technology utilized to conduct your meeting, please consult your agency counsel or the Attorney General’s Office.

https://zoom.us/j/95241518398?pwd=YmdQZ3RQdUszSThrbGpWdTBvcXNZZz09

https://www.oplc.nh.gov/medicine/board-meetings.htm

mailto:[email protected]

30

We will start the meeting by taking a roll call of attendees. When each member states their name, please also state whether there is anyone in the room with you during this meeting, which is required under the Right-to-Know law, also known as 91-A. Penny, please do the roll call vote.

minutes may 6, 2020 state of new hampshire board of … · 5/6/2020 · rsa 91-a:5, iv, rsa...

Documents